Title 85, Title 85 DIKING AND DRAINAGE
15 chapters · 377 sections in this title.
RCW 85.18.005 Declaration of purpose.
0.8K chars
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 er…
RCW 85.18.010 Levy for continuous benefits authorized—Base benefits.
1.0K chars
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…
RCW 85.18.020 Roll of protected property.
0.6K chars
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 de…
RCW 85.18.030 Hearing on roll—Determining continuous base benefit.
1.4K chars
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 ex…
RCW 85.18.040 Notice of hearing.
0.7K chars
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 …
RCW 85.18.050 Procedure on hearing—Objections.
0.8K chars
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, ch…
RCW 85.18.060 Additional roll as to particular property—Procedure.
1.3K chars
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, an…
RCW 85.18.070 Roll to be certified and filed.
0.3K chars
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.]
RCW 85.18.080 Roll to provide basis for levy.
0.6K chars
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 buildin…
RCW 85.18.090 Roll and proceedings conclusive—Exceptions—Right to injunction.
1.2K chars
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 p…
RCW 85.18.100 Review by superior court—How taken.
0.9K chars
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…
RCW 85.18.110 Review by superior court—Transcript—Contents—Filing.
0.4K chars
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 …
RCW 85.18.120 Review by superior court—Filing fee—Bond—Priority of cause.
0.9K chars
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 appro…
RCW 85.18.130 Review by superior court—Scope—Judgment.
0.5K chars
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…
RCW 85.18.140 Appellate review.
0.7K chars
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 modi…
RCW 85.18.150 Levy is for continuous benefits only.
0.5K chars
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 th…
RCW 85.18.160 Annual estimate of costs—Levy as part of general taxes.
1.4K chars
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 a…
RCW 85.18.170 Emergency expenditures—Warrants.
0.6K chars
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…
RCW 85.18.180 Levy is exclusive method for raising revenue—Exception.
0.4K chars
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 incur…