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7.105.575 | Liability. | (1) Except as provided in RCW 7.105.460 , this chapter does not impose criminal or civil liability on any person or entity for acts or omissions related to obtaining an extreme risk protection order or a temporary extreme risk protection order including, but not limited to, reporting, declining to report, investigating... |
7.105.580 | Protection order commissioners—Appointment authorized. | In each county, the superior court may appoint one or more attorneys to act as protection order commissioners pursuant to this chapter to exercise all powers and perform all duties of a court commissioner appointed pursuant to RCW 2.24.010 , provided that such positions may not be created without prior consent of the c... |
7.105.900 | Findings—2021 c 215. | (1) Washington state has been a national leader in adopting legal protections to prevent and respond to abuse, violence, harassment, stalking, neglect, or other threatening behavior, through the enactment of different types of civil protection orders, which are intended to provide a fast, efficient means to obtain prot... |
7.105.903 | Study on coercive control.(Expires January 1, 2028.) | (1) The gender and justice commission, through its E2SHB 1320 stakeholder work groups, and in consultation with the Washington state center for court research, shall include in their 2022 work consideration of a study regarding how the inclusion of coercive control under chapter 268, Laws of 2022 helps to further reali... |
7.110.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Child" means an unemancipated individual who is less than 18 years of age. (2) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.... |
7.110.020 | Civil cause of action. | (1) Except as otherwise provided in RCW 7.110.030 , a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew o... |
7.110.025 | Civil cause of action—Consent. | (1) A depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of a fabricated intimate image without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether: (a) The de... |
7.110.030 | Exceptions to liability. | (1) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image or fabricated intimate image was: (a) Made in good faith in: (i) Law enforcement activities; (ii) A legal proceeding; or (iii) Medical education or treatment; (b) Made in good faith in the r... |
7.110.040 | Plaintiff may use pseudonym. | In an action under this chapter a plaintiff may proceed using a pseudonym in place of the true name of the plaintiff under applicable state law or procedural rule.
[ 2023 c 65 s 5 .] |
7.110.050 | Remedies. | (1) In an action under this chapter, a prevailing plaintiff may recover: (a) The greater of: (i) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or (ii) Statutory damages not... |
7.110.060 | Statute of limitations. | (1) An action under RCW 7.110.020 or 7.110.025 for: (a) An unauthorized disclosure may not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and (b) A threat to disclose may not be brought later than four years from the... |
7.110.900 | Short title. | This chapter may be known and cited as the uniform civil remedies for unauthorized disclosure of intimate images act.
[ 2023 c 65 s 1 .] |
7.110.901 | Construction—Communications decency act of 1996. | This chapter must be construed to be consistent with the communications decency act of 1996, 47 U.S.C. Sec. 230.
[ 2023 c 65 s 8 .] |
7.110.902 | Uniformity of application and construction. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2023 c 65 s 9 .] |
7.113.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Consent" means that at the time of sexual contact or sexual penetration, there are actual words or conduct indicating freely given agreement. Consent may be revoked at any time. Conduct short of voluntary a... |
7.113.020 | Civil cause of action. | (1) A person who engaged in sexual contact or sexual penetration with another person may bring a civil action against that other person if prior to sexual contact or sexual penetration both persons understood and agreed that a sexually protective device would be used, and the other person: (a) Engaged or continued to e... |
7.113.030 | Remedies. | (1) In an action under this chapter, the court may award any or all of the following remedies upon request: (a) Compensatory damages; (b) Punitive damages; (c) Statutory damages of $5,000 per violation; (d) Injunctive relief; and (e) Any other relief the court deems appropriate. (2) In determining punitive damages, the... |
7.113.040 | Plaintiff may use pseudonym. | In an action under this chapter, a plaintiff may proceed using a pseudonym in place of the true name of the plaintiff under applicable state law or procedural rules.
[ 2024 c 254 s 4 .] |
7.113.900 | Application. | This chapter applies to causes of action accruing on and after July 1, 2024.
[ 2024 c 254 s 5 .] |
7.113.901 | Effective date—2024 c 254. | This act takes effect July 1, 2024.
[ 2024 c 254 s 6 .] |
7.115.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Aggrieved party" means a person against whom an underlying action is commenced based on the aggrieved party's provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or a... |
7.115.020 | Declaration of public policy—Cooperation to enforce other state's laws—Business entities. | (1) It is the public policy of Washington to protect the provision of protected health care services that are lawful in the state of Washington by a person duly licensed under the laws of the state of Washington and the provision of insurance coverage for such services regardless of the location of the person receiving... |
7.115.030 | Subpoenas—Quashing. | Any person in the state of Washington that receives a subpoena from any court, state or federal, in the United States or any of its territories, may, pursuant to the Washington rules of civil procedure, move to modify or quash the subpoena on the grounds that it is inconsistent with the public policy of Washington unde... |
7.115.040 | Civil claim for interference with protected health care services. | (1)(a) A claim for interference with protected health care services arises when: (i) Any underlying action is commenced against an aggrieved party in any court, state or federal, in the United States or any of its territories, where liability in the underlying action is based in whole or in part on: (A) The aggrieved p... |
7.115.050 | Enforcement by attorney general. | (1) The attorney general may bring an action to enjoin any person from violating any provision of this chapter. Upon proper showing, the superior court may grant a permanent or temporary injunction, restraining order, writ of mandamus, or any additional orders or judgments necessary to enjoin such persons from violatin... |
7.115.900 | Short title. | This chapter may be known and cited as the shield law.
[ 2023 c 193 s 1 .]
Effective date — 2023 c 193: See note following RCW 7.115.020 . |
7.115.901 | Construction—Full faith and credit. | The courts of this state shall give full faith and credit as provided for in the United States Constitution to the public acts, records, and judicial proceedings of another state and nothing in chapter 193, Laws of 2023 shall be construed to undermine the primacy of that clause.
[ 2023 c 193 s 17 .]
Effective date — 20... |
7.120.010 | Applicability of chapter.(Effective January 1, 2026.) | This chapter provides standard procedures governing civil asset forfeiture and is applicable to laws of this state that authorize civil forfeiture of property and that indicate the provisions of this chapter apply.
[ 2025 c 306 s 1 .]
Application — 2025 c 306: "This act applies to seizures occurring on or after January... |
7.120.020 | Forfeiture proceedings—Commencement—Hearing—Judicial review.(Effective January 1, 2026.) | (1)(a) Except with respect to contraband items, which shall be seized and summarily forfeited, proceedings for forfeiture are deemed commenced by the seizure. The agency under whose authority the seizure was made shall cause notice to be served within 15 days following the seizure on the owner of the property seized an... |
7.120.030 | Forfeiture of real property—Claims of landlords.(Effective January 1, 2026.) | (1) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules. Such an order shall be filed by the seizin... |
7.120.040 | Use of forfeited property.(Effective January 1, 2026.) | When property is forfeited under this chapter, the seizing agency may: (1) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency to be used in enforcement; (2) Sell that which is not required to be destroyed by law and which is not harmful to the... |
7.120.050 | Remission of proceeds to state general fund.(Effective January 1, 2026.) | (1)(a)(i) Except as provided in (a)(ii) of this subsection, by January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to 10 percent of the net proceeds of any property forfeited during the preceding calendar year. Money remitted shall be deposited in the state general fund unl... |
8.04.005 | Condemnation final actions—Notice requirements. | Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290 . Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.
[ 2007 c 68 s 2 .] |
8.04.010 | Petition for appropriation—Contents. | Whenever any officer, board, commission, or other body representing the state is authorized by the legislature to acquire any land, real estate, premises, or other property, deemed necessary for the public uses of the state, or any department or institution thereof, the attorney general shall present to the superior co... |
8.04.020 | Notice—Contents—Service—Publication. | A notice stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be acquired and appropriated, and stating the time and place when and where the same will be presented to the court or the judge thereof, shall be served on each and every person na... |
8.04.060 | Adjournment of proceedings—Further notice. | The court or judge may, upon application of the said attorney general or any owner or party interested, for reasonable cause, adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interest may be affected.
[ 1891 c 74 s 3 ; RRS s 893.] |
8.04.070 | Hearing—Order adjudicating public use. | At the time and place appointed for hearing the petition, or to which the hearing may have been adjourned, if the court has satisfactory proof that all parties interested in the lands, real estate, premises or other property described in the petition have been duly served with the notice, and is further satisfied by co... |
8.04.080 | Order to direct determination of damages and offsetting benefits. | The order shall direct that determination be had of the compensation and damages to be paid all parties interested in the land, real estate, premises or other property sought to be appropriated for the taking and appropriation thereof, together with the injury, if any, caused by such taking and appropriation to the rem... |
8.04.090 | Order for immediate possession—Payment of tender into court. | In case the state shall require immediate possession and use of the property sought to be condemned, and an order of necessity shall have been granted, and no review has been taken therefrom, the attorney general may stipulate with respondents in accordance with the provisions of this section and RCW 8.04.092 and 8.04.... |
8.04.092 | Determination of adequacy of payment—Jury trial—Costs. | The amount paid into court shall constitute just compensation paid for the taking of such property: PROVIDED, That respondents may, in the same action, request a trial for the purpose of assessing the amount of compensation to be made and the amount of damages arising from the taking. At the trial, the date of valuatio... |
8.04.094 | Demand for trial—Time of trial—Decree of appropriation. | If any respondent shall elect to demand a trial for the purpose of assessing just compensation and damages arising from the taking, he or she shall so move within sixty days from the date of entry of the order of immediate possession and use, and the issues shall be brought to trial within one year from the date of suc... |
8.04.097 | Acquisition when several ownerships. | Whenever it becomes necessary on behalf of the state to acquire by condemnation more than one tract of land, property, or property rights, existing in any one county, and held in different ownerships or interests, the state may consolidate and file a single petition as one action against the several tracts of land, pro... |
8.04.098 | Acquisition when several ownerships—Public use. | At the time and place appointed for hearing the petition, the court may enter an order adjudicating public use as affecting all tracts of land, property, or property rights as described therein, which order shall be final as to those respondents not seeking a review to the supreme court or the court of appeals within f... |
8.04.099 | Acquisition when several ownerships—Selection of single jury. | Thereafter, if requested by the state, a single jury shall be selected to hear and determine in separate trials, the amount of compensation and damages, if any, that shall be paid for the different tracts, parcels, property, or property rights, as set forth in the petition.
[ 1955 c 156 s 3 . Formerly RCW 8.04.210 .]
J... |
8.04.100 | Cases may be consolidated for trial. | At the time of fixing the date for trial by jury in any case the court may, on application of the petitioner, order that any one or more condemnation cases then pending before the court and requiring determination by a jury of the compensation and damages as aforesaid be consolidated and tried before one and the same j... |
8.04.110 | Trial—Damages to be found. | A judge of the superior court shall preside at the trial to determine the compensation and damage to be awarded, which trial shall be held at the courthouse in the county where the land, real estate, premises or other property sought to be appropriated or acquired is situated: and in the case of each such trial by jury... |
8.04.112 | Damages to buildings. | If there is a building standing, in whole or in part, upon any land to be taken, the jury shall add to their finding of the value of the land taken, the damages to the building. If the entire building is taken, or if the building is damaged, so that it cannot be readjusted to the premises, then the measure of damages s... |
8.04.114 | Damages to buildings—Where based on readjustment or moving. | If damages are based upon readjustment or moving of building or buildings, the court shall order and fix the time in the judgment and decree of appropriation within which any such building must be moved or readjusted. Upon failure to comply with said order, the state may move said building upon respondent's remaining l... |
8.04.120 | Judgment—Decree of appropriation—Recording. | At the time of rendering judgment for damages, whether upon default or trial, the court or judge thereof shall also enter a judgment or decree of appropriation of the land, real estate or premises sought to be appropriated, thereby vesting the legal title to the same in the state of Washington. Whenever said judgment o... |
8.04.130 | Payment of damages—Effect—Costs—Appellate review. | Upon the entry of judgment upon the verdict of the jury or the decision of the court awarding damages, the state may make payment of the damages and the costs of the proceedings by depositing them with the clerk of the court, to be paid out under the direction of the court or judge thereof; and upon making such payment... |
8.04.140 | Claimants, payment of—Conflicting claims. | Any person, corporation, or county claiming to be entitled to any money paid into court, as provided in RCW 8.04.010 through 8.04.160 , may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he or she or it is entitled to the same, the court shall make an order directing the paymen... |
8.04.150 | Appellate review. | Either party may seek appellate review of the judgment for damages entered in the superior court within thirty days after the entry of judgment as aforesaid, and such review shall bring before the supreme court or the court of appeals the propriety and justness of the amount of damages in respect to the parties to the ... |
8.04.160 | Award, how paid into court. | Whenever the attorney general shall file with the director of financial management a certificate setting forth the amount of any award found against the state of Washington under the provisions of RCW 8.04.010 through 8.04.160 , together with the costs of said proceeding, and a description of the lands and premises sou... |
8.04.170 | Condemnation for military purposes. | Whenever the governor, as commander-in-chief of the military of this state, shall deem it necessary to acquire any lands, real estate, premises, or other property for any military purpose or purposes of this state, either to add to, enlarge, increase, or otherwise improve state military facilities now or hereafter exis... |
8.04.180 | Condemnation for military purposes—Construction. | Nothing contained in RCW 8.04.170 shall be construed as in any manner applying to condemnation by any county for the purpose of acquiring title to any site for a mobilization, training and supply station, to be donated by any county to the United States.
[ 1917 c 153 s 2 ; RRS s 900-2.] |
8.08.005 | Condemnation final actions—Notice requirements. | Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290 . Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.
[ 2007 c 68 s 3 .] |
8.08.010 | Condemnation authorized for general county purposes—Petition. | Every county is hereby authorized and empowered to condemn land and property within the county for public use; whenever the board of county commissioners deems it necessary for county purposes to acquire such land, real estate, premises or other property, and is unable to agree with the owner or owners thereof for its ... |
8.08.020 | Public use declared. | Any condemnation, appropriation or disposition intended in RCW 8.08.010 through 8.08.080 shall be deemed and held to be for a county purpose and public use within the meaning of RCW 8.08.010 through 8.08.080 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the county or... |
8.08.030 | Notice of presentation of petition. | A notice, stating the time and place when and where such petition shall be presented to the court or the judge thereof, together with a copy of such petition, shall be served on each and every person named therein as owner or otherwise interested therein, at least ten days previous to the time designated in such notice... |
8.08.040 | Hearing—Order adjudicating public use. | At the time and place appointed for hearing said petition, or to which the same may have been adjourned, if the court or judge thereof shall have satisfactory proof that all parties interested in the land, real estate, premises or other property described in said petition have been duly served with said notice as presc... |
8.08.050 | Trial—Damages to be found. | The jury selected to hear the evidence and determine the compensation to be paid to the owner or owners of such real estate or property to be appropriated for public use, shall be selected, impaneled and sworn in the same manner that juries in other civil actions are selected, impaneled and sworn, and in case a jury is... |
8.08.060 | Judgment—Decree of appropriation. | Upon the verdict of the jury or upon the determination of the court of the compensation or damages to be paid for the real estate or property appropriated, judgment shall be entered against such county in favor of the owner or owners of the real estate or property so appropriated for the amount found as just compensati... |
8.08.070 | Costs. | All the costs of such proceedings in the superior court shall be paid by the county initiating such proceedings.
[ 1949 c 79 s 7 ; Rem. Supp. 1949 s 3991-12.] |
8.08.080 | Appellate review. | Either party may seek appellate review of the judgment for compensation of the damages awarded in the superior court within thirty days after the entry of judgment as aforesaid, and such review shall bring before the supreme court or the court of appeals the propriety and justice of the amount of damage in respect to t... |
8.08.090 | Appropriation authorized in aid of federal or state improvement. | Every county in this state is hereby, for the purposes of RCW 8.08.090 through 8.08.130 , declared to be a body corporate and is authorized and empowered by and through its board of county commissioners whenever said board shall judge it to be clearly for the general welfare and benefit of the people of the county, and... |
8.08.100 | Mode of appropriation. | The right of eminent domain for the purposes intended in RCW 8.08.090 through 8.08.130 is hereby extended to all counties in this state and every such county for any purpose of condemnation, appropriation or disposition such as is mentioned in RCW 8.08.090 is hereby authorized and empowered to condemn and appropriate a... |
8.08.110 | Tax levy to pay costs. | The board of county commissioners is hereby authorized and empowered in aid of the powers granted or prescribed in RCW 8.08.090 to levy, annually, a tax as large as may be necessary, but not exceeding the rate of one mill on the dollar, upon all the taxable property in the county, such tax to be assessed, levied and co... |
8.08.120 | Indebtedness is for general county purposes. | Any county purpose mentioned in RCW 8.08.090 through 8.08.130 shall be deemed and held to be a general county purpose and any indebtedness contracted or to be contracted therefor shall be deemed and held to be an indebtedness for general county purposes, and all the provisions of law of this state relative to indebtedn... |
8.08.130 | Limitation. | Any condemnation, appropriation or disposition intended in RCW 8.08.090 through 8.08.130 shall be deemed and held to be for a county purpose and public use within the meaning of RCW 8.08.090 through 8.08.130 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the county or... |
8.12.005 | Condemnation final actions—Notice requirements. | Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290 . Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.
[ 2007 c 68 s 4 .] |
8.12.010 | "City" defined. | The term "city," when used in this chapter, means and includes every city and town and each unclassified city and town in the state of Washington.
[ 1915 c 154 s 20 ; RRS s 9272.]
Severability — 1915 c 154: "An adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any... |
8.12.020 | Other terms defined. | Whenever the word "person" is used in this chapter, the same shall be construed to include any company, corporation or association, the state or any county therein, and the words "city" or "town" wherever used, shall be construed to be either. Whenever the words "installment" or "installments" are used in this chapter,... |
8.12.030 | Condemnation authorized—Purposes enumerated. | Every city and town and each unclassified city and town within the state of Washington, is hereby authorized and empowered to condemn land and property, including state, county and school lands and property for streets, avenues, alleys, highways, bridges, approaches, culverts, drains, ditches, public squares, public ma... |
8.12.040 | Ordinance to specify method of payment—Limitations. | When the corporate authorities of any such city shall desire to condemn land or other property, or damage the same, for any purpose authorized by this chapter, such city shall provide therefor by ordinance, and unless such ordinance shall provide that such improvement shall be paid for wholly or in part by special asse... |
8.12.050 | Petition for condemnation. | Whenever any such ordinance shall be passed by the legislative authority of any such city for the making of any improvement authorized by this chapter or any other improvement that such city is authorized to make, the making of which will require that property be taken or damaged for public use, such city shall file a ... |
8.12.060 | Contents of petition. | Such petition shall contain a copy of said ordinance, certified by the clerk under the corporate seal, a reasonably accurate description of the lots, parcels of land and property which will be taken or damaged, and the names of the owners and occupants thereof and of persons having any interest therein, so far as known... |
8.12.070 | Summons—Service. | Upon the filing of the petition aforesaid a summons, returnable as summons in other civil actions, shall be issued and served upon the persons made parties defendant, together with a copy of the petition, as in other civil actions. And in case any of them are unknown or reside out of the state, a summons for publicatio... |
8.12.080 | Service when state or county lands are involved. | In case the land, real estate, premises or other property sought to be appropriated or damaged is state, school or county land, the summons and copy of petition shall be served on the auditor of the county in which such land, real estate, premises or other property is situated. Service upon other parties defendant shal... |
8.12.090 | Waiver of jury—Adjudication of public use—Procedure. | In any proceedings under this chapter wherein a trial by jury is provided for, the jury may be waived as in other civil cases in courts of record in the manner prescribed by law, and the matter may be heard and determined without the intervention of a jury. Whenever an attempt is made to take private property, for a us... |
8.12.100 | Trial—Jury—Right to separate juries. | Upon the return of said summons, or as soon thereafter as the business of court will permit, the said court shall proceed to the hearing of such petition and shall impanel a jury to ascertain the just compensation to be paid for the property taken or damaged, but if any defendant or party in interest shall demand, and ... |
8.12.120 | Interested party may be brought in. | Such jury shall also ascertain the just compensation to be paid to any person claiming an interest in any lot, parcel of land, or property which may be taken or damaged by such improvement, whether or not such person's name or such lot, parcel of land, or other property is mentioned or described in such petition: PROVI... |
8.12.130 | Jury may view premises. | The court may upon the motion of such city or of any defendant direct that said jury (under the charge of any officer of the court and accompanied by such person or persons as may be appointed by the court to point out the property sought to be taken or damaged) shall view the lands and property affected by said improv... |
8.12.140 | Damages to building—Measure. | If there be any building standing, in whole or in part, upon any land to be taken, the jury shall add to their finding of the value of the land taken the damages to said building. If the entire building is taken, or if the building is damaged, so that it cannot be readjusted to the premises, then the measure of damages... |
8.12.150 | Separate findings where there are several interests—Interpleader of adverse claimants. | If the land and buildings belong to different parties, or if the title to the property be divided into different interests by lease or otherwise, the damages done to each of such interests may be separately found by the jury on the request of any party. In making such findings, the jury shall first find and set forth i... |
8.12.160 | Verdict—New trial—Continuance—New summons. | Upon the return of the verdict the proceedings of the court regarding new trial and the entry of judgment thereon shall be the same as in other civil actions, and the judgment shall be such as the nature of the case shall require. The court shall continue or adjourn the case from time to time as to all occupants and ow... |
8.12.170 | Change of ownership—Powers of court. | The court shall have power at any time, upon proof that any such owner or owners named in such petition who has not been served with process has ceased to be such owner or owners since the filing of such petition, to impanel a jury and ascertain the just compensation to be made for the property (or the damage thereto) ... |
8.12.190 | Findings by jury. | When the ordinance providing for any such improvement provides that compensation therefor shall be paid in whole or in part by special assessment upon property benefited, the jury or court, as the case may be, shall find separately: (1) The value of land taken at date of trial; (2) The damages which will accrue to the ... |
8.12.200 | Judgment—Appellate review—Payment of award into court. | Any final judgment or judgments rendered by said court upon any finding or findings of any jury or juries, or upon any finding or findings of the court in case a jury be waived, shall be lawful and sufficient condemnation of the land or property to be taken, or of the right to damage the same in the manner proposed, up... |
8.12.210 | Title vests upon payment. | The court, upon proof that just compensation so found by the jury, or by the court in case the jury is waived, together with costs, has been paid to the person entitled thereto, or has been paid into court as directed by the court, shall enter an order that the city or town shall have the right at any time thereafter t... |
8.12.220 | Payment from general fund. | When the ordinance under which said improvement is ordered to be made shall not provide that such improvement shall be made wholly by special assessment upon property benefited, the whole amount of such damage and costs, or such part thereof as shall not be assessed upon property benefited shall be paid from the genera... |
8.12.230 | Payment by special assessment. | When such ordinance under which said improvement shall be ordered, shall provide that such improvement shall be paid for, in whole or in part, by special assessment of property benefited thereby, the damages and costs awarded, or such part thereof as is to be paid by special assessment, shall be levied, assessed and co... |
8.12.240 | Petition for assessment—Appointment of commissioners. | Such city may file in the same proceeding a supplementary petition, praying the court that an assessment be made for the purpose of raising an amount necessary to pay the compensation and damages which may [be] or shall have been awarded for the property taken or damaged, with costs of the proceedings, or for such part... |
8.12.250 | Advancement from general funds against assessments. | If any city or town shall desire to take possession of any property or do any damage or proceed with any improvement, the compensation for which is to be paid for in whole or in part by the proceeds of special assessment under this chapter, it may advance from its general funds, or any moneys available for the purpose,... |
8.12.260 | Appointment of board of eminent domain commissioners—Terms of office. | At any time after June 11, 1907, any such city may petition the superior court of the county in which said city is situated, that a board of eminent domain commissioners be appointed to make assessments in all condemnation proceedings instituted by such city. Said superior court shall thereupon, by order duly entered i... |
8.12.270 | Oath of commissioners—Compensation. | All commissioners, before entering upon their duties, shall take and subscribe an oath that they will faithfully perform the duties of the office to which they are appointed, and will to the best of their abilities make true and impartial assessments according to law. Every commissioner shall receive compensation at th... |
8.12.280 | Duties of commissioners—Assessment of benefits—Apportionment. | It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made and the property which will be especially benefited thereby, and to estimate what proportion, if any, of the total cost of such improvement will be a benefit to the public, and what proportion thereof will be... |
8.12.290 | Assessment roll. | Such commissioners in each proceeding shall also make or cause to be made an assessment roll in which shall appear the names of the owners, so far as known, the description of each lot, block, tract or parcel of land or other property and the amounts assessed as special benefits thereto, and in which they shall set dow... |
8.12.300 | Hearing on assessment roll—Notice. | After the return of such assessment roll, the court shall make an order setting a time for the hearing thereof before the court, which day shall be at least twenty days after return of the roll. It shall be the duty of the commissioners to give notice of the assessment and of the day fixed by the court for the hearing ... |
8.12.310 | Proof of service. | On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent, or caused to be sent, by mail, to the owners whose property has been assessed and whose names and addresses are known to them, the notice hereinbefore required to be sent by mail ... |
8.12.320 | Continuance of hearing. | If twenty days shall not have elapsed between the first publication or the posting of such notices and the day set for hearing, the hearing shall be continued until such time as the court shall order. The court shall retain full jurisdiction of the matter, until final judgment on the assessments; and if the notice give... |
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