Kentucky Statutes 81A.482 – Standing to contest city’s annexation of property containing no residents — Standing to contest results of defeated KRS 81A.120 election
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(1) When a city annexes or proposes to annex any territory in which no person is residing, any person who pursues litigation against the annexation shall have standing in a court of law to do so if that person:
(a) Owns property within the area that is proposed to be annexed or that has been annexed by a city; or
(b) Owns property directly adjoining a parcel of land that contains either in whole or in part any territory proposed to be annexed or annexed by the city. For the purposes of this paragraph, “parcel” means a tract of real property that is assessed as a single unit for purposes of determining ad valorem tax liability.
(2) If an election on annexation held pursuant to KRS § 81A.420 is defeated, a city government that proposed the annexation shall have standing to contest the results of the election for the reasons and in a manner established in KRS § 120.250.
(3) The authority granted by this section shall be construed to be in addition to any standing to pursue litigation existing in statute, common law, or the rules of city procedure.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 155, sec. 1, effective July 14, 2018.
(a) Owns property within the area that is proposed to be annexed or that has been annexed by a city; or
Terms Used In Kentucky Statutes 81A.482
- City: includes town. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
(b) Owns property directly adjoining a parcel of land that contains either in whole or in part any territory proposed to be annexed or annexed by the city. For the purposes of this paragraph, “parcel” means a tract of real property that is assessed as a single unit for purposes of determining ad valorem tax liability.
(2) If an election on annexation held pursuant to KRS § 81A.420 is defeated, a city government that proposed the annexation shall have standing to contest the results of the election for the reasons and in a manner established in KRS § 120.250.
(3) The authority granted by this section shall be construed to be in addition to any standing to pursue litigation existing in statute, common law, or the rules of city procedure.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 155, sec. 1, effective July 14, 2018.