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2018 Op. Wash. Att'y Gen. 1 (2018)

handle is hein.sag/sagwa2018 and id is 1 raw text is: 









Published on Washington State (htp://www.atg .wa.gay)
Home > Authority Of Mosquito Control Districts To Assess State Owned Property

Attorney General

DISTRICTS-ASSESSMENTS-PROPERTY-Authority Of Mosquito Control Districts To
Assess  State Owned  Property

Mosquito  control districts lack the authority to levy assessments against property owned by
the state.

                                       January 9, 2018


 The Honorable James  L. Nagle
 Walla Walla County Prosecuting Attorney
 240 West Alder  Suite 201                                 Cite As:
 Walla Walla, WA  99362-2807                               AGO  2018  No.1


 Dear Prosecutor Nagle:

       By letter previously acknowledged, you have requested our opinion on the following
question:

      May  mosquito  control districts levy assessments against state owned property within
      their respective districts pursuant to RCW 17.28.255?

                                      BRIEF  ANSWER

       No. Mosquito control districts do not have the statutory authority to levy an assessment
against state owned property because state owned property is not expressly identified in
RCW   17.28.255.

                                         ANALYSIS

       Mosquito control districts are special purpose local government bodies created to eliminate
mosquitoes and mosquito breeding areas. RCW  17.28.160-.185. The districts may be funded
through a variety of sources, including an annual property tax, non-tax special assessments against
property within the district, and by issuing general obligation bonds. See RCW 17.28.100
(authorizing general property tax levy), .252 (authorizing general property tax excess levy), .255
(authorizing special assessment), .260 (authorizing general obligation bonds). You have asked
whether the authority granted to mosquito control districts under RCW 17.28.255 permits a district
to assess state owned property within their districts.


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