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84.98.010 | Continuation of existing law. | The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 1961 c 15 s 84.98.010 .] |
84.98.020 | Title, chapter, section headings not part of law. | Title headings, chapter headings, and section or subsection headings, as used in this title, do not constitute any part of the law.
[ 1961 c 15 s 84.98.020 .] |
84.98.030 | Invalidity of part of title not to affect remainder. | If any section, subdivision of a section, paragraph, sentence, clause or word of this title for any reason shall be adjudged invalid, such judgment shall not affect, impair or invalidate the remainder of this title but shall be confined in its operation to the section, subdivision of a section, paragraph, sentence, cla... |
84.98.040 | Repeals and saving. | See 1961 c 15 s 84.98.040 . |
84.98.050 | Emergency—1961 c 15. | This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
[ 1961 c 15 s 84.98.050 .] |
85.05.010 | Districts authorized—Powers—Management. | Any portion of a county requiring diking may be organized into a diking district, and when so organized, such district, and the board of commissioners hereinafter provided for, shall have and possess the power herein conferred or that may hereafter be conferred by law upon such district and board of commissioners, and ... |
85.05.065 | Certain powers and rights governed by chapter85.38RCW. | Diking districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW.
[ 1985 c 396 s 31 .] |
85.05.070 | Eminent domain—Powers of district. | All diking districts organized under the provisions of this act shall have the right of eminent domain with the power by and through its board of commissioners to cause to be condemned and appropriated private property for the use of said organization, in the construction and maintenance of a system of dikes and make j... |
85.05.071 | Resolution to construct drainage system. | Before entering upon the construction of any system of drainage for the land situated within such diking district, the commissioners thereof shall adopt a resolution which shall contain a brief and general description of the proposed improvement, a statement that the costs thereof shall be paid by warrants drawn and pa... |
85.05.072 | Resolution to construct drainage system—Notice of hearing. | Notice of the hearing shall be given by posting in three public places within the district a true copy of the resolution signed by the commissioners of the diking district and attested with the seal thereof, which notice shall be posted for at least ten days prior to the day fixed in the resolution for the hearing. Not... |
85.05.073 | Resolution to construct drainage system—Procedure in absence of objections. | At the time fixed, the commissioners shall meet and if no objections have been made to the proposed improvement or to the proposed method of paying the costs thereof, they shall adopt an order reciting that fact and shall thereupon proceed to construct such system of drainage and pay the costs thereof in accordance wit... |
85.05.074 | Resolution to construct drainage system—Objections to improvement. | But if objections in writing are filed either to the proposed improvement or to the proposed method of paying the costs thereof, the commissioners shall proceed to hear and consider the same and may, thereupon, order that such proposed improvement be abandoned for the time being or may direct such improvement to be con... |
85.05.075 | Resolution to construct drainage system—Assessment of benefits. | In case the commissioners at such hearing shall determine that the benefits accruing to any lot or parcel of lands within said district by reason of the construction of such drainage system are greater or less than the amount theretofore fixed in the original or any subsequent proceeding for the construction of dikes, ... |
85.05.076 | Resolution to construct drainage system—Appeal to supreme court—Trial de novo. | Any person deeming himself or herself aggrieved by the assessment for benefits made against any lot or parcel of land owned by him or her, may appeal therefrom to the superior court for the county in which the diking district is situated; such appeal shall be taken within the time and substantially in the manner prescr... |
85.05.077 | Resolution to construct drainage system—Assessments for drains and dikes to be segregated. | In all cases wherein it is finally determined that the assessments for the system of drainage differ from the assessment theretofore made, as to any tract or parcel of land within said diking district, the diking commissioners in making their annual estimate shall segregate the amount necessary to be raised for the con... |
85.05.078 | Resolution to construct drainage system—Bonds to construct drainage system. | Authority is hereby given to any diking district heretofore organized, or that may be hereafter organized, to issue bonds of such diking district for the purpose of procuring funds with which to construct a drainage system, such bonds to be issued in accordance with the terms of *RCW 85.05.480 .
[ 1915 c 153 s 9 ; RRS ... |
85.05.079 | Resolution to construct drainage system—Appellate review. | Either the dike commissioners or any landowner who has appealed to the superior court in accordance with the provisions of *this act may seek appellate review within the time and in the manner prescribed by existing law.
[ 1988 c 202 s 72 ; 1971 c 81 s 156 ; 1915 c 153 s 10 ; RRS s 4252. Formerly RCW 85.04.475 , part.]... |
85.05.080 | Rights-of-way on public land. | The right, power and authority to acquire the necessary and needed rights-of-way for any and all purposes now existing by law or created by this act, may be acquired by the commissioners of any diking district over, across and upon any land, or interest therein, of the state of Washington or any county of this state, a... |
85.05.081 | Organization—Matters to be set in notices, petitions or proceedings. | In all proceedings hereafter had to organize diking districts, all notices, petitions or proceedings shall contain and set forth all matters and things required by existing law, and in addition thereto shall contain and set forth, so far as is necessary or applicable, all matters and things required by the provisions o... |
85.05.082 | Beds and shores of streams granted to district. | All the right, title and interest of the state of Washington in and to so much of the beds and shores of any navigable river, stream, waterway or watercourse located within the boundaries of any diking district up to and including the line of ordinary high tide in waters where the tide ebbs and flows, and up to and inc... |
85.05.083 | Auditor to sign petition for his county, when. | Whenever the county owns any land situated within the boundaries of a proposed diking district, the county auditor, when so directed by the board of county commissioners of the county in which such lands are situated, is hereby authorized to sign the petition praying for the formation of such diking district for and on... |
85.05.085 | Commissioners, duty of. | The board of dike commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The board of dike commissioners shall have the exclusive charge of the construction and maintenance of all dikes or dike sy... |
85.05.090 | Petition for improvement—Contents. | Whenever it is desired to prosecute the construction of a system of dikes within said district, said district, by and through its board of commissioners, shall file a petition in the superior court of the county in which said district is located, setting forth therein the route over which the same is to be constructed,... |
85.05.100 | Petition for improvement—Employment of assistants—Compensation as costs in suits. | In the preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the matter to the said superior court, the board of commissioners of said diking district may employ one or more good and competent surveyors and drafters to assist them in compiling data required ... |
85.05.110 | Summons—Contents—Service. | A summons stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be appropriated, and those which it is claimed will be benefited by the improvement, and stating the court wherein the petition is filed, the date of the filing thereof and when th... |
85.05.120 | Appearance of defendants—Jury—Verdict—Decree. | Any or all of said defendants may appear jointly or separately, and admit or deny the allegations of said petition, and plead any affirmative matter in defense thereof, 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 satis... |
85.05.135 | Special assessments—Budgets—Alternative methods. | RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which diking districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which diking districts created after July 28,198... |
85.05.140 | Proceedings may be dismissed when. | In case the damages or amount of compensation for such right-of-way, together with the estimated cost of the improvement, amount to more than the maximum amount of benefits which will be derived from said improvement, or if said improvement is not practicable, or will not be conducive to the public health, welfare and ... |
85.05.150 | Procedure to claim awards. | Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this act, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he or she is entitled to the same, the court shall make an order directing the payment to such claimant of the p... |
85.05.160 | Transcript of benefits to auditor—Assessments—Collection. | Upon the entry of the judgment upon the verdict of the jury, the clerk of said court shall immediately prepare a transcript, which shall contain a list of the names of all the persons and corporations benefited by said improvement and the amount of benefit derived by each, respectively, and shall duly certify the same,... |
85.05.170 | Tax to pay cost on dismissal. | In the event of the dismissal of said proceedings and the rendition of judgment against said district, as hereinbefore provided, said diking commissioners shall levy a tax upon all of the real estate within said district, taking as a basis the last equalized assessment of said real estate for state and county purposes,... |
85.05.180 | Construction—Contractors—Performance bonds. | After the filing of said certificate said commissioners of such diking district shall proceed at once in the construction of said improvements, and in carrying on said construction or any extension thereof they shall have full charge and management thereof, and shall have the power to employ such assistance as they may... |
85.05.190 | Substantial changes in plans—Procedure. | The work on said improvement shall begin without delay, and shall be carried on with all expedition possible, and said board of commissioners of said diking district, or any contractor thereunder, shall have no power whatever to change the location of the dikes or the system of improvement or the manner of doing the wo... |
85.05.200 | Payments on contracts—Retained percentage. | During the construction of said improvement said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no allowance or payment shall be made for said work to any contractor or subcontractor to exceed seventy-fiv... |
85.05.210 | Private dikes, how connected—Additional plans—Costs. | In case any diking district organized under the provisions of this act desires to connect its system of dikes with the system of dikes of any other district theretofore organized or constructed, said last mentioned diking district shall be made a party defendant in the proceedings in the superior court for the establis... |
85.05.220 | Connecting with other diking systems. | In case it shall be found necessary to enlarge or strengthen the system of dikes sought to be connected with, by reason of such connection, the jury shall determine the cost of such enlarging or strengthening, and said petitioner district shall have the right, by and through its representatives, assistants and employee... |
85.05.230 | Action by district to prevent washing away of stream banks. | Where any diking system is sought to be constructed by any district organized under the provisions of this act along any river or watercourse to prevent overflow therefrom, and it shall become necessary to provide against the washing away of the banks of said river or watercourse so as to prevent injury to such propose... |
85.05.240 | Action by district to prevent washing away of stream banks—Expenses for appropriation of land. | Whenever any land is appropriated along the bank of any river or watercourse, as provided for in the last preceding section, the expenses of such appropriation, including the costs and damages to be paid therefor — when such appropriation is taken subsequently to the construction of any system of dikes under the provis... |
85.05.250 | Dikes along public road. | In the construction of any diking system under the provisions of this act, where it is desired to construct the same along the right-of-way of any public road which has theretofore been legally established, said district shall have a right to construct its dikes along such road: PROVIDED, That the dikes so constructed ... |
85.05.260 | Incorporated town may act as or be included in diking district. | Any town or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a diking district under the provisions of this act, or the whole or any portion of any such town or city may be included with other territory in a common district under the provisions for the establishment there... |
85.05.270 | Estimate for maintenance and repair—Emergency expenditures. | On or before the first day of November of each year the diking commissioners shall, and on or before the first Monday in October of each year the drainage commissioners shall, make and certify to the county auditor an estimate of the cost of maintenance and repair of the improvement for the ensuing year. The amount the... |
85.05.280 | Organization of board—Warrants, how issued. | The board of commissioners of such district shall elect one of their number chair and shall either elect one of their number, or appoint a voter of the district, as secretary, who shall keep minutes of all the district's proceedings. The board of commissioners may issue warrants of such district in payment of all claim... |
85.05.355 | Special assessment bonds. | Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 s 23 .]
Severability — 1986 c 278: See note following RCW 36.01.010 . |
85.05.360 | Warrants—When and how paid. | All warrants issued under the provisions of this chapter shall be presented by the owners thereof to the county treasurer in accordance with chapter 36.29 RCW.
[ 1991 c 245 s 36 ; 1986 c 278 s 29 ; 1895 c 117 s 36 ; RRS s 4286. Formerly RCW 85.04.170 , part.]
Severability — 1986 c 278: See note following RCW 36.01.010 ... |
85.05.365 | Certificates of delinquency—Foreclosure—Sale—Use of proceeds. | Whenever any diking district assessments levied under this act shall remain unpaid for a period of four years from the date when such assessment becomes due and payable, the diking district, which levied said assessment or assessments is hereby empowered and authorized, through its board of commissioners, to make appli... |
85.05.366 | Funds to purchase delinquent certificates. | For the purpose of raising funds to purchase certificates of delinquency each diking district is authorized to levy an annual assessment upon the acreage contained within the diking district at the same time and in the same manner as other assessments of the district are levied; and for the purpose of raising funds to ... |
85.05.367 | Lands owned by district exempt from taxation. | Any and all lands purchased and acquired by the diking district through foreclosure of delinquent assessment certificates shall, so long as owned by, or until sold by, such diking district, be exempt from general state and county taxes.
[ 1929 c 111 s 3 ; RRS s 4286-3. Formerly RCW 85.04.510 , part.] |
85.05.370 | Trial—Findings and forms of verdict. | Upon the trial of any questions of issue by a jury under the provisions of this act, the trial court may, in its discretion, submit all questions to be found by the jury in the form of separate findings, or may submit to such jury separate forms of verdict on all such questions to be found by the jury therein.
[ 1895 c... |
85.05.380 | Public lands subject to assessment—Rights and liabilities of public corporations. | All state, county, school district or other lands belonging to other public corporations requiring to be diked as a protection from overflow shall be subjected to the provisions of this act, and such corporations, by and through the proper authorities, shall be made parties in all proceedings therein affecting said lan... |
85.05.390 | Assessments on public lands—How paid. | In case lands belonging to the state, county, school district or other public corporations are benefited by any improvement instituted under the provisions of this chapter, all benefits shall be assessed against such lands, and the same shall be paid by the proper authorities of such public corporations at the times an... |
85.05.400 | Fees for service of process. | Fees for service of all process necessary to be served under the provisions of this act shall be the same as for like services in other civil cases, or as is or may be provided by law.
[ 1895 c 117 s 40 ; RRS s 4290. Formerly RCW 85.04.200 , part.] |
85.05.410 | Commissioners—Compensation and expenses. | Members of the board of diking commissioners of any diking district in this state may receive as compensation the sum of up to ninety dollars for actual attendance at official meetings of the district and for each day or part thereof, or in performance of other official services or duties on behalf of the district and ... |
85.05.420 | Powers of court—Injunctions. | The court may compel the performance of the duties imposed by this act and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose.
[ 1895 c 117 s 42 ; RRS s 4292.] |
85.05.430 | Sale of unneeded property—Authorized. | Whenever, in the judgment of a board of commissioners of any diking district heretofore or hereafter organized, real or personal property, or any part thereof, owned by said district, is no longer of use to or needed by such district, or if personal property has become obsolete, the same may be sold by the board of com... |
85.05.440 | Sale of unneeded property—Resolution of intention—Notice of hearing—Publication and posting. | Whenever in the judgment of the commissioners of any diking district, it is advisable so to sell real or personal property, the board of commissioners of such district shall pass a resolution declaring its intention to make such sale, describing the property to be sold and stating the terms of such sale. The resolution... |
85.05.450 | Sale of unneeded property—Protests—Resolution of final action—Conveyance. | At the time set for hearing, or at any time to which said hearing may be adjourned, any district elector within such district may appear and file a written protest against the proposed action of the board, which protest shall state clearly the basis thereof. At such hearing, which shall be public, the board shall give ... |
85.05.460 | Sale of unneeded property—Conveyance delayed if protests filed—Appeal. | If protests be filed against such sale, such conveyance shall not be executed or delivered until more than ten days elapse from the date of the hearing at which the resolution directing the sale, was passed. If appeal be taken by a protestant from the action of the board, such conveyance shall not be executed until ter... |
85.05.470 | Sale of unneeded property—Direct action in superior court by protestant on final order. | Any protestant who filed a protest prior to the final order of the board, may appeal from such final order, but to do so must within ten days from the date said order was entered, bring direct action in the superior court in the county wherein such district or portion thereof is situated, against such board of commissi... |
85.05.490 | Levy for preliminary expenses. | Whenever the board of county commissioners have passed a resolution establishing a diking district and prior to the commencement or the completion of the work of such improvement, the county commissioners may, and at the request of the diking commission shall, at the time of levying taxes each year until the improvemen... |
85.05.500 | Levy for preliminary expenses—Preliminary expenses defined. | Preliminary expenses shall mean all of the expenses incurred in the proceedings for the organization of said district and in other ways to be incurred prior to the beginning of actual construction of the improvement and shall be paid from the fund hereby created from time to time upon call of the treasurer.
[ 1933 c 39... |
85.05.540 | Plat of reclaimed land—Benefits to be determined and paid. | Where tide or other unsurveyed lands are reclaimed by a diking district and the owner of said lands shall desire to plat the same into lots, tracts or subdivisions, such plat shall specify and acknowledge the total benefits then a charge against each lot, tract or subdivision in said plat. Before a plat shall be approv... |
85.05.550 | Plat of reclaimed land—Construction, application of RCW85.05.510through85.05.550. | Nothing in RCW 85.05.510 through 85.05.550 shall be construed as repealing or modifying any act or statute now in force pertaining to diking districts, but the rights and remedies hereby granted shall be deemed cumulative as to the districts to which RCW 85.05.510 through 85.05.550 is limited. RCW 85.05.510 through 85.... |
85.05.605 | Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. | Diking districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW.
[ 1986 c 278 s 11 .]
Severability — 1986 c 278: See note following RCW 36.01.010 . |
85.05.610 | Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress. | Notwithstanding the provisions of *RCW 85.05.020 , any diking or drainage district or diking and drainage district organized pursuant to chapter 85.05 RCW as now or hereafter amended, may annex and assume, or such district may be organized for the purpose of assuming, and may take over, maintain, operate and extend any... |
85.05.620 | Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Indian trust lands and restricted lands may be included, when. | Any district organized pursuant to RCW 85.05.610 or pursuant to any other provisions of chapter 85.05 RCW as now or hereafter amended may include any Indian trust lands and restricted lands whenever the congress of the United States (1) authorizes the inclusion of such lands in such district and (2) provides authority ... |
85.05.630 | Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Vesting of right, title and interest to dikes and land. | Whenever the congress of the United States provides for the transfer of all right, title and interest to any dikes and to the lands upon which they are situated to any state or local nonfederal agency, the title to such land and to the dikes shall pass to the county wherein the dikes are situated for the use and benefi... |
85.05.640 | Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Definitions. | For purposes of RCW 85.05.610 through 85.05.650 : (1) The word "owner" as it appears in chapter 85.05 RCW shall include the owner of any undivided interest in any tract of land within the district boundaries, whether Indian trust land or restricted land, or non-Indian land; (2) The "acreage" owned by any owner in any u... |
85.05.650 | Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Ratification and confirmation of prior acts. | The acts and resolutions of all boards of county commissioners heretofore authorizing the organization and operation of any diking and drainage districts, following any provisions of chapter 85.05 RCW, and the acts and resolutions of all diking and drainage districts heretofore organized following acts of congress perm... |
85.06.010 | Districts authorized—Powers—Management. | Any portion of a county, requiring drainage, which contains five or more inhabitants and freeholders therein may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power herein conferred or that may hereafter be c... |
85.06.015 | Certain powers and rights governed by chapter85.38RCW. | Drainage districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW.
[ 1985 c 396 s 32 .] |
85.06.070 | Eminent domain powers—Purchase of real property authorized. | All drainage districts organized or that may hereafter be organized under the provisions of this chapter or the acts amendatory thereof shall have the right of eminent domain, with the power by and through its board of commissioners, to cause to be condemned and appropriated private property for the use of said corpora... |
85.06.080 | Commissioners—Powers and duties. | The board of drainage commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The board shall have exclusive charge of the construction and maintenance of all drainage systems which may be construc... |
85.06.090 | Petition for improvement—Contents. | Whenever it is desired to prosecute the construction of a system of drainage by said drainage district, said district, by and through its board of commissioners, shall file a petition in the superior court of the county in which said district is located, setting forth therein the route and termini of said system, with ... |
85.06.100 | Petition for improvement—Employment of assistants—Compensation as costs in suit. | In the preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the matter to the superior court, the board of commissioners of said drainage district may employ one or more good and competent surveyors and drafters to assist them in compiling data required to ... |
85.06.110 | Summons—Contents—Service. | A summons stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be appropriated, and those which it is claimed to be benefited by the improvement, and stating the court wherein the petition is filed, the date of the filing thereof and when the ... |
85.06.120 | Appearance of defendants—Jury—Verdict—Assessment of damages and benefits—Decree. | Any or all of said defendants may appear jointly or separately and admit or deny the allegations of said petition and plead any affirmative matter in defense thereof 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 satisfac... |
85.06.125 | Special assessments—Budgets—Alternative methods. | RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which drainage districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which drainage districts created after July 28... |
85.06.130 | Assessment of benefited lands formerly omitted—Procedure—Appeals. | If at any time it shall appear to the board of drainage commissioners that any lands within or without said district as originally established are being benefited by the drainage system of said district and that said lands are not being assessed for the benefits received, or if after the construction of any drainage sy... |
85.06.140 | Dismissal of proceedings, when—Costs. | In case the damages or amount of compensation for such right-of-way, together with the estimated costs of the improvement, amount to more than the maximum amount of benefits which will be derived from said improvement, or, if said improvement is not practicable, or will not be conducive to the public health, welfare an... |
85.06.150 | Procedure to claim awards. | Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this chapter, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he or she is entitled to the same, the court shall make an order directing the payment to such claimant of t... |
85.06.160 | Transcript of benefits to auditor—Assessments—Collection—Supplemental assessment. | Upon the entry of the judgment upon the verdict of the jury, the clerk of said court shall immediately prepare a transcript, which shall contain a list of the names of all the persons and corporations benefited by said improvement and the amount of benefit derived by each, respectively, and shall duly certify the same,... |
85.06.180 | Construction—Contractors—Performance bonds. | After the filing of said certificate said commissioners of such drainage district shall proceed at once in the construction of said improvement, and in carrying on said construction or any extensions thereof they shall have full charge and management thereof, and shall have the power to employ such assistance as they m... |
85.06.190 | Substantial changes in plans—Procedure. | The work on said improvement shall begin and shall be completed with all expedition possible, and said board of commissioners of such drainage district, or any contractor thereunder, shall have no power whatever to change said route or system of improvement or the manner of doing the work therein so as to make any radi... |
85.06.200 | Payments on contracts—Retained percentage. | During the construction of said improvement said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no allowance or payment shall be made for said work to any contractor or subcontractor to exceed seventy-fiv... |
85.06.210 | Connecting private drains—Procedure—Costs. | Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any persons or corporations shall desire to drain such lands into said system and shall find it necessary, in order to do so, to procu... |
85.06.220 | Connecting with lower districts—Procedure. | In case of the establishment of a drainage district and system of drainage under the provisions of this chapter above any other district that may have theretofore been established and above any other system of drainage that may have theretofore been constructed in said district, and in case said district to be establis... |
85.06.230 | City or town may act as or be included in drainage district. | Any town or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a drainage district under the provisions of this chapter, or the whole or any portion of any such town or city may be included with other territory in a common district under the provisions for the establishment... |
85.06.240 | Estimate for maintenance and repair—Emergency expenditures. | See RCW 85.05.270 . |
85.06.250 | Organization of board—Warrants, how issued. | The board of commissioners of such district shall elect one of their number chair and shall either elect one of their number, or appoint a voter of the district, as secretary, who shall keep minutes of all the district's proceedings. The board of commissioners may issue warrants of such district in payment of all claim... |
85.06.255 | Special assessment bonds. | Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 s 24 .]
Severability — 1986 c 278: See note following RCW 36.01.010 . |
85.06.330 | Warrants presented for indorsement—When and how paid. | All warrants issued under the provisions of this chapter shall be presented by the owners thereof to the county treasurer, who shall indorse thereon the day of presentation for payment, with the additional indorsement thereon, in case of nonpayment, that they are not paid for want of funds; and no warrant shall draw in... |
85.06.340 | Trial—Findings and forms of verdict. | Upon the trial of any questions of issue by a jury under the provisions of this chapter the trial court may, in its discretion, submit all questions to be found by the jury in the form of separate findings, or may submit to such jury separate forms of verdict on all such questions to be found by the jury therein.
[ 189... |
85.06.350 | Public lands subject to assessment—Rights and liabilities of public corporations. | All state, county, school district or other lands belonging to other public corporations requiring drainage shall be subject to the provisions of this chapter, and such corporations, by and through the proper authorities, shall be made parties in all proceedings herein affecting said lands, and shall have the same righ... |
85.06.360 | Assessments on public lands—How paid. | In case lands belonging to the state, county, school district or other public corporations are benefited by any improvement instituted under the provisions of this chapter, all benefits shall be assessed against such lands, and the same shall be paid by the proper authorities of such public corporation at the times and... |
85.06.370 | Fees for service of process. | Fees for service of all process necessary to be served under the provisions of this chapter shall be the same as for like services in other civil cases, or as is or may be provided by law.
[ 1895 c 115 s 37 ; RRS s 4337. Formerly RCW 85.04.200 , part.] |
85.06.380 | Commissioners—Compensation and expenses. | In performing their duties under the provisions of this title the board and members of the board of drainage commissioners may receive as compensation up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the district, or in performance of other official services or duties o... |
85.06.390 | Improvement of watercourses—Preservation of vested rights. | The whole or any portion of any natural watercourse, the whole or any portion of which lies within any district established under this chapter, or the whole or any portion of any ditch or drainage system already constructed or partially constructed prior to the passage of this chapter, may be improved and completed as ... |
85.06.400 | Powers of court—Injunctions. | The superior court may compel the performance of the duties imposed by this chapter, and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose.
[ 1895 c 115 s 40 ; RRS s 4340. Formerly RCW 85.04.755 .] |
85.06.500 | Extension or enlargement of system. | Whenever it shall appear to the board of commissioners of any drainage district now organized or that may be hereafter organized under the laws of the state of Washington, that existing drainage systems or improvements are inadequate or insufficient to properly drain the lands within said district or any portion or por... |
85.06.545 | Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. | Drainage districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW.
[ 1986 c 278 s 12 .]
Severability — 1986 c 278: See note following RCW 36.01.010 . |
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