reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.060 - Determination of special benefits—Hearing.

RCW 85.16.060
Determination of special benefits—Hearing.
At any time and from time to time, after completion of the original construction of any such district's system of improvements or after the completion of any alteration, reduction, enlargement, addition to, or other improvement of the system not constituting maintenance, as herein defined, the board may upon their own initiative, or upon petition filed by at least ten percent of the total number of owners of property within the district subject to assessments for maintenance, as shown by the latest assessment roll of the district shall, fix a date for and hold a hearing at the county seat for the purpose of determining or redetermining the special benefits accruing from the maintenance of the district's system of improvements to all property benefited thereby.
[ 1961 c 16 § 2. Prior: 1951 c 63 § 1; 1949 c 26 § 4, part; Rem. Supp. 1949 § 4459-23, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.070 - Notice of hearing.

RCW 85.16.070
Notice of hearing.
Notice of the hearing shall be given by publication in the official county newspaper and in such other newspaper published in or near the district as the county legislative authority may in its discretion direct, once a week for two consecutive weeks, the last publication of which shall be not less than seven nor more than fourteen days before the date of the hearing. Also, the county legislative authority shall serve by mail, at least ten days before the hearing, upon the commissioner of public lands of the state two copies of the published notice of the hearing together with a statement showing the amount of benefits determined by the appraisers in respect of each parcel of state, school, granted, or other lands owned by the state in the district, and shall similarly serve notice of the hearing upon the secretary of transportation, with a statement showing the amount of benefits determined by the appraisers in respect of any state primary or secondary highways within the district.
[ 1984 c 7 § 378; 1949 c 26 § 6; Rem. Supp. 1949 § 4459-25.]
NOTES:
Reviser's note: The powers and duties of the commissioner of public lands have been transferred to the department of natural resources; see 1957 c 38 §§ 1, 13; RCW 43.30.010, 43.30.411.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.080 - Appraisal of special benefits.

RCW 85.16.080
Appraisal of special benefits.
At or within two weeks of the time of fixing the date for such hearing the board shall appoint three qualified appraisers, at least one of whom shall be a resident of the county in which said district is situated, who shall qualify as provided in RCW 85.08.360. Thereupon said appraisers shall proceed immediately to carefully examine the district's system of improvements and the public and private property within the district, and fairly, justly and equitably determine and apportion the special benefits which will accrue from the maintenance of the district's system of improvements to each piece or parcel of privately and publicly owned land, together with the buildings and other permanent improvements thereon, and to the state, county, cities, towns and other municipal corporations for their roads and streets and other property within the district. The fact that any such property shall be exempt from general taxes shall not exempt the same from the provisions hereof.
[ 1961 c 16 § 3. Prior: 1949 c 26 § 4, part; Rem. Supp. 1949 § 4459-23, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.090 - Factors to be considered in making appraisal—Report and schedule.

RCW 85.16.090
Factors to be considered in making appraisal—Report and schedule.
The appraisers shall carefully consider and take into account all factors, situations and conditions which lawfully may be taken into consideration as bearing upon and determining such benefits and to that end may make such investigations, hold such hearings, and receive such evidence as they may deem proper and shall file their sworn report, with a complete schedule of all property within the district and the special benefits determined by them as accruing to each piece and parcel thereof, not less than twenty days prior to the date fixed for the hearing by the board.
[ 1949 c 26 § 5; Rem. Supp. 1949 § 4459-24. Formerly RCW 85.16.090 and 85.16.100.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.110 - Separate appraisals and schedules for diking and drainage benefits.

RCW 85.16.110
Separate appraisals and schedules for diking and drainage benefits.
In a district which functions both as a diking and a drainage improvement district, the appraisers, if so directed in the order of the board appointing them, shall determine separately, in accordance with RCW 85.16.060 and 85.16.080, the special benefits accruing to the various properties within the district from the maintenance of the diking system and from the maintenance of the drainage system, and in such case their report shall contain separate schedules of the respective benefits accruing from the maintenance of the diking and drainage systems of improvement considered separately and, so far as may be, independently of each other.
[ 1961 c 16 § 4; 1949 c 26 § 7; Rem. Supp. 1949 § 4459-26.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.115 - Determining special benefit to portion of lot, tract, or parcel.

RCW 85.16.115
Determining special benefit to portion of lot, tract, or parcel.
When any person applies to the county treasurer to pay the diking, drainage or sewerage improvement district assessments upon a portion of a lot, tract or parcel upon which special benefits have been confirmed, the county treasurer shall refer such matter to the county engineer for investigation. The county engineer shall apportion the total benefits found as to such lot, tract or parcel between the portions thereof in such manner as may be fair, just and equitable taking into account all factors, situations and conditions which may be lawfully taken into consideration in determining such special benefits. Unless the several owners interested in said lot, tract or parcel assent to the apportionment so made, the county engineer shall give notice to the apportionment by mail to them, if known. Upon assent of the interested owners or after the expiration of five days from the date of notice without the filing of a written protest to the apportionment, the county engineer shall certify in writing the apportioned benefit valuations to the county treasurer. The county treasurer, upon receipt of such certification, shall accept payment and issue receipt on the certified apportionment. If a written protest to such apportionment is filed with the county treasurer, the matter shall be heard by the county commissioners at their next regular session for final apportionment and the county treasurer shall accept and receipt for such assessments as determined and ordered by the county commissioners.
[ 1951 c 63 § 4.]
NOTES:
County road engineer: Chapter 36.80 RCW.
District engineer: RCW 85.08.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.120 - Apportionment of levy for extraordinary expenditures—Appraisal and hearing.

RCW 85.16.120
Apportionment of levy for extraordinary expenditures—Appraisal and hearing.
Whenever the board shall provide that a levy to meet extraordinary maintenance expenditures shall be spread over a term of years and warrants or bonds issued as provided in RCW 85.16.030, said board shall fix a date for and hold a hearing and appoint appraisers as provided in RCW 85.16.060 and 85.16.080. Said appraisers, in addition to discharging the duties imposed upon the appraisers by RCW 85.16.060, 85.16.080 and 85.16.090, shall: (1) Apportion the estimated costs of such extraordinary maintenance work to the properties within the district in proportion to the benefits accruing to said properties from the maintenance of the district's system of improvements as determined by them; and (2) file a complete schedule of said apportionment of costs with the board.
[ 1961 c 16 § 5; 1949 c 26 § 8; Rem. Supp. 1949 § 4459-27.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.130 - Conduct of hearing on appraisers' report—Correction, etc., of schedules.

RCW 85.16.130
Conduct of hearing on appraisers' report—Correction, etc., of schedules.
At the hearing upon the report of the appraisers, which may be adjourned from time to time until finally completed, the board shall carefully examine and consider the special benefits and the apportionment of estimated costs determined by the appraisers and reported in the schedule or schedules, and any objections thereto which shall have been made in writing and filed with the board on or prior to ten o'clock a.m. of the date fixed for such hearing. Each objector shall be given reasonable time and opportunity to submit evidence and be heard on the merits of his or her objections. At the conclusion of such hearing, the board shall so correct, revise, raise, lower, change, or modify such schedule or schedules, or any part thereof, or strike therefrom any property not specially benefited, as to said board shall appear equitable and just. The board shall cause the clerk of the board to enter on each such schedule or schedules all such additions, cancellations, changes, and modifications made by it.
[ 2013 c 23 § 423; 1949 c 26 § 9; Rem. Supp. 1949 § 4459-28. Formerly RCW 85.16.130 and 85.16.140.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.150 - Approval of schedules—Separate funds for diking, drainage systems.

RCW 85.16.150
Approval of schedules—Separate funds for diking, drainage systems.
When the board shall have determined that the schedule or schedules of benefits and/or apportionment of costs as filed or as changed and modified by it are fair, just and equitable and, if estimated costs have been apportioned, that said benefits equal or exceed said costs apportioned, the members of the board approving the same shall sign said schedule or schedules and cause the clerk of the board to attest their signatures under his or her seal, and shall enter an order in the journal approving and confirming the final determination of such benefits and apportionment of costs and all proceedings leading thereto and in connection therewith. If separate schedules be established for maintenance of the diking system and of the drainage system, the board shall by order establish two separate maintenance funds, one for the maintenance of the diking system and one for the maintenance of the drainage system.
[ 2013 c 23 § 424; 1949 c 26 § 10; Rem. Supp. 1949 § 4459-29.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.160 - Roll of benefits—Benefits to be basis of levies.

RCW 85.16.160
Roll of benefits—Benefits to be basis of levies.
Upon the approval and final determination of benefits the auditor shall immediately prepare a completed roll thereof, which shall contain a copy of the order of the board approving and confirming said benefits as finally determined, and shall deliver said roll to the treasurer. Said benefits shall be the basis for the apportionment and collection of maintenance levies thereafter made by the board.
[ 1949 c 26 § 11; Rem. Supp. 1949 § 4459-30.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.170 - Levy for extraordinary expenditures—Roll.

RCW 85.16.170
Levy for extraordinary expenditures—Roll.
Upon the approval and final determination of the apportionment of estimated costs of extraordinary maintenance expenditures as provided in RCW 85.16.120 and 85.16.130, the board shall levy the amounts so apportioned against all the properties benefited and the amounts assessed against the state, county, cities and towns, and other municipal corporations benefited, and the auditor shall immediately prepare a completed roll thereof, which shall contain a copy of the order of the board approving and confirming said apportionment of estimated costs as finally determined and fixing and levying the assessments therefor, and shall deliver said roll to the treasurer for collection in accordance with the order of the board.
[ 1949 c 26 § 12; Rem. Supp. 1949 § 4459-31.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.180 - Authorizing extraordinary work—Temporary construction warrants.

RCW 85.16.180
Authorizing extraordinary work—Temporary construction warrants.
The county legislative authority shall thereupon enter an order authorizing the contemplated extraordinary maintenance work to be done and authorizing the issuance of temporary construction warrants to pay the cost of said work as it progresses, which warrants may bear interest at such rate or rates of interest as the county legislative authority shall determine. Warrants to pay the costs of such extraordinary maintenance may be issued and sold at one time or from time to time and in such series and amounts as may be found practicable and as determined by the board.
[ 1986 c 278 § 34; 1983 c 167 § 198; 1970 ex.s. c 56 § 92; 1969 ex.s. c 232 § 54; 1949 c 26 § 13; Rem. Supp. 1949 § 4459-32. Formerly RCW 85.16.040 and 85.16.180.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
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 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.190 - Judicial review—Regularity, validity of proceedings.

RCW 85.16.190
Judicial review—Regularity, validity of proceedings.
The decision of the board upon any objections to the determination of benefits and/or apportionment of costs and/or the levy of the assessments therefor, made within the time and in the manner prescribed in RCW 85.16.130, may be reviewed by the superior court of the county in which the district is situated and thereafter by the supreme court or the court of appeals within the time and in the manner and upon the conditions, so far as applicable, provided in RCW 85.08.440, with respect to appeals from and appellate review of the board's apportionment of the cost of construction of the district's system of improvements. The provisions of RCW 85.08.450, shall be controlling as to the regularity, validity, and conclusiveness of all the proceedings hereunder.
[ 1988 c 202 § 79; 1971 c 81 § 164; 1949 c 26 § 14; Rem. Supp. 1949 § 4459-33.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.200 - Redetermination of special benefits—Hearing.

RCW 85.16.200
Redetermination of special benefits—Hearing.
Whenever, after the determination of special benefits accruing from the maintenance of the district's system of improvements, it appears to the board from a petition filed by the affected property owner or owners or otherwise, that by reason of permanent improvements or additions made, removed, abandoned or destroyed by fire or other casualty, or of other changes in the character or condition of the property, the benefits theretofore determined in respect to any one or more pieces or parcels of property are no longer fair, just and equitable, then the board shall appoint three appraisers who shall qualify as in RCW 85.08.360 hereof. Said appraisers shall proceed immediately to carefully examine the pieces or parcels of property as to which since the last determination of special benefits thereto there have been permanent improvements or additions made, removed, abandoned or destroyed by fire or other casualty or other changes in the character or condition of the property. Said appraisers shall file their sworn report with the board setting forth the special benefits determined by them as accruing to each piece and parcel of property examined by them not less than ten days prior to the date of hearing. The board shall hold a hearing thereon at the county seat at the time of equalization of the real property assessment and shall give notice thereof as provided in RCW 85.16.070.
[ 1951 c 63 § 2; 1949 c 26 § 15; Rem. Supp. 1949 § 4459-34.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.210 - Conduct of hearing on special benefits—Modification of schedules—Judicial review.

RCW 85.16.210
Conduct of hearing on special benefits—Modification of schedules—Judicial review.
At such hearing, which may be adjourned from time to time as may be necessary to give all persons interested or affected a reasonable opportunity to be heard, and after consideration of all evidence offered and all factors, situations, and conditions bearing upon or determinative of the benefits accruing and to accrue to such pieces or parcels of property, the board shall correct, revise, raise, lower, or otherwise change or confirm the benefits as theretofore determined, in respect of such pieces or parcels of property, as to it shall seem fair, just, and equitable under the circumstances, and thereafter such proceedings shall be had with respect to the confirmation or determination of the benefits and making and filing of a roll thereof, as are in RCW 85.16.130, 85.16.150, and 85.16.160 provided. Any property owner affected by any change thus made in the determination of benefits accruing to his or her property who shall have appeared at the hearing by the board and made written objections thereto as provided in RCW 85.16.130, may appeal from the action of the board to the superior court and seek appellate review by the supreme court or the court of appeals, within the time, in the manner and upon the conditions, so far as applicable, provided in RCW 85.08.440, with respect to appeals from the order of the board confirming the apportionment of the original cost of construction.
[ 2013 c 23 § 426; 1988 c 202 § 80; 1971 c 81 § 165; 1949 c 26 § 16; Rem. Supp. 1949 § 4459-35.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.220 - Other provisions shall apply—Exceptions.

RCW 85.16.220
Other provisions shall apply—Exceptions.
The provisions of *RCW 85.08.280, 85.08.310, 85.08.320, 85.08.420, 85.08.430, and 85.08.480 through 85.08.520, shall be deemed and hereby are made a part of this chapter insofar as they may be applicable hereto, except that the unpaid assessments or installments thereof, which may have been levied for extraordinary maintenance costs as provided in RCW 85.16.170, shall bear interest at a rate determined by the county legislative authority.
[ 1981 c 156 § 25; 1949 c 26 § 17; Rem. Supp. 1949 § 4459-36.]
NOTES:
*Reviser's note: RCW 85.08.280 was repealed by 1986 c 278 § 46.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.16 - Maintenance Costs and Levies—Improvement Districts. › 85.16.230 - Erroneous assessment—Correction.

RCW 85.16.230
Erroneous assessment—Correction.
Whenever any payer of a diking, drainage, or sewerage improvement district maintenance assessment believes that, through obvious error in name, number, description, amount of benefit valuation, double assessment, or extension, or other obvious error, property on which he or she has paid an assessment has been erroneously assessed, he or she may pay such assessment under protest. If, within thirty days after such payment under protest, he or she files with the board a written verified petition setting out his or her name, address, and legal description of the property, the nature of the obvious error alleged to have been made, and the date and amount of any assessment paid thereon, the board shall cause such claim to be investigated. If upon investigation any assessment is found to be erroneous through obvious error, the board shall order such assessment to be corrected if no bond or long term warrant issue is affected. Where correction is ordered of an erroneous assessment already collected, the auditor, upon receipt of a certified copy of the board's order of correction, shall refund to the person paying the assessment the difference between the correct assessment and the erroneous assessment, plus legal interest on such difference from date of payment, by a warrant drawn on the maintenance fund of the district.
[ 2013 c 23 § 427; 1951 c 63 § 3.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.005 - Declaration of purpose.

RCW 85.18.005
Declaration of purpose.
The state declares that it has an interest in protecting and preserving productive land and buildings needed to make business function continuously. Where organized diking districts, through their improvements, have reclaimed land or protected it from overflow and have enabled erection of improvements thereon or have furnished such land and buildings protection against flood water, it is necessary to provide a just and equitable method to enable such diking districts continuously to function effectively. It is declared that there is a direct relationship, where such conditions exist, between the continuous functioning of such districts and the fair value of the lands and buildings thereon, or to be erected thereon, thus afforded protection.
[ 1951 c 45 § 1.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.010 - Levy for continuous benefits authorized—Base benefits.

RCW 85.18.010
Levy for continuous benefits authorized—Base benefits.
When any diking district has been organized and the improvements made afford protection to land and buildings within such district against damage or destruction from overflow waters in that the level of the land and of the foundational structures of buildings thereon is below the water level at flood or high tide stages of the waters, fresh or salt, against which such district improvements furnished protection, the board of diking commissioners of such district may, under the procedure established in this chapter, determine such fact and by resolution so declare; and may provide that the cost of continued functioning of the district shall be paid through levies of dollar rates made and collected according to this chapter against the land and buildings thus protected, based upon the determined base benefits received by such land and buildings.
[ 1973 1st ex.s. c 195 § 115; 1951 c 45 § 2.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.020 - Roll of protected property.

RCW 85.18.020
Roll of protected property.
To operate under this chapter, the board shall cause to be prepared and filed with it a roll containing descriptions of the land and buildings thereon within the district to which its improvements furnish the nature of protection set forth in RCW 85.18.010. The roll shall show descriptions of the land and the name of its owner, or reputed owner, and such owner's address, as shown upon the tax roll of the treasurer of the county wherein the property is located, and the determined value of such land and any buildings thereon as last assessed and equalized by the taxing agencies of such county.
[ 1951 c 45 § 3.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.030 - Hearing on roll—Determining continuous base benefit.

RCW 85.18.030
Hearing on roll—Determining continuous base benefit.
After the roll is prepared the board shall give notice of a time and place at which the board will hold a public hearing to determine whether the facts and conditions heretofore recited in this chapter as a prerequisite to its application do or do not exist, and if so found to exist by said board at said hearing, then the board shall by resolution so declare. The notice shall also state that at said hearing, or any continuance thereof, the board will sit to consider said roll and to determine the continuous base benefits which each of the properties thereon are receiving and will receive from the continued operation and functioning of such district, which shall in no instance exceed one hundred percent of the true and fair value of such property in money, will consider all objections made thereto or to any part thereof, and will correct, revise, lower, change, or modify such roll as shall appear just and equitable; that when correct benefits are fixed upon said roll by said board, it will adopt said roll by resolution as establishing, until modified as hereinafter provided, the continuous base benefit to said protected lands and buildings against which will be levied and collected dollar rates to provide funds for the continuous functioning of said district.
[ 1973 1st ex.s. c 195 § 116; 1951 c 45 § 4.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.040 - Notice of hearing.

RCW 85.18.040
Notice of hearing.
The notice of the time and place of hearing shall be given to any owner, or reputed owner, of the property which is listed on the roll as aforesaid, by mailing a copy thereof at least thirty days before the date fixed for the hearing to the owner or owners at his or her or their address as shown on the tax rolls of the county treasurer for the property described. In addition thereto, the notice shall be published at least once a week for three consecutive weeks in a newspaper of general circulation in the district. At least fifteen days must elapse between the last date of publication thereof and the date fixed for the hearing.
[ 2013 c 23 § 428; 1985 c 469 § 76; 1951 c 45 § 5.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.050 - Procedure on hearing—Objections.

RCW 85.18.050
Procedure on hearing—Objections.
At said hearing, or adjournments thereof, the board shall review said roll and determine the continuous base benefits to land and buildings furnished continuous protection by the improvement system of the district; hear objections to the adoption of said roll; correct, revise, change, modify or set aside such roll, or any part thereof, as to the board shall appear equitable and just; and then adopt the same by resolution. All objections to this or any subsequent roll must be in writing and filed with the board during the hearing before the roll is adopted and must state clearly the grounds of objection. Objections not made within the time and in the manner herein prescribed shall be conclusively presumed to have been waived.
[ 1951 c 45 § 6.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.060 - Additional roll as to particular property—Procedure.

RCW 85.18.060
Additional roll as to particular property—Procedure.
The board shall, from time to time, examine the properties within said district, and if it finds that any protected land or buildings thereon have been omitted from the existing roll, or new buildings have been added to lands, or the condition of land or buildings has changed, and in the initial judgment of the board such land or the buildings thereon was such that it was furnished the protective benefits of the improvements of the district, the board shall cause at each such time an additional roll of such property to be filed with it, and hold a hearing to determine and make such corrections, additions, alterations and modifications of the benefits to such property only, and to hear any objections filed as to such property only. The board shall give notice of such hearing to the owner, or reputed owner, of the property involved, at the address of such owner as then shown on the tax rolls of the treasurer of the county wherein the property is located, in the same way and manner as herein provided for consideration of the original roll, but such notice need not be published.
At the hearing, or any adjournment thereof, the board shall have power to correct, revise, change, modify, or set aside such roll, or any part thereof, as shall be deemed just and equitable, and then adopt the same by resolution.
[ 1951 c 45 § 7.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.070 - Roll to be certified and filed.

RCW 85.18.070
Roll to be certified and filed.
When any roll or additional or supplemental roll be adopted by the board of commissioners, the same shall be certified to, and filed with, the auditor of the county wherein the property contained on said roll is situated, and shall supplement said original roll.
[ 1951 c 45 § 8.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.080 - Roll to provide basis for levy.

RCW 85.18.080
Roll to provide basis for levy.
Until further modified, amended, or changed by an additional or supplemental roll certified to the county auditor after the foregoing procedure is had, the original roll, as modified or supplemented, if the same is done, shall serve as the base of benefits to the land and buildings protected by the improvement system of said district against which dollar rate is levied and collected from time to time for the continued functioning of said diking district.
[ 1973 1st ex.s. c 195 § 117; 1951 c 45 § 9.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.090 - Roll and proceedings conclusive—Exceptions—Right to injunction.

RCW 85.18.090
Roll and proceedings conclusive—Exceptions—Right to injunction.
Whenever any roll shall have been adopted by the board of commissioners, the regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties, and it cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll as provided in RCW 85.18.050 and appealing from the action of the board in confirming such roll in the manner and within the time in this chapter provided. No proceeding of any kind, except proceedings had through the process of appeal as in this chapter provided, shall be commenced or prosecuted or may be maintained, for the purpose of defeating or contesting any assessment or charge made through levies under this chapter, or the sale of any property to pay such charges: PROVIDED, HOWEVER, That suit in injunction may be brought to prevent collection of charges of assessments or sale of property thereunder upon the following grounds and no other:
(1) That the property charged or about to be sold does not appear upon the district roll filed with the county auditor, or
(2) The charge has been paid.
[ 1951 c 45 § 10.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.100 - Review by superior court—How taken.

RCW 85.18.100
Review by superior court—How taken.
The decision of the board of commissioners upon any objection made within the time and in the manner prescribed may be reviewed by the superior court of the county wherein the property in question is located, upon appeal thereto taken in the following manner: Any person aggrieved must file his or her petition for writ of review with the clerk of the superior court wherein the property is located within ten days after the roll affecting such aggrieved party was adopted by resolution, and serve a copy thereof upon the commissioners. The petition shall describe the property in question, set forth the written objections which were made to the decision, the date of filing of such objections, and be signed by such party or one in his or her behalf. The court shall forthwith grant such petition if correct as to form and filed in accordance with this chapter.
[ 2013 c 23 § 429; 1951 c 45 § 11.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.110 - Review by superior court—Transcript—Contents—Filing.

RCW 85.18.110
Review by superior court—Transcript—Contents—Filing.
Within ten days from the filing of such petition for review, the commission, unless the court shall grant additional time, shall file with the clerk of such court its certified transcript containing such portion of the roll as is subject to review, any written objections thereto filed with the board by the person reviewing before said roll was adopted, and a copy of the resolution adopting the roll.
[ 1951 c 45 § 12.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.120 - Review by superior court—Filing fee—Bond—Priority of cause.

RCW 85.18.120
Review by superior court—Filing fee—Bond—Priority of cause.
The county clerk shall charge the same filing fees for petitions for review as in civil actions. At the time of the filing of such petition with the clerk, the appellant shall execute and file a bond in the penal sum of two hundred dollars, with at least two sureties, to be approved by the judge of said court, conditioned upon his or her prosecuting his or her appeal without delay and to guarantee all costs which may be assessed against him or her by reason of such review. The court shall, on motion of either party to the cause, with notice to the other party, set said cause for trial at the earliest time available to the court, fixing a date for hearing and trial without a jury. Said cause shall have preference over all civil actions pending in said court except eminent domain and forcible entry and detainer proceedings.
[ 2013 c 23 § 430; 1951 c 45 § 13.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.130 - Review by superior court—Scope—Judgment.

RCW 85.18.130
Review by superior court—Scope—Judgment.
At the trial the court shall determine whether the board has acted within its discretion and has correctly construed and applied the law. If it finds that it has, the finding of the board shall be affirmed; otherwise it shall be reversed or modified. The judgment of the court may change, confirm, correct, or modify the values of the property in question as shown upon the roll, and a certified copy thereof shall be filed with the county auditor, who shall change, modify or correct as and if required.
[ 1951 c 45 § 14.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.140 - Appellate review.

RCW 85.18.140
Appellate review.
Appellate review may be sought as in other civil cases: PROVIDED, HOWEVER, That review must be sought within fifteen days after the date of entry of the judgment of the superior court. The supreme court or the court of appeals, on such appeal, may change, confirm, correct or modify the values of the property in question as shown upon the roll. A certified copy of any judgment of the supreme court or the court of appeals shall be filed with the county auditor having custody of such roll, who shall thereupon change, modify, or correct such roll in accordance with such decision if required.
[ 1988 c 202 § 81; 1971 c 81 § 166; 1951 c 45 § 15.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.150 - Levy is for continuous benefits only.

RCW 85.18.150
Levy is for continuous benefits only.
The dollar rate levy returns collected from time to time under this chapter are solely assessments for benefits received continuously by the protected properties, calculated in the manner specified in this chapter as a just and equitable way for all protected property to share the expense of such required protection.
[ 1973 1st ex.s. c 195 § 118; 1951 c 45 § 16.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.160 - Annual estimate of costs—Levy as part of general taxes.

RCW 85.18.160
Annual estimate of costs—Levy as part of general taxes.
The board of commissioners of any diking district proceeding under this chapter shall, on or before the first day of November of each year, make an estimate of the costs reasonably anticipated to be required for the effective functioning of such district during the ensuing year and until further revenue therefor can be made available, and cause its chair or secretary to certify the same on or before said date to the county auditor, and the amount so certified shall be levied by the regular taxing agencies against the base benefits to the lands and buildings within such district as shown by the then current complete roll of such properties and the determined benefits thereto as therefore certified to and filed with such county auditor by the commissioners of such district. When thus levied, the amount of assessment produced thereby shall be added by the general taxing authorities to the general taxes against said lands and collected therewith as a part thereof. If unpaid, any delinquencies in such assessments shall bear interest at the same rate and in the same manner as general taxes and they shall be included in and be made a part of any general tax foreclosure proceedings, according to the provisions of law with relation to such foreclosures. As assessment collections are made, the county treasurer shall credit the same to the funds of such district.
[ 2013 c 23 § 425; 1951 c 45 § 17.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.170 - Emergency expenditures—Warrants.

RCW 85.18.170
Emergency expenditures—Warrants.
In the case of an emergency or disaster not in contemplation at the time of making the annual estimate of costs, declared to be such by resolution of such board, the diking commissioners may incur additional obligations and issue valid warrants therefor in excess of such estimate, in the manner provided by law for issuance of warrants by diking districts and the servicing thereof, and all such warrants so issued shall be valid and legal obligations of such district and its taxable lands and improvements as shown upon the then current roll of said district filed with the county auditor.
[ 1951 c 45 § 18.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.18 - Levy for Continuous Benefits—Diking Districts. › 85.18.180 - Levy is exclusive method for raising revenue—Exception.

RCW 85.18.180
Levy is exclusive method for raising revenue—Exception.
Any diking district operating under this chapter shall not use the processes provided for raising revenue under any other law: PROVIDED, That any such other method of raising revenue provided by law may be used concurrently for the sole purpose of extinguishing indebtedness incurred before the district adopts the procedure of this chapter, and no funds raised hereunder shall be used to pay such prior indebtedness.
[ 1951 c 45 § 19.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.010 - Reorganization authorized.

RCW 85.20.010
Reorganization authorized.
Any drainage district or diking district organized under the provisions of chapter 115 or chapter 117 of the Laws of 1895, and the acts amendatory thereof, may be reorganized as a drainage improvement district or a diking improvement district, upon proceedings had in accordance with the provisions of this chapter.
[ 1917 c 131 § 1; RRS § 4347. FORMER PART OF SECTION: 1933 c 182 § 1, now codified as RCW 85.22.010.]
NOTES:
Reviser's note: Chapter 115, Laws of 1895 referred to herein is the basic diking district act codified as chapter 85.06 RCW, Part I, and chapter 117, Laws of 1895 is the basic drainage district act codified as chapter 85.05 RCW.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.020 - Petition to reorganize—Contents.

RCW 85.20.020
Petition to reorganize—Contents.
For the purpose of securing such reorganization, a petition shall be presented to the clerk of the board of county commissioners of the county in which such district is located, at a regular or special meeting of the board. The petition shall be signed by the board of commissioners of the district and shall state the number of the district seeking to reorganize, and shall pray that such district be reorganized as a drainage or a diking improvement district.
[ 1917 c 131 § 2; RRS § 4348. FORMER PART OF SECTION: 1933 c 182 § 2 now codified as RCW 85.22.020.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.030 - Elections—Notice—Publication—Costs.

RCW 85.20.030
Elections—Notice—Publication—Costs.
Whenever a petition is presented as provided in RCW 85.20.020, the county legislative authority shall order an election to be held to determine if the district shall be reorganized. The county legislative authority shall specify the election date which may or may not be at the normal special district general election. Notice of the election shall be posted and published, and the election shall be conducted, as for any special district election. The notice shall state the number of the district so petitioning to reorganize, the place where and the time when the election is to be held. The auditor shall certify the results of the election to the county legislative authority. If the proposition to reorganize the district is approved by a simple majority vote of the voters voting on the proposition, the district shall be reorganized as either a diking improvement district or drainage improvement district upon the county legislative authority ordering the reorganization. The district shall be liable to the county for its costs incurred for the election.
[ 1985 c 396 § 48; 1917 c 131 § 3; RRS § 4349. FORMER PART OF SECTION: 1933 c 182 § 3 now codified as RCW 85.22.030.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.050 - Reorganized district—Board—Indebtedness not affected.

RCW 85.20.050
Reorganized district—Board—Indebtedness not affected.
The board of commissioners of the drainage or diking district shall constitute the board of supervisors of the reorganized district. From the entry of an order under RCW 85.20.030 reorganizing the district, such reorganized district, and its board of supervisors, shall have all the rights and powers of and be subject to all laws applicable to a diking or drainage improvement district, and such district so reorganized shall be dissolved without any further proceedings therefor. Notwithstanding such dissolution and reorganization, none of the outstanding bonds, warrants or other indebtedness of the district, shall be affected thereby; and all lands liable to be assessed to pay any of such bonds, warrants or other indebtedness shall remain liable to the same extent as if such reorganization had not been made, and any and all assessments theretofore levied or made against any such lands shall be and remain unimpaired and shall be collected in the same manner as if no such reorganization had been had. The legislative authority of the county in which such reorganized district is situated shall have all the powers possessed at the time of the reorganization by the board of commissioners of such district to levy, assess, and cause to be collected any and all assessments or charges against any of the lands within such district that may be necessary or required to provide funds for the payment of all the bonds, warrants and other indebtedness thereof.
[ 1985 c 396 § 49; 1917 c 131 § 5; RRS § 4351. FORMER PART OF SECTION: 1933 c 182 § 5, part, now codified in RCW 85.22.050. Formerly RCW 85.20.050, part and 85.20.060, part.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.070 - Refunding bonds.

RCW 85.20.070
Refunding bonds.
Whenever in any district reorganized under the provisions of this chapter any bonds issued prior to such reorganization shall become payable and the county legislative authority determines that it is in the interest of the property owners of the district to have refunding bonds issued, the county legislative authority may authorize the district to issue refunding bonds in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 35; 1917 c 131 § 6; RRS § 4352. FORMER PART OF SECTION: 1933 c 182 § 6, now codified as RCW 85.22.060.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.20 - Reorganization of Districts Into Improvement Districts—1917 Act. › 85.20.120 - Sale and issuance of refunding bonds.

RCW 85.20.120
Sale and issuance of refunding bonds.
Upon the expiration of thirty days from the first publication of the notice given by the treasurer as provided herein, the county legislative authority of the county in which all or the major part of the district is located may issue and sell refunding bonds of the district subject to chapter 85.38 RCW.
[ 1986 c 278 § 36; 1917 c 131 § 11; RRS § 4357. FORMER PART OF SECTION: 1933 c 182 § 11 now codified as RCW 85.22.110.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.