Revised Code of Washington - RCW Title 91 Waterways - Chapter 91.08 Public Waterways

91.08.010 Public waterways authorized
Whenever in any county of this state the owners of lands bordering upon or accessible to any navigable water shall desire to improve their said ...

91.08.020 Accessible lands defined
Lands shall be deemed accessible to such waterway when by reason of their nearness to the same their value will be materially increased by the ...

91.08.030 Petition -- By whom signed -- Contents -- Notice of filing -- Discharge of proceedings
The plan of such proposed waterway shall be presented to the board by a written petition of owners of lands which it is represented will ...

91.08.060 Cost bond filed with petition
Said petitioners shall at the time of filing their petition with the board, file a bond executed by one or more of their number as ...

91.08.070 Petition may be amended -- Order for hearing -- Notice -- Record
The petition, after the filing thereof, shall be taken up and considered by the county legislative authority at the next regular or special meeting thereof, ...

91.08.080 Hearing -- Findings -- Order
At the time and place prescribed in the said notice any owner of land within said proposed improvement district may file with the board his ...

91.08.090 Board's powers and duties -- In general -- County immune from expense
Upon the entry of an order creating such waterway district by the board, it shall have power to perform all the duties and exercise all ...

91.08.100 Board's powers and duties -- Right of eminent domain
Said board shall have the right of eminent domain for the acquisition of lands necessary to the construction or widening of the proposed waterway, and ...

91.08.110 Bridging part of cost
Whenever in aid of the construction or widening of any such waterway it shall be necessary to cross or disturb any existing public highway or ...

91.08.120 Eminent domain -- Order to acquire or condemn property
Whenever the said board shall desire to condemn and acquire land, or damage lands or property for any purpose authorized by this chapter, said board ...

91.08.130 Eminent domain -- Petition to condemn
The board shall file a petition, verified by its chairman and signed by the prosecuting attorney, in the superior court of the county, praying that ...

91.08.140 Eminent domain -- Summons
Upon the filing of the petition aforesaid a summons returnable as summons in other civil actions, shall be issued and served upon the persons made ...

91.08.150 Eminent domain -- Service in case of public lands -- Legal counsel
In case the land or other property sought to be taken or damaged is state land, the summons and copy of petition shall be served ...

91.08.160 Eminent domain -- Finding of public use -- Jury -- Dismissal
Upon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall proceed to the ...

91.08.170 Eminent domain -- New parties may be admitted
The jury or court shall also ascertain the just compensation to be paid to any person found to have an interest in any lot or ...

91.08.180 Eminent domain -- Jury may view property
The court may upon motion of the petitioners, or of any defendant, direct that the jury under the charge of an officer of the court ...

91.08.190 Eminent domain -- Measure of damage to buildings
If there be any building standing in whole or in part upon any land to be taken, the jury or court shall add to the ...

91.08.200 Eminent domain -- Findings as interests appear -- Interpleader
If the land and buildings belong to different parties, or if the title to the property be divided into different interests by lease or otherwise, ...

91.08.210 Eminent domain -- Procedure after findings
Upon the filing of the findings of the jury or court, the proceedings of the court regarding new trial and the entry of judgment thereon, ...

91.08.220 Eminent domain -- Substitution of new owner as defendant
The court shall have power at any time, upon proof that any defendant who has not been served with process has ceased to be an ...

91.08.230 Eminent domain -- Guardian ad litem
When it shall appear from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, insane or distracted person ...

91.08.240 Eminent domain -- Damage irrespective of benefits
The compensation to be ascertained by the jury or court shall be irrespective of any benefit from the improvement proposed, and the finding shall state ...

91.08.250 Eminent domain -- Finality of judgment -- Appellate review -- Waiver of review
Any final judgment rendered by said court upon the findings of the court or a jury, shall be the lawful and sufficient condemnation of the ...

91.08.260 Eminent domain -- Decree of appropriation
The court upon proof that the judgment, together with costs, has been paid to the person entitled thereto, or has been paid into court, shall ...

91.08.270 Assessment procedure -- Petition -- Assessment commissioners
Said board shall, upon the entry of the condemnation judgment, file in the same proceeding a supplementary petition, praying the court that an assessment be ...

91.08.280 Assessment procedure -- Oath and compensation of commissioners
Said commissioners, before entering upon their duties, shall take and subscribe an oath that they will faithfully perform the duties of the office to which ...

91.08.290 Assessment procedure -- Apportionment of assessment
It shall be the duty of such commissioners to examine the lands in the district and to apportion and assess the amount of the judgment, ...

91.08.300 Assessment procedure -- Assessment roll
The commissioners shall make or cause to be made an assessment roll in which shall appear the names of the owners, so far as known, ...

91.08.310 Assessment procedure -- Order for hearing on roll -- Notice
Upon its completion the commissioners shall return their assessment roll into court, and thereupon the court shall make an order setting a time for the ...

91.08.320 Assessment procedure -- Proof of service of notice
On or before the day fixed for the hearing, the affidavit of one or more of the commissioners shall be filed in said court showing ...

91.08.330 Assessment procedure -- Cause may be continued
If twenty days shall not have elapsed between the first publication of such notice and the day set for hearing, the hearing shall be continued ...

91.08.340 Assessment procedure -- Hearing -- Findings -- Judgment
Any person interested in any property assessed and desiring to object to the assessment thereon, shall file his objections to such report at any time ...

91.08.350 Assessment procedure -- Roll may be recast -- New commissioners
The court before which any such proceeding may be pending shall have authority at any time before final judgment to modify, alter, change, annul or ...

91.08.360 Assessment procedure -- Judgment separate as to each tract -- Effect of appeal
The judgment of the court confirming the assessment roll shall have the effect of a separate judgment as to each tract or parcel of land ...

91.08.370 Assessment procedure -- Roll certified to treasurer -- Interest on assessment upon appeal
The clerk of the court in which such judgment is rendered shall certify a copy of the assessment roll as confirmed, and of the judgment ...

91.08.380 Assessment procedure -- Notice of filing roll
The treasurer receiving such certified copy of the assessment roll and judgment shall immediately give notice thereof by publishing such notice at least once in ...

91.08.390 Payment of assessment -- Alternate methods
The owner of any land charged with an assessment under this chapter, may discharge the same from all liability for the cost of such condemnation ...

91.08.400 Payment of assessment -- Record of payment without interest
When any assessment shall be paid either in full or in part only, within the time for payment without interest fixed by his notice, the ...

91.08.410 Payment of assessment -- Installments -- Collection
Immediately after the expiration of the time fixed by his notice for payment of assessments without interest, the treasurer shall divide the several assessments which ...

91.08.420 Payment of assessment -- Record of installment payments
As each assessment installment is paid the treasurer shall note the payment thereof in the proper place upon the assessment roll.[1911 c 23 § 40; ...

91.08.430 Payment of assessment -- Payment in full or in part -- Interest -- Segregation
The owner of any lands assessed under this chapter may at any time after the time fixed by the treasurer's notice for payment without interest, ...

91.08.440 Payment of assessment -- Interest on last installment
The last installment of any assessment paid shall include interest thereon at a rate determined by the board to the actual date of payment.[1981 c ...

91.08.450 Payment of assessment -- Land taken for public use
Should any of the lands assessed under this chapter be taken for or dedicated to public use, for highway or any other public purpose, before ...

91.08.460 Payment of assessment -- Treasurer's report
Immediately after expiration of the time fixed by the treasurer for the payment of assessments levied under this chapter, he shall report to the board ...

91.08.465 Bonds -- Authorized -- Purposes for issuance
Should the owners of any lands assessed to pay for an improvement contemplated by this chapter, fail to pay the assessments thereon in full on ...

91.08.480 Bonds -- Terms, form, interest, execution
(1) Such bonds shall be issued pursuant to an order made by the board and by their terms shall be made payable on or before ...

91.08.485 Bonds -- Sale or exchange for par value
(1) Said bonds, whether sold or exchanged, shall be disposed of for not less than their par value and accrued interest. (2) Notwithstanding subsection (1) ...

91.08.490 Bonds -- Sale of
(1) Before making any sale of such bonds the board shall advertise the sale and invite sealed bids therefor, by publication in the county official ...

91.08.500 Bonds -- Payment
The treasurer shall pay the interest on the bonds authorized to be issued by this chapter, on presentation of matured coupons therefor, out of the ...

91.08.510 Bonds -- Recourse of owner limited to special assessment -- Bond to so state
The owner of any bond issued under authority of this chapter shall not have any claim therefor against any person, body or corporation, except from ...

91.08.520 Invalidity of assessments -- Reassessment
In all cases of assessments for improvements under this chapter, wherein such assessment shall have failed to be valid in whole or in part for ...

91.08.530 Construction -- Contractor's bond -- Bidder's deposit -- Claims
After the confirmation of the assessment roll of any improvement district provided for herein, the board shall proceed at once with the construction of the ...

91.08.540 Construction -- Installment payments -- Reserve
During the construction of the improvement said board shall have the right to allow payment therefor to contractors in installments as the work progresses, in ...

91.08.550 Warrants
The indebtedness of any such district on contracts, or upon employment or for supplies, shall be paid by warrants on the district fund only, to ...

91.08.560 Warrants -- Payment
All warrants issued under RCW 91.08.550 may be presented by the holders thereof to the county treasurer, who shall pay them or endorse thereon the ...

91.08.570 Public lands not devoted to public use to be treated as private lands
State, school, county, school district, and other lands belonging to other public corporations which will be benefited by the construction, deepening or widening of any ...

91.08.575 Public lands not devoted to public use to be treated as private lands -- Assessment
Lands belonging to the state, and school, county, school district and other lands belonging to public corporations and which are not devoted to public use, ...

91.08.580 Appellate review
Any person aggrieved by any condemnation judgment for compensation or damages, or by any judgment confirming an assessment upon land for benefits under this chapter, ...

91.08.590 Payment of assessments by satisfying judgment
Any defendant in a condemnation proceeding under this chapter, whose remaining land, or whose other lands in the district, shall be assessed for benefits arising ...

91.08.600 Purchase of filling material
At any time before the completion of excavations required for the construction, deepening or widening of a waterway under this chapter, when there will be ...

91.08.610 Surplus money in district fund transferred to road fund
Should there be any money remaining in the district fund after the payment in full of all of the obligations of the district, it shall ...

91.08.620 Unclaimed funds, disposal of
Should any sum of money paid into court as compensation or damages for land or property taken or damaged in any condemnation proceeding under this ...

91.08.630 Waterways as highways -- Control of
Every waterway constructed, deepened or widened under this chapter shall, from and after the completion thereof, be a public highway for vessels and an outlet ...

91.08.640 Fees for serving process
The fees for the service of all process necessary to be served under the provisions of this chapter shall be the same as those for ...

91.08.650 Enforcement
The superior court may compel the performance of duties imposed by this chapter, and may on proper application therefor issue its mandatory injunction for such ...

91.08.660 Construction -- 1911 c 23
This chapter shall not be held to be an exclusive method of constructing, deepening or widening such waterways, nor in conflict with any other method ...