RCW 85.06.190
Substantial changes in plans—Procedure.
The work on said improvement shall begin and shall be completed with all expedition possible, and said board of commissioners of such drainage district, or any contractor thereunder, shall have no power whatever to change said route or system of improvement or the manner of doing the work therein so as to make any radical changes in said improvement, without the written consent of all the landowners to be benefited thereby, and the landowners which may be damaged thereby. And in case any substantial changes in said system of improvement or the manner of the construction thereof shall be deemed necessary by said board of commissioners at any time during the progress thereof, and if the written consent to such changes cannot be procured from said landowners, then said commissioners, for and on behalf of said district, shall file a petition in the superior court of the county within which said district is located, setting forth therein the changes which they deem necessary to be made in the plan or manner of the construction of said improvement, and praying therein to be permitted to make such changes, and upon the filing thereof, the commissioners shall cause a summons to be served, setting forth the prayer of said petition, under the seal of said court, which summons shall be served in the same manner as the service of summons in the case of the original petition, upon all the landowners or others claiming any lien or interest therein appearing of record in said district, and any or all of said parties so served may appear in said cause and submit their objections thereto, and after the time for the appearance of all of said parties has expired, the court shall proceed to hear said petition at once without further delay, and if it appears during the course of said proceedings that the property rights of any of said landowners will be affected by such proposed change in said improvements, then the court, after having passed upon all preliminary questions as in the original proceedings may call a jury to be impaneled as in the case of the original proceeding for the establishment of said improvements, and upon the final hearing of said cause, the jury shall return a verdict finding the amount of damages, if any, sustained by all persons and corporations, the same as upon the original petition, by reason of such proposed change, and shall readjust the amount of benefits claimed to have been increased or diminished by any of said landowners by reason of said proposed change in said improvements, and the proceedings thereafter shall be the same as to rendering judgment, appeal therefrom, payment of compensation and damages and filing of the certificate with the auditor, as hereinbefore provided for in the proceedings upon the original petition, and said commissioners shall have a right thereafter to proceed with the construction of said improvements according to the changes made therein.
[ 1909 ex.s. c 13 § 1; 1895 c 115 § 19; RRS § 4319. Formerly RCW 85.04.100, 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.