81A.020 Protest against annexation of unincorporated territory or reduction of territory by city of the first class -- Trial -- Judgment. - Kentucky Statutes

Download pdf

Loading PDF...

81A.020 Protest against annexation of unincorporated territory or reduction of territory by city of the first class -- Trial -- Judgment. (1) Within thirty (30) days after the enactment of an ordinance proposing to annex unincorporated territory to a first-class city, or to reduce its limits, one or more
residents or freeholders of the territory proposed to be annexed or stricken off may
file a petition in the Circuit Court of the county, setting forth the reasons why the
territory or any part of it should not be annexed, or why the limits should not be
reduced. Summons shall issue on the petition and be executed on the chief
executive officer of the city, and the answer of the city shall be filed within twenty
(20) days after service of the summons. The case shall be tried according to the
practice prescribed for the trial of jury cases. (2) If the jury finds, upon a hearing, that less than seventy-five percent (75%) of the freeholders of the territory to be annexed or stricken off have remonstrated, and that
the adding or striking off of the territory will be for the interest of the city, and will
cause no manifest injury to the persons owning real estate in the territory sought to
be annexed or stricken off, the annexation or reduction shall be approved and
become final. If the jury finds that seventy-five percent (75%) or more of the
resident freeholders of the territory sought to be annexed or stricken off have
remonstrated, the annexation or reduction shall not take place, unless the jury finds
from the evidence that a failure to annex or strike off will materially retard the
prosperity of the city, and of the owners and inhabitants of the territory sought to be
annexed or stricken off, in which case the annexation or reduction shall take place
notwithstanding the remonstrance. (3) An appeal from the judgment may be taken as in other cases, but there shall be no change of venue from the county. Costs shall follow the judgment. (4) The judgment shall, when entered, be certified to the city legislative body, which may thereupon annex to or strike from the city the territory described in the
judgment, and the territory shall then become, or cease to become, a part of the city. Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2762, 2763. Formerly codified as KRS 81.110.