8.25.230 - Special benefits to remaining property -- Satisfaction or release of lien -- Trial -- Expiration of lien by operation of law.

Special benefits to remaining property — Satisfaction or release of lien — Trial — Expiration of lien by operation of law.

A lien established as provided in RCW 8.25.220 shall be satisfied or released by:

     (1) Agreement between the parties to that effect; or

     (2) Payment of the lien amount plus interest at the rate of five percent per annum; or

     (3) Payment of the amount of offsetting special benefits as established pursuant to RCW 8.25.220(3) plus interest at the rate of five percent per annum within four years of the date of acquisition; or

     (4) Satisfaction of a judgment lien entered as a result of a trial before a jury unless jury be waived to establish the change in value of the remainder of the original parcel because of the construction of the project involved: PROVIDED, That if the result of the trial is to find no special benefits then the lien is extinguished by operation of law. Trial may be had on the petition of any party to the superior court of the county wherein the subject remainder lies after notice of intent to try the matter of special benefits has been served on all persons having an interest in the subject remainder. Such notice shall be filed with the clerk of the superior court and personally served upon all persons having an interest in the subject remainder. Filing a notice of intent to try the matter of special benefits shall be accompanied by a fee in the amount paid when filing a petition in condemnation.

     (5) Upon expiration of six years time from the date of acquisition without commencement of proceedings to foreclose the lien or try the matter of special benefits to the remainder of the property, the lien shall terminate by operation of law.

[1974 ex.s. c 79 § 3.]