Title 85, Title 85 DIKING AND DRAINAGE
15 chapters · 377 sections in this title.
RCW 85.32.010 Declaration of necessity and purpose.
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The maintenance of drainage districts is essential to the economy of the state. The influx of population and changes in land use since many such districts were formed, has made obsolete and unjust the method used under existing law to provide funds for the operation of such distr…
RCW 85.32.020 Definitions.
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As used in this chapter:"District" means a regularly formed and established drainage district under the provisions of this title."Board" means the board of commissioners of a regularly formed and established drainage district under the provisions of this title.[ 1961 c 131 s 3.]
RCW 85.32.030 Powers of board in general.
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The board may: (1) Make initial determination that the district's facilities furnish benefit to improvements upon land as well as land alone within the district in protecting against and furnishing runoff for surface and/or flood waters; (2) make initial determination that lands …
RCW 85.32.040 Initial determination—Roll—Resolution, contents.
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In the initial instance, when the board of any district, desires to use the method and procedure provided in this chapter, and in order that uniformity may be had, it may cause a roll of all properties within the district claimed to be benefited by its drainage system, and in add…
RCW 85.32.050 Contents of roll—Assessed, equalized value prima facie correct—Separate levies for prior indebtedness—Adjustment of roll.
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The roll of properties referred to in this chapter shall contain (1) a description of all properties and improvements thereon, with the name of the owner or the reputed owner thereof and his or her address as shown on the tax rolls of the assessor or treasurer of the county where…
RCW 85.32.060 Notice of hearing—Contents.
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When the board causes a property roll to be filed with it and a hearing to be held thereon as provided in this chapter, it shall give notice of the hearing in the following manner:The notice shall be published at least three times in consecutive issues in a weekly newspaper, or o…
RCW 85.32.070 Written objections—Filing—Grounds—Waiver.
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Any person, owner or reputed owner having any interest in any property against which the board seeks to make a service and benefit charge under this chapter, may object thereto. All such objections must be in writing and filed with the board before the hearing is commenced upon t…
RCW 85.32.080 Additional roll due to omitted property or changed conditions.
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The board shall from time to time examine the properties within and without said district, and if it finds tentatively that property, including improvements thereon, has been omitted from the existing roll, or conditions have changed so that there are new properties or additional…
RCW 85.32.090 Certification and filing of roll—Additional, supplemental roll supplements original.
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When any roll or additional or supplemental roll is adopted by the board, a copy thereof shall be certified to and filed with the auditor, the assessor and the treasurer of the county wherein the property contained on said roll is situated. Where the roll is a supplemental or add…
RCW 85.32.100 Reexamination of properties—Supplemental roll—Certification and filing.
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The board may at any time reexamine the properties on any roll, and upon request of an owner shall do so, and if it is found that the condition of such property or properties has changed so that justly such property should be eliminated from any rolls on file, or the base against…
RCW 85.32.110 Roll is base for benefits against which levy made.
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The roll certified to the county officers as in this chapter provided, and any modification thereof as provided, shall serve as the base of benefits as to land, buildings and improvements furnished service and benefit by the systems of the district against which valuations dollar…
RCW 85.32.120 Levy for outstanding indebtedness.
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If any property outside of the territorial limits of the district is placed upon a roll as finally adopted, and at the time such property becomes subject to charge for service and benefit from the district's system, there is an existing outstanding indebtedness owing by the distr…
RCW 85.32.130 Emergency warrants in excess of estimates.
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In the case of an emergency or disaster not in contemplation at the time of making the annual estimate of costs and declared to be such by resolution of the board, the board may incur additional obligations and issue valid warrants therefor in excess of such estimate in the manne…
RCW 85.32.140 Chapter exclusive method—Concurrent use of other method to extinguish prior indebtedness—Special assessment bonds.
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Any district choosing to operate under this chapter shall not use the processes provided for raising revenue under any other law: PROVIDED, That if for any reason it is deemed more just and advisable by the board, any such other method or process for raising revenue as provided b…
RCW 85.32.150 Owners of extraterritorial lands on roll are electors and may be commissioners—Corporations.
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Whenever lands, or lands with improvements thereon, lying outside of the existing territorial limits of such district are ultimately placed upon the assessment roll of such district in the manner provided by this chapter so that such lands are subject to maintenance benefits as p…
RCW 85.32.160 Roll proceedings are conclusive—Injunction upon limited grounds.
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Whenever any roll shall have been adopted by the board, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties and cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing writ…
RCW 85.32.170 Judicial review—Petition to superior court.
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The decision of the board upon any objection made within the time and in the manner prescribed in this chapter may be reviewed by the superior court of the county wherein the property in question is located. Any person aggrieved must file his or her petition for writ of review wi…
RCW 85.32.180 Judicial review—Filing of transcript, objections, resolution—Filing fees—No bond required—Notice of hearing and trial.
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Within ten days after the filing of such petition for review, the board, 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 file…
RCW 85.32.190 Judicial review—Scope of trial.
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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 findings and decision of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of…
RCW 85.32.200 Appellate review.
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Appellate review may be sought as in other civil cases: PROVIDED, That such 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 review may change, confirm, correct or modify the…
RCW 85.32.210 Levies are for continuous benefits.
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The dollar rate levy returns collected from time to time under this chapter are solely assessments for benefits received continuously by the benefited properties, calculated in the manner specified in this chapter as a just and equitable way for all benefited property to share th…
RCW 85.32.220 Annual estimate of costs.
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The board of any drainage 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.[ 1961 c 131 s 23.]
RCW 85.32.900 Powers and duties of chapter are supplemental.
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The rights, powers and duties granted and imposed by this chapter are supplemental and in addition to any existing rights, powers and duties of drainage districts established under this title.[ 1961 c 131 s 24.]