Section 85.28.130. Drainage of tide or marsh lands—Division of cost between contiguous tracts.

Persons owning or desiring to improve contiguous tracts of tide marsh or swampy lands exposed to the overflow of the tide and capable of being made dry, may separate their respective tracts by a dike or ditch, which shall make and designate their common boundary. In all such cases said dike or ditch shall be constructed at the equal cost and expense of the respective parties, and either party failing to pay his or her contributive share of such expense shall be liable to the party constructing the dike or ditch for such contributive share, or so much thereof as may remain due and unpaid, to be recovered in a civil action in a court of competent jurisdiction and the party constructing such dike shall also be entitled to a lien upon the tract of the party failing to pay his or her contributive share for the construction of said dike, or so much thereof as shall be due, which lien shall be secured and enforced as liens of material suppliers and mechanics are now by law enforced.

[ 2007 c 218 § 95; Code 1881 § 2517; No RRS. Prior: 1877 p 258 § 1.]

NOTES:

Intent—Finding—2007 c 218: See note following RCW 1.08.130.

2007 c 218 § 95; Code 1881 § 2517; No RRS. Prior: 1877 p 258 § 1.