Kentucky Revised Statutes

Ky. Rev. Stat. § 220.040 (2026)

Petition necessary to establish district -- Requisites

✓ current as of May 2026

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(1) Before the commissioner of sanitation districts shall establish a district, a petition, approved as to propriety and necessity by the county board of health of each county affected, shall be filed with the commissioner, containing valid signatures of sixty percent (60%) of those in possession claiming as freeholders within the limits of the territory proposed to be organized into a district. (2) In determining when sixty percent (60%) of the landowners have signed the petition, the commissioner shall consult with the landowners whose names appear upon the county tax duplicate, which for all purposes of KRS 220.010 to 220.520 shall be prima facie evidence of such ownership. The commissioner shall further require evidence to determine the fact that all signatures on the petition are genuine, and a notification by ordinary mail sent to the respective addresses shown on the petition shall be deemed satisfactory by the commissioner if the petitioner so notified fails to report in writing within ten (10) days that he did not sign the petition. When authorized by ordinance, such a petition may be signed by the governing body of any municipality lying wholly or partly within the proposed district. When so signed by such governing body a petition on the part of the governing body shall fill all requirements of representation upon the petition of the freeholders of the municipality as they appear upon the assessment roll of the municipality, and individuals within the municipality shall not sign the petition. Such a petition may also be filed by any municipality interested in some degree in the improvement, upon proper action by its governing body, except as provided in KRS 220.520. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 217, sec. 5, effective July 15, 1982. -- Amended 1960 Ky. Acts ch. 195, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062g-4.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2025 · leading case: Coppage Constr. Co. v. Sanitation Dist. No. 1, 459 S.W.3d 855 (Ky. 2015).

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Coppage Constr. Co. v. Sanitation Dist. No. 1, 459 S.W.3d 855 (Ky. 2015). · cites it 3× “Only after a qualifying petition is received, and either garners no objection or, if challenged, is upheld in the courts, can the commissioner of sanitation districts declare the establishment of a particular district.”

Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Jennifer Albright, Individually & as Adm'x of the Est. of David K. Albright (Ky. 2025). “And while [Sanitation District] 1 correctly asserts that such petition must be approved by the county board of health, KRS 220.040(1), a sanitation district cannot be created without the “direct solicitation or .”

— Ky. Rev. Stat. § 220.040(1) — 2 cases

Coppage Constr. Co. v. Sanitation Dist. No. 1, 459 S.W.3d 855 (Ky. 2015). “Only after a qualifying petition is received, and either garners no objection or, if challenged, is upheld in the courts, can the commissioner of sanitation districts declare the establishment of a particular district.”

— Ky. Rev. Stat. § 220.040(2) — 1 case

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