christopherty33/RCW huggingface dataset:
RCW 53.58.010
Purchase of zero and near zero emissions cargo handling equipment.
(Expires December 31, 2031.)
(1) Moneys available to a port district or a port development authority may be used to purchase zero and near zero emissions cargo handling equipment and infrastructure supporting that equipment for the use of the port district, port development authority, or tenants or lessees thereof.
(2) Moneys available to a port district or a port development authority shall not be used to purchase fully automated marine container cargo handling equipment.
(3) For the purposes of this section:
(a) "Fully automated marine container cargo handling equipment" means equipment that is remotely operated or remotely monitored, with or without the exercise of human intervention or control.
(b) "Port development authority" means a port public development authority created by a single port district or jointly created by two port districts in accordance with RCW 53.57.020
.
(4) This section expires December 31, 2031.
[
2021 c 88 s 1
.]
RCW 54.20.010
Statement of operations
—
Decree of appropriation
—
Retirement of properties
—
Accounting
—
Limitation on new proceedings.
In any condemnation proceeding heretofore or hereafter instituted or conducted by a public utility district for the acquisition of properties, the district may serve upon the condemnee's attorneys of record and file with the court a notice of its intention to present a decree of appropriation together with a demand for a verified statement showing in reasonable detail the following information with respect to the operation of the properties since the date of verdict, if the case was tried by jury, or since the date of the judgment fixing compensation, if the case was tried by the court, namely: the cost of any improvements and betterments to the properties which were reasonably necessary and prudently made; the gross income received from the properties, betterments and improvements; the actual reasonable expense, exclusive of depreciation, incurred in the operation thereof. If the condemnee fails to serve and file the statement within fifteen days after service of the demand therefor, it may be compelled to do so by contempt proceedings, and the time during which such proceedings are pending shall not be considered in computing the time within which the district may exercise its right of appropriation. After the statement is filed, the district may pay the amount of the verdict or judgment plus (1) accrued interest thereon less the net income before allowance for depreciation, and (2) the cost of such improvements and betterments, all as shown by the sworn statement, and concurrently obtain its decree of appropriation. The condemnee may retire from use after the verdict or judgment such items of the properties as may be reasonably necessary in the ordinary and usual course of operation thereof, in which case it shall show in its statement the reasonable value of such items retired, and the district may deduct such value from the sum otherwise payable by it. If the condemnee fails to file the statement within fifteen days after service of the demand therefor, the district at its option may pay the full amount of the judgment or verdict plus accrued interest thereon and concurrently obtain a decree of appropriation.
After payment has been made and the decree of appropriation entered as provided in this section, the district or the condemnee shall be entitled to an accounting in the condemnation proceedings to determine the true amount of each item required to be furnished in the above statement, and to payment of any balance found due in such accounting.
Whenever any such condemnation proceedings have been, or hereafter may be abandoned, no new proceedings for the acquisition of the same or substantially similar properties shall be instituted until the expiration of one year from the date of such abandonment, but such proceedings may be instituted at any time thereafter.
[
1945 c 130 s 3
; Rem. Supp. 1945 s 10459-13. Formerly RCW 54.20.010
through
54.20.050
.]
NOTES:
Purpose
—
Severability
—
1945 c 130:
See notes following RCW 54.04.100
.
RCW 54.48.010
Definitions.
When used in this chapter:
(1) "Public utility" means any privately owned public utility company engaged in rendering electric service to the public for hire, any public utility district engaged in rendering service to residential customers and any city or town engaged in the electric business.
(2) "Cooperative" means any cooperative having authority to engage in the electric business.
[
1969 c 102 s 1
.]
RCW 54.48.020
Legislative declaration of policy.
The legislature hereby declares that the duplication of the electric lines and service of public utilities and cooperatives is uneconomical, may create unnecessary hazards to the public safety, discourages investment in permanent underground facilities, and is unattractive, and thus is contrary to the public interest and further declares that it is in the public interest for public utilities and cooperatives to enter into agreements for the purpose of avoiding or eliminating such duplication.
[
1969 c 102 s 2
.]
RCW 54.48.030
Agreements between public utilities and cooperatives authorized
—
Boundaries
—
Extension procedures
—
Purchase or sale
—
Approval.
In aid of the foregoing declaration of policy, any public utility and any cooperative is hereby authorized to enter into agreements with any one or more other public utility or one or more other cooperative for the designation of the boundaries of adjoining service areas which each such public utility or each such cooperative shall observe, for the establishment of procedures for orderly extension of service in adjoining areas not currently served by any such public utility or any such cooperative and for the acquisition or disposal by purchase or sale by any such public utility or any such cooperative of duplicating utility facilities, which agreements shall be for a reasonable period of time not in excess of twenty-five years: PROVIDED, That the participation in such agreement of any public utility which is an electrical company under RCW 80.04.010, excepting cities and towns, shall be approved by the Washington utilities and transportation commission.
[
1969 c 102 s 3
.]
RCW 54.48.040
Cooperatives not to be classified as public utilities or under authority of utilities and transportation commission.
Nothing herein shall be construed to classify a cooperative having authority to engage in the electric business as a public utility or to include cooperatives under the authority of the Washington utilities and transportation commission.
[
1969 c 102 s 4
.]
RCW 55.04.050
Dissolution.
See port districts, chapter
53.48
RCW.
RCW 55.04.060
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years.
See chapter
57.90
RCW.
RCW 57.42.010
Authorized.
Subject to the provisions of RCW 57.42.020
and
57.42.030, any district created under the provisions of this title may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights, including but not limited to the title to real property, to a public utility district in the same county on such terms as may be mutually agreed upon by the board of commissioners of each district.
[
1996 c 230 s 1301
;
1973 1st ex.s. c 56 s 1
.]
NOTES:
Part headings not law
—
Effective date
—
1996 c 230:
See notes following RCW 57.02.001
.
RCW 57.42.020
Disposition must be in public interest
—
Filings
—
Indebtedness.
No district shall dispose of its property to a public utility district unless the respective board of commissioners of each district shall determine by resolution that such disposition is in the public interest and conducive to the public health, welfare, and convenience. Copies of each resolution, together with copies of the proposed disposition agreement, shall be filed with the legislative authority of the county in which the district is located and with the superior court of that county. Unless the proposed agreement provides otherwise, any outstanding indebtedness of any form owed by the water district shall remain the obligation of the area of the district, and the board of commissioners of the public utility district shall be empowered to make such levies, assessments, or charges upon that area or the water, sewer, or drainage users therein as shall pay off the indebtedness at maturity.
[
1996 c 230 s 1302
;
1973 1st ex.s. c 56 s 2
.]
NOTES:
Part headings not law
—
Effective date
—
1996 c 230:
See notes following RCW 57.02.001
.
RCW 57.42.030
Hearing
—
Notice
—
Decree.
Within ninety days after the resolutions and proposed agreement have been filed with the court, the court shall fix a date for a hearing and shall direct that notice of the hearing be given by publication. After reviewing the proposed agreement and considering other evidence presented at the hearing, the court may determine by decree that the proposed disposition is in the public interest and conducive to the public health, welfare, and convenience. In addition, the decree shall authorize the payment of all or a portion of the indebtedness of the district relating to property disposed of under such decree. Pursuant to the court decree, the district shall dispose of its property under the terms of the disposition agreement with the public utility district.
[
1996 c 230 s 1303
;
1973 1st ex.s. c 56 s 3
.]
NOTES:
Part headings not law
—
Effective date
—
1996 c 230:
See notes following RCW 57.02.001
.
RCW 57.46.010
Voluntary contributions to assist low-income residential customers
—
Administration.
A district may include along with, or as part of its regular customer billings, a request for voluntary contributions to assist qualified low-income residential customers of the district in paying their district bills. All funds received by the district in response to such requests shall be transmitted to the grantee of the department of commerce which administers federally funded energy assistance programs for the state in the district's service area or to a charitable organization within the district's service area. All such funds shall be used solely to supplement assistance to low-income residential customers of the district in paying their district bills. The grantee or charitable organization shall be responsible to determine which of the district's customers are qualified for low-income assistance and the amount of assistance to be provided to those who are qualified.
[
2023 c 470 s 2097
;
1996 c 230 s 1401
;
1995 c 399 s 149
;
1993 c 45 s 5
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Part headings not law
—
Effective date
—
1996 c 230:
See notes following RCW 57.02.001
.
RCW 57.46.020
Disbursement of contributions
—
Quarterly report.
All assistance provided under this chapter shall be disbursed by the grantee or charitable organization. Where possible the district shall be paid on behalf of the customer by the grantee or the charitable organization. When direct vendor payment is not feasible, a check shall be issued jointly payable to the customer and the district. The availability of funds for assistance to a district's low-income customers as a result of voluntary contributions shall not reduce the amount of assistance for which the district's customers are eligible under the federally funded energy assistance programs administered by the grantee of the department of commerce within the district's service area. The grantee or charitable organization shall provide the district with a quarterly report on January 15th, April 15th, July 15th, and October 15th which includes information concerning the total amount of funds received from the district, the names of all recipients of assistance from these funds, the amount received by each recipient, and the amount of funds received from the district currently on hand and available for future low-income assistance.
[
2023 c 470 s 2098
;
1996 c 230 s 1402
;
1995 c 399 s 150
;
1993 c 45 s 6
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Part headings not law
—
Effective date
—
1996 c 230:
See notes following RCW 57.02.001
.
RCW 57.46.030
Contributions not considered commingling of funds.
Contributions received under a program implemented by a district in compliance with this chapter shall not be considered a commingling of funds.
[
1996 c 230 s 1403
;
1993 c 45 s 7
.]
NOTES:
Part headings not law
—
Effective date
—
1996 c 230:
See notes following RCW 57.02.001
.
RCW 58.18.010
Assessor's plat
—
Requisites, filing, index, etc.
—
When official plat.
In any county where an assessor has and maintains an adequate set of maps drawn from surveys at a scale of not less than two hundred feet to the inch, the assessor may with the permission of the county commissioners, file an assessor's plat of the area, which when filed shall become the official plat for all legal purposes, provided:
(1) The plat is filed in the offices of the county auditor and the county assessor, together with a list of the existing legal descriptions and a list of the new legal descriptions as assigned by the county assessor;
(2) The recorded plat is drawn in such a manner that a ready reference can be made to the legal description in existence prior to the time of the filing of the assessor's plat and in conformance with existing statutes;
(3) The first year the tax roll and tax statement shall contain the prior legal description and the new legal description as assigned and shown on the assessor's plat with a notation that this legal description shall be used for all purposes;
(4) The county assessor shall maintain an index for reference to the prior and the existing legal descriptions of the parcels contained in the assessor's plats;
(5) Each dedicated plat after June 7, 1961, shall be submitted to the county assessor of the county wherein the plat is located, for the sole purpose of assignment of parcel, tract, block and or lot numbers and the county auditor shall not accept any such plat for filing unless the said plat carries a signed affidavit from the assessor to this effect, and a statement to the effect that the name of the plat shall be number . . . . in the county of . . . . . .
[
1961 c 262 s 1
.]
RCW 59.04.010
Tenancies from year to year abolished except under written contract.
Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print. Nothing in this section shall be construed in any manner to conflict with or supersede RCW 59.18.210
.
[
2024 c 27 s 1
; Code 1881 s 2053;
1867 p 101 s 1
; RRS s 10619.]
RCW 59.04.020
Tenancy from month to month
—
Termination.
When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the end of any of said months or periods, given by either party to the other.
[Code 1881 s 2054;
1867 p 101 s 2
; RRS s 10619. Prior:
1866 p 78 s 1
.]
NOTES:
Unlawful detainer, notice requirement: RCW 59.12.030
(2).
RCW 59.04.030
Tenancy for specified time
—
Termination.
In all cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time.
[Code 1881 s 2055;
1867 p 101 s 3
; RRS s 10620.]
RCW 59.04.040
Ten-day notice to pay rent or quit premises.
When a tenant fails to pay rent when the same is due, and the landlord notifies him or her to pay said rent or quit the premises within ten days, unless the rent is paid within said ten days, the tenancy shall be forfeited at the end of said ten days.
[
2010 c 8 s 19001
; Code 1881 s 2056;
1867 p 101 s 4
; no RRS.]
RCW 59.04.050
Tenancy by sufferance
—
Termination.
Whenever any person obtains possession of premises without the consent of the owner or other person having the right to give said possession, he or she shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for the actual time he or she occupied the premises, and shall forthwith on demand surrender his or her said possession to the owner or person who had the right of possession before said entry, and all his or her right to possession of said premises shall terminate immediately upon said demand.
[
2010 c 8 s 19002
; Code 1881 s 2057;
1867 p 101 s 5
; RRS s 10621.]
RCW 59.04.900
Chapter inapplicable to rental agreements under landlord-tenant act.
This chapter does not apply to any rental agreement included under the provisions of chapter
59.18
RCW.
[
1973 1st ex.s. c 207 s 45
.]
RCW 59.16.010
Unlawful detainer defined.
That any person who shall, without the permission of the owner and without having any color of title thereto, enter upon the lands of another, and shall refuse to remove therefrom after three days' notice, shall be deemed guilty of unlawful detainer and may be removed from such lands.
[
1891 c 115 s 1
; RRS s 834.]
NOTES:
Unlawful detainer defined: RCW 59.12.030
.
RCW 59.16.020
Pleadings, requirements.
The complaint in all cases under the provisions of this chapter shall be upon oath, and there shall be embodied therein or amended thereto an abstract of the plaintiff's title, and the defendant shall, in his or her answer, state whether he or she makes any claim of title to the lands described in the complaint, and if he or she makes no claim to the legal title but does claim a right to the possession of such lands, he or she shall state upon what grounds he or she claims a right to such possession.
[
2010 c 8 s 19016
;
1891 c 115 s 2
; RRS s 835.]
RCW 59.16.030
Issues
—
Trial.
It shall not be necessary for the plaintiff, in proceedings under this chapter, to allege or prove that the said lands were, at any time, actually occupied prior to the defendant's entry thereupon, but it shall be sufficient to allege that he or she is the legal owner and entitled to the immediate possession thereof: PROVIDED, That if the defendant shall, by his or her answer, deny such ownership and shall state facts showing that he or she has a lawful claim to the possession thereof, the cause shall thereupon be entered for trial upon the docket of the court in all respects as if the action were brought under the provisions of *chapter XLVI of the code of eighteen hundred and eighty-one.
[
2010 c 8 s 19017
;
1891 c 115 s 3
; RRS s 836.]
NOTES:
*Reviser's note:
"chapter XLVI of the code of eighteen hundred and eighty-one" is codified as RCW 7.28.010, 7.28.110
through
7.28.150, and
7.28.190
through
7.28.270
.
RCW 59.16.040
Parties defendant
—
Trial of separate issues.
All persons in actual possession of any portion of the several subdivisions of any section of land, according to the government surveys thereof, may be made defendants in one action: PROVIDED, That they may, in their discretion, make separate answers to the complaint, and if separate issues are joined thereupon, the same shall nevertheless be tried as one action, but the verdict, if tried by jury, shall find separately upon the issues so joined, and judgment shall be rendered according thereto.
[
1891 c 115 s 4
; RRS s 837.]
RCW 60.16.010
Liens authorized.
Any person or corporation who shall do or cause to be done any labor upon any orchard or orchard lands, in pruning, spraying, cultivating, and caring for the same, at the request of the owner thereof, or his or her agent, shall have a lien upon such orchard and orchard lands for such work and labor so performed.
[
2012 c 117 s 134
;
1917 c 110 s 1
; RRS s 1131-1.]
RCW 60.16.020
Notice of lien
—
Filing
—
Contents
—
Foreclosure.
Any person or corporation claiming the benefit of this chapter, must within forty days after the close of such work or labor for each season during which such work and labor is done, file for record with the county auditor of the county in which said work and labor was performed and in which said land or part thereof is situated, a claim of lien which shall be in substance in accordance with the provisions of *RCW 60.04.060, so far as the same is applicable, which said claim of lien shall be verified as in said section provided, and such lien may be enforced in a civil action in the same manner as near as may be, as provided in *RCW 60.04.120
.
[
1917 c 110 s 2
; RRS s 1131-2.]
NOTES:
*Reviser's note:
RCW 60.04.060
and
60.04.120
were repealed by 1991 c 281 s 31, effective April 1, 1992.
RCW 60.16.030
Limitation of action to foreclose
—
Costs.
Any action to foreclose such claim of lien shall be brought within eight calendar months after the filing of such claim for lien as provided in RCW 60.16.020
and in any such action brought to enforce such lien, the court shall allow as part of the costs the money paid for making, filing and recording such claim of lien and a reasonable attorney's fee.
[
1917 c 110 s 3
; RRS s 1131-3.]
RCW 60.32.010
Liens authorized.
Every person performing labor for any person, company, or corporation, in the operation of any railway, canal, or transportation company, or any water, mining, or manufacturing company, sawmill, lumber or timber company, shall have a prior lien on the franchise, earnings, and on all the real and personal property of said person, company, or corporation, which is used in the operation of its business, to the extent of the moneys due him or her from such person, company, or corporation, operating said franchise or business, for labor performed within six months next preceding the filing of his or her claim therefor, as hereinafter provided; and no mortgage, deed of trust, or conveyance shall defeat or take precedence over said lien.
[
2012 c 117 s 148
;
1897 c 43 s 1
; RRS s 1149.]
RCW 60.32.020
Notice of lien
—
Contents
—
Filing and serving.
No person shall be entitled to the lien given by RCW 60.32.010, unless he or she shall, within ninety days after he or she has ceased to perform labor for such person, company, or corporation, filed for record with the county auditor of the county in which said labor was performed, or in which is located the principal office of such person, company, or corporation in this state, a notice of claim, containing a statement of his or her demand, after deducting all just credits and offsets, the name of the person, company, or corporation, and the name of the person or persons employing claimant, if known, with the statement of the terms and conditions of his or her contract, if any, and the time he or she commenced the employment, and the date of his or her last service, and shall serve a copy thereof on said person, company, or corporation within thirty days after the same is so filed for record.
Any number of claimants may join in the same notice for the purpose of filing and enforcing their liens, but the amount claimed by each claimant shall be separately stated.
[
2012 c 117 s 149
;
1977 ex.s. c 176 s 1
;
1897 c 43 s 2
; RRS s 1150.]
RCW 60.32.030
Manner of serving notice.
Service of notice, as herein required, may be made in the same manner as summons in civil actions.
[
1897 c 43 s 3
; RRS s 1151.]
NOTES:
Service of summons in civil actions: RCW 4.28.080
.
RCW 60.32.040
Manner of enforcing liens.
Any such lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed.
[
1897 c 43 s 4
; RRS s 1152.]
RCW 60.32.050
Receiver or assignee to pay claims first.
Whenever a receiver or assignee is appointed for any person, company or corporation, the court shall require such receiver or assignee to pay all claims for which a lien could be filed under this chapter, before the payment of any other debts or claims, other than operating expenses.
[
1897 c 43 s 5
; RRS s 1153.]
RCW 60.34.010
Liens authorized.
Every person performing labor in the operation of any restaurant, hotel, tavern, or other place of business engaged in the selling of prepared foods or drinks, or any hotel service employee, shall have a lien on the earnings and on all the property of his or her employer used in the operation of said business to the extent of the moneys due him or her for labor performed within three months next preceding the filing of his or her claim therefor.
[
2012 c 117 s 150
;
1953 c 205 s 1
.]
RCW 60.34.020
Notice of lien
—
Contents
—
Filing and serving.
The lien claimant shall within thirty days after he or she has ceased to perform such labor, file for record with the auditor of the county in which the labor was performed a notice of claim, containing a statement of his or her demand, the name of the employer and the name of the person employing him or her, if known, with a statement of the terms and conditions of his or her contract, if any, and the time he or she commenced the employment, and the date of his or her last service, and shall serve or mail a copy thereof to said employer within said period.
[
2012 c 117 s 151
;
1953 c 205 s 2
.]
RCW 60.34.030
Manner of serving notice.
Service of the notice of claim may be made in the same manner as summons in civil actions.
[
1953 c 205 s 3
.]
NOTES:
Service of summons in civil actions: RCW 4.28.080
.
RCW 60.34.040
Manner of enforcing liens
—
Costs.
The lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed, when said lien is upon real property, or in the same manner as provided in chapter
60.10
RCW when the lien is upon personal property. The court may allow as part of the costs of the action the money paid for filing or recording the claim and a reasonable attorney fee.
[
1995 c 62 s 8
;
1969 c 82 s 12
;
1959 c 173 s 1
;
1953 c 205 s 4
.]
RCW 60.34.050
Priority of lien.
The lien created herein shall be preferred to any encumbrance which may attach after the commencement of the labor and is also preferred to any encumbrance which may have attached previously to that time, but which was not filed or recorded so as to create constructive notice thereof prior to that time, and of which the lien claimant had no notice.
[
1953 c 205 s 5
.]
RCW 60.45.010
Medical care to injured recipient
—
Recovery of cost against tort feasor or tort feasor's insurer
—
Lien created, filing
—
Payment to recipient does not discharge lien.
See RCW 74.09.180, 43.20B.040, and
43.20B.050
.
RCW 60.66.010
Lien on property of guest.
Hereafter all hotel keepers, inn keepers, lodging house keepers and boarding house keepers in this state shall have a lien upon the baggage, property, or other valuables of their guests, lodgers or boarders, brought into such hotel, inn, lodging house or boarding house by such guests, lodgers or boarders, for the proper charges due from such guests, lodgers or boarders for their accommodation, board or lodging and such other extras as are furnished at their request, and shall have the right to retain in their possession such baggage, property or other valuables until such charges are fully paid, and to sell such baggage, property or other valuables for the payment of such charges in the manner provided in RCW 60.66.020
.
[
1890 p 96 s 1
; RRS s 1201.]
RCW 60.66.020
Sale to satisfy lien
—
Notice.
Whenever any baggage, property, or other valuables which have been retained by any hotel keeper, inn keeper, lodging house keeper, or boarding house keeper, in his or her possession by virtue of the provision of RCW 60.66.010, shall remain unredeemed for the period of three months after the same shall have been so retained, then it shall be lawful for such hotel keeper, inn keeper, lodging house keeper, or boarding house keeper to sell such baggage, property, or other valuables at public auction, after giving the owner thereof ten days' notice of the time and place of such sale, through the post office, or by advertising in some newspaper published in the county where such sale is made, or by posting notices in three conspicuous places in such county, and out of the proceeds of such sale to pay all legal charges due from the owner of such baggage, property, or valuables, including proper charges for storage of the same, and the overplus, if any, shall be paid to the owner upon demand.
[
2012 c 117 s 157
;
1890 p 96 s 2
; RRS s 1202.]
RCW 60.72.010
Liens created
—
Priority
—
Extent
—
Exceptions.
Any person to whom rent may be due, his or her executors, administrators, or assigns, shall have a lien for such rent upon personal property which has been used or kept on the rented premises by the tenant, except property of third persons delivered to or left with the tenant for storage, repair, manufacture, or sale, or under conditional bills of sale duly filed, and such property as is exempt from execution by law. Such liens for rent shall be paramount to, and have preference over, all other liens except liens for taxes, general and special liens of labor, and liens of mortgages duly recorded prior to the tenancy. Such liens shall not be for more than two months' rent due, except that a lien for up to four months' rent due may be established when the tenant is renting a mobile home lot in a mobile home park as defined in RCW 59.20.030
. No lien may be enforced for any rent or any installment thereof which has been due for more than two months at the time of the commencement of an action to foreclose such liens, except that a lien may be enforced for rent due for up to four months at the time of the commencement of an action to foreclose the lien when the tenant is renting a mobile home lot in a mobile home park as defined in RCW 59.20.030
. No writing or recording shall be necessary to create such lien; and if such property be removed from the rented premises and not returned to the owner, agent, executor, administrator, or assign, the lien shall continue and be a superior lien on the property so removed for ten days from the date of its removal, and the lien may be enforced against the property wherever found. In the event the property contained in the rented premises be destroyed by fire or other elements, the lien shall extend to any money that may be received by the tenant as indemnity for the destruction of the property, nor shall the lien be lost by the sale of the property, except merchandise sold in the usual course of trade or to purchasers without notice of the tenancy. The provisions of this chapter shall not apply to, nor shall it be enforced against, the property of tenants in dwelling houses or apartments or any other place that is used exclusively as a home or residence of the tenant and his or her family.
[
1990 c 169 s 3
;
1927 c 108 s 1
;
1917 c 165 s 1
; RRS s 1203-1. Formerly RCW 60.72.010, 60.72.020, 60.72.030
.]
RCW 60.72.040
Foreclosure of lien.
Said lien may be foreclosed as provided in chapter
60.10
RCW.
[
1995 c 62 s 12
;
1969 c 82 s 15
;
1917 c 165 s 2
; RRS s 1203-2.]
RCW 60.76.010
Lien authorized.
Every employer who is required to pay contributions, by agreement or otherwise, into a fund of any employee benefit plan in order that his or her employee may participate therein, shall pay such contributions in the required amounts and at the stipulated time or each employee affected thereby shall have a lien on the earnings and on all property used in the operation of said employer's business to the extent of the moneys, plus any penalties, due to be paid by or on his or her behalf in order to qualify him or her for participation therein, and for any moneys expended or obligations incurred for medical, hospital, or other expenses to which he or she would have been entitled had such required contributions been paid.
[
2012 c 117 s 158
;
1961 c 86 s 1
.]
RCW 60.76.020
Notice of lien
—
Contents
—
Filing and serving.
The lien claimant, or his or her representative on his or her behalf, or the trustee of the fund on the claimant's behalf, within sixty days after such payment becomes due shall file for record with the auditor of the county wherein the claimant is or was employed by such employer a notice of claim, containing a statement of the demand, the name of the employer, and the name of the person employing the claimant, if known, with a statement of the pertinent terms and conditions of the employee benefit plan and the time when such contributions are due and were to have been paid, and shall serve or mail a copy thereof to said employer within such time.
[
2012 c 117 s 159
;
1961 c 86 s 2
.]
RCW 60.76.030
Manner of serving notice.
Service of the notice of claim may be made in the same manner as summons in civil actions.
[
1961 c 86 s 3
.]
RCW 60.76.040
Manner of enforcing lien
—
Costs.
The lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed when said lien is upon real property, or within the same time and in the same manner as chattel liens are enforced when the lien is upon personal property. The court may allow, as part of the costs of the action, the moneys paid for filing or recording the claim, a reasonable attorney's fee in the superior court, court of appeals, and supreme court, and court costs.
[
1971 c 81 s 130
;
1961 c 86 s 4
.]
RCW 60.76.050
Priority of lien.
The lien created herein shall be preferred to any encumbrance which may attach after the contribution payments became due and is also preferred to any encumbrance which may have attached previous to that time, but which was not filed or recorded so as to create constructive notice thereof prior to that time, and of which the lien claimant had no notice.
[
1961 c 86 s 5
.]
RCW 61.16.010
Assignments, how made
—
Satisfaction by assignee.
Any person to whom any real estate mortgage is given, or the assignee of any such mortgage, may, by an instrument in writing, signed and acknowledged in the manner provided by law entitling mortgages to be recorded, assign the same to the person therein named as assignee, and any person to whom any such mortgage has been so assigned, may, after the assignment has been recorded in the office of the auditor of the county wherein such mortgage is of record, acknowledge satisfaction of the mortgage, and discharge the same of record.
[
1995 c 62 s 13
;
1897 c 23 s 1
; RRS s 10616.]
NOTES:
Validating
—
1897 c 23:
"All satisfactions of mortgages heretofore made by the assignees thereof, where the assignment was in writing, signed by the mortgagee or assignee, and where the same was recorded in the office of the auditor of the county wherein the mortgage was recorded, are hereby validated, and such satisfactions of mortgages so made shall have the same effect as if made by the mortgagees in such mortgages." [
1897 c 23 s 2
.]
RCW 61.16.020
Mortgages, how satisfied of record.
Whenever the amount due on any mortgage is paid, the mortgagee or the mortgagee's legal representatives or assigns shall, at the request of any person interested in the property mortgaged, execute an instrument in writing referring to the mortgage by the volume and page of the record or otherwise sufficiently describing it and acknowledging satisfaction in full thereof. Said instrument shall be duly acknowledged, and upon request shall be recorded in the county wherein the mortgaged property is situated. Every instrument of writing heretofore recorded and purporting to be a satisfaction of mortgage, which sufficiently describes the mortgage which it purports to satisfy so that the same may be readily identified, and which has been duly acknowledged before an officer authorized by law to take acknowledgments or oaths, is hereby declared legal and valid, and a certified copy of the record thereof is hereby constituted prima facie evidence of such satisfaction.
[
1995 c 62 s 14
;
1985 c 44 s 13
;
1901 c 52 s 1
;
1886 p 116 s 1
; RRS s 10614.]
RCW 61.16.030
Failure to acknowledge satisfaction of mortgage
—
Damages
—
Order.
If the mortgagee fails to acknowledge satisfaction of the mortgage as provided in RCW 61.16.020
sixty days from the date of such request or demand, the mortgagee shall forfeit and pay to the mortgagor damages and a reasonable attorneys' fee, to be recovered in any court having competent jurisdiction, and said court, when convinced that said mortgage has been fully satisfied, shall issue an order in writing, directing the auditor to immediately record the order.
[
1999 c 233 s 8
;
1995 c 62 s 15
;
1984 c 14 s 1
;
1886 p 117 s 2
; RRS s 10615.]
NOTES:
Effective date
—
1999 c 233:
See note following RCW 4.28.320
.
RCW 61.38.010
Future listing right purchase contracts
—
Duration
—
Actions to enforce compliance.
(1) No future listing right purchase contract shall exceed five years duration and may not be renewed or extended. A future listing right purchase contract:
(a) Shall not be used as a lien against the real property;
(b) Shall not run with title to real property and is not binding or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee or holder of any interest in real property as an equitable servitude;
(c) May be canceled by the owner without penalty or further obligation within 10 business days after execution of the contract by owner sending notice of cancellation to the other party by mail, telegram, or other means of written communication along with the full amount of any consideration paid to the owner. Notice of cancellation is considered given when mailed, when filed for telegraphic transmission, or, if sent by other means, when delivered to the other party's designated place of business. Such cancellation right shall be set forth clearly in bold type font in the future listing right purchase contract;
(d) Shall set forth clearly in bold type font that the owner may not be compelled to list the owner's property.
(2) The attorney general may bring actions to enforce compliance with this section. The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter
19.86
RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter
19.86
RCW.
(3) For the purposes of this section, a "future listing right purchase contract" means a contract granting an exclusive right to list residential real estate for sale in the future and includes, but is not limited to, any document recorded in the county where the real estate is located relating to the contract including the contract itself, a memorandum concerning the contract, or a deed of trust to secure the terms of the contract.
[
2023 c 367 s 1
.]
RCW 61.38.901
Effective date
—
2023 c 367.
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 [May 9, 2023].
[
2023 c 367 s 4
.]
RCW 63.18.010
Lease or rental agreement for lease of personal property
—
Disclaimer of warranty of merchantability or fitness
—
Limitation
—
Exceptions.
In any lease or rental agreement for the lease of movable personal property for use primarily in this state (other than a lease under which the lessee is authorized to use such property at no charge), if the rental or other consideration paid or payable thereunder is at a rate which if computed on an annual basis would be six thousand dollars per year or less, no provision thereof purporting to disclaim any warranty of merchantability or fitness for particular purposes which may be implied by law shall be enforceable unless either (1) the disclaimer sets forth with particularity the qualities and characteristics which are not being warranted, or (2) the lessee is engaged in a public utility business or a public service business subject to regulation by the United States or this state.
[
1974 ex.s. c 180 s 3
.]
NOTES:
Exclusion or modification of warranties: RCW 62A.2-316
.
RCW 63.24.150
Notice to owner.
Unless otherwise provided between the parties, if personal property deposited with a bailee is unclaimed for a period of thirty days, the bailee shall notify the owner, if known, either personally or by mail that the property is subject to disposition under RCW 63.24.160
.
[
1981 c 154 s 4
.]
RCW 63.24.160
Disposition of unclaimed property
—
Donation to charitable organization or transmittal to police or sheriff.
If property not covered by chapter
63.26
RCW remains unclaimed sixty days after notice is given, or, if the owner's identity or address is unknown, sixty days from when notice was attempted, the bailee shall:
(1) If the reasonable aggregate value of the unclaimed property is less than one hundred dollars, donate the property, or proceeds thereof, to a charitable organization exempt from federal income tax under the federal internal revenue code; or
(2) If the reasonable aggregate value of the unclaimed property is one hundred dollars or more, forward the property to the chief of police or sheriff for disposition as unclaimed property under chapter
63.32
or
63.40
RCW.
[
1988 c 226 s 1
;
1981 c 154 s 5
.]
RCW 63.24.170
Bailee not liable to owner
—
Reimbursed for reasonable costs.
A bailee is not liable to the owner for unclaimed property disposed of in good faith in accordance with the requirements of this chapter. A bailee shall be reimbursed from the proceeds of sale of any unclaimed property disposed of under RCW 63.24.160
for the reasonable costs or charges for any goods or services provided by the bailee regarding the property, and for the costs to provide notice to the owner.
[
1990 c 41 s 1
;
1981 c 154 s 6
.]
RCW 63.52.005
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Customer" means an individual or entity that causes or did cause a molder to fabricate, cast, or otherwise make a die, mold, or form.
(2) "Molder" means an individual or entity, including but not limited to a tool or die maker, that fabricates, casts, or otherwise makes a die, mold, or form.
(3) "Within three years after the last use" means the three-year period after the last use of a die, mold, or form, regardless of whether or not any portion of that period predates June 6, 1996.
[
1996 c 235 s 1
.]
RCW 63.52.010
Customer has title and all rights
—
Written exception
—
Failure to claim within three years after the last use
—
Notice to customer
—
Title and all rights may transfer to the molder.
(1) In the absence of a written agreement otherwise, the customer has title and all rights to a die, mold, or form in the molder's possession.
(2) If a customer does not claim possession from a molder of a die, mold, or form within three years after the last use of the die, mold, or form, title and all rights to the die, mold, or form may be transferred to the molder for the purpose of destroying or otherwise disposing of the die, mold, or form.
(3) At least one hundred twenty days before seeking title and rights to a die, mold, or form in its possession, a molder shall send notice, via registered or certified mail, to the chief executive officer of the customer or, if the customer is not a business entity, to the customer's last known address. The notice must state that the molder intends to seek title and rights to the die, mold, or form. The notice must also include the name, address, and phone number of the molder.
(4) If a customer does not respond in person or by mail within one hundred twenty days after the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, or form, title and all rights of the customer transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the die, mold, or form without any risk of liability to the customer.
[
1996 c 235 s 2
.]
RCW 64.16.005
Aliens' rights and interests in lands same as native citizens'.
Any alien may acquire and hold lands, or any right thereto, or interest therein, by purchase, devise, or descent; and he or she may convey, mortgage, and devise the same, and if he or she shall die intestate, the same shall descend to his or her heirs, and in all cases such lands shall be held, conveyed, mortgaged, or devised, or shall descend in like manner and with like effect as if such alien were a native citizen of this state or of the United States.
[
2012 c 117 s 195
;
1967 c 163 s 2
.]
NOTES:
1967 c 163 adopted to implement Amendment 42:
"This act is adopted by the legislature to implement amendment 42 to the state Constitution approved by the voters of the state on November 8, 1966. Amendment 42 removed constitutional restrictions against alien ownership of land by repealing Article II, section 33 of the state Constitution, as amended and Amendments 24 and 29." [
1967 c 163 s 1
.]
Severability
—
1967 c 163:
"If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1967 c 163 s 9
.]
The above two annotations apply to 1967 c 163. For codification of that act, see Codification Tables.
RCW 64.16.140
Certain titles confirmed.
All lands and all estates or interests in lands, within the state of Washington, which were conveyed or attempted to be conveyed to, or acquired or attempted to be acquired by, any alien or aliens, prior to the date of the adoption of this act, are hereby confirmed to the respective persons at present owning or claiming to own the title thereto derived by, through or under any such alien ownership or attempted ownership, to the extent that title was vested in or conveyed by said alien or aliens: PROVIDED, That nothing in this section shall be construed to affect, adversely or otherwise, any title to any such lands, or to any interest or estate therein, held or claimed by any private person or corporation adversely to the title hereby confirmed.
[
1967 c 163 s 3
;
1895 c 111 s 1
; RRS s 10589.]
NOTES:
Reviser's note:
1967 c 163 carried an emergency clause and was approved by the governor on March 21, 1967.