Revised Code of Washington - RCW Title 85 Diking And Drainage - Chapter 85.05 Diking Districts

85.05.010 Districts authorized -- Powers -- Management
Any portion of a county requiring diking may be organized into a diking district, and when so organized, such district, and the board of commissioners ...

85.05.065 Certain powers and rights governed by chapter 85.38 RCW
Diking districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in ...

85.05.070 Eminent domain -- Powers of district
All diking districts organized under the provisions of this act shall have the right of eminent domain with the power by and through its board ...

85.05.071 Resolution to construct drainage system
Before entering upon the construction of any system of drainage for the land situated within such diking district, the commissioners thereof shall adopt a resolution ...

85.05.072 Resolution to construct drainage system -- Notice of hearing
Notice of the hearing shall be given by posting in three public places within the district a true copy of the resolution signed by the ...

85.05.073 Resolution to construct drainage system -- Procedure in absence of objections
At the time fixed, the commissioners shall meet and if no objections have been made to the proposed improvement or to the proposed method of ...

85.05.074 Resolution to construct drainage system -- Objections to improvement
But if objections in writing are filed either to the proposed improvement or to the proposed method of paying the costs thereof, the commissioners shall ...

85.05.075 Resolution to construct drainage system -- Assessment of benefits
In case the commissioners at such hearing shall determine that the benefits accruing to any lot or parcel of lands within said district by reason ...

85.05.076 Resolution to construct drainage system -- Appeal to supreme court -- Trial de novo
Any person deeming himself aggrieved by the assessment for benefits made against any lot or parcel of land owned by him, may appeal therefrom to ...

85.05.077 Resolution to construct drainage system -- Assessments for drains and dikes to be segregated
In all cases wherein it is finally determined that the assessments for the system of drainage differ from the assessment theretofore made, as to any ...

85.05.078 Resolution to construct drainage system -- Bonds to construct drainage system
Authority is hereby given to any diking district heretofore organized, or that may be hereafter organized, to issue bonds of such diking district for the ...

85.05.079 Resolution to construct drainage system -- Appellate review
Either the dike commissioners or any landowner who has appealed to the superior court in accordance with the provisions of *this act may seek appellate ...

85.05.080 Rights-of-way on public land
The right, power and authority to acquire the necessary and needed rights-of-way for any and all purposes now existing by law or created by this ...

85.05.081 Organization -- Matters to be set in notices, petitions or proceedings
In all proceedings hereafter had to organize diking districts, all notices, petitions or proceedings shall contain and set forth all matters and things required by ...

85.05.082 Beds and shores of streams granted to district
All the right, title and interest of the state of Washington in and to so much of the beds and shores of any navigable river, ...

85.05.083 Auditor to sign petition for his county, when
Whenever the county owns any land situated within the boundaries of a proposed diking district, the county auditor, when so directed by the board of ...

85.05.085 Commissioners, duty of
The board of dike commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and the elected commissioners elected, as provided in ...

85.05.090 Petition for improvement -- Contents
Whenever it is desired to prosecute the construction of a system of dikes within said district, said district, by and through its board of commissioners, ...

85.05.100 Petition for improvement -- Employment of assistants -- Compensation as costs in suits
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 ...

85.05.110 Summons -- Contents -- Service
A summons stating briefly the objects of the petition and containing a description of the land, real estate, premises or property sought to be appropriated, ...

85.05.120 Appearance of defendants -- Jury -- Verdict -- Decree
Any or all of said defendants may appear jointly or separately, and admit or deny the allegations of said petition, and plead any affirmative matter ...

85.05.130 Assessment of benefited lands formerly omitted -- Procedure -- Appeals
If at any time it shall appear to the board of diking commissioners that any lands within or without said district as originally established are ...

85.05.135 Special assessments -- Budgets -- Alternative methods
RCW 85.38.140 through 85.38.170 constitute a mutually exclusive alternative method by which diking districts in existence as of July 28, 1985, may measure and impose ...

85.05.140 Proceedings may be dismissed when
In case the damages or amount of compensation for such right-of-way, together with the estimated cost of the improvement, amount to more than the maximum ...

85.05.150 Procedure to claim awards
Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this act, may apply to the ...

85.05.160 Transcript of benefits to auditor -- Assessments -- Collection
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 ...

85.05.170 Tax to pay cost on dismissal
In the event of the dismissal of said proceedings and the rendition of judgment against said district, as hereinbefore provided, said diking commissioners shall levy ...

85.05.180 Construction -- Contractors -- Performance bonds
After the filing of said certificate said commissioners of such diking district shall proceed at once in the construction of said improvements, and in carrying ...

85.05.190 Substantial changes in plans -- Procedure
The work on said improvement shall begin without delay, and shall be carried on with all expedition possible, and said board of commissioners of said ...

85.05.200 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 ...

85.05.210 Private dikes, how connected -- Additional plans -- Costs
In case any diking district organized under the provisions of this act desires to connect its system of dikes with the system of dikes of ...

85.05.220 Connecting with other diking systems
In case it shall be found necessary to enlarge or strengthen the system of dikes sought to be connected with, by reason of such connection, ...

85.05.230 Action by district to prevent washing away of stream banks
Where any diking system is sought to be constructed by any district organized under the provisions of this act along any river or watercourse to ...

85.05.240 Action by district to prevent washing away of stream banks -- Expenses for appropriation of land
Whenever any land is appropriated along the bank of any river or watercourse, as provided for in the last preceding section, the expenses of such ...

85.05.250 Dikes along public road
In the construction of any diking system under the provisions of this act, where it is desired to construct the same along the right-of-way of ...

85.05.260 Incorporated town may act as or be included in diking district
Any town or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a diking district under the provisions of this ...

85.05.270 Estimate for maintenance and repair -- Emergency expenditures
On or before the first day of November of each year the diking commissioners shall, and on or before the first Monday in October of ...

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 ...

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: ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

85.05.410 Commissioners -- Compensation and expenses
Members of the board of diking commissioners of any diking district in this state may receive as compensation the sum of up to ninety dollars ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...