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85.15.080 | Roll and proceedings conclusive—Remedies. | Wherever any roll shall have been adopted by the board of county commissioners, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties, and it cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objectio... |
85.15.090 | Review by superior court—How taken. | The decision of the board of county commissioners upon any objection made within the time and in the manner prescribed may be reviewed by the superior court of the county wherein the property in question is located, upon appeal thereto taken in the following manner: Any person aggrieved must file his or her petition fo... |
85.15.100 | Review by superior court—Transcript—Contents—Filing. | Within ten days from the filing of such petition for review, the county treasurer, unless the court shall grant additional time, shall file with the clerk of the superior court its certified transcript containing such portion of the roll as is subject to review, any written objections thereto filed with the board by th... |
85.15.110 | Review by superior court—Filing fees—Bond—Priority of cause. | The county clerk shall charge the same filing fees for petitions for review as in civil actions. At the time of the filing of such a petition with the clerk, the appellant shall execute and file a bond in the penal sum of two hundred dollars, with at least two sureties, to be approved by the judge of the court, conditi... |
85.15.120 | Review by superior court—Scope—Judgment. | At the trial the court shall determine whether the board of county commissioners has acted within its discretion and has correctly construed and applied the law. If it finds that it has, the finding of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of the court may change, confirm... |
85.15.130 | Appellate review. | Appellate review may be sought as in other civil cases: PROVIDED, That review must be sought within fifteen days after the date of entry of the judgment of the superior court. The supreme court or the court of appeals may change, conform, correct, or modify the values of the property in question as shown upon the roll.... |
85.15.140 | Levy is for continuous benefits to protected property. | The dollar rate levies collected from time to time under this chapter are solely assessments for benefits received continuously by the protected properties, calculated in the manner specified in this chapter as a just and equitable way for all protected property to share the expense of such required protection and serv... |
85.15.150 | Annual estimate of costs—Levy added to general taxes—Delinquencies—Disposition of revenue. | The board of any improvement district proceeding under this chapter shall, on or before the first day of September of each year, make an estimate of the costs reasonably anticipated to be required for the effective functioning of the district during the ensuing year and until further revenue therefor can be made availa... |
85.15.160 | Emergency expenditures—Warrants. | In the case of an emergency or disaster occurring after the time of making the annual estimate of costs, declared to be such by resolution of the board, the board of the district may incur additional obligations and issue valid warrants therefor in excess of such estimate, in the manner provided by law for issuance of ... |
85.15.170 | Concurrent use of other methods of raising revenue. | Any diking, drainage, or sewerage improvement district operating under this chapter shall not use concurrently the processes provided for raising revenue for maintenance purposes under any other law: PROVIDED, That any other method of raising such revenue provided by law may be used concurrently for the sole purpose of... |
85.16.010 | Definitions. | As used in this chapter: (1) "Appraisers" means the board of appraisers; (2) "Supervisors" means the district board of supervisors; (3) "Board" means the board of county commissioners; (4) "Auditor" means the county auditor; (5) "Treasurer" means the county treasurer; and (6) "Maintenance", "maintenance of the system o... |
85.16.020 | Maintenance estimate and levy. | On or before the first Monday in September in each year the supervisors of each diking, drainage or sewerage improvement district shall make and file with the board of the county containing such district, a statement and estimate in writing of the amount required for the maintenance of the system of improvements of sai... |
85.16.030 | Excess expenditures. | In maintaining a system of improvements of any such district the supervisors thereof may at any time, with the approval of the county legislative authority and upon determination by such county legislative authority that an emergency exists, make expenditures in excess of the last annual maintenance assessments thereto... |
85.16.060 | Determination of special benefits—Hearing. | At any time and from time to time, after completion of the original construction of any such district's system of improvements or after the completion of any alteration, reduction, enlargement, addition to, or other improvement of the system not constituting maintenance, as herein defined, the board may upon their own ... |
85.16.070 | Notice of hearing. | Notice of the hearing shall be given by publication in the official county newspaper and in such other newspaper published in or near the district as the county legislative authority may in its discretion direct, once a week for two consecutive weeks, the last publication of which shall be not less than seven nor more ... |
85.16.080 | Appraisal of special benefits. | At or within two weeks of the time of fixing the date for such hearing the board shall appoint three qualified appraisers, at least one of whom shall be a resident of the county in which said district is situated, who shall qualify as provided in RCW 85.08.360 . Thereupon said appraisers shall proceed immediately to ca... |
85.16.090 | Factors to be considered in making appraisal—Report and schedule. | The appraisers shall carefully consider and take into account all factors, situations and conditions which lawfully may be taken into consideration as bearing upon and determining such benefits and to that end may make such investigations, hold such hearings, and receive such evidence as they may deem proper and shall ... |
85.16.110 | Separate appraisals and schedules for diking and drainage benefits. | In a district which functions both as a diking and a drainage improvement district, the appraisers, if so directed in the order of the board appointing them, shall determine separately, in accordance with RCW 85.16.060 and 85.16.080 , the special benefits accruing to the various properties within the district from the ... |
85.16.115 | Determining special benefit to portion of lot, tract, or parcel. | When any person applies to the county treasurer to pay the diking, drainage or sewerage improvement district assessments upon a portion of a lot, tract or parcel upon which special benefits have been confirmed, the county treasurer shall refer such matter to the county engineer for investigation. The county engineer sh... |
85.16.120 | Apportionment of levy for extraordinary expenditures—Appraisal and hearing. | Whenever the board shall provide that a levy to meet extraordinary maintenance expenditures shall be spread over a term of years and warrants or bonds issued as provided in RCW 85.16.030 , said board shall fix a date for and hold a hearing and appoint appraisers as provided in RCW 85.16.060 and 85.16.080 . Said apprais... |
85.16.130 | Conduct of hearing on appraisers' report—Correction, etc., of schedules. | At the hearing upon the report of the appraisers, which may be adjourned from time to time until finally completed, the board shall carefully examine and consider the special benefits and the apportionment of estimated costs determined by the appraisers and reported in the schedule or schedules, and any objections ther... |
85.16.150 | Approval of schedules—Separate funds for diking, drainage systems. | When the board shall have determined that the schedule or schedules of benefits and/or apportionment of costs as filed or as changed and modified by it are fair, just and equitable and, if estimated costs have been apportioned, that said benefits equal or exceed said costs apportioned, the members of the board approvin... |
85.16.160 | Roll of benefits—Benefits to be basis of levies. | Upon the approval and final determination of benefits the auditor shall immediately prepare a completed roll thereof, which shall contain a copy of the order of the board approving and confirming said benefits as finally determined, and shall deliver said roll to the treasurer. Said benefits shall be the basis for the ... |
85.16.170 | Levy for extraordinary expenditures—Roll. | Upon the approval and final determination of the apportionment of estimated costs of extraordinary maintenance expenditures as provided in RCW 85.16.120 and 85.16.130 , the board shall levy the amounts so apportioned against all the properties benefited and the amounts assessed against the state, county, cities and tow... |
85.16.180 | Authorizing extraordinary work—Temporary construction warrants. | The county legislative authority shall thereupon enter an order authorizing the contemplated extraordinary maintenance work to be done and authorizing the issuance of temporary construction warrants to pay the cost of said work as it progresses, which warrants may bear interest at such rate or rates of interest as the ... |
85.16.190 | Judicial review—Regularity, validity of proceedings. | The decision of the board upon any objections to the determination of benefits and/or apportionment of costs and/or the levy of the assessments therefor, made within the time and in the manner prescribed in RCW 85.16.130 , may be reviewed by the superior court of the county in which the district is situated and thereaf... |
85.16.200 | Redetermination of special benefits—Hearing. | Whenever, after the determination of special benefits accruing from the maintenance of the district's system of improvements, it appears to the board from a petition filed by the affected property owner or owners or otherwise, that by reason of permanent improvements or additions made, removed, abandoned or destroyed b... |
85.16.210 | Conduct of hearing on special benefits—Modification of schedules—Judicial review. | At such hearing, which may be adjourned from time to time as may be necessary to give all persons interested or affected a reasonable opportunity to be heard, and after consideration of all evidence offered and all factors, situations, and conditions bearing upon or determinative of the benefits accruing and to accrue ... |
85.16.220 | Other provisions shall apply—Exceptions. | The provisions of *RCW 85.08.280 , 85.08.310 , 85.08.320 , 85.08.420 , 85.08.430 , and 85.08.480 through 85.08.520 , shall be deemed and hereby are made a part of this chapter insofar as they may be applicable hereto, except that the unpaid assessments or installments thereof, which may have been levied for extraordina... |
85.16.230 | Erroneous assessment—Correction. | Whenever any payer of a diking, drainage, or sewerage improvement district maintenance assessment believes that, through obvious error in name, number, description, amount of benefit valuation, double assessment, or extension, or other obvious error, property on which he or she has paid an assessment has been erroneous... |
85.18.005 | Declaration of purpose. | The state declares that it has an interest in protecting and preserving productive land and buildings needed to make business function continuously. Where organized diking districts, through their improvements, have reclaimed land or protected it from overflow and have enabled erection of improvements thereon or have f... |
85.18.010 | Levy for continuous benefits authorized—Base benefits. | When any diking district has been organized and the improvements made afford protection to land and buildings within such district against damage or destruction from overflow waters in that the level of the land and of the foundational structures of buildings thereon is below the water level at flood or high tide stage... |
85.18.020 | Roll of protected property. | To operate under this chapter, the board shall cause to be prepared and filed with it a roll containing descriptions of the land and buildings thereon within the district to which its improvements furnish the nature of protection set forth in RCW 85.18.010 . The roll shall show descriptions of the land and the name of ... |
85.18.030 | Hearing on roll—Determining continuous base benefit. | After the roll is prepared the board shall give notice of a time and place at which the board will hold a public hearing to determine whether the facts and conditions heretofore recited in this chapter as a prerequisite to its application do or do not exist, and if so found to exist by said board at said hearing, then ... |
85.18.040 | Notice of hearing. | The notice of the time and place of hearing shall be given to any owner, or reputed owner, of the property which is listed on the roll as aforesaid, by mailing a copy thereof at least thirty days before the date fixed for the hearing to the owner or owners at his or her or their address as shown on the tax rolls of the... |
85.18.050 | Procedure on hearing—Objections. | At said hearing, or adjournments thereof, the board shall review said roll and determine the continuous base benefits to land and buildings furnished continuous protection by the improvement system of the district; hear objections to the adoption of said roll; correct, revise, change, modify or set aside such roll, or ... |
85.18.060 | Additional roll as to particular property—Procedure. | The board shall, from time to time, examine the properties within said district, and if it finds that any protected land or buildings thereon have been omitted from the existing roll, or new buildings have been added to lands, or the condition of land or buildings has changed, and in the initial judgment of the board s... |
85.18.070 | Roll to be certified and filed. | When any roll or additional or supplemental roll be adopted by the board of commissioners, the same shall be certified to, and filed with, the auditor of the county wherein the property contained on said roll is situated, and shall supplement said original roll.
[ 1951 c 45 s 8 .] |
85.18.080 | Roll to provide basis for levy. | Until further modified, amended, or changed by an additional or supplemental roll certified to the county auditor after the foregoing procedure is had, the original roll, as modified or supplemented, if the same is done, shall serve as the base of benefits to the land and buildings protected by the improvement system o... |
85.18.090 | Roll and proceedings conclusive—Exceptions—Right to injunction. | Whenever any roll shall have been adopted by the board of commissioners, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties, and it cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to s... |
85.18.100 | Review by superior court—How taken. | The decision of the board of commissioners upon any objection made within the time and in the manner prescribed may be reviewed by the superior court of the county wherein the property in question is located, upon appeal thereto taken in the following manner: Any person aggrieved must file his or her petition for writ ... |
85.18.110 | Review by superior court—Transcript—Contents—Filing. | Within ten days from the filing of such petition for review, the commission, unless the court shall grant additional time, shall file with the clerk of such court its certified transcript containing such portion of the roll as is subject to review, any written objections thereto filed with the board by the person revie... |
85.18.120 | Review by superior court—Filing fee—Bond—Priority of cause. | The county clerk shall charge the same filing fees for petitions for review as in civil actions. At the time of the filing of such petition with the clerk, the appellant shall execute and file a bond in the penal sum of two hundred dollars, with at least two sureties, to be approved by the judge of said court, conditio... |
85.18.130 | Review by superior court—Scope—Judgment. | At the trial the court shall determine whether the board has acted within its discretion and has correctly construed and applied the law. If it finds that it has, the finding of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of the court may change, confirm, correct, or modify the... |
85.18.140 | Appellate review. | Appellate review may be sought as in other civil cases: PROVIDED, HOWEVER, That review must be sought within fifteen days after the date of entry of the judgment of the superior court. The supreme court or the court of appeals, on such appeal, may change, confirm, correct or modify the values of the property in questio... |
85.18.150 | Levy is for continuous benefits only. | The dollar rate levy returns collected from time to time under this chapter are solely assessments for benefits received continuously by the protected properties, calculated in the manner specified in this chapter as a just and equitable way for all protected property to share the expense of such required protection.
[... |
85.18.160 | Annual estimate of costs—Levy as part of general taxes. | The board of commissioners of any diking district proceeding under this chapter shall, on or before the first day of November of each year, make an estimate of the costs reasonably anticipated to be required for the effective functioning of such district during the ensuing year and until further revenue therefor can be... |
85.18.170 | Emergency expenditures—Warrants. | In the case of an emergency or disaster not in contemplation at the time of making the annual estimate of costs, declared to be such by resolution of such board, the diking commissioners may incur additional obligations and issue valid warrants therefor in excess of such estimate, in the manner provided by law for issu... |
85.18.180 | Levy is exclusive method for raising revenue—Exception. | Any diking district operating under this chapter shall not use the processes provided for raising revenue under any other law: PROVIDED, That any such other method of raising revenue provided by law may be used concurrently for the sole purpose of extinguishing indebtedness incurred before the district adopts the proce... |
85.20.010 | Reorganization authorized. | Any drainage district or diking district organized under the provisions of chapter 115 or chapter 117 of the Laws of 1895, and the acts amendatory thereof, may be reorganized as a drainage improvement district or a diking improvement district, upon proceedings had in accordance with the provisions of this chapter.
[ 19... |
85.20.020 | Petition to reorganize—Contents. | For the purpose of securing such reorganization, a petition shall be presented to the clerk of the board of county commissioners of the county in which such district is located, at a regular or special meeting of the board. The petition shall be signed by the board of commissioners of the district and shall state the n... |
85.20.030 | Elections—Notice—Publication—Costs. | Whenever a petition is presented as provided in RCW 85.20.020 , the county legislative authority shall order an election to be held to determine if the district shall be reorganized. The county legislative authority shall specify the election date which may or may not be at the normal special district general election.... |
85.20.050 | Reorganized district—Board—Indebtedness not affected. | The board of commissioners of the drainage or diking district shall constitute the board of supervisors of the reorganized district. From the entry of an order under RCW 85.20.030 reorganizing the district, such reorganized district, and its board of supervisors, shall have all the rights and powers of and be subject t... |
85.20.070 | Refunding bonds. | Whenever in any district reorganized under the provisions of this chapter any bonds issued prior to such reorganization shall become payable and the county legislative authority determines that it is in the interest of the property owners of the district to have refunding bonds issued, the county legislative authority ... |
85.20.120 | Sale and issuance of refunding bonds. | Upon the expiration of thirty days from the first publication of the notice given by the treasurer as provided herein, the county legislative authority of the county in which all or the major part of the district is located may issue and sell refunding bonds of the district subject to chapter 85.38 RCW.
[ 1986 c 278 s ... |
85.20.140 | Powers of board. | The board of county commissioners shall have all the powers possessed by the board of commissioners of any district reorganized under the provisions of this chapter prior to such reorganization, to levy assessments for the payment of the interest on any other bonds of the district not then payable and refunded under th... |
85.20.150 | Extensions to compensate for inadequate benefits—Payment. | Whenever in any district reorganized under the provisions of this chapter, extensions or additions are made to the system of improvements of the district to provide drainage or protection from overflow for lands previously found benefited and assessed for the construction of the original system of improvement which are... |
85.22.010 | Reorganization authorized. | Any diking district; drainage district; irrigation improvement district; intercounty diking and drainage district; diking, drainage, and/or sewerage improvement district; consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or flood control district may reo... |
85.22.020 | Petition to reorganize—Contents. | For the purpose of securing such reorganization, a petition shall be presented to the clerk of the board of county commissioners of the county in which such district is located, at a regular or special meeting of the board. The petition shall be signed by the board of commissioners of the district and shall state the n... |
85.22.030 | Elections—Notice—Publication—Costs. | Whenever a petition is presented as provided in RCW 85.22.020 , the county legislative authority shall order an election to be held to determine if the district shall be reorganized. The county legislative authority shall specify the election date which may or may not be the same as the regular special district general... |
85.22.050 | Reorganized district—Commissioners retained, powers—Effect of reorganization. | The commissioners of the old district shall become the supervisors of the reorganized district and shall have all the rights and powers and be subject to all laws applicable to a diking or drainage improvement district. The supervisors shall also have the power of using such drainage ditches and equipment in the distri... |
85.22.060 | Refunding bonds. | Whenever in any district reorganized under the provisions of this chapter any bonds issued prior to such reorganization shall become payable and the county legislative authority determines that it is in the interest of the property owners of the district to have refunding bonds issued, the county legislative authority ... |
85.22.130 | Powers of board. | The board of county commissioners shall have all the powers possessed by the board of commissioners of any district reorganized under the provisions of this chapter prior to such reorganization, to levy assessments for the payment of the interest on any other bonds of the district not then payable and refunded under th... |
85.22.140 | Extensions to compensate for inadequate benefits—Payment. | Whenever in any district reorganized under the provisions of this chapter, extensions or additions are made to the system of improvements of the district to provide drainage or protection from overflow for lands previously found benefited and assessed for the construction of the original system of improvement which are... |
85.24.010 | Districts authorized—Powers—Designation. | Whenever a portion of two or more counties require diking, drainage, or the erection of flood dams or drift barriers to prevent inundations, such portion of two or more counties may be organized into a district; and the board of commissioners, hereinafter provided for, shall have and possess the powers herein conferred... |
85.24.015 | Certain powers and rights governed by chapter85.38RCW. | Intercounty diking and 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 34 .] |
85.24.025 | Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation. | Intercounty diking and drainage improvement 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 14 .]
Severability — 1986 c 278: See note following RCW 36.01.010 . |
85.24.065 | Special assessments—Budgets—Alternative methods. | RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which intercounty diking and 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 intercounty dikin... |
85.24.070 | Board of commissioners—Oath, bond—Plan of improvement—Levy of assessment, procedure. | A three-member board of commissioners shall be the governing body of an intercounty diking and drainage district. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The members of such board, before entering upon their duties, shall take and subscribe ... |
85.24.071 | Board of commissioners—Power to conduct business, make contracts, etc. | The commissioners herein provided for and their successors in office, shall from the time of their election and qualifications aforesaid, have the power, and it shall be their duty, to manage and conduct the business affairs of the district, making and executing all necessary contracts, appoint such agents and employee... |
85.24.073 | Board of commissioners—Construction and maintenance powers. | Said board of commissioners herein provided for shall have the exclusive charge of the construction and maintenance of all dikes and drainage systems which may be constructed within the said district, and shall be the executive officers thereof, with full power to bind said district by their acts in the performance of ... |
85.24.075 | Board of commissioners—Duties of board officers—Quorum. | The chair of the board shall preside at all meetings and shall have the right to vote upon all questions the same as other members, and shall perform such duties in addition to those in this chapter prescribed as may be fixed by the board. The secretary of the board shall perform the duties in this chapter prescribed, ... |
85.24.077 | Board of commissioners—Power to adjourn proceedings. | The board of commissioners shall have power to adjourn any and all proceedings before them from time to time.
[ 1909 c 225 s 28 ; RRS s 4388. Formerly RCW 85.24.070 , part.] |
85.24.079 | Board of commissioners—Rules and regulations. | The board shall have power and authority to make rules and regulations for the purpose of carrying into effect any of the provisions of this chapter.
[ 1909 c 225 s 32 ; RRS s 4392. Formerly RCW 85.24.070 , part.] |
85.24.080 | Board of commissioners—Compensation and expenses. | The members of the board 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 on behalf of the district: PROVIDED, That such compensation shall not exceed eight thousand six hun... |
85.24.130 | Objections to assessment—Procedure. | Any person interested in any real estate affected by said assessment may, within the time fixed, appear and file objections. As to all parcels, lots, or blocks as to which no objections are filed, within the time as aforesaid, the assessment thereon shall be confirmed and shall be final. On the hearing, each person may... |
85.24.140 | Judicial review. | Any person who feels aggrieved by the final assessment made against any lot, block, or parcel of land owned by him or her, may appeal therefrom to the superior court of the county in which the land is situated. Such appeal shall be taken within the time and substantially in the manner prescribed by the laws of this sta... |
85.24.150 | Lien of assessments—Notice and collection. | The final assessment shall be a lien paramount to all other liens except liens for taxes and other special assessments upon the property assessed, from the time the assessment roll shall have been finally approved by the board, and placed in the hands of the county treasurers as collectors. After the roll shall have be... |
85.24.160 | Payment of assessment without interest. | The owner of any lot or parcel of land charged with any assessment, as hereinbefore provided, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to him or her of such assessment, as herein ... |
85.24.170 | District treasurer—Collection, remittance and disbursement of assessments. | The treasurer of each county shall collect the taxes levied and assessed hereunder upon all that portion of the property situated within the county for which the treasurer is acting. The treasurer of the county in which the smaller or minor portion of the taxes are to be collected shall forward the amount collected by ... |
85.24.180 | Sale of property for delinquency—Procedure—Purchaser's interest. | If any of the installment of taxes are not paid as herein provided, the county treasurer shall sell all lots or parcels of land on which taxes have been levied and assessed, whether in the name of the designated owner or the name of an unknown owner, to satisfy all delinquent and unpaid assessments, interest, penalties... |
85.24.190 | Disposal by commissioners of lands not redeemed from sale—Use of proceeds. | The board of commissioners of the district shall have the power to sell, lease and dispose of any and all lands which may be acquired by it by virtue of deeds issued to it by the treasurer for lands not redeemed from sale, and the funds derived from any disposition of such land shall become the fund of the district to ... |
85.24.200 | Reassessments. | If because of a substantial reduction of the amount of the assessment upon any lands, the result would be to leave the amount of the assessment upon other lands insufficient, or if for any cause the assessment should be held invalid or become inoperative, then the board shall have power to make a reassessment of all la... |
85.24.220 | Segregation of assessments. | When a piece, lot, or tract of land has been assessed in one body, if the same is subsequently subdivided by the owner, or there should be purchasers of different portions of such tract, then the owner or purchaser may pay the taxes upon such piece or tract of land, paying the proportion which is proper upon such separ... |
85.24.235 | Special assessment bonds. | Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 s 26 .]
Severability — 1986 c 278: See note following RCW 36.01.010 . |
85.24.240 | Counties to contribute for benefits to roads, bridges, or health of people. | Whenever any highways, roads, or bridges are maintained by either county in which a diking and drainage district may be established, as herein provided, and it shall appear that the construction and maintenance of such diking and drainage system will be beneficial to such highways, roads, and bridges, or which will be ... |
85.24.250 | Municipality may contribute. | Whenever it appears to the council of any incorporated city or town not included or not wholly included within the limits of any diking or drainage district established hereunder, which incorporated city or town may be within a county in which a portion of such district is located that the construction and maintenance ... |
85.24.260 | Acquisition of property—Eminent domain. | The districts organized under the provisions of this chapter, and the commissioners appointed and qualified as such shall have the right of eminent domain with the power by and through the board of commissioners to condemn and cause to be condemned and appropriated private property for the use of said district in the c... |
85.24.261 | Eminent domain—Procedure. | In the exercise of the right of eminent domain, all proceedings shall be prosecuted by the board of commissioners for and on behalf of the district, or in the name of the district itself, and such proceedings shall be conducted in the superior court of the county in which the lands sought to be condemned are situated, ... |
85.24.263 | Eminent domain—Rights-of-way. | In the construction and maintenance of the improvements herein provided for, the said district may acquire by purchase or otherwise, and by the exercise of the right of eminent domain, any right-of-way through, over and across any property situated without said district which may be necessary or proper to the completio... |
85.24.265 | Eminent domain—Against public lands. | Any district created hereunder is hereby granted the right to exercise the power of eminent domain against any lands or other property belonging to the state of Washington or any municipality thereof, and such power of eminent domain shall be exercised under and by the same procedure as is now, or may hereafter be, pro... |
85.24.270 | Cities may be included in district. | Within the limits of said diking or drainage district may be included any incorporated city or town, or any part thereof.
[ 1909 c 225 s 14 ; RRS s 4374. FORMER PART OF SECTION: 1909 c 225 s 15, now codified as RCW 85.24.275 .] |
85.24.275 | Assessment of state lands. | Any of the state, school, or granted land within the district, shall also be assessed the same as other lands are assessed in proportion to the benefit, but any such lands shall not be sold for delinquencies, but the amount of the assessment shall be paid by the state at the time, in the manner, under the circumstances... |
85.24.280 | Improvement of streams—Scope of powers. | Any district so established as aforesaid through its board of commissioners shall have the right, power and authority to straighten, deepen and improve any and all rivers, watercourses, or streams, whether navigable or otherwise, flowing through or located within the boundaries of said diking or drainage district, when... |
85.24.285 | Improvement of streams—Streambeds are property of district—Disposition. | The board shall have power and authority to straighten, widen, deepen and improve any and all rivers, watercourses or streams, whether navigable or otherwise, flowing through or located within the boundaries of such district; and the beds of any streams or rivers which may be changed, shall become the property of the d... |
85.24.290 | Service of notices on agent of owner. | When any notice is required to be given to the owner under any of the provisions of this chapter, such notice shall be given to the agent instead of the owner, in case the owner prior to the giving of the notice required by the board or proper officer has filed with the board or proper officer the name of the agent wit... |
85.24.900 | Validation of existing districts—1923 c 140. | The organization, establishment and creation of all diking and drainage districts in this state situated in two or more counties heretofore had or made, or attempted to be had or made, pursuant to the provisions of chapter 4, Title XXVII of Remington's Compiled Statutes, relating to the creation and establishment of su... |
85.28.010 | Private parties authorized to establish ditches and drains. | The owner or owners of any land which requires drainage and which is so situated that it is necessary to the proper drainage of the same to construct ditches or drains across the lands of others, may obtain the location and establishment of such ditch or drain across such lands, in the manner provided in this chapter.
... |
85.28.020 | Petition to appropriate—Contents. | The person or persons desiring the location and establishment of such ditch or drain may file in the superior court of the county in which the lands sought to be appropriated are situated, a petition showing the name of the petitioner or petitioners; a description of the lands to be benefited, and of those over which t... |
85.28.030 | Cost bond by petitioner. | The petitioner, or someone in his or her behalf, shall enter into a bond in the penal sum of one hundred dollars, with two or more sureties, to be approved by the clerk of said court, payable to the state of Washington, conditioned that the petitioner or petitioners will pay all costs and expenses incurred in the proce... |
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