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Legal Summary <br />Special Benefit Assessment Financing <br />A. Some Basic Concepts <br />1. Fundamental Requirements <br />a. Express statutory authority <br />[A] municipal corporation's powers are <br />limited to those conferred in express terms <br />or those necessarily implied. In re Seattle. <br />96 Wash.2d 616, 629, 638 P.2d 549 (1981). <br />... The test for necessary powers is legal <br />necessity rather than practical necessity. <br />Hillis Homes— Inc. v. Snohomish Cir.,, 97 <br />Wash.2d 604, 808, 650 P.2d 193 (1982). As <br />we stated in }M : "[i]f the .Legislature has <br />not authorized the action in question, it is <br />invalid no matter how np=sary it might be. <br />[Emphasis added.] <br />Chemical Bank v. WPPSS, 99 Wn.2d 772, 792, 666 P.2d <br />329. <br />b. Compliance with legal procedures <br />"Where a person or board is charged by <br />law with a specific duty and the means for <br />its performance are appointed by law, there <br />is no room for implied powers, and the <br />means appointed must be followed, <br />however inadequate _mav_be the result." <br />[Emphasis in original.] <br />State ex. rel Eastvold v. Maybury, 49 Wn.2d 533, 539, 304 <br />P.2d 663 (1956). <br />2. Public improvements can confer both general benefits and special benefits <br />on property in the community. <br />3. Property in Washington may be assessed for the special benefits conferred <br />by the installation of certain public improvements. The special benefit <br />assessment process has been authorized and implemented in moststates <br />for many years. See,14 McQuillin, Municipal Cor orations §38.02 (3rd <br />Ed.) <br />Washington cities and towns may form local improvement districts (Lips) <br />or utility local improvement districts (ULIDs) as authorized by RCW <br />36.43.04C and .042. <br />Local and Road Improvement Districts Manuel for Washington State Sixth Edition 9 <br />