KRS § 99.765 Repealed, 1986.
This section was repealed in 1986.
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This section was repealed in 1986.
This section was repealed in 2000.
This section was repealed in 1994.
This section was repealed in 2000.
The legislature finds that abandoned and blighted buildings harm communities, and that courts should be able to appoint a conservator when an owner fails to keep such a building in required code compliance.
This section defines terms used in KRS 99.780 to 99.855.
A city or county may file a petition in circuit court to appoint a conservator for an abandoned and blighted building, and the petitioner must attach specified information and file a lis pendens notice.
The petitioner must notify parties in interest and nearby property owners of the hearing date.
The court must hold a hearing on a petition. A party in interest may be heard and may present evidence. The court may appoint a conservator only if the listed conditions are met.
The court may appoint a conservator, require a bond, and remove a conservator in stated circumstances.
The court may let the owner fix the conditions, may require a bond, must set a backstop order for a conservator if deadlines are missed, and the owner must reimburse petition costs in some cases.
The conservator gets broad powers to manage and rehabilitate the building, and the owner keeps liability and tax/payment obligations. Any sale or transfer by the owner during the conservatorship remains subject to the conservatorship.
A conservator may borrow money or incur debt to pay rehabilitation costs or fulfill obligations, and the court must give priority status to the lien securing that debt.
A conservator in possession of a building must maintain and protect the property, prepare and carry out a final abatement plan, and submit required reports and accounting to the court and interested parties.
If rehabilitation is not feasible at a reasonable cost, the conservator may propose demolition, must salvage reusable materials and keep records, and parties in interest may request a hearing within 30 days.
A conservator may propose demolishing a building if no feasible rehabilitation plan exists, and must follow salvage, recordkeeping, accounting, and notice steps.
The court may authorize a conservator to sell property, and the conservator must give the court required sale details and follow court-approved procedures.
The court may approve and supervise a conservator’s sale of property, and the conservator must give the court required sale details and follow court-approved sale procedures.
After a court-confirmed sale, the conservator must deliver the deed within 10 days and then report the sale to the court and interested parties as soon as reasonably possible.
The court may end a conservatorship if a party in interest or the conservator asks and the listed conditions are met.
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