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AGO Opinions with Topic: DIKING, DRAINAGE, AND FLOOD CONTROL
AGO 1989 No. 18 >  October 6, 1989
DIKING, DRAINAGE, AND FLOOD CONTROL - SPECIAL ASSESSMENTS - COUNTIES - DISTRICTS
DIKING, DRAINAGE, AND FLOOD CONTROL ‑- DISTRICTS ‑- COUNTIES ‑- SPECIAL ASSESSMENTS 1.Chapter 85.38 RCW authorizes "special assessments" which may be imposed only on property specially benefitted in accordance with article 7, section 9, of the Washington Constitution as interpreted in case law; this chapter does not authorize the imposition of "rates and charges" based on some standard other than special benefit.2.Assessments made under chapter 85.38 [RCW] must be based on the special benefit conferred by a public work or activity on particular property, and may not lawfully be based on the extent of use of public services or other criteria.
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