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Washington Statutes, Title 85

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Washington/Statutes

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Title 85, DIKING AND DRAINAGE

15 chapters · 377 sections in this title.

All chapters in Title 85377 Ch 85.05, Diking districts.64 Ch 85.08, Diking, drainage, and sewerage impro…58 Ch 85.06, Drainage districts and miscellaneous…53 Ch 85.38, Special district creation and operation.43 Ch 85.24, Diking and drainage districts in two…33 Ch 85.32, Drainage district revenue act of 1961.23 Ch 85.16, Maintenance costs and levies—Improve…20 Ch 85.18, Levy for continuous benefits—Diking …19 Ch 85.15, Diking, drainage, sewerage improveme…17 Ch 85.28, Private ditches and drains.14 Ch 85.07, Miscellaneous diking and drainage pr…12 Ch 85.20, Reorganization of districts into imp…8 Ch 85.22, Reorganization of districts into imp…7 Ch 85.36, Powers of special districts.4

377 sections·Filtered byTitle 85✕

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.]

Showing 301–350 of 377

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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 …

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 …

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.]

RCW 85.36.005 Certain powers and rights governed by chapter 85.38 RCW.

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Consolidated diking districts, drainage districts, diking improvement districts, and drainage improvement 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.…

RCW 85.36.025 Special assessments—Budgets—Alternative methods.

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RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which consolidated diking districts, drainage districts, diking improvement districts, and/or drainage improvement districts in existence as of July 28, 1985, may measure and impose special asse…

RCW 85.36.040 Special assessment bonds.

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Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW. [ 1986 c 278 s 27.] Notes: Severability—1986 c 278: See note following RCW 36.01.010.

RCW 85.36.050 Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.

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Consolidated diking districts, drainage districts, diking improvement districts, and/or 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. [ 19…

RCW 85.38.001 Actions subject to review by boundary review board.

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The establishment of a drainage district, drainage improvement district, or drainage or diking improvement district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Annexations, consolidations, or transfers of territory by a drainage district…

RCW 85.38.005 Purpose.

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The purpose of this chapter is to provide uniform and simplified procedures for the creation, elections, and operations of various special districts that provide diking, drainage, and flood control facilities and services. The legislature finds that it is in the public interest t…

RCW 85.38.010 Definitions.

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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district. (2) "Owner of land" means the record owner of at…

RCW 85.38.020 Establishment of special districts—Petition or resolution—Contents.

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The establishment of a special district may be initiated by either petition of the owners of property located within the proposed special district, or by resolution of the county legislative authority or authorities within which the proposed special district is located. A petitio…

RCW 85.38.030 Investigation of proposed boundaries and districts—Report.

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Upon the filing of a valid petition or upon the adoption of the resolution, the county legislative authority shall direct the county engineer to investigate the proposed boundaries of the special district and the feasibility of the projects located in the county as proposed in th…

RCW 85.38.040 Proposed special districts—Public hearing—Notice.

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The county legislative authority shall schedule a public hearing on the proposed special district if the county engineer's report indicates that the proposed projects are feasible. If the engineers of each of the counties within which a proposed special district is located indica…

RCW 85.38.050 Public hearing—Elections.

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The county legislative authority or authorities shall conduct the public hearing at the date, time, and place indicated in the notice. Public hearings may be continued to other dates, times, and places specified by the county legislative authority or authorities before the adjour…

RCW 85.38.060 Elections—Notice—Costs.

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The county legislative authority or authorities shall cause an election on the question of creating the special district to be held if findings as provided in RCW 85.38.050 are made. The county legislative authority or authorities shall designate a time and date for such election…

RCW 85.38.070 Governing board—Terms of office—Election—Appointment—Vacancies—Qualifications.

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(1) Except as provided in RCW 85.38.090, each special district shall be governed by a three-member governing body. The term of office for each member of a special district governing body shall be six years and until his or her successor is elected and qualified. One member of the…

RCW 85.38.075 Governing body—Compensation and expenses.

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The members of the governing body may each receive up to ninety dollars per day or portion thereof spent in actual attendance at official meetings of the governing body or in performance of other official services or duties on behalf of the district. The governing body shall fix …

RCW 85.38.080 Governing body—Bond.

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Each member of a governing body of a special district, whether elected or appointed, shall enter into a bond, payable to the special district. The bond shall be in the sum of not less than one thousand dollars nor more than five thousand dollars, as determined by the county legis…

RCW 85.38.090 Governing body—Reduction in size.

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(1) Whenever the governing body of a special district has more than three members, the governing body shall be reduced to three members as of January 1, 1986, by eliminating the positions of those district governing body members with the shortest remaining terms of office. The re…

RCW 85.38.100 General elections.

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General elections shall be held in each special district on the first Tuesday after the first Monday in February in each even-numbered year. The auditor of the county within which a special district, or the largest portion of a special district, is located may provide for special…

RCW 85.38.105 Voting rights.

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(1) The owner of land located in a special district who is a qualified voter of the special district shall receive two votes at any election. This section does not apply to special flood control districts consisting of three or more counties. (2) If multiple undivided interests, …

RCW 85.38.110 Presumed eligible voters' list—Notice of requirements of voting authority—Copy of voter's list to county auditor.

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A list of presumed eligible voters shall be prepared and maintained by each special district. The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels and their mailing address, the exten…

RCW 85.38.115 Elections—When not required.

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No election shall be held to elect a member of a special district governing body, or to fill the remainder of an unexpired term which arose from a vacancy on the governing body, if no one or only one person files for the position. If only one person files for the position, he or …