Whenever the board of commissioners of any district
desire[s] to exercise any of the foregoing powers under *this
act, it shall pass a resolution declaring its intention to do so,
which shall describe in general terms the proposed improvement to
be undertaken. The resolution shall set a date upon which the
board shall meet to determine whether such work shall be done. Thereafter a copy of such declaratory resolution and a notice of
hearing shall be posted by the secretary or member of the board,
in three public places in such district at least ten days before
the date of hearing. The notice shall state the time and place
of hearing and that plans therefor are on file with the secretary
of the board subject to inspection by any party interested.
Any property owner affected by such proposed improvement, or
any property owner within such district, may appear at said
hearing and object to said proposed improvement by filing a
written protest against the proposed action of the board. The
protest shall clearly state the basis thereof. At such hearing,
which shall be public, the board shall give full consideration to
the proposed project and all protests filed, and on said date or
any adjourned date, take final action thereon. If protests be
filed before said hearing by owners of more than forty percent of
the property in said district, the board shall not have power to
make the proposed improvement nor again initiate the same for one
year. If the board determines to proceed with such project in
its original or modified form, it shall thereupon adopt a
resolution so declaring and adopt general plans therefor, which
resolution may authorize the acquisition by condemnation, or
otherwise, of the necessary rights and properties to complete the
same. Any protestant who filed a written protest prior to said
hearing may appeal from the order of the board, but to do so
must, within ten days from the date of entering of such order,
bring direct action in the superior court of the state of
Washington in the county wherein such district is situated,
against such board of directors in their official capacity, which
action shall be prosecuted under the procedure for civil actions,
with the right of appellate review, as provided in other civil
actions. In any action so brought, the order of the board shall
be conclusive of the regularity and propriety of the proceedings
and all other matters except it shall be open to attack upon the
ground of fraud, unfair dealing, arbitrary, or unreasonable
action of the board.
[1988 c 202 § 75; 1971 c 81 § 160; 1935 c 170 § 3; RRS § 4342-3. Formerly RCW 85.04.620.]
NOTES:
*Reviser's note: "this act" refers to chapter 170, Laws of 1935, codified as RCW 85.06.640 through 85.06.700.
Severability -- 1988 c 202: See note following RCW 2.24.050.