KRS § 268.270 — KY Code / Title XXII / Chapter 268 / Section 268.270
268.270 Appraisers' work and report on benefits and damages -- Cost of improvement
Status: in_force

268.270 Appraisers' work and report on benefits and damages -- Cost of

improvement.

(1) Within ten (10) days after being sworn as provided by KRS 268.260, the appraisers

shall begin their duties. They may at any time call upon the attorney of the district

for legal advice and information relative to their duties, and the chief engineer or

one (1) of his assistants shall accompany them at all times and render his opinion in

writing when called for.

(2) The appraisers shall view the premises and determine the value of all property

subject to assessment, or which is to be acquired or used as set out in the plan for

reclamation. They shall appraise each tract of land separately, and assess the amount

of benefits and damages that will accrue to each separate piece of property as a

result of execution of the plan for reclamation as adopted by the board.

(3) The appraisers, in assessing the benefits to property not traversed by the

improvements as provided for in the plan for reclamation, shall not consider what

benefits will be derived by such property after other improvements or plans have

been constructed, but they shall assess only the benefits that will be derived from

the construction of the improvements set out in the plan for reclamation, or as such

improvements may afford an outlet for drainage or protection from overflow of that

property. The appraisers shall give due consideration and credit to any other

improvements or systems of reclamation that have already been constructed and that

afford partial or complete protection to any property in the district. The property

shall be assessed according to the increased physical efficiency and decreased

annual average maintenance cost by reason of the protection to be derived from the

proposed improvements capitalized upon a six percent (6%) basis. The appraisers

shall not change or modify the plan for reclamation.

(4) The appraisers shall prepare a written report of their findings, signed by at least two

(2) of them. They shall make three (3) copies of the report, to be filed with the

secretary of the board. This report shall contain a statement of their findings on the

following facts: A description of each parcel of property, as described in the

engineer's report containing the plan for reclamation; the name of the owner; the

name of the county in which it is located; the present value of each separate tract of

land per acre; the number of acres in each tract; the quantity of land in each tract to

be taken or used; the value of the land to be taken or used; the consequential

damage to any property that will result from making the improvement; the

enhancement of value of each tract, by the acre, which will result from the

improvement; the number of acres in each class of benefits as classified by them.

(5) Each tract shall be reported separately. Substantially the following form shall be

followed in this particular:

"(Name of district) _____________ (drainage), (levee), (reclamation) District,

located in the County of ____________, Kentucky.

"Name of owner ______________ Post office address ______________

(Description of land). Located in ______________ County. Number of acres in tract

_________ Present value of land per acre $_______ Quantity of land to be taken or

used ____________ Value of land to be taken or used $____________

Consequential damages to adjacent lands ______________ Enhancement of value

of land which will result from the improvement per acre $____________

No.of acres in tract in class A _____________________________

No.of acres in tract in class B _____________________________

No.of acres in tract in class C _____________________________

No.of acres in tract in class D _____________________________

No.of acres in tract in class E _____________________________

No.of acres in tract in class _______________________________

Remarks: _________________________"

(6) If the appraisers find any property outside of the district that will be damaged by the

proposed improvement, or that must be taken for any improvement set out in the

plan for reclamation, they shall give the name of the owner and a description of the

property separate from the regular report but attached to it.

(7) They shall also, with the advice of the engineer, estimate and tabulate the cost of

improvements set out in the plan for reclamation, to include cost of all property,

damages, and the probable expenses of organization and administration estimated

by the board.

(8) The secretary of the board or his deputy shall accompany the appraisers while

engaged in their duties, and shall perform all their clerical work. He shall also,

under the supervision of the attorney for the district, prepare their report. The

appraisers shall report to the board the number of days each was employed and the

actual expenses incurred.