reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.230 - Payment by special assessment.

RCW 8.12.230
Payment by special assessment.
When such ordinance under which said improvement shall be ordered, shall provide that such improvement shall be paid for, in whole or in part, by special assessment of property benefited thereby, the damages and costs awarded, or such part thereof as is to be paid by special assessment, shall be levied, assessed and collected in the manner hereinafter provided.
[ 1907 c 153 § 19; RRS § 9233. Prior: 1905 c 55 § 19; 1893 c 84 § 19.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.240 - Petition for assessment—Appointment of commissioners.

RCW 8.12.240
Petition for assessment—Appointment of commissioners.
Such city may file in the same proceeding a supplementary petition, praying the court that an assessment be made for the purpose of raising an amount necessary to pay the compensation and damages which may [be] or shall have been awarded for the property taken or damaged, with costs of the proceedings, or for such part thereof as the ordinance shall provide. The said court shall thereupon appoint three competent persons as commissioners to make such assessment, or if there be a board of eminent domain commissioners of such city, appointed under the provisions of this chapter, said proceeding for assessment shall be referred to said board. Said commissioners shall include in such assessment the compensation and damages which may [be] or shall have been awarded for the property taken or damaged, with all costs and expenses of the proceedings incurred to the time of their appointment, or to the time when said proceeding was referred to them, together with the probable further costs and expenses of the proceedings, including therein the estimated costs of making and collecting such assessment.
[ 1907 c 153 § 20; RRS § 9234. Prior: 1905 c 55 § 20; 1893 c 84 § 20.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.250 - Advancement from general funds against assessments.

RCW 8.12.250
Advancement from general funds against assessments.
If any city or town shall desire to take possession of any property or do any damage or proceed with any improvement, the compensation for which is to be paid for in whole or in part by the proceeds of special assessment under this chapter, it may advance from its general funds, or any moneys available for the purpose, the amount of the assessments aforesaid, and pay the same to the owner or into court, as herein provided, reimbursing itself for moneys so advanced from the special assessments aforesaid. If there be no funds available for the purpose, such city may contract indebtedness for the purpose of raising funds therefor, which indebtedness shall be contracted and such proceedings taken therefor as is provided by law for indebtedness contracted for other internal improvements.
[ 1907 c 153 § 50; RRS § 9275. Prior: 1905 c 55 § 49; 1893 c 84 § 49.]
NOTES:
Contracting indebtedness by city: Titles 35, 39 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.260 - Appointment of board of eminent domain commissioners—Terms of office.

RCW 8.12.260
Appointment of board of eminent domain commissioners—Terms of office.
At any time after June 11, 1907, any such city may petition the superior court of the county in which said city is situated, that a board of eminent domain commissioners be appointed to make assessments in all condemnation proceedings instituted by such city. Said superior court shall thereupon, by order duly entered in its records, appoint three competent persons as commissioners who shall be known as and who shall constitute the "board of eminent domain commissioners of the city of . . . .," and who shall thereafter make assessments in all condemnation proceedings instituted by such city. The order of the court shall provide that one of the members of such board shall serve for one year, one for two years, and one for three years, from the date of their appointment and until their successors are appointed and qualified. Annually thereafter, said superior court shall appoint one such person as such commissioner, whose term shall begin on the same day of the month on which the first order of appointment was made and continue for three years thereafter and until his or her successor is appointed and qualified. If any commissioner shall be disqualified in any proceeding by reason of interest, or for any other reason, said superior court shall appoint some other competent person to act in his or her place in such proceeding.
[ 2011 c 336 § 262; 1907 c 153 § 21; RRS § 9235. Prior: 1905 c 55 § 21; 1893 c 84 § 21.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.270 - Oath of commissioners—Compensation.

RCW 8.12.270
Oath of commissioners—Compensation.
All commissioners, before entering upon their duties, shall take and subscribe an oath that they will faithfully perform the duties of the office to which they are appointed, and will to the best of their abilities make true and impartial assessments according to law. Every commissioner shall receive compensation at the rate of ten dollars per day for each day actually spent in making the assessment herein provided for: PROVIDED, That in any city of the first class the superior court of the county in which said city is situated may, by order duly entered in its record, fix the compensation of each commissioner in an amount in no case to exceed twenty-five dollars per day for each day actually spent in making the assessment herein provided for. Each commissioner shall file in the proceeding in which he or she has made such assessment his or her account, stating the number of days he or she has actually spent in said proceeding, and upon the approval of said account by the judge before whom the proceeding is pending, the comptroller or city clerk of such city shall issue a warrant in the amount approved by the judge upon the special fund created to pay the awards and costs of said proceeding, and the fees of such commissioner so paid shall be included in the cost and expense of such proceedings. In case such commissioners are, during the same period, or parts thereof, engaged in making assessments in different proceedings, in rendering their accounts they shall apportion them to the different proceedings in proportion to the amount of time, actually spent by them on the assessment in each proceeding.
[ 2011 c 336 § 263; 1947 c 139 § 1; 1929 c 87 § 1; 1915 c 154 § 2; 1907 c 153 § 22; Rem. Supp. 1947 § 9236. Prior: 1905 c 55 § 22, part; 1893 c 84 § 22, part.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.280 - Duties of commissioners—Assessment of benefits—Apportionment.

RCW 8.12.280
Duties of commissioners—Assessment of benefits—Apportionment.
It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made and the property which will be especially benefited thereby, and to estimate what proportion, if any, of the total cost of such improvement will be a benefit to the public, and what proportion thereof will be a benefit to the property to be benefited, and apportion the same between the city and such property so that each shall bear its relative equitable proportion, and having found said amounts, to apportion and assess the amount so found to be a benefit to the property upon the several lots, blocks, tracts and parcels of land, or other property in the proportion in which they will be severally benefited by such improvement: PROVIDED, That the legislative body of the city may in the ordinance initiating any such improvement establish an assessment district and said district when so established shall be deemed to include all the lands or other property especially benefited by the proposed improvement, and the limits of said district when so fixed shall be binding and conclusive on the said commissioners: AND PROVIDED FURTHER, That no property shall be assessed a greater amount than it will be actually benefited. That all leasehold rights and interests of private persons, firms or corporations in or to harbor areas located within the corporate limits of any incorporated city or town are for the purpose of assessment for the payment of the awards, interest and costs of any improvement authorized by this chapter, declared to be real property, and all such leasehold rights and interests may be assessed and reassessed in accordance with the special benefits received for the purpose of paying the cost of any such improvement heretofore made or which may hereafter be made in accordance with law.
[ 1915 c 154 § 3; 1909 c 211 § 1; 1907 c 153 § 23; RRS § 9237. Prior: 1905 c 55 § 22, part; 1893 c 84 § 22, part.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.290 - Assessment roll.

RCW 8.12.290
Assessment roll.
Such commissioners in each proceeding shall also make or cause to be made an assessment roll in which shall appear the names of the owners, so far as known, the description of each lot, block, tract or parcel of land or other property and the amounts assessed as special benefits thereto, and in which they shall set down as against the city the amount they shall have found as public benefit, if any, and certify such assessment roll to the court before which said proceeding is pending, within sixty days after their appointment or after the date of the order referring said proceeding to them, or within such extension of said period as shall be allowed by the court.
[ 1907 c 153 § 24; RRS § 9238. Prior: 1905 c 55 § 23; 1893 c 84 § 23.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.300 - Hearing on assessment roll—Notice.

RCW 8.12.300
Hearing on assessment roll—Notice.
After the return of such assessment roll, the court shall make an order setting a time for the hearing thereof before the court, which day shall be at least twenty days after return of the roll. It shall be the duty of the commissioners to give notice of the assessment and of the day fixed by the court for the hearing thereof in the following manner:
(1) They shall at least twenty days prior to the date fixed for the hearing on the roll, mail to each owner of the property assessed, whose name and address is known to them, a notice substantially in the following form:
"Title of Cause. To  . . . .: Pursuant to an order of the superior court of the State of Washington, in and for the county of  . . . . . ., there will be a hearing in the above entitled cause on  . . . . . . at  . . . . . . upon the assessment roll prepared by the commissioners heretofore appointed by said court to assess the property specially benefited by the (here describe nature of improvement); and you are hereby required if you desire to make any objections to the assessment roll, to file your objections to the same before the date herein fixed for the hearing upon the roll, a description of your property and the amount assessed against it for the aforesaid improvement is as follows: (Description of property and amount assessed against it.)
. . . .
. . . .
. . . .
Commissioners."
(2) They shall cause at least twenty days' notice to be given by posting notice of the hearing on the assessment roll in at least three public places in the city, one of which shall be in the neighborhood of the proposed improvement, and by publishing the same at least for two successive weeks in the official newspaper of the city. The notice so required to be posted and published, may be substantially as follows:
"Title of Cause. Special assessment notice. Notice is hereby given to all persons interested, that an assessment roll has been filed in the above entitled cause providing for the assessment upon the property benefited of the cost of (here insert brief description of improvement) and that the roll has been set down for hearing on the  . . . . day of  . . . . at  . . . . . . The boundaries of the assessment district are substantially as follows: (here insert an approximate description of the assessment district). All persons desiring to object to the assessment roll are required to file their objections before the date fixed for the hearing upon the roll, and appear on the day fixed for hearing before said court.
. . . .
. . . .
. . . .
Commissioners."
[ 1985 c 469 § 3; 1907 c 153 § 25; RRS § 9239. Prior: 1905 c 55 § 24; 1893 c 84 § 24.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.310 - Proof of service.

RCW 8.12.310
Proof of service.
On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent, or caused to be sent, by mail, to the owners whose property has been assessed and whose names and addresses are known to them, the notice hereinbefore required to be sent by mail to the owners of the property assessed. They shall also cause to be filed the affidavit of the person who shall have posted the notice required by this chapter to be posted, setting forth when and in what manner the same was posted. Such affidavits shall be received as prima facie evidence of a compliance with this chapter in regard to giving such notices. They shall also file an affidavit of publication of such notice in like manner as is required in other cases of affidavits of publication of notice of [or] summons.
[ 1907 c 153 § 26; RRS § 9240. Prior: 1905 c 55 § 25; 1893 c 84 § 25.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.320 - Continuance of hearing.

RCW 8.12.320
Continuance of hearing.
If twenty days shall not have elapsed between the first publication or the posting of such notices and the day set for hearing, the hearing shall be continued until such time as the court shall order. The court shall retain full jurisdiction of the matter, until final judgment on the assessments; and if the notice given shall prove invalid or insufficient the court shall order new notice to be given.
[ 1907 c 153 § 27; RRS § 9241. Prior: 1905 c 55 § 26; 1893 c 84 § 26.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.330 - Objections to assessment roll.

RCW 8.12.330
Objections to assessment roll.
Any person interested in any property assessed may without payment of any fee to the clerk of court file objections to such report at any time before the day set for hearing said roll. As to all property to the assessment of which objections are not filed as herein provided, default may be entered and the assessment confirmed by the court. On the hearing, the report of such commissioners shall be competent evidence and either party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law, tried by the court without a jury, and if it shall appear that the property of the objector is assessed more or less than it will be benefited or more or less than its proportionate share of the costs of the improvement, the court shall so find and also find the amount in which said property ought to be assessed, and the judgment shall be entered accordingly.
[ 1947 c 139 § 2; 1907 c 153 § 28; Rem. Supp. 1947 § 9242. Prior: 1905 c 55 §§ 27, 28; 1893 c 84 §§ 27, 28.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.340 - Modification of assessment.

RCW 8.12.340
Modification of assessment.
The court before which any such proceedings may be pending shall have authority at any time before final judgment to modify, alter, change, annul or confirm any assessment returned as aforesaid, or cause any such assessment to be recast by the same commissioners, whenever it shall be necessary for the obtainment of justice, or may appoint other commissioners in the place of all or any of the commissioners first appointed for the purpose of making such assessment or modifying, altering, changing or recasting the same, and may take all such proceedings and make all such orders as may be necessary to make a true and just assessment of the cost of such improvement according to the principles of this chapter, and may from time to time, as may be necessary, continue the application for that purpose as to the whole or any part of the premises.
[ 1907 c 153 § 29; RRS § 9243. Prior: 1905 c 55 § 29; 1893 c 84 § 29.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.350 - Judgment, effect—Lien.

RCW 8.12.350
Judgment, effect—Lien.
The judgment of the court shall have the effect of a separate judgment as to each tract or parcel of land or other property assessed, and any appeal from such judgment shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken. Such judgment shall be a lien upon the property assessed from the date thereof until payment shall be made, and said lien shall be paramount and superior to any other lien or encumbrance whatsoever, theretofore or thereafter created, except a lien for assessments for general taxes.
[ 1915 c 154 § 4; 1907 c 153 § 30; RRS § 9244. Prior: 1905 c 55 § 30; 1893 c 84 § 30.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.360 - Certification of roll to treasurer.

RCW 8.12.360
Certification of roll to treasurer.
The clerk of the court in which such judgment is rendered shall certify a copy of the assessment roll and judgment to the treasurer of the city, or if there has been an appeal taken from any part of such judgment, then he or she shall certify such part of the roll and judgment as is not included in such appeal, and the remainder when final judgment is rendered: PROVIDED, That if upon such appeal, the judgment of the superior court shall be affirmed, the assessments on such property as to which appeal has been taken shall bear interest at the same rate and from the same date which other assessments not paid within the time hereafter provided shall bear. Such copy of the assessment roll shall describe the lots, blocks, tracts, parcels of land, or other property assessed, and the respective amounts assessed on each, and shall be sufficient warrant to the city treasurer to collect the assessment therein specified. In no case, however, shall a copy of such assessment roll and judgment be certified to the city treasurer unless and until the awards of the jury shall have first been accepted by the city council or other legislative body as provided by law, or the time for rejecting the same shall have expired.
[ 2011 c 336 § 264; 1915 c 154 § 5; 1907 c 153 § 31; RRS § 9245. Prior: 1905 c 55 § 31; 1893 c 84 § 31.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.370 - Treasurer's notice to pay when assessments immediately payable.

RCW 8.12.370
Treasurer's notice to pay when assessments immediately payable.
Whenever the assessment for any such improvement shall be immediately payable, the owner of any such lot, tract, or parcel of land or other property so assessed may pay such entire assessment, or any part thereof, without interest, within thirty days after the notice of such assessment.
The city treasurer shall, as soon as the certified copy of the assessment roll has been placed in his or her hands for collection, publish a notice in the official newspaper of the city for two consecutive daily, or two consecutive weekly issues, and then by posting four notices thereof in public places along the line of the proposed improvement, that the said roll is in his or her hands for collection, and that any assessment thereon, or any part thereof, may be paid within thirty days from the date of the first publication or posting of said notice, without penalty, interest or costs, and if not so paid, the same shall thereupon become delinquent.
[ 2011 c 336 § 265; 1915 c 154 § 6; 1907 c 153 § 32; RRS § 9246. Prior: 1905 c 55 § 32; 1893 c 84 § 32.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.380 - Notice by mail—Penalty for default.

RCW 8.12.380
Notice by mail—Penalty for default.
It shall be the duty of the city treasurer into whose hands such judgment and assessment roll shall come, to mail notices of such assessment to the persons whose names appear on the assessment roll, so far as the addresses of such persons are known to him or her. Any such treasurer omitting so to do, shall be liable to a penalty of five dollars for every such omission; but the validity of the special assessment shall not be affected by such omission. When any assessment or assessments are paid, it shall be the duty of the treasurer to write the word "paid" opposite the same together with the name and post office address of the person making the payment and the date of payment. The owner may annually notify the treasurer of his or her address and it shall be the duty of the treasurer to mail the notice above provided for to such address.
[ 2011 c 336 § 266; 1907 c 153 § 33; RRS § 9247. Prior: 1905 c 55 § 33; 1893 c 84 § 33.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.390 - Bonds authorized.

RCW 8.12.390
Bonds authorized.
The city council or other legislative body of any city may, in their discretion, provide by ordinance for the payment of the whole or any portion of the cost and expense of any local improvement authorized by law, by bonds of the improvement district, which bonds shall be issued and sold as herein provided.
[ 1915 c 154 § 10; 1907 c 153 § 47; RRS § 9262.]
NOTES:
Cities and towns: Title 35 RCW.
Public contracts and indebtedness: Title 39 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.400 - Maturity—Interest—Payment.

RCW 8.12.400
Maturity—Interest—Payment.
(1) Such bonds shall be issued only in pursuance of ordinances of the city directing the issuance of the same, and by their terms shall be made payable on or before a date not to exceed twelve years from and after their date, which latter date may be fixed by resolution or ordinance by council or other legislative body of said city and shall bear interest at such rate or rates as may be authorized by the council or other legislative body of said city, which interest shall be payable annually, or semiannually, as may be provided by resolution or ordinance: PROVIDED, That the legislative body of any city of the first class having a population of three hundred thousand inhabitants, or more, issuing any bonds hereunder may by ordinance, passed by unanimous vote, authorize the issuance of such bonds payable on or before a date not to exceed twenty-two years from and after the date of the issue of such bonds, and shall in such ordinance provide that said bonds shall be sold at not less than par and shall bear interest at such rate or rates as may be authorized by the legislative body.
Such bonds shall be in such denominations as shall be provided in the resolution or ordinance authorizing their issuance and shall be numbered from one upwards, consecutively, and each bond and any coupon shall be signed by the mayor and attested by the clerk or comptroller of such city: PROVIDED, HOWEVER, That any coupons may in lieu of being so signed have printed thereon a facsimile of the signature of said officers and each bond shall have the seal of such city affixed thereto and shall refer to the improvement to pay for which the same shall be issued and to the ordinance authorizing the same. Each bond shall provide that the principal sum therein named, and the interest thereon, shall be payable out of the local improvement fund created for the payment of the cost and expense of such improvement, and not otherwise. Such bonds shall not be issued in any amount in excess of the cost and expense of the improvement. The bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 § 12; 1970 ex.s. c 56 § 2; 1969 ex.s. c 232 § 64; 1925 ex.s. c 115 § 1; 1915 c 154 § 11; RRS § 9263.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.410 - Sale—Application of proceeds.

RCW 8.12.410
Sale—Application of proceeds.
(1) The bonds issued under the provisions of this chapter or any portion thereof may be sold by any authorized officer or officers of the city at not less than their par value and accrued interest, and the proceeds thereof shall be applied in payment of the awards, interest and costs of the improvement.
(2) Notwithstanding subsection (1) of this section, such bonds may be sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 § 13; 1915 c 154 § 12; RRS § 9264.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.420 - Installment payment of assessments.

RCW 8.12.420
Installment payment of assessments.
In all cases where any city shall issue bonds as provided for in this chapter, the whole or any portion of the separate assessments for any such improvement may be paid during the thirty day period provided for in RCW 8.12.430, and thereafter the sum remaining unpaid may be paid in equal annual installments; the number of which installments shall be less by two than the number of years which the bonds issued to pay for the improvements may run, with interest upon the whole unpaid sum at the bond rate, and each year thereafter one of such installments, together with the interest due thereon and on all installments thereafter to become due, shall be collected in the same manner as shall be provided by law and the resolutions and ordinances of such city for the collection of assessments for such improvements in cases where no bonds are issued: PROVIDED, HOWEVER, That whenever the legislative body of any city of the first class having a population of three hundred thousand inhabitants, or more, shall have, as provided in RCW 8.12.400, by unanimous vote determined that any bonds issued hereunder shall be payable in twenty-two years, such legislative body may by ordinance provide that the principal sum remaining unpaid after the thirty day period specified in RCW 8.12.430 may be paid in ten equal annual installments, beginning with the eleventh year and ending with the twentieth year after said thirty day period, together with interest upon the unpaid installments at the bond rate, and that in each year after the said thirty day period, to and including the tenth year thereafter, one installment of interest on the principal sum of said assessment shall be paid and collected, and that, beginning with the eleventh year after said thirty day period, one installment of the principal, together with the interest due thereon and on all installments thereafter to become due, shall be paid and collected in the same manner as shall be provided by law and the resolutions and ordinances of such city for the collection of assessments for such improvements in cases where no bonds are issued.
In all cases of improvements authorized in this chapter, where, at the time this chapter shall become effective, the notice by the city treasurer of the assessment for such improvement shall not have been published, the city council or other legislative body of such city may by ordinance or resolution provide for the issuance and sale of bonds for such improvement and for the payment of such assessments in installments.
[ 1925 ex.s. c 115 § 2; 1915 c 154 § 13; RRS § 9265.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.440 - Bond owner may enforce collection.

RCW 8.12.440
Bond owner may enforce collection.
If the city shall fail, neglect, or refuse to pay said bonds or to promptly collect any such assessments when due, the owner of any such bonds may proceed in his or her own name to collect such assessment and foreclose the lien thereof in any court of competent jurisdiction, and shall in addition to the principal of such bonds and interest thereon, recover five percent of such sum, together with the costs of such suit. Any number of owners of such bonds for any single improvement may join as plaintiffs and any number of owners of the property on which the same are a lien may be joined as defendants in such suit.
[ 2011 c 336 § 268; 1983 c 167 § 14; 1915 c 154 § 15; RRS § 9267.]
NOTES:
Rules of court: CR 17 through 25.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.450 - Bondholder's remedy limited to assessments.

RCW 8.12.450
Bondholder's remedy limited to assessments.
Neither the holder nor owner of any bond issued under the authority of this chapter shall have any claim therefor against the city by which the same is issued, except from the special assessment made for the improvement for which such bond was issued, but his or her remedy in case of nonpayment, shall be confined to the enforcement of such assessments. A copy of this section shall be plainly written, printed, or engraved on each bond so issued.
[ 2011 c 336 § 269; 1915 c 154 § 16; RRS § 9268.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.460 - Payment of bonds—Call—Notice.

RCW 8.12.460
Payment of bonds—Call—Notice.
The city treasurer shall pay the interest on the bonds authorized to be issued by this chapter out of the respective local improvement funds from which they are payable. Whenever there shall be sufficient money in any local improvement fund against which bonds have been issued under the provisions of this chapter, over and above sufficient for the payment of interest on all unpaid bonds, to pay the principal of one or more bonds, the treasurer shall call in and pay such bonds. The bonds shall be called in and paid in their numerical order, commencing with number one. The call shall be made by publication in the city official newspaper in its first publication following the delinquency of the installment of the assessment or as soon thereafter as is practicable, and shall state that bonds No. . . . . . (giving the serial numbers of the bonds called) will be paid on the day the next interest payments on the bonds shall become due, and interest on the bonds shall cease upon such date.
[ 1985 c 469 § 5; 1983 c 167 § 15; 1915 c 154 § 18; RRS § 9270.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.470 - Enforcement of collection—Interest on delinquency.

RCW 8.12.470
Enforcement of collection—Interest on delinquency.
Wherever any assessment or installment thereof shall become delinquent, the city treasurer shall enforce the collection thereof in the same manner as provided in chapter 9, Laws of 1933 [as codified in chapter 35.50 RCW], or such other laws as may be hereafter enacted for the foreclosure of delinquent local (physical) improvement assessments. All assessments or installments unpaid at the expiration of the time fixed herein for the payment of the same, shall bear interest at the rate of ten percent per annum, from said date until paid.
[ 1947 c 152 § 1; 1915 c 154 § 7; 1907 c 153 § 34; Rem. Supp. 1947 § 9248. Prior: 1905 c 55 § 34; 1893 c 84 § 34.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.480 - Assessment fund to be kept separate.

RCW 8.12.480
Assessment fund to be kept separate.
All moneys collected by the treasurer upon assessments under this chapter shall be kept as a separate fund and shall be used for no other purpose than the redemption of warrants or bonds drawn or issued against the fund.
[ 1907 c 153 § 42; RRS § 9257. Prior: 1905 c 55 § 42; 1893 c 84 § 42.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.490 - Record of payment and redemption.

RCW 8.12.490
Record of payment and redemption.
Whenever before the sale of any property the amount of any assessment thereon, with interest and costs accrued thereon, shall be paid to the treasurer, he or she shall thereupon mark the same paid, with the date of payment thereof on the assessment roll, and whenever after sale of any property for any assessments, the same shall be redeemed, he or she shall thereupon enter the same redeemed with the date of such redemption on such record. Such entry shall be made on the margin of the record opposite the description of such property.
[ 2011 c 336 § 270; 1907 c 153 § 43; RRS § 9258. Prior: 1905 c 55 § 43; 1893 c 84 § 43.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.500 - Liability of treasurer.

RCW 8.12.500
Liability of treasurer.
If the treasurer shall receive any moneys for assessments, giving a receipt therefor, for any property and afterwards return the same as unpaid, or shall receive the same after making such return, and the same be sold for assessment which has been so paid and receipted for by himself or herself or his or her clerk or assistant, he or she and his or her bond shall be liable to the holder of the certificate given to the purchaser at the sale for the amount of the face of the certificate, and a penalty of fifteen percent additional thereto besides legal interest, to be demanded within two years from the date of the sale and recovered in any court having jurisdiction of the amount, and the city shall in no case be liable to the holder of such certificate.
[ 2011 c 336 § 271; 1907 c 153 § 44; RRS § 9259. Prior: 1905 c 55 § 44; 1893 c 84 § 44.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.510 - Reassessment.

RCW 8.12.510
Reassessment.
If any assessment be annulled or set aside by any court, or be invalid for any cause, a new assessment may be made, and return and like notice given and proceedings had as herein required in relation to the first; and all parties in interest shall have the like rights, and the city council or other legislative body, and the superior court, shall perform the like duties and have like power in relation to any subsequent assessment as are hereby given in relation to the first assessment.
[ 1907 c 153 § 45; RRS § 9260. Prior: 1905 c 55 § 45; 1893 c 84 § 45.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.520 - Lien of assessment—Enforcement by civil action.

RCW 8.12.520
Lien of assessment—Enforcement by civil action.
All the assessments levied by any city under this chapter shall, from the date of the judgment confirming the assessment be a lien upon the real estate upon which the same may be imposed, and such lien shall continue until such assessments are paid; if any proceedings taken for the enforcement thereof, shall be held void or invalid, such city shall provide by ordinance for new proceedings and a new sale for the enforcement thereof in like manner as hereinbefore provided; and in addition to the remedy hereinbefore provided, any city may enforce such lien by civil action in any court of competent jurisdiction in like manner and with like effect as actions for the foreclosure of mortgage.
[ 1907 c 153 § 46; RRS § 9261. Prior: 1905 c 55 § 46; 1893 c 84 § 46.]
NOTES:
Foreclosure actions, real estate mortgages: Chapter 61.12 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.530 - Discontinuance of proceedings.

RCW 8.12.530
Discontinuance of proceedings.
At any time within six months from the date of rendition of the last judgment awarding compensation for any such improvement in the superior court, or if appellate review is sought, then within two months after the final determination of the proceeding in the supreme court or the court of appeals, any such city may discontinue the proceedings by ordinance passed for that purpose before making payment or proceeding with the improvement by paying or depositing in court all taxable costs incurred by any parties to the proceedings up to the time of such discontinuance. Except as provided in RCW 8.25.290(3), if any such improvement be discontinued, no new proceedings shall be undertaken therefor until the expiration of one year from the date of such discontinuance.
[ 2007 c 68 § 7; 1988 c 202 § 11; 1971 c 81 § 40; 1915 c 154 § 21; 1907 c 153 § 49; RRS § 9274. Prior: 1905 c 55 § 48; 1893 c 84 § 48.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.540 - Subsequent compensation for property taken or damaged.

RCW 8.12.540
Subsequent compensation for property taken or damaged.
If any city has heretofore taken or shall hereafter take possession of any land or other property, or has damaged or shall hereafter damage the same for any of the public purposes mentioned in this chapter, or for any other purpose within the authority of such city or town, without having made just compensation therefor, such city or town may cause such compensation to be ascertained and paid to the persons entitled thereto by proceedings taken in accordance with the provisions of this chapter, and the payment of such compensation and costs as shall be adjudged in favor of the persons entitled thereto in such proceedings shall be a defense to any other action for the taking or damaging of such property.
[ 1907 c 153 § 53; RRS § 9278. Prior: 1905 c 55 § 52; 1893 c 84 § 52.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.550 - Regrade assessments.

RCW 8.12.550
Regrade assessments.
If any street, avenue or alley, or the right to use and control the same for purposes of public travel, shall belong to any city and such city shall establish a grade therefor, which grade requires any cut or fill, damaging abutting property, the damages to arise from the making of such grade may be ascertained in the manner provided in this chapter, but such city may provide that the compensation to be made for such damage, together with the accruing costs, shall be added to the cost of the labor and material necessary for the grading thereof, and shall be paid by assessment upon the property within the local assessment district defined by law or the charter or ordinances of such city in the same manner and to the same extent as other expenses of such improvement are assessed and collected. In such cases it shall not be necessary to procure the appointment of commissioners to take the other proceedings herein provided for making such assessments, but all the proceedings for the assessment and collection of such damages and costs, shall, if so ordained by such city, be governed by the charter provisions, law or ordinances in force in such city for the assessment and collection of the costs of such improvements upon property locally benefited thereby: PROVIDED, HOWEVER, That this section shall not apply to the original grading of such street, avenue or alley.
[ 1909 c 80 § 1; 1907 c 153 § 48; RRS § 9273. Prior: 1905 c 55 § 47; 1893 c 84 § 47.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.560 - Construction as to second-class cities.

RCW 8.12.560
Construction as to second-class cities.
In so far as this chapter relates to cities of the second-class, this chapter shall not be deemed to be exclusive or as repealing or superseding any existing law relative to such cities, covering any subject covered by this chapter, but as to such cities, this chapter shall be construed as conferring additional powers and additional remedies, to those now provided by law.
[ 1907 c 153 § 56; RRS § 9279.]
NOTES:
Second-class cities, specific powers enumerated: RCW 35.23.440(45).
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.005 - Condemnation final actions—Notice requirements.

RCW 8.16.005
Condemnation final actions—Notice requirements.
Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290. Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.
[ 2007 c 68 § 5.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.010 - Condemnation authorized for schoolhouse sites.

RCW 8.16.010
Condemnation authorized for schoolhouse sites.
Whenever any school district shall select any real estate as a site for a schoolhouse, or as additional grounds to an existing schoolhouse site, within the district, and the board of school directors of such district and the owner or owners of the site or any part thereof, or addition thereto selected, shall be unable to agree upon the compensation to be paid by such school district to the owner or owners thereof, such school district shall have the right to take and acquire title to such real estate for use as a schoolhouse site or additional site, upon first paying to the owner or owners thereof therefor the value thereof, to be ascertained in the manner hereinafter provided.
[ 1909 p 372 § 1; 1903 c 111 § 1; RRS § 906.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.020 - Petition—Contents.

RCW 8.16.020
Petition—Contents.
The board of directors of the school district shall present to the superior court of the state of Washington in and for the county wherein is situated the real estate desired to be acquired for schoolhouse site purposes, a petition, reciting that the board of directors of such school district have selected certain real estate, describing it, as a schoolhouse site, or as additional grounds to an existing site, for such school district; that the site so selected, or some part thereof, describing it, belongs to a person or persons, naming him, her, or them, that such school district has offered to give the owner or owners thereof therefor . . . . . . dollars, and that the owner of such real estate has refused to accept the same therefor; that the board of school directors of such school district and the said owner or owners of such real estate are unable to agree upon the compensation to be paid by such school district to the owner or owners of such real estate therefor, and praying that a jury be impaneled to ascertain and determine the compensation to be made in money by such school district to such owner or owners for the taking of such real estate for the use as a schoolhouse site for such school district; or in case a jury be waived in the manner provided by law in other civil actions in courts of record, then that the compensation to be made as aforesaid, be ascertained and determined by the court, or judge thereof.
[ 2011 c 336 § 272; 1909 p 372 § 2; 1903 c 111 § 2; RRS § 907.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.030 - Notice of petition—Service.

RCW 8.16.030
Notice of petition—Service.
A notice, stating the time and place when and where such petition shall be presented to the court, or the judge thereof, together with a copy of such petition, shall be served on each and every person named therein as owner, or otherwise interested therein, at least ten days previous to the time designated in such notice for the presentation of such petition. Such notice shall be signed by the prosecuting attorney of the county wherein the real estate sought to be taken is situated, and may be served in the same manner as summons in a civil action in such superior court is authorized by law to be served.
[ 1909 p 373 § 3; 1903 c 111 § 3; RRS § 908.]
NOTES:
Publication of notice in eminent domain proceedings: RCW 4.28.120.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.040 - Adjournment of proceedings—Further notice.

RCW 8.16.040
Adjournment of proceedings—Further notice.
The court may, upon application of the petitioner or of any owner of said real estate, or any person interested therein, for reasonable cause, adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interests may be affected by such proceedings.
[ 1909 p 373 § 4; 1903 c 111 § 4; RRS § 909.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.050 - Hearing—Finding of necessity—Setting for trial.

RCW 8.16.050
Hearing—Finding of necessity—Setting for trial.
At the time and place appointed for the hearing of such petition, or to which the same may have been adjourned, if the court shall find that all parties interested in such real estate sought to be taken have been duly served with notice and a copy of the petition as above prescribed, and shall further find that such real estate sought to be taken is required and necessary for the purposes of a schoolhouse site, or as an addition to a schoolhouse site, for such school district, the court shall make an order reciting such findings, and shall thereupon set the hearing of such petition down for trial by a jury, as other civil actions are tried, unless a jury is waived in the manner provided by law in other civil actions.
[ 1909 p 373 § 5; RRS § 910. Prior: 1903 c 111 § 5.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.060 - Impaneling of jury.

RCW 8.16.060
Impaneling of jury.
The jury impaneled to hear the evidence and determine the compensation to be paid to the owner or owners of such real estate desired for such schoolhouse site purpose shall consist of twelve persons unless a less number be agreed upon, and shall be selected, impaneled, and sworn in the same manner that juries in other civil actions are selected, impaneled, and sworn, provided a juror may be challenged for cause on the ground that he or she is a taxpayer of the district seeking the condemnation of any real estate.
[ 2011 c 336 § 273; 1909 p 373 § 6; 1903 c 111 § 6; RRS § 911.]
NOTES:
Juries, civil actions, selection, impaneling and swearing of: Chapters 2.36, 4.44 RCW.
Juries in courts of limited jurisdiction: RCW 2.36.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.070 - Trial—View by jury.

RCW 8.16.070
Trial—View by jury.
A judge of the superior court shall preside at the trial and witnesses may be examined in behalf of either party to the proceedings, as in other civil actions, and upon the request of all the parties interested in such proceedings the court shall cause the jury impaneled to hear the same, to view the premises sought to be taken, and upon the request of any less number of the persons interested in the proceedings, the court may cause the jury to view the premises, pending the hearing of the case.
[ 1909 p 374 § 7; 1903 c 111 § 7; RRS § 912.]
NOTES:
Trial, civil actions, view by jury: RCW 4.44.270.