Section 268.290 - Determination of correctness of appraisers' report - Proceeding to abandon improvement - Action of board - Appeal(1) When the hearing is completed, the board shall determine the correctness of the classification and assessment of benefits to each piece of property involved. If no objections are raised to the report of the appraisers, the report shall be considered correct in all respects.(2) If it appears to the board, after having heard all objections, that the estimated cost of the construction of the proposed improvement contemplated in the plan of reclamation is less than the benefits properly assessed against the property, the board shall then approve and confirm the report of the appraisers as to the classification and assessment of benefits as amended or modified by the board. If it appears to the board that the cost exceeds the benefit accruing to the property in the district, the board shall abandon the proposed improvement.(3) The board shall state its findings and enter it along with an order approving or disapproving the proposed improvement, and file the same with the secretary of the board, who shall note upon the order the date of its filing.(4) After the report of the appraisers has been filed, if the owners of seventy-five percent (75%) of the land in the district, or any part of it which is practically separated from the rest, file a petition with the board stating that they desire to abandon the proposed improvement, the board shall abandon it at the cost of the landowners.(5) Any person may appeal to the Circuit Court within thirty (30) days from the filing of the order of the board. The trial in Circuit Court shall be de novo.Effective:6/17/1978
Amended 1978 Ky. Acts ch. 384, sec. 574, effective6/17/1978. --Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 239, effective 1/2/1978 -- Amended 1976 Ky. Acts ch. 140, sec. 103. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. sec. 2380b-18.