RCW 85.06.120
Appearance of defendants—Jury—Verdict—Assessment of damages and benefits—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 in defense thereof at the time and place appointed for hearing said petition, or to which the same may have been adjourned. If the court or judge thereof shall have satisfactory proof that all of the defendants in said action have been duly served with said summons, as above provided, and shall be further satisfied by competent proof that said improvement is practicable and conducive to the public health, welfare, and convenience, and will increase the value of said lands for the purpose of public revenue, and that the contemplated use for which the land, real estate, premises, or other property sought to be appropriated is really a public use, and that the land, real estate, premises, or other property sought to be appropriated are required and necessary for the establishment of said improvement, and that said improvement has a good and sufficient outlet, the court or judge thereof shall cause a jury of twelve qualified persons to be impaneled to assess the damages and benefits, as herein provided, if in attendance upon his or her court; and if not he or she may, if satisfied that the public interests require the immediate construction of said improvement, direct the sheriff of his or her county to summons from the citizens of the county in which petition is filed as many qualified persons as may be necessary in order to form a jury of twelve persons, unless the parties to the proceedings consent to a less number, such number to be not less than three, and such consent shall be entered by the clerk in the minutes of the trial. If necessary, to complete the jury in any case, the sheriff, under the directions of the court or the judge thereof shall summon as many qualified persons as may be required to complete the jury from the citizens of the county in which the petition is filed. In case a special jury is summoned the cost thereof shall be taxed as part of the cost in the proceedings and paid by the district seeking to appropriate said land, the same as other costs in the case; and no person shall be competent as a juror who is a resident of, or landowner in, the district seeking to appropriate said land. The jurors at such trial shall make in each case a separate assessment of damages which shall result to any person, corporation, or company, or to the state, by reason of the appropriation and use of such land, real estate, premises, or other property for said improvements and shall ascertain, determine and award the amount of damages to be paid to said owner or owners, respectively, and to all tenants, incumbrancers, and others interested, for the taking or injuriously affecting such land, real estate, premises, or other property for the establishment of said improvement; and shall further find a maximum amount of benefits per acre to be derived by each of the landowners, and also the maximum amount of benefits resulting to any municipality, public highway, corporate road, or district from construction of said improvement. And upon a return of the verdict into court the same shall be reported as in other cases; whereupon, a decree shall be entered in accordance with the verdict so rendered setting forth all the facts found by the jury, and decreeing that said right-of-way be appropriated, and directing the commissioners of said drainage district to draw their warrant on the county treasurer for the amount awarded by the jury to each person for damages sustained by reason of the establishment of said improvement, payable out of the funds of said drainage district.
[ 2013 c 23 § 390; 1909 c 143 § 2; 1895 c 115 § 12; RRS § 4310. Formerly RCW 85.04.065, part.]
Structure 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.
85.06.015 - Certain powers and rights governed by chapter 85.38 RCW.
85.06.070 - Eminent domain powers—Purchase of real property authorized.
85.06.080 - Commissioners—Powers and duties.
85.06.090 - Petition for improvement—Contents.
85.06.100 - Petition for improvement—Employment of assistants—Compensation as costs in suit.
85.06.110 - Summons—Contents—Service.
85.06.120 - Appearance of defendants—Jury—Verdict—Assessment of damages and benefits—Decree.
85.06.125 - Special assessments—Budgets—Alternative methods.
85.06.130 - Assessment of benefited lands formerly omitted—Procedure—Appeals.
85.06.140 - Dismissal of proceedings, when—Costs.
85.06.150 - Procedure to claim awards.
85.06.160 - Transcript of benefits to auditor—Assessments—Collection—Supplemental assessment.
85.06.180 - Construction—Contractors—Performance bonds.
85.06.190 - Substantial changes in plans—Procedure.
85.06.200 - Payments on contracts—Retained percentage.
85.06.210 - Connecting private drains—Procedure—Costs.
85.06.220 - Connecting with lower districts—Procedure.
85.06.230 - City or town may act as or be included in drainage district.
85.06.240 - Estimate for maintenance and repair—Emergency expenditures.
85.06.250 - Organization of board—Warrants, how issued.
85.06.255 - Special assessment bonds.
85.06.330 - Warrants presented for indorsement—When and how paid.
85.06.340 - Trial—Findings and forms of verdict.
85.06.350 - Public lands subject to assessment—Rights and liabilities of public corporations.
85.06.360 - Assessments on public lands—How paid.
85.06.370 - Fees for service of process.
85.06.380 - Commissioners—Compensation and expenses.
85.06.390 - Improvement of watercourses—Preservation of vested rights.
85.06.400 - Powers of court—Injunctions.
85.06.500 - Extension or enlargement of system.
85.06.550 - Payment of preliminary expense where proceedings are dropped.
85.06.620 - Payment of preliminary expense where proceedings are dropped—Dismissal of petition.
85.06.630 - Payment of preliminary expense where proceedings are dropped—Appellate review.
85.06.640 - Additional improvements—Authorized—Change in plans.
85.06.650 - Additional improvements—Methods of payment.
85.06.670 - Additional improvements—Acquisition, sale of property—Contracts to share expense.
85.06.680 - Additional improvements—Private property not to be taken without compensation.
85.06.690 - Additional improvements—Right of eminent domain.
85.06.700 - Additional improvements—Powers are additional—"Drainage district" defined.
85.06.710 - Costs in excess of estimate—Authorized—Warrants validated.
85.06.730 - Costs in excess of estimate—Summons on petition—Contents—Service—Answer.
85.06.740 - Costs in excess of estimate—Hearing by jury—Verdict.
85.06.750 - Costs in excess of estimate—Judgment—Appellate review.