Chapter 85.05 RCW

DIKING DISTRICTS

Sections
Districts authorizedPowersManagement.
Certain powers and rights governed by chapter 85.38 RCW.
Eminent domainPowers of district.
Resolution to construct drainage system.
Resolution to construct drainage systemNotice of hearing.
Resolution to construct drainage systemProcedure in absence of objections.
Resolution to construct drainage systemObjections to improvement.
Resolution to construct drainage systemAssessment of benefits.
Resolution to construct drainage systemAppeal to supreme courtTrial de novo.
Resolution to construct drainage systemAssessments for drains and dikes to be segregated.
Resolution to construct drainage systemBonds to construct drainage system.
Resolution to construct drainage systemAppellate review.
Rights-of-way on public land.
OrganizationMatters to be set in notices, petitions or proceedings.
Beds and shores of streams granted to district.
Auditor to sign petition for his county, when.
Commissioners, duty of.
Petition for improvementContents.
Petition for improvementEmployment of assistantsCompensation as costs in suits.
SummonsContentsService.
Appearance of defendantsJuryVerdictDecree.
Assessment of benefited lands formerly omittedProcedureAppeals.
Special assessmentsBudgetsAlternative methods.
Proceedings may be dismissed when.
Procedure to claim awards.
Transcript of benefits to auditorAssessmentsCollection.
Tax to pay cost on dismissal.
ConstructionContractorsPerformance bonds.
Substantial changes in plansProcedure.
Payments on contractsRetained percentage.
Private dikes, how connectedAdditional plansCosts.
Connecting with other diking systems.
Action by district to prevent washing away of stream banks.
Action by district to prevent washing away of stream banksExpenses for appropriation of land.
Dikes along public road.
Incorporated town may act as or be included in diking district.
Estimate for maintenance and repairEmergency expenditures.
Organization of boardWarrants, how issued.
Special assessment bonds.
WarrantsWhen and how paid.
Certificates of delinquencyForeclosureSaleUse of proceeds.
Funds to purchase delinquent certificates.
Lands owned by district exempt from taxation.
TrialFindings and forms of verdict.
Public lands subject to assessmentRights and liabilities of public corporations.
Assessments on public landsHow paid.
Fees for service of process.
CommissionersCompensation and expenses.
Powers of courtInjunctions.
Sale of unneeded propertyAuthorized.
Sale of unneeded propertyResolution of intentionNotice of hearingPublication and posting.
Sale of unneeded propertyProtestsResolution of final actionConveyance.
Sale of unneeded propertyConveyance delayed if protests filedAppeal.
Sale of unneeded propertyDirect action in superior court by protestant on final order.
Levy for preliminary expenses.
Levy for preliminary expensesPreliminary expenses defined.
Plat of reclaimed landBenefits to be determined and paid.
Plat of reclaimed landConstruction, application of RCW 85.05.510 through 85.05.550.
Annexation of territoryConsolidation of special districtsSuspension of operationsReactivation.
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congress.
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congressIndian trust lands and restricted lands may be included, when.
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congressVesting of right, title and interest to dikes and land.
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congressDefinitions.
Authority to annex and assume diking and drainage systems erected and operated by United States upon permissive legislation by congressRatification and confirmation of prior acts.
NOTES:
Reviser's note: The language "this act," "this chapter," and words of similar import appear throughout chapter 85.05 RCW. This chapter is almost entirely comprised of the basic diking district act of chapter 117, Laws of 1895, as amended and as expressly added thereto by subsequent enactments. The chapter is codified in the session law order of the basic act with a few independent sections which are in pari materia being also codified herein. Some sections were expressly added to the chapter of the code or compilation in which the basic act was currently published at the time of the particular enactment. Similarly some sections were amended by reference to the compilation number only. Some of these sections contain the language "this act," "this chapter," or both which appear in the session law either as original language or as reenactments of the compiler's translation. Therefore, throughout chapter 85.05 RCW such language is retained, wherever it appears, in the most recent session law reenactment. Situations concerning effective dates of particular acts or having express restrictive applications are otherwise specially noted.
Validation1915 c 163: "Section 1. Whenever a petition for the formation of a diking district, under the provisions of section 4092 of Rem. & Bal. Code, shall have been filed with the board of county commissioners of any county, and such petition shall have conformed to the requirements of said section, except that the description of the proposed system of diking, the route over which the same is to be constructed, and the proposed spurs or branches, and the termini thereof, shall not have been definitely set forth in said petition, or said petition shall have been defective in any particular, and whenever said petition shall have been published, as required in section 4093 of Rem. & Bal. Code and a hearing shall have been held thereon, and supplemental petitions shall have been filed, and the board of county commissioners shall have, at the final hearing, entered findings and an order granting the prayer of the petitioners, in whole or in part, as provided in said section 4093, and said board of county commissioners shall have given notice of an election to be held in such proposed diking district, and shall have appointed officers of election in the manner prescribed in section 4094 of Rem. & Bal. Code, and such election shall have been held, and the board of county commissioners shall have counted and canvassed the votes cast thereat, and it shall have appeared that a majority of the votes cast were for "Dike Districts Yes," and the board shall have entered an order upon its records declaring the proposed territory duly organized as a diking district, and given such district a proper number, followed by the name of the county and state, and declared the three persons receiving respectively the highest number of votes the duly elected dike commissioners of such diking district, and caused a copy of the order entered of record, to be duly certified and filed in the office of the secretary of state, in the manner prescribed in section 4095 of Rem. & Bal. Code, the organization of said diking district so attempted to be organized shall be deemed complete, and the organization of any such diking district so attempted to be organized in the manner hereinabove set forth, is hereby validated, and said diking district is hereby declared to be a duly organized and established diking district." [1915 c 163 § 1.]
Special district creation and operation: Chapter 85.38 RCW.
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