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90.94.900 | Effective date—2018 c 1. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [January 19, 2018].
[ 2018 c 1 s 307 .] |
91.08.010 | Public waterways authorized. | Whenever in any county of this state the owners of lands bordering upon or accessible to any navigable water shall desire to improve their said lands, hereinafter designated as the "district," by the construction of a new public waterway, or the deepening or enlargement of an existing public waterway, for the floatage ... |
91.08.020 | Accessible lands defined. | Lands shall be deemed accessible to such waterway when by reason of their nearness to the same their value will be materially increased by the construction or deepening or widening of such waterway.
[ 1911 c 23 s 2 ; RRS s 9778.] |
91.08.030 | Petition—By whom signed—Contents—Notice of filing—Discharge of proceedings. | The plan of such proposed waterway shall be presented to the board by a written petition of owners of lands which it is represented will be improved by the construction, deepening or widening of such waterway; and such petition shall be signed by the owners of thirty-five percent or more of the area of lands in the dis... |
91.08.060 | Cost bond filed with petition. | Said petitioners shall at the time of filing their petition with the board, file a bond executed by one or more of their number as principals, and in behalf of all, and by a surety corporation authorized to become surety upon public bonds in this state, which bond shall run to the state of Washington as obligee and be ... |
91.08.070 | Petition may be amended—Order for hearing—Notice—Record. | The petition, after the filing thereof, shall be taken up and considered by the county legislative authority at the next regular or special meeting thereof, or as soon thereafter as may be convenient, and if the petition be defective in any particular it may be amended and an adjournment of the matter may be had to per... |
91.08.080 | Hearing—Findings—Order. | At the time and place prescribed in the said notice any owner of land within said proposed improvement district may file with the board his or her written consent to the proposed improvement, and he or she shall then be considered as a petitioner; and if the owners of more than one half of the lands within the district... |
91.08.090 | Board's powers and duties—In general—County immune from expense. | Upon the entry of an order creating such waterway district by the board, it shall have power to perform all the duties and exercise all of the authority conferred upon it by this chapter, and shall have the right to sue and be sued in all matters pertaining to such district as the representative thereof, in the same ma... |
91.08.100 | Board's powers and duties—Right of eminent domain. | Said board shall have the right of eminent domain for the acquisition of lands necessary to the construction or widening of the proposed waterway, and may cause all necessary lands to be condemned and appropriated or damaged for the use of said waterway, and make just compensation therefor. The private property of the ... |
91.08.110 | Bridging part of cost. | Whenever in aid of the construction or widening of any such waterway it shall be necessary to cross or disturb any existing public highway or railroad, the cost of bridging the waterway or otherwise substantially continuing the highway or railroad may be ascertained and paid as a part of the cost of the improvement if ... |
91.08.120 | Eminent domain—Order to acquire or condemn property. | Whenever the said board shall desire to condemn and acquire land, or damage lands or property for any purpose authorized by this chapter, said board shall make an order therefor wherein it shall be provided that such land or damages shall be paid for wholly by special assessment upon the property within said waterway d... |
91.08.130 | Eminent domain—Petition to condemn. | The board shall file a petition, verified by its chair and signed by the prosecuting attorney, in the superior court of the county, praying that the property described may be taken or damaged for the purpose specified and that compensation therefor be ascertained by a jury or by the court in case a jury be waived. Such... |
91.08.140 | Eminent domain—Summons. | 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 the defendants are unknown or reside out of the state, a summons for p... |
91.08.150 | Eminent domain—Service in case of public lands—Legal counsel. | In case the land or other property sought to be taken or damaged is state land, the summons and copy of petition shall be served upon the commissioner of public lands; if it is county land it shall be served upon the county auditor, and if school land, upon the county auditor and the chair of the board of directors of ... |
91.08.160 | Eminent domain—Finding of public use—Jury—Dismissal. | Upon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall proceed to the hearing of such petition and shall adjudicate whether the proposed condemnation is for a public use, and if its judgment is that the proposed use is public, it shall empanel a jury to asc... |
91.08.170 | Eminent domain—New parties may be admitted. | The jury or court shall also ascertain the just compensation to be paid to any person found to have an interest in any lot or parcel of land or property which may be taken or damaged for such improvement, whether or not such person's name or such lot or parcel of land or other property is mentioned or described in said... |
91.08.180 | Eminent domain—Jury may view property. | The court may upon motion of the petitioners, or of any defendant, direct that the jury under the charge of an 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 or property taken or damaged for th... |
91.08.190 | Eminent domain—Measure of damage to buildings. | If there be any building standing in whole or in part upon any land to be taken, the jury or court shall add to the finding of the value of the land taken, the value or damage to such building as the case may require. If the entire building is taken, or if it is damaged so that it cannot be readjusted to premises of th... |
91.08.200 | Eminent domain—Findings as interests appear—Interpleader. | 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 damage done to each of such parties or interests may be separately found by the jury or court on the written request of any party. And in making such findings the jury or... |
91.08.210 | Eminent domain—Procedure after findings. | Upon the filing of the findings of the jury or court, 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 may require. The final judgment of the court shall be that the lands and propert... |
91.08.220 | Eminent domain—Substitution of new owner as defendant. | The court shall have power at any time, upon proof that any defendant who has not been served with process has ceased to be an owner since the filing of such petition, to substitute the new owner as a defendant, and after due service of the summons and petition upon him or her proceed as though he or she had been a par... |
91.08.230 | Eminent domain—Guardian ad litem. | When it shall appear from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, insane or distracted person is interested in any property that is to be taken or damaged, the court shall appoint a guardian ad litem for such infant or insane or distracted person to appear and... |
91.08.240 | Eminent domain—Damage irrespective of benefits. | The compensation to be ascertained by the jury or court shall be irrespective of any benefit from the improvement proposed, and the finding shall state separately the value of land taken from any tract and the damage, if any, to remaining land by reason of the severance.
[ 1911 c 23 s 22 ; RRS s 9798.] |
91.08.250 | Eminent domain—Finality of judgment—Appellate review—Waiver of review. | Any final judgment rendered by said court upon the findings of the court or a jury, shall be the lawful and sufficient condemnation of the land or property to be taken, or of the right to damage the same in the manner proposed, upon the payment of the amount of such findings and all costs which shall be taxed as in oth... |
91.08.260 | Eminent domain—Decree of appropriation. | The court upon proof that the judgment, together with costs, has been paid to the person entitled thereto, or has been paid into court, shall enter an order that the board shall have the right at any time thereafter to take possession of or damage the property in respect to which such compensation shall have been so ma... |
91.08.270 | Assessment procedure—Petition—Assessment commissioners. | Said board shall, upon the entry of the condemnation judgment, file in the same proceeding a supplementary petition, praying the court that an assessment be made upon the lands in the district for the purpose of raising an amount necessary to pay the compensation and damages awarded for the property taken or damaged, w... |
91.08.280 | Assessment procedure—Oath and compensation of commissioners. | Said 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 the law. Every commissioner shall receive compensation ... |
91.08.290 | Assessment procedure—Apportionment of assessment. | It shall be the duty of such commissioners to examine the lands in the district and to apportion and assess the amount of the judgment, interest and costs as hereinbefore defined, of the condemnation proceeding, and of the estimated cost of the proposed improvement, and of the price of any fill made with material dug o... |
91.08.300 | Assessment procedure—Assessment roll. | The commissioners shall make or cause to be made an assessment roll in which shall appear the names of the owners, so far as known, a description of each lot, block, tract or parcel of land or other property, and the amounts assessed thereon as special benefits thereto, specifying separately the benefits from the openi... |
91.08.310 | Assessment procedure—Order for hearing on roll—Notice. | Upon its completion the commissioners shall return their assessment roll into court, and thereupon the court shall make an order setting a time for the hearing thereon before the court, which day shall be at least thirty days after the entry of the order. The commissioners shall give notice of the assessment and of the... |
91.08.320 | Assessment procedure—Proof of service of notice. | On or before the day fixed for the hearing, the affidavit of one or more of the commissioners shall be filed in said court showing the mailing of the notices above prescribed, and an affidavit of the publisher of the newspaper showing the publication of notice, with a copy of the published notice attached, which affida... |
91.08.330 | Assessment procedure—Cause may be continued. | If twenty days shall not have elapsed between the first publication of such notice 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 given shall prove inv... |
91.08.340 | Assessment procedure—Hearing—Findings—Judgment. | Any person interested in any property assessed and desiring to object to the assessment thereon, shall file his or her objections to such report at any time before the day set for hearing said roll, and serve a copy thereof upon the prosecuting attorney. As to all property to the assessment upon which no objections are... |
91.08.350 | Assessment procedure—Roll may be recast—New commissioners. | The court before which any such proceeding may be pending shall have authority at any time before final judgment to modify, alter, change, annul or confirm any assessment roll returned as aforesaid, or cause any such assessment roll to be recast by the same commissioners whenever it shall be necessary for the obtainmen... |
91.08.360 | Assessment procedure—Judgment separate as to each tract—Effect of appeal. | The judgment of the court confirming the assessment roll shall have the effect of a separate judgment as to each tract or parcel of land or other property assessed, and any appeal from such judgment shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken. Such judgment ... |
91.08.370 | Assessment procedure—Roll certified to treasurer—Interest on assessment upon appeal. | The clerk of the court in which such judgment is rendered shall certify a copy of the assessment roll as confirmed, and of the judgment confirming the same, to the treasurer of the county, or if there has been an appeal taken from any part of such judgment, then he or she shall certify such part of the roll and judgmen... |
91.08.380 | Assessment procedure—Notice of filing roll. | The treasurer receiving such certified copy of the assessment roll and judgment shall immediately give notice thereof by publishing such notice at least once in the official newspaper or newspapers of such county, if such newspaper or newspapers there be; and if there be no such official newspaper, then by publishing s... |
91.08.390 | Payment of assessment—Alternate methods. | The owner of any land charged with an assessment under this chapter, may discharge the same from all liability for the cost of such condemnation and improvement by paying the entire assessment charged against his or her land, without interest, within the time fixed by the notice of the county treasurer for the payment ... |
91.08.400 | Payment of assessment—Record of payment without interest. | When any assessment shall be paid either in full or in part only, within the time for payment without interest fixed by his or her notice, the treasurer shall note the fact of such payment opposite the assessment.
[ 2013 c 23 s 627 ; 1911 c 23 s 38 ; RRS s 9814.] |
91.08.410 | Payment of assessment—Installments—Collection. | Immediately after the expiration of the time fixed by his or her notice for payment of assessments without interest, the treasurer shall divide the several assessments which remain unpaid in whole or in part into ten equal amounts or installments, as near as may be, without fractional cents, and enter said installments... |
91.08.420 | Payment of assessment—Record of installment payments. | As each assessment installment is paid the treasurer shall note the payment thereof in the proper place upon the assessment roll.
[ 1911 c 23 s 40 ; RRS s 9816.] |
91.08.430 | Payment of assessment—Payment in full or in part—Interest—Segregation. | The owner of any lands assessed under this chapter may at any time after the time fixed by the treasurer's notice for payment without interest, discharge his or her lands from the unpaid assessment by paying the principal of all installments unpaid with interest thereon at a rate determined by the board to the next ann... |
91.08.440 | Payment of assessment—Interest on last installment. | The last installment of any assessment paid shall include interest thereon at a rate determined by the board to the actual date of payment.
[ 1981 c 156 s 36 ; 1911 c 23 s 42 ; RRS s 9818.] |
91.08.450 | Payment of assessment—Land taken for public use. | Should any of the lands assessed under this chapter be taken for or dedicated to public use, for highway or any other public purpose, before the taking or dedication shall be complete or take effect there shall be paid to the county treasurer a sum equal to the principal of the unpaid assessment upon said land at its p... |
91.08.460 | Payment of assessment—Treasurer's report. | Immediately after expiration of the time fixed by the treasurer for the payment of assessments levied under this chapter, he or she shall report to the board in writing the sum collected by him or her and in his or her hands to the credit of the assessment roll; and thereafter and on or before the first days of January... |
91.08.465 | Bonds—Authorized—Purposes for issuance. | Should the owners of any lands assessed to pay for an improvement contemplated by this chapter, fail to pay the assessments thereon in full on or before the day fixed by the treasurer's notice as the time for payment without interest, the board shall provide and issue bonds of the district to the total amount of the un... |
91.08.480 | Bonds—Terms, form, interest, execution. | (1) Such bonds shall be issued pursuant to an order made by the board and by their terms shall be made payable on or before a date not to exceed ten years from and after the date of their issue, which latter date shall also be fixed by such order. They shall bear interest at the rate or rates as authorized by the board... |
91.08.485 | Bonds—Sale or exchange for par value. | (1) Said bonds, whether sold or exchanged, shall be disposed of for not less than their par value and accrued interest. (2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 267 ; 1911 c 23 s 47 ; RRS s 9823. Formerly RCW 91.08.470 , part.]
Liber... |
91.08.490 | Bonds—Sale of. | (1) Before making any sale of such bonds the board shall advertise the sale and invite sealed bids therefor, by publication in the county official newspaper at least once, and in such other manner as it sees fit, for a period of thirty days. At the time and place fixed for receiving bids the board shall open all bids p... |
91.08.500 | Bonds—Payment. | The treasurer shall pay the interest on the bonds authorized to be issued by this chapter, on presentation of matured coupons therefor, out of the funds of the district in his or her hands. Whenever there shall be sufficient money in any such fund (not less than one thousand dollars) over and above sufficient for the p... |
91.08.510 | Bonds—Recourse of owner limited to special assessment—Bond to so state. | The owner of any bond issued under authority of this chapter shall not have any claim therefor against any person, body, or corporation, except from the special assessment made for the improvement for which such bond was issued; but his or her remedy in case of nonpayment shall be confined to the enforcement of such as... |
91.08.520 | Invalidity of assessments—Reassessment. | In all cases of assessments for improvements under this chapter, wherein such assessment shall have failed to be valid in whole or in part for want of form or insufficiency, informality or irregularity, or nonconformance with the provisions of this chapter, the board is hereby authorized to cause such assessments to be... |
91.08.530 | Construction—Contractor's bond—Bidder's deposit—Claims. | After the confirmation of the assessment roll of any improvement district provided for herein, the board shall proceed at once with the construction of the improvement, and in carrying on the construction it shall have full charge and management thereof and the power to employ such assistants as it may deem necessary, ... |
91.08.540 | Construction—Installment payments—Reserve. | During the construction of the improvement said board shall have the right to allow payment therefor to contractors in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no such allowance or payment shall be made for exceeding seventy-five percent of the proportionate amo... |
91.08.550 | Warrants. | The indebtedness of any such district on contracts, or upon employment or for supplies, shall be paid by warrants on the district fund only, to be issued by the board upon allowed written claims. Such warrants shall be in form the same as county warrants, or as nearly the same as may be practicable; shall draw the lega... |
91.08.560 | Warrants—Payment. | All warrants issued under RCW 91.08.550 may be presented by the holders thereof to the county treasurer, who shall pay them or endorse thereon the date of presentation for payment and if the same are not paid, and the reason for their nonpayment; and no warrant shall draw interest until it is so presented and endorsed ... |
91.08.570 | Public lands not devoted to public use to be treated as private lands. | State, school, county, school district, and other lands belonging to other public corporations which will be benefited by the construction, deepening or widening of any such waterway, and which are not devoted to public use, shall be subject to the provisions of this chapter, and the owners thereof by and through the p... |
91.08.575 | Public lands not devoted to public use to be treated as private lands—Assessment. | Lands belonging to the state, and school, county, school district and other lands belonging to public corporations and which are not devoted to public use, which are benefited by any improvement instituted under the provisions of this chapter, shall be assessed in the same manner as lands of private persons and corpora... |
91.08.580 | Appellate review. | Any person aggrieved by any condemnation judgment for compensation or damages, or by any judgment confirming an assessment upon land for benefits under this chapter, may seek appellate review of the judgment as in other civil cases.
[ 1988 c 202 s 95 ; 1971 c 81 s 181 ; 1911 c 23 s 58 ; RRS s 9834.]
Rules of court: Met... |
91.08.590 | Payment of assessments by satisfying judgment. | Any defendant in a condemnation proceeding under this chapter, whose remaining land, or whose other lands in the district, shall be assessed for benefits arising from the improvement, may pay his or her assessments in full, if they be less than his or her condemnation judgment, at or before the time fixed by the treasu... |
91.08.600 | Purchase of filling material. | At any time before the completion of excavations required for the construction, deepening, or widening of a waterway under this chapter, when there will be surplus material dug or dredged from such waterway, any owner of land within the district, for the filling of whose land no provision has theretofore been made, may... |
91.08.610 | Surplus money in district fund transferred to road fund. | Should there be any money remaining in the district fund after the payment in full of all of the obligations of the district, it shall be transferred to and become a part of the road fund of the county.
[ 1911 c 23 s 61 ; RRS s 9837.]
"County road fund" created: RCW 36.82.010 . |
91.08.620 | Unclaimed funds, disposal of. | Should any sum of money paid into court as compensation or damages for land or property taken or damaged in any condemnation proceeding under this chapter be uncalled for the period of two years, the county clerk shall satisfy the judgment therefor and pay the money in his or her hands to the treasurer for the road fun... |
91.08.630 | Waterways as highways—Control of. | Every waterway constructed, deepened or widened under this chapter shall, from and after the completion thereof, be a public highway for vessels and an outlet for swamp or overflow water which may be drained into it from any lands in the district or tributary thereto, and shall be under the care and control of the boar... |
91.08.640 | Fees for serving process. | The fees for the service of all process necessary to be served under the provisions of this chapter shall be the same as those for like services in other civil cases.
[ 1911 c 23 s 65 ; RRS s 9841.]
Fees of county officers: Chapter 36.18 RCW. |
91.08.650 | Enforcement. | The superior court may compel the performance of duties imposed by this chapter, and may on proper application therefor issue its mandatory injunction for such purpose.
[ 1911 c 23 s 66 ; RRS s 9842.] |
91.08.660 | Construction—1911 c 23. | This chapter shall not be held to be an exclusive method of constructing, deepening or widening such waterways, nor in conflict with any other method which may be provided by law.
[ 1911 c 23 s 64 ; RRS s 9840.] |
91.08.900 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
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