§ 4135. Waiving of commissioners’ hearing and referendum.
§ 4135. Waiving of commissioners’ hearing and referendum. In those cases, when all of the landowners involved, indicate by signed statement that they are familiar with the report of the board of ditch commissioners and that they favor the formation of the tax ditch, the board of ditch commissioners shall not hold a hearing and […]
§ 4136. Action by Superior Court; notice of final hearing.
§ 4136. Action by Superior Court; notice of final hearing. (a) After the report and statement of the board of ditch commissioners have been filed in the office of the prothonotary of the appropriate county, they shall be carefully reviewed by the Superior Court of the county. (b) If the report of a majority of […]
§ 4137. Final hearing; ditch order.
§ 4137. Final hearing; ditch order. At least 10 days prior to the date set for the final hearing before the Superior Court, any interested person may file an objection in writing to the report of the board of ditch commissioners. The Superior Court shall review the report of the board of ditch commissioners and […]
§ 4138. Right to jury trial; procedure.
§ 4138. Right to jury trial; procedure. When objections to the report of the board of ditch commissioners are filed in writing with the Superior Court and when the party filing feels aggrieved by the report of the board of ditch commissioners, such party may apply to the Superior Court, within 30 days after the […]
§ 4139. Defense of contested ditch orders; Attorney General.
§ 4139. Defense of contested ditch orders; Attorney General. If the ditch order is contested, the board of ditch commissioners shall defend the order, and in conducting its defense, the board shall be represented by the Attorney General of the State. 48 Del. Laws, c. 151, § 29; 7 Del. C. 1953, § 4139;
§ 4124. Determination by county soil conservation district.
§ 4124. Determination by county soil conservation district. The county soil conservation district shall, upon the basis of the information obtained under this chapter, determine whether the formation of the proposed tax ditch is practicable and feasible and is in the interest of the public health, safety and welfare. 48 Del. Laws, c. 151, § […]
§ 4140. Notice of final action on ditch order.
§ 4140. Notice of final action on ditch order. When the ditch order has become effective because no objection has been filed, or because the right to appeal therefrom has expired, the prothonotary shall notify the Division of Watershed Stewardship and the appropriate county soil conservation district accordingly, and shall forward 2 certified copies of […]
§ 4125. Filing of petition and report; action by district when formation is found to be not practicable and feasible.
§ 4125. Filing of petition and report; action by district when formation is found to be not practicable and feasible. (a) If the county soil conservation district determines that the formation of the proposed tax ditch is practicable, feasible and in the interest of the public health, safety and welfare, it shall file the petition […]
§ 4141. Permanent court record.
§ 4141. Permanent court record. The ditch order, together with any amendment thereto, shall be a permanent court record and shall be kept in the office of the prothonotary of the county wherein it was issued and copies of the ditch order shall be recorded in a Tax Ditch Volume in the office of the […]
§ 4126. Determinations to be made by board of ditch commissioners.
§ 4126. Determinations to be made by board of ditch commissioners. (a) Upon the filing of a petition for the formation of a tax ditch in the office of the prothonotary of a county, the board of ditch commissioners of such county, acting as officers of the Court, shall, at the direction of the resident […]