Kentucky Revised Statutes

Ky. Rev. Stat. § 220.110 (2026)

Declaration and certification of organization -- Status and powers of

✓ current as of May 2026
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district -- Corporate name. (1) If no suit is filed against the commissioner under KRS 220.100, or if suit is filed and final judgment in the Circuit Court or an appeal is in favor of the commissioner, the commissioner shall forthwith declare the district organized into a sanitation district and give it a corporate name, as provided in KRS 220.050, by which in all proceedings it shall thereafter be known. The commissioner shall certify his act to the county clerk of each county in which any part of the district is located, and to the Secretary of State, each of whom shall record the certificate as articles of incorporation. The commissioner shall also certify his act to the county judge/executive of each county in which any part of the district is located. The district shall then be a political subdivision, except as otherwise specifically provided in KRS 220.530, with power to sue and be sued, contract and be contracted with, incur liabilities and obligations, exercise the right of eminent domain, assess, tax, and contract for rentals as herein provided, issue bonds, and do and perform all acts herein expressly authorized and all acts necessary and proper for the carrying out of the purpose for which the district was created, and for executing the powers with which it is invested. (2) The board of directors of the district may amend the corporate name of the district, but the amendment shall not be effective until certified by the board to the commissioner, the county clerk and county judge/executive of each county in which any part of the district is located, and to the Secretary of State. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 37, sec. 2, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 330, sec. 5, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 384, sec. 356, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2062g-11.

Notes of Decisions
Cited in 3 cases, 1958–2015 · leading case: Coppage Constr. Co. v. Sanitation Dist. No. 1, 459 S.W.3d 855 (Ky. 2015).
Coppage Constr. Co. v. Sanitation Dist. No. 1, 459 S.W.3d 855 (Ky. 2015). “KRS 220.110 employs similar language for sanitation districts such as SD1: The district shall then be a political subdivision .”
Wessels Co., LLC v. Sanitation Dist. No. 1, 238 S.W.3d 673 (Ky. Ct. App. 2007). “In concluding that the surcharge could be imposed, the trial court first cited the following enumeration of the powers and duties afforded the district under KRS 220.110(1): The district shall then be a political subdivision, except as otherwise specifically provided in KRS 220.”
City of South Hills v. Sanitation Dist. No. 1 of Kenton, 318 S.W.2d 873 (Ky. Ct. App. 1958). “KRS 220.110, 220.260, 220.-280. The only references in the statute to payments by cities towards the cost of facilities of a sanitation district are found in KRS 220.”
— Ky. Rev. Stat. § 220.110(1) — 1 case
Wessels Co., LLC v. Sanitation Dist. No. 1, 238 S.W.3d 673 (Ky. Ct. App. 2007). “In concluding that the surcharge could be imposed, the trial court first cited the following enumeration of the powers and duties afforded the district under KRS 220.110(1): The district shall then be a political subdivision, except as otherwise specifically provided in KRS 220.”
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