Revised Code of Washington
Wash. Rev. Code § 35.44.020 (2026)
✓ current as of May 2026
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There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay the same, or any part thereof:
(1) The cost of all of the construction or improvement authorized for the district including, but not limited to, that portion of the improvement within the street intersections;
(2) The estimated cost and expense of all engineering and surveying necessary for the improvement done under the supervision of the city or town engineer;
(3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of land included in the assessment district;
(4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices;
(5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the part of the city or town clerk and city or town treasurer in connection with the improvement;
(6) All cost of the acquisition of rights-of-way, property, easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection with the local improvement, whether by eminent domain, purchase, gift, payment of connection charges, capacity charges, or other similar charges or in any other manner;
(7) The cost for legal, financial, and appraisal services and any other expenses incurred by the city, town, or public corporation for the district or in the formation thereof, or by the city, town, or public corporation in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds and the cost of providing for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the payment of principal of and interest on such bonds.
Any of the costs set forth in this section may be excluded from the cost and expense to be assessed against the property in such local improvement district and may be paid from any other moneys available therefor if the legislative body of the city or town so designates by ordinance at any time.
[ 1995 c 382 s 1; 1987 c 242 s 4; 1985 c 397 s 4; 1971 ex.s. c 116 s 8; 1969 ex.s. c 258 s 6; 1965 c 7 s 35.44.020. Prior: 1955 c 364 s 1; 1911 c 98 s 55; RRS s 9408.]
Notes:
Policy—1987 c 242: See note following RCW 35.43.005.
Authority supplemental—1985 c 397: See RCW 35.51.900.
Notes of Decisions
Cited in 7
cases, 1966–2013 · leading case: State Ex Rel. Myhre v. City of Spokane, 422 P.2d 790 (Wash. 1967).
State Ex Rel. Myhre v. City of Spokane, 422 P.2d 790 (Wash. 1967). “RCW 35.44.020 itemizes, inter alia, the costs to be paid by the property owners specially benefited by a local improvement, as follows: There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay…”
Little Deli Marts, Inc. v. City of Kent, 32 P.3d 286 (Wash. Ct. App. 2001). “In addition, RCW 35.44.020 lists the various costs included in the assessment, including authorized construction costs and estimated expenses associated with engineering, surveying, title, no *7 tices, accounting and administration.”
Kasper v. City of Edmonds, 420 P.2d 346 (Wash. 1966). “170, and RCW 35.44.020 are much to the same effect.”
Little Deli Marts, Inc. v. City of Kent, 32 P.3d 286 (Wash. Ct. App. 2001). “In addition, RCW 35.44.020 lists the various costs included in the assessment, including authorized construction costs and estimated expenses associated with engineering, surveying, title, notices, accounting and administration.”
Gerla v. City of Tacoma, 533 P.2d 416 (Wash. Ct. App. 1975). “It is recognized by RCW 35.44.020, as it pertains to local improvement assessments, and it is recognized by case law with respect to concomitant agreements.”
Sterling Realty Co. v. City of Bellevue, 415 P.2d 627 (Wash. 1966). “There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay the same, or any part thereof: (6) All cost of the acquisition of rights of way, property, easements or other facilities or rights,…”
Denis Fury v. City Of North Bend (Wash. Ct. App. 2013). “7 million, and, pursuant to RCW 35.44.020, set forth the various components of the total estimated cost: The total estimated cost and expense of the improvements is declared to be $11,685,032.”
— Wash. Rev. Code § 35.44.020(6) — 2 cases
Little Deli Marts, Inc. v. City of Kent, 32 P.3d 286 (Wash. Ct. App. 2001). “In addition, RCW 35.44.020 lists the various costs included in the assessment, including authorized construction costs and estimated expenses associated with engineering, surveying, title, no *7 tices, accounting and administration.”
Little Deli Marts, Inc. v. City of Kent, 32 P.3d 286 (Wash. Ct. App. 2001). “In addition, RCW 35.44.020 lists the various costs included in the assessment, including authorized construction costs and estimated expenses associated with engineering, surveying, title, notices, accounting and administration.”
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