Whenever the secretary takes action authorized by KRS § 151.297, the owner or owners of the dam or the dams creating the impoundment, or levee, embankment, or other water barriers at which such action was taken shall be jointly and severally liable for the costs of taking such action, including applicable overheads, and a lien in the amount of such costs shall be automatically created on all property owned by any such owner at or proximate to such dam or reservoir. The secretary shall file an action in the Circuit Court having jurisdiction over any owner or the owner’s property for the recovery of such costs, and may join all other owners in such action irrespective of any statutes to the contrary relating to jurisdiction or venue. Following the conclusion of such action the secretary may make application to the court for foreclosure sale of the property to satisfy any judgment obtained by the secretary.
History: Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9). — Created 1974 Ky. Acts ch. 285, sec. 11.

Terms Used In Kentucky Statutes 151.299

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Venue: The geographical location in which a case is tried.
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