SENATE BILL REPORT

SB 5847

BYSenators Hansen, Barr, Bauer and Bailey

Revising provisions on irrigation districts.

Senate Committee on Agriculture

Senate Hearing Date(s):February 27, 1987

Senate Staff:Tom McDonald (786-7404)

AS OF FEBRUARY 25, 1987

BACKGROUND:

In 1984 the Washington State Supreme Court held that the statutory procedure for irrigation assessment foreclosures was constitutionally defective because it failed to provide notice and an opportunity for a hearing.  Before any action can be taken against an interest in property, due process requires there to be notice reasonably calculated to apprise parties who have an interest in the property and afford them an opportunity to present their objections.  Notice of a foreclosure proceeding must:  (1) be sent to interested parties by personal service or first class mail, (2) describe the subject property with sufficient specificity, and (3) set forth the time and place at which the property will be sold.  The irrigation district's foreclosure statute failed to require personal service or notice by mail and failed to require notice of the specific time and place of the sale.  Further, the foreclosure procedure failed to allow the interested parties an opportunity to object or contest the foreclosure at a hearing.

SUMMARY:

On December 15 of each year, a delinquency notice will be published and posted.  The delinquency notice must contain the name of the owner, a description of the property, the amount of the delinquency, the costs accruing on the delinquent amount, the time and place the property will be sold, the right of the owner to protest at a hearing, the time and date of the hearing and the right of interested parties to redeem the property.  An owner who has actual notice of an opportunity for a hearing may not complain of any defect in the notice.

The delinquency notice must be posted in the county courthouse, published for three consecutive weeks in a local newspaper, and mailed to the owner at least ten days prior to the scheduled sale date.  The sale cannot occur prior to 21 days or beyond 60 days from the date the notice is first published.

Procedures are set forth for the hearing where an owner can contest the foreclosure.  After the hearing, the board of directors must take such action as it determines to be just.  An owner may appeal any adverse ruling to the county superior court.

Fiscal Note:      none requested