reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.280 - Organization of board—Warrants, how issued.

RCW 85.05.280
Organization of board—Warrants, how issued.
The board of commissioners of such district shall elect one of their number chair and shall either elect one of their number, or appoint a voter of the district, as secretary, who shall keep minutes of all the district's proceedings. The board of commissioners may issue warrants of such district in payment of all claims of indebtedness against such district. Such warrants shall be in form and substance the same as county warrants and shall draw the legal rate of interest from the date of their presentation to the treasurer for payment, as hereinafter provided, and shall be signed by the chair and attested by the secretary of the board: PROVIDED, That no warrants shall be issued by the board of commissioners in payment of any indebtedness of such district for less than the face or par value.
[ 1991 c 245 § 35; 1985 c 396 § 38; 1895 c 117 § 28; RRS § 4277. Formerly RCW 85.04.040, part and RCW 85.04.165, part.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.355 - Special assessment bonds.

RCW 85.05.355
Special assessment bonds.
Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 23.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.360 - Warrants—When and how paid.

RCW 85.05.360
Warrants—When and how paid.
All warrants issued under the provisions of this chapter shall be presented by the owners thereof to the county treasurer in accordance with chapter 36.29 RCW.
[ 1991 c 245 § 36; 1986 c 278 § 29; 1895 c 117 § 36; RRS § 4286. Formerly RCW 85.04.170, part.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.365 - Certificates of delinquency—Foreclosure—Sale—Use of proceeds.

RCW 85.05.365
Certificates of delinquency—Foreclosure—Sale—Use of proceeds.
Whenever any diking district assessments levied under this act shall remain unpaid for a period of four years from the date when such assessment becomes due and payable, the diking district, which levied said assessment or assessments is hereby empowered and authorized, through its board of commissioners, to make application to the county treasurer of the county in which said diking district is located, for a certificate of delinquency to be issued to it for said delinquent assessments and delinquent interest thereon. And the county treasurer shall issue to said diking district a certificate of delinquency in the same manner and form as to an individual: PROVIDED, HOWEVER, That it shall not be necessary or required for said diking district to pay to said county treasurer any part or portion of said delinquent assessments or interest thereon, but payment of general taxes and interest due upon said general taxes, upon said diked lands will be sufficient payment by said diking district to entitle it to have said certificate of delinquency issued to it. Said diking district shall be empowered to foreclose said certificate or certificates and take title in said district the same as delinquent tax certificates are foreclosed by individuals. After acquiring title to any such lands through such foreclosure proceedings, the diking district, through its commissioners, may offer for sale and sell all, or any part, of such lands, in the same manner as counties are authorized to offer for sale and sell lands acquired by counties through delinquent tax foreclosure sales; and to issue a deed of conveyance therefor to the purchaser, executed by the commissioners of the diking district in behalf of the district, and attested by the clerk of the district. All revenue derived by the diking district from the sale of any such lands shall be first used for the redemption of any bonds and interest outstanding against said diking district which is due and payable, and the remainder thereof, if any, shall be applied to the payment of maintenance warrants, or other indebtedness, of the district, which is due and owing, in the priority deemed best by the board of diking commissioners.
[ 1931 c 55 § 1; 1929 c 111 § 1; RRS § 4286-1. Formerly RCW 85.04.510, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.366 - Funds to purchase delinquent certificates.

RCW 85.05.366
Funds to purchase delinquent certificates.
For the purpose of raising funds to purchase certificates of delinquency each diking district is authorized to levy an annual assessment upon the acreage contained within the diking district at the same time and in the same manner as other assessments of the district are levied; and for the purpose of raising funds to purchase certificates of delinquency upon delinquent diking district assessments during the year 1929, each diking district is authorized to issue emergency warrants, the payment and redemption of which shall be provided for at regular annual meeting in the year 1929; and thereafter all amounts raised for the purchase of delinquent diking assessment certificates shall be provided for at the regular annual meeting set for such purpose.
[ 1929 c 111 § 2; RRS § 4286-2. Formerly RCW 85.04.515.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.367 - Lands owned by district exempt from taxation.

RCW 85.05.367
Lands owned by district exempt from taxation.
Any and all lands purchased and acquired by the diking district through foreclosure of delinquent assessment certificates shall, so long as owned by, or until sold by, such diking district, be exempt from general state and county taxes.
[ 1929 c 111 § 3; RRS § 4286-3. Formerly RCW 85.04.510, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.370 - Trial—Findings and forms of verdict.

RCW 85.05.370
Trial—Findings and forms of verdict.
Upon the trial of any questions of issue by a jury under the provisions of this act, the trial court may, in its discretion, submit all questions to be found by the jury in the form of separate findings, or may submit to such jury separate forms of verdict on all such questions to be found by the jury therein.
[ 1895 c 117 § 37; RRS § 4287. Formerly RCW 85.04.205, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.380 - Public lands subject to assessment—Rights and liabilities of public corporations.

RCW 85.05.380
Public lands subject to assessment—Rights and liabilities of public corporations.
All state, county, school district or other lands belonging to other public corporations requiring to be diked as a protection from overflow shall be subjected to the provisions of this act, and such corporations, by and through the proper authorities, shall be made parties in all proceedings therein affecting said lands and shall have the same rights and liable to the same right of eminent domain as private persons, and their lands shall be subject to the right of eminent domain the same as the lands of private persons or corporations.
[ 1895 c 117 § 38; RRS § 4288. Formerly RCW 85.04.110, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.390 - Assessments on public lands—How paid.

RCW 85.05.390
Assessments on public lands—How paid.
In case lands belonging to the state, county, school district or other public corporations are benefited by any improvement instituted under the provisions of this chapter, all benefits shall be assessed against such lands, and the same shall be paid by the proper authorities of such public corporations at the times and in the same manner as assessments are called and paid in case of private persons out of any general fund of such corporation; and also all costs of repair and maintenance of such diking system shall be levied against and apportioned to such lands of such public corporations, whether owned at the time of the original improvement or subsequently acquired either by deed through delinquent tax foreclosure or otherwise, in the same manner as such costs of repair and maintenance are levied against and apportioned to lands belonging to private persons, and the same shall also be paid out of any general fund of such corporation.
[ 1927 c 277 § 1; 1895 c 117 § 39; RRS § 4289. Formerly RCW 85.04.110, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.400 - Fees for service of process.

RCW 85.05.400
Fees for service of process.
Fees for service of all process necessary to be served under the provisions of this act shall be the same as for like services in other civil cases, or as is or may be provided by law.
[ 1895 c 117 § 40; RRS § 4290. Formerly RCW 85.04.200, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.420 - Powers of court—Injunctions.

RCW 85.05.420
Powers of court—Injunctions.
The court may compel the performance of the duties imposed by this act and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose.
[ 1895 c 117 § 42; RRS § 4292.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.430 - Sale of unneeded property—Authorized.

RCW 85.05.430
Sale of unneeded property—Authorized.
Whenever, in the judgment of a board of commissioners of any diking district heretofore or hereafter organized, real or personal property, or any part thereof, owned by said district, is no longer of use to or needed by such district, or if personal property has become obsolete, the same may be sold by the board of commissioners of said district at public or private sale.
[ 1955 c 342 § 2. Formerly RCW 85.04.550.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.440 - Sale of unneeded property—Resolution of intention—Notice of hearing—Publication and posting.

RCW 85.05.440
Sale of unneeded property—Resolution of intention—Notice of hearing—Publication and posting.
Whenever in the judgment of the commissioners of any diking district, it is advisable so to sell real or personal property, the board of commissioners of such district shall pass a resolution declaring its intention to make such sale, describing the property to be sold and stating the terms of such sale. The resolution shall set a date upon which the board shall meet, to determine whether or not such sale shall be made. Thereafter a copy of such declaratory resolution and a notice of hearing thereon shall be posted under the direction of the board, in three public places in such district at least ten days before the date of hearing. The notice shall state the time and place of hearing, describe the property to be sold and the terms of the proposed sale. In addition a copy of such resolution and of such notice of hearing thereon shall be published twice, at least two weeks prior to such proposed sale in some newspaper qualified for legal publication in accordance with the provisions of chapter 65.16 RCW, of general publication in the county in which such diking district is located.
[ 1955 c 342 § 3. Formerly RCW 85.04.551.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.450 - Sale of unneeded property—Protests—Resolution of final action—Conveyance.

RCW 85.05.450
Sale of unneeded property—Protests—Resolution of final action—Conveyance.
At the time set for hearing, or at any time to which said hearing may be adjourned, any district elector within such district may appear and file a written protest against the proposed action of the board, which protest shall state clearly the basis thereof. At such hearing, which shall be public, the board shall give full consideration to the proposed sale and all protests filed, either written or oral and on said date or at any adjourned date, take final action thereon by resolution of the board. This resolution shall provide that upon payment of the purchase price involved, conveyance of the property shall be made by a majority of the board of said district, by deed if the property be real property; by bill of sale if the property be personal property, conveying the property sold to the purchaser thereof, and such conveyance shall pass to the purchaser such title as the district has to the property.
[ 1955 c 342 § 4. Formerly RCW 85.04.552.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.460 - Sale of unneeded property—Conveyance delayed if protests filed—Appeal.

RCW 85.05.460
Sale of unneeded property—Conveyance delayed if protests filed—Appeal.
If protests be filed against such sale, such conveyance shall not be executed or delivered until more than ten days elapse from the date of the hearing at which the resolution directing the sale, was passed. If appeal be taken by a protestant from the action of the board, such conveyance shall not be executed until termination of proceedings on appeal is had, and then only if the result of such appeal does not prevent such sale.
[ 1955 c 342 § 5. Formerly RCW 85.04.553.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.470 - Sale of unneeded property—Direct action in superior court by protestant on final order.

RCW 85.05.470
Sale of unneeded property—Direct action in superior court by protestant on final order.
Any protestant who filed a protest prior to the final order of the board, may appeal from such final order, but to do so must within ten days from the date said order was entered, bring direct action in the superior court in the county wherein such district or portion thereof is situated, against such board of commissioners in their official capacity, which action shall be prosecuted under the procedure of civil actions, with appellate review as provided in civil actions. In any such action so brought, the order of the board shall be conclusive of the regularity and propriety of the proceedings, and all other matters, except it shall be open to attack upon the ground of fraud, unfair dealing, arbitrary or unreasonable action of the board.
[ 1988 c 202 § 73; 1971 c 81 § 158; 1955 c 342 § 6. Formerly RCW 85.04.554.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.490 - Levy for preliminary expenses.

RCW 85.05.490
Levy for preliminary expenses.
Whenever the board of county commissioners have passed a resolution establishing a diking district and prior to the commencement or the completion of the work of such improvement, the county commissioners may, and at the request of the diking commission shall, at the time of levying taxes each year until the improvement has been completed and a statement of the total costs has been filed, levy an assessment against the property within the district to defray the preliminary expenses of the district; the levy to be based upon the estimated benefits as shown by the report of the county engineer on file with the auditor, if such report is on file, and if not, as shown by the certificate or resolution of the diking commissioners of said diking district. The assessment so made shall be credited to the respective pieces of property. The preliminary assessment herein provided for shall be levied and collected in the same manner as county and state taxes are levied and collected, which amount shall be credited to the construction fund and used for the redemption of warrants issued against the same, which warrants shall be called and paid in numerical order.
[ 1933 c 39 § 1; RRS § 4247-1. Formerly RCW 85.04.405, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.500 - Levy for preliminary expenses—Preliminary expenses defined.

RCW 85.05.500
Levy for preliminary expenses—Preliminary expenses defined.
Preliminary expenses shall mean all of the expenses incurred in the proceedings for the organization of said district and in other ways to be incurred prior to the beginning of actual construction of the improvement and shall be paid from the fund hereby created from time to time upon call of the treasurer.
[ 1933 c 39 § 2; RRS § 4247-2. Formerly RCW 85.04.405, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.540 - Plat of reclaimed land—Benefits to be determined and paid.

RCW 85.05.540
Plat of reclaimed land—Benefits to be determined and paid.
Where tide or other unsurveyed lands are reclaimed by a diking district and the owner of said lands shall desire to plat the same into lots, tracts or subdivisions, such plat shall specify and acknowledge the total benefits then a charge against each lot, tract or subdivision in said plat. Before a plat shall be approved or filed, same shall be submitted to the board of dike commissioners for their consideration. In case the owner and such board cannot agree as to the adjudged maximum benefits to be charged as the lien of the district and acknowledged to be such against each lot, tract or subdivision in such plat, any interested party may cause an action to be brought in the superior court of the county to have the just amount determined, and the decree of the court in such cause shall fix the amount of such lien and the same shall be conclusive and binding. In fixing the amount to be charged against the several lots, tracts and subdivisions, the adjudged benefits per acre, allowing credits for the benefits levied and paid at said time, shall be taken as the basis for determining the sum to be charged. The amount of adjudged benefits against property dedicated to the public for roads and highways in such plat shall be charged back against the abutting subdivisions and tracts in a just and equitable manner. All diking district assessments levied against the lands included in the plat shall be paid in full at the time said plat is approved. When approved such plat shall be filed with the county auditor of the county. Thereafter the lands within said plat shall be conveyed, assessed and taxed with reference to said plat.
[ 1925 ex.s. c 69 § 4; RRS § 4292-4. Formerly RCW 85.04.505.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.550 - Plat of reclaimed land—Construction, application of RCW 85.05.510 through 85.05.550.

RCW 85.05.550
Plat of reclaimed land—Construction, application of RCW 85.05.510 through 85.05.550.
Nothing in RCW 85.05.510 through 85.05.550 shall be construed as repealing or modifying any act or statute now in force pertaining to diking districts, but the rights and remedies hereby granted shall be deemed cumulative as to the districts to which RCW 85.05.510 through 85.05.550 is limited. RCW 85.05.510 through 85.05.550 shall apply to districts heretofore or hereafter organized and to property owners' petitions heretofore or hereafter filed; provided that the decision of the board of dike commissioners of a district to which RCW 85.05.510 through 85.05.550 applies to issue bonds of a district under existing law or under RCW 85.05.510 through 85.05.550, shall be conclusive of such election.
[ 1925 ex.s. c 69 § 5; RRS § 4292-5. Formerly RCW 85.04.490, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.605 - Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.

RCW 85.05.605
Annexation of territory—Consolidation of special districts—Suspension of operations—Reactivation.
Diking districts may annex territory, consolidate with other special districts, and have their operations suspended and be reactivated, in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 11.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.610 - Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress.

RCW 85.05.610
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress.
Notwithstanding the provisions of *RCW 85.05.020, any diking or drainage district or diking and drainage district organized pursuant to chapter 85.05 RCW as now or hereafter amended, may annex and assume, or such district may be organized for the purpose of assuming, and may take over, maintain, operate and extend any diking and drainage systems which have been heretofore erected and operated or may be hereafter erected and operated by the government of the United States of America or any political subdivision or agency thereof, whenever the congress of the United States by permissive legislation authorizes the transfer of maintenance and operations functions to state and local nonfederal agencies.
[ 1967 c 184 § 19.]
NOTES:
*Reviser's note: RCW 85.05.020 was repealed by 1985 c 396 § 87. For special district creation and operation see chapter 85.38 RCW.
Severability—1967 c 184: "If any provision of this 1967 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 184 § 25.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.620 - Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Indian trust lands and restricted lands may be included, when.

RCW 85.05.620
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Indian trust lands and restricted lands may be included, when.
Any district organized pursuant to RCW 85.05.610 or pursuant to any other provisions of chapter 85.05 RCW as now or hereafter amended may include any Indian trust lands and restricted lands whenever the congress of the United States (1) authorizes the inclusion of such lands in such district and (2) provides authority for such district to assess and to tax such lands for necessary expenses in the maintenance, operations and capital improvements on such diking and drainage system.
[ 1967 c 184 § 20.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.630 - Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Vesting of right, title and interest to dikes and land.

RCW 85.05.630
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Vesting of right, title and interest to dikes and land.
Whenever the congress of the United States provides for the transfer of all right, title and interest to any dikes and to the lands upon which they are situated to any state or local nonfederal agency, the title to such land and to the dikes shall pass to the county wherein the dikes are situated for the use and benefit of any district which may be organized pursuant to RCW 85.05.610 or pursuant to any other provisions of chapter 85.05 RCW as now or hereafter amended, until completion of organization of such district. In any case in which a district has been organized, all right, title and interest to such lands and dikes shall vest immediately in the diking and drainage district.
[ 1967 c 184 § 21.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.640 - Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Definitions.

RCW 85.05.640
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Definitions.
For purposes of RCW 85.05.610 through 85.05.650:
(1) The word "owner" as it appears in chapter 85.05 RCW shall include the owner of any undivided interest in any tract of land within the district boundaries, whether Indian trust land or restricted land, or non-Indian land;
(2) The "acreage" owned by any owner in any undivided estate interest shall be computed by multiplying the owner's fractional undivided interest against the total acreage embraced within a particular tract or lot assessed; and
(3) The names of the owners of Indian lands, the size of Indian tracts and lots, the fractional undivided interest therein and the "acreage" of each owner as determined according to the provisions of subsection (2) of this section shall, in any proceeding to organize and operate a district under the provisions of RCW 85.05.610 or pursuant to any other provision of chapter 85.05 RCW as now or hereafter amended, be conclusively determined by the certificate of the superintendent of the Indian agency of the Bureau of Indian Affairs having supervision over the Indian reservation in which such Indian lands may be located or by the certificate of the area director over the Bureau of Indian Affairs area encompassing such lands; and such certificate shall be accepted in lieu of all other evidence in the records of the county in which such lands are situated.
[ 1967 c 184 § 22.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.05 - Diking Districts. › 85.05.650 - Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Ratification and confirmation of prior acts.

RCW 85.05.650
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress—Ratification and confirmation of prior acts.
The acts and resolutions of all boards of county commissioners heretofore authorizing the organization and operation of any diking and drainage districts, following any provisions of chapter 85.05 RCW, and the acts and resolutions of all diking and drainage districts heretofore organized following acts of congress permitting the taking over and operation and maintenance of existing diking and drainage systems by the state and local nonfederal governmental agencies, are ratified and confirmed.
[ 1967 c 184 § 23.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.010 - Districts authorized—Powers—Management.

RCW 85.06.010
Districts authorized—Powers—Management.
Any portion of a county, requiring drainage, which contains five or more inhabitants and freeholders therein may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power herein conferred or that may hereafter be conferred by law upon such district and board of commissioners, and said district shall be known and designated as drainage district No. . . . . (here insert number), of the county of . . . . . . (here insert the name of the county), of the state of Washington, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession, and shall adopt and use a seal. The commissioners hereinafter provided for and their successors in office shall, from the time of the organization of such drainage district, have the power, and it shall be their duty, to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as hereinafter provided, or that may hereafter be provided by law.
[ 1895 c 115 § 1; RRS § 4298. Formerly RCW 85.04.005, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.015 - Certain powers and rights governed by chapter 85.38 RCW.

RCW 85.06.015
Certain powers and rights governed by chapter 85.38 RCW.
Drainage districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW.
[ 1985 c 396 § 32.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.070 - Eminent domain powers—Purchase of real property authorized.

RCW 85.06.070
Eminent domain powers—Purchase of real property authorized.
All drainage districts organized or that may hereafter be organized under the provisions of this chapter or the acts amendatory thereof shall have the right of eminent domain, with the power by and through its board of commissioners, to cause to be condemned and appropriated private property for the use of said corporation in the construction and maintenance of a system or systems of drainage, and make just compensation therefor, and such right of eminent domain may be exercised either within or without the boundaries of such districts, and may be exercised with respect to rights-of-way for ditches, drains, dams, outlets or any other necessary appliances or structures and whether for the original system or any additions, enlargements or extensions thereof or for additional outlets or systems of drainage: PROVIDED, That the property of private corporations may be subjected to the same rights of eminent domain as that of private individuals: PROVIDED, FURTHER, That the said board of commissioners shall have the power to acquire by purchase all the real property necessary to make the improvements herein provided for.
[ 1919 c 179 § 2; 1895 c 115 § 7; RRS § 4305. Formerly RCW 85.04.605, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.080 - Commissioners—Powers and duties.

RCW 85.06.080
Commissioners—Powers and duties.
The board of drainage commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The board shall have exclusive charge of the construction and maintenance of all drainage systems which may be constructed by said district and shall be the executive officers thereof, with full power to bind said district by their acts in the performance of their duties as provided by law.
[ 1985 c 396 § 41; 1913 c 86 § 3; 1895 c 115 § 8; RRS § 4306. Formerly RCW 85.04.045, part.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.100 - Petition for improvement—Employment of assistants—Compensation as costs in suit.

RCW 85.06.100
Petition for improvement—Employment of assistants—Compensation as costs in suit.
In the preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the matter to the superior court, the board of commissioners of said drainage district may employ one or more good and competent surveyors and drafters to assist them in compiling data required to be presented to the court with said petition, as hereinbefore provided, and such legal assistance as may be necessary, with full power to bind said district for the compensation of such assistants or employees employed by them, and such services shall be taxed as costs in the suit.
[ 2013 c 23 § 389; 1895 c 115 § 10; RRS § 4259. Formerly RCW 85.04.055, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.125 - Special assessments—Budgets—Alternative methods.

RCW 85.06.125
Special assessments—Budgets—Alternative methods.
RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which drainage districts in existence as of July 28, 1985, may measure and impose special assessments and adopt budgets. RCW 85.38.150 through 85.38.170 constitute the exclusive method by which drainage districts created after July 28, 1985, may measure and impose special assessments and adopt budgets.
[ 1985 c 396 § 25.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.140 - Dismissal of proceedings, when—Costs.

RCW 85.06.140
Dismissal of proceedings, when—Costs.
In case the damages or amount of compensation for such right-of-way, together with the estimated costs of the improvement, amount to more than the maximum amount of benefits which will be derived from said improvement, or, if said improvement is not practicable, or will not be conducive to the public health, welfare and convenience, or will not increase the public revenue, or will not have sufficient outlet, the court shall dismiss such proceedings, and in such case a judgment shall be rendered for the costs of said proceedings against said district, and no further proceedings shall be had or done therein; and upon the payment of the costs, said organization shall be dissolved by decree of said court.
[ 1895 c 115 § 14; RRS § 4312. Formerly RCW 85.04.070, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.150 - Procedure to claim awards.

RCW 85.06.150
Procedure to claim awards.
Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this chapter, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he or she is entitled to the same, the court shall make an order directing the payment to such claimant of the portion of such money as he or she or it may be found entitled to; but if, upon application, the court or judge thereof shall decide that the title to the land, real estate, or premises specified in the application of such claimant is in such condition as to require that an action be commenced to determine the title of claimants thereto, it shall refuse such order until such action is commenced and the conflicting claims to such land, real estate, or premises be determined according to law.
[ 2013 c 23 § 392; 1895 c 115 § 15; RRS § 4313. Formerly RCW 85.04.210, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.160 - Transcript of benefits to auditor—Assessments—Collection—Supplemental assessment.

RCW 85.06.160
Transcript of benefits to auditor—Assessments—Collection—Supplemental assessment.
Upon the entry of the judgment upon the verdict of the jury, the clerk of said court shall immediately prepare a transcript, which shall contain a list of the names of all the persons and corporations benefited by said improvement and the amount of benefit derived by each, respectively, and shall duly certify the same, together with a list of the lands benefited by said improvement belonging to each person and corporation, and shall file the same with the auditor of the county, who shall immediately enter the same upon the tax rolls of his or her office, as provided by law for the entry of other taxes, against the land of each of the said persons named in said list, together with the amounts thereof, and the same shall be subject to the same interest and penalties in case of delinquency as in case of general taxes, and shall be collected in the same manner as other taxes and subject to the same right of redemption, and the lands sold for the collection of said taxes shall be subject to the same right of redemption as the sale of lands for general taxes: PROVIDED, That said assessments shall not become due and payable except at such time or times and in such amounts as may be designated by the board of commissioners of said drainage district, which designation shall be made to the county auditor by said board of commissioners of said drainage district, by serving written notice upon the county auditor designating the time and the amount of the assessment, said assessment to be in proportion to benefits to become due and payable, which amount shall fall due at the time of the falling due of general taxes, and the amount so designated shall be added by the auditor to the general taxes of said person, persons, or corporation, according to said notice, upon the assessment rolls in his or her said office, and collected therewith; PROVIDED FURTHER, That no one call for assessments by said commissioners shall be in an amount to exceed twenty-five percent of the amount estimated by the board of commissioners to be necessary to pay the costs of the proceedings, and the establishment of said district and drainage system and the cost of construction of said work; PROVIDED FURTHER, That where the amount realized from the original assessment and tax shall not prove sufficient to complete the original plans and specifications of any drainage system, alterations, extensions, or changes therein, for which the said original assessment was made, the board of commissioners of said district shall make such further assessment as may be necessary to complete said system according to the original plans and specifications, which assessment shall be made and collected in the manner provided in this section for the original assessment.
[ 2013 c 23 § 393; 1907 c 242 § 1; 1895 c 115 § 16; RRS § 4316. Formerly RCW 85.04.080, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.180 - Construction—Contractors—Performance bonds.

RCW 85.06.180
Construction—Contractors—Performance bonds.
After the filing of said certificate said commissioners of such drainage district shall proceed at once in the construction of said improvement, and in carrying on said construction or any extensions thereof they shall have full charge and management thereof, and shall have the power to employ such assistance as they may deem necessary and purchase all material that may be necessary in the construction and carrying on of the work of said improvement, and shall have power to let the whole or any portion of said work to any responsible contractor, and shall in such case enter into all necessary agreements with such contractor that may be necessary in the premises: PROVIDED, That in case the whole or any portion of said improvement is let to any contractor said commissioners shall require said contractor to give a bond in double the amount of the contract price of the whole or of such portion of said work covered by said contract, with two or more sureties to be approved by the board of commissioners of said drainage district and running to said district as obligee therein, conditioned for the faithful and accurate performance of said contract by said contractor, his or her executors, administrators, or assigns, according to the terms and conditions of said agreement, and shall cause said contractor to enter into a further or additional bond in the same amount, with two or more good and sufficient sureties to be approved by said board of commissioners of said drainage district in the name of said district as obligee therein, conditioned that said contractor, his or her executors, administrators, or assigns, or subcontractor, his or her executors, administrators, or assigns, performing the whole or any portion of said work under contract of said original contractor, shall pay or cause to be paid all just claims for all persons performing labor or rendering services in the construction of said work, or furnishing materials, merchandise, or provisions of any kind or character used by said contractor or subcontractor, or any employee thereof in the construction of said improvement: PROVIDED FURTHER, That no sureties on said last mentioned bond shall be liable thereon unless the persons or corporation performing said labor and furnishing said materials, goods, wares, merchandise, and provisions, shall, within ninety days after the completion of said improvement, file their claim, duly verified; that the amount is just and due and remains unpaid, with the board of commissioners of said drainage district.
[ 2013 c 23 § 394; 1895 c 115 § 18; RRS § 4318. Formerly RCW 85.04.095, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.200 - Payments on contracts—Retained percentage.

RCW 85.06.200
Payments on contracts—Retained percentage.
During the construction of said improvement said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: PROVIDED, That no allowance or payment shall be made for said work to any contractor or subcontractor to exceed seventy-five percent of the proportionate amount of the work completed by such contractor or subcontractor, and twenty-five percent of the contract price shall be reserved at all times by said board of commissioners until said work is wholly completed, and shall not be paid upon the completion of said work until ninety days have expired for the presentation of all claims for labor performed and materials, goods, wares, merchandise and provisions furnished or used in the construction of said improvements; and upon the completion of said work and the payment of all claims hereinbefore provided for according to the terms and conditions of said contract, said commissioners shall accept said improvement and pay the contract price therefor.
[ 1895 c 115 § 20; RRS § 4320. Formerly RCW 85.04.105, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.210 - Connecting private drains—Procedure—Costs.

RCW 85.06.210
Connecting private drains—Procedure—Costs.
Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any persons or corporations shall desire to drain such lands into said system and shall find it necessary, in order to do so, to procure the right-of-way over the land of another, or others, and if consent thereto cannot be procured from such person or persons, then such landowner may present in writing a request to the board of commissioners of said district, setting forth therein the necessity of being able to connect his or her private drainage with said system, and pray therein that said system be extended to such point as he or she may designate in said writing, and immediately thereon said board of commissioners shall cause a petition to be filed in the superior court, for and in the name of said drainage district, requesting in said petition that said system be extended as requested, setting forth therein the necessity thereof and praying that leave be granted by the board to extend the system in accordance with the prayer of said petition, and the proceedings in such case, upon the presentation of such petition and the hearing thereof, shall be, in all matters, the same as in the hearing and presentation of the original petition for the establishment of the original system of drainage in said district, as far as applicable. That the costs in such proceedings shall be paid from the assessment of benefits to be made on the lands of the person or persons benefited by such extension, and the assessment and compensation for the right-of-way, damages and benefits, and payment of damages and compensation, and the collection of the assessments for benefits, shall be the same as in the proceedings under the original petition, and the construction of the said extension shall be made under the same provisions as the construction of the original improvement; and all things that may be done or performed in connection therewith shall be, as near as may be applicable, in accordance with the provisions already set forth herein for the establishment and construction of said original improvement: PROVIDED, That such petitioner or petitioners shall, at the time of filing such petition by said drainage commissioners, enter into a good and sufficient bond to said drainage district in the full penal sum of five hundred dollars, with two or more sureties, to be approved by the court, conditioned for the payment of all costs in case the prayer of said petition should not be granted, which bond shall be filed in said cause.
[ 2013 c 23 § 395; 1895 c 115 § 21; RRS § 4321. Formerly RCW 85.04.640.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.230 - City or town may act as or be included in drainage district.

RCW 85.06.230
City or town may act as or be included in drainage district.
Any town or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a drainage district under the provisions of this chapter, or the whole or any portion of any such town or city may be included with other territory in a common district under the provisions for the establishment thereof as provided for herein.
[ 1895 c 115 § 23; RRS § 4323. Formerly RCW 85.04.115, part.]
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.250 - Organization of board—Warrants, how issued.

RCW 85.06.250
Organization of board—Warrants, how issued.
The board of commissioners of such district shall elect one of their number chair and shall either elect one of their number, or appoint a voter of the district, as secretary, who shall keep minutes of all the district's proceedings. The board of commissioners may issue warrants of such district in payment of all claims of indebtedness against such district, which shall be in form and substance the same as county warrants, or as near the same as may be practicable, and shall draw the legal rate of interest from the date of their presentation to the treasurer for payment, as hereinafter provided, and shall be signed by the chair and attested by the secretary of said board: PROVIDED, That no warrants shall be issued by said board of commissioners in payment of any indebtedness of such district for less than the face or par value.
[ 2013 c 23 § 396; 1985 c 396 § 42; 1895 c 115 § 25; RRS § 4325. Formerly RCW 85.04.040, part and 85.04.165, part.]
NOTES:
2023 Revised Code of Washington › Title 85 - Diking and Drainage › Chapter 85.06 - Drainage Districts and Miscellaneous Drainage Provisions. › 85.06.255 - Special assessment bonds.

RCW 85.06.255
Special assessment bonds.
Special assessment bonds and notes shall be issued and sold in accordance with chapter 85.38 RCW.
[ 1986 c 278 § 24.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.