Title 85, Title 85 DIKING AND DRAINAGE
15 chapters · 377 sections in this title.
RCW 85.28.010 Private parties authorized to establish ditches and drains.
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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, …
RCW 85.28.020 Petition to appropriate—Contents.
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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…
RCW 85.28.030 Cost bond by petitioner.
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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 …
RCW 85.28.040 Viewers to be appointed—Duties.
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Upon the filing of said petition the court shall appoint three viewers, two of whom shall be resident freeholders of said county, and not interested in the result of the proceeding, and the other the *county surveyor of the county in which the lands are situated (unless said *cou…
RCW 85.28.050 Report of viewers and plat to be filed.
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When said viewers shall have made said examination they shall, within ten days after the day appointed by the court for such examination, report to the court, in writing, (filing the same with the clerk of said court) their decision as to the necessity for said ditch and if they …
RCW 85.28.060 Summons to landowners—Contents and form.
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Upon the filing of the report of the viewers aforesaid, a summons shall be issued in the same manner as summons are issued in civil actions, and served upon each person owning or interested in any lands over which the proposed ditch or drain will pass. Said summons must inform th…
RCW 85.28.080 Service by publication.
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In case any person interested in any of the lands to be crossed by such ditch, as aforesaid, does not reside in the county, or cannot be found therein, or conceals himself or herself so that personal service cannot be had upon him or her, upon proof thereof being made satisfactor…
RCW 85.28.090 Trial—Findings or verdict—Decree—Time for payment of award.
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Upon the expiration of the time within which exceptions may be filed to the report of the viewers aforesaid, the court shall set a day upon which the petition and the report of the viewers shall be heard and considered by the court. In case exceptions have been filed by any party…
RCW 85.28.100 Appeal.
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No appeal shall be taken from the finding of the court as to the necessity of such ditch or as to the route thereof until after final judgment or decree is entered: PROVIDED, That exceptions shall be taken and allowed to such orders at the time that they are made, and appeal from…
RCW 85.28.110 Compensation of viewers—Costs.
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The viewers appointed under the provisions of this chapter shall receive the sum of two dollars per day for their services, and the *county surveyor shall receive such compensation as is allowed by law for like services, the same to be taxed as costs and paid by the petitioner. A…
RCW 85.28.120 New viewers may be appointed if report not adopted.
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In case the court should not for any reason adopt the report of the viewers, or the same should be deemed insufficient for any reason, the court may appoint other viewers whose duties shall be the same as the duties of the viewers first appointed.[ 1899 c 125 s 11; RRS s 4404.]
RCW 85.28.130 Drainage of tide or marsh lands—Division of cost between contiguous tracts.
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Persons owning or desiring to improve contiguous tracts of tide marsh or swampy lands exposed to the overflow of the tide and capable of being made dry, may separate their respective tracts by a dike or ditch, which shall make and designate their common boundary. In all such case…
RCW 85.28.140 Dike or ditch as common boundary—Division of costs.
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Any person or persons who may hereafter take a tract of tideland or marsh and shall desire to adopt as his or her boundary line any dike or ditch heretofore constructed upon and entirely within the boundary line of a neighboring contiguous tract he or she may join on to said trac…
RCW 85.28.150 Dike, dam, or causeway at Bachelor Slough.
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It shall be lawful for any adjacent or abutting owner or owners, to construct a dike, dam, or causeway over or in the waters of the state of Washington described as: That certain body of water lying between Bachelor Island and the mainland, appearing on the state survey map made …