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AGO 1955 No. 82 - May 25, 1955
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Don Eastvold | 1953-1956 | Attorney General of Washington

IRRIGATION DISTRICTS ‑- SEGREGATION OF LANDS FOR ASSESSMENT PURPOSES

Irrigation District Commissioners‑-segregation of lands within discretionary powers.

Equalization of irrigation district assessments‑-must be just.

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                                                                   May 25, 1955

Honorable Maloy Sensney
Prosecuting Attorney
Benton County
Prosser, Washington                                                                                                                Cite as:  AGO 55-57 No. 82


Attention:  !ttHerbert H. Davis

            Deputy

Dear Sir:

            In your letter of May 3, 1955, previously acknowledged, you have requested our advice as to a procedure for relieving those landowners within an irrigation district who have deeded lands to the county for road purposes from future assessments for irrigation district charges on the land so deeded.

                                                                     ANALYSIS

            It is noted from your letter that request for segregation has been made and refused by the district.  RCW 87.32.102 and 87.32.103 provide that segregation shall be within the discretion of the board of directors.  Since this is discretionary with the directors, their decision must be considered as final.

            Under RCW 87.32.030 and 87.32.040 the directors are required to hold an equalization meeting.  This should provide an opportunity for said landowners to present their case.  RCW 87.32.040 specifically makes it the directors' duty to "make such changes" (in the assessment roll) "as may be just."

             [[Orig. Op. Page 2]]

            It is our opinion that appeal to the superior court of Benton County would lie on refusal of the district board to equalize said assessment roll with regard to lands given for road purposes.

            We hope this information will be of service to you.

Yours very truly,

DON EASTVOLD
Attorney General


B. F. RENO, JR.
Assistant Attorney General

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