§ 4116. Nature of a tax ditch. A tax ditch organized under this chapter shall constitute a governmental subdivision of this State and a public body, corporate and politic, exercising public powers. 48 Del. Laws, c. 151, § 43; 7 Del. C. 1953, § 4116;
§ 4117. Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship. (a) Whenever 1 or more of the owners of any lands desire their lands to be drained or protected from flooding, or the waters of their lands to be managed they may present a petition for the formation of a […]
§ 4118. Form of petition. A petition for the formation of a tax ditch shall be in the following form: PETITION To the Superior Court of ________________________________ County through the Board of Supervisors of the Soil Conservation District of ________________________________ County: Whereas the undersigned (is) (are) the owner(s) of certain lands subject to overflow or […]
§ 4119. Name of tax ditch. The name of any tax ditch established under this chapter shall not be the same as the name of any existing drainage organization within the same county. 48 Del. Laws, c. 151, § 71; 7 Del. C. 1953, § 4119;
§ 4120. Deposit upon filing of petitions for tax ditch. (a) The county soil conservation district shall require that a specified sum be deposited with it by the petitioners before the petition is filed in the office of the prothonotary to cover filing fees, mailing and other necessary expenses. The amount of the deposit shall […]
§ 4121. Duties of county soil conservation district upon receipt of petition. The board of supervisors of the county soil conservation district shall, upon receipt of a petition for the formation of a tax ditch, determine whether the petition is in the form set forth in § 4118 of this title and has been properly […]
§ 4122. Investigation; hearing. The county soil conservation district shall cause an investigation to be made by the Division of Watershed Stewardship in order to ascertain the general location and approximate watershed boundaries of the proposed tax ditch, and to obtain other information to assist the district to determine whether the formation of the tax […]
§ 4123. Report of investigation by Division of Watershed Stewardship. The Division of Watershed Stewardship shall make a formal report of its investigation to the county soil conservation district together with its recommendations. 48 Del. Laws, c. 151, § 11; 7 Del. C. 1953, § 4123; 57 Del. Laws, c. 739, § 184; 59 Del. […]
§ 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, § […]
§ 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 […]
§ 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 […]
§ 4127. Existing works of improvement; compensation for work done thereon. The board of ditch commissioners may deem adequate any works of improvement already constructed, including but not limited to ditches and structures and may incorporate these in the tax ditch, and may allow a fair compensation to landowners for work previously done by them […]
§ 4128. Factors in determination of cost. (a) In determining the total cost of the proposed tax ditch works of improvement, the board of ditch commissioners shall include, among other things, the estimated costs of construction, the estimated cost of forming the tax ditch, the amount of damages, if any, awarded to landowners and the […]
§ 4129. Assessment list. After determining the basis for distribution of costs among the landowners, the board of ditch commissioners shall prepare an assessment list which shall show the names of all owners of property, wholly or partly within the watershed of the proposed tax ditch, together with addresses and descriptions of those properties as […]
§ 4130. Proposed report of board of ditch commissioners. The board of ditch commissioners, with the assistance of the Division of Watershed Stewardship, shall prepare a proposed report containing the following determinations and information: (1) The name of the proposed tax ditch; (2) The hundred and the county in which the proposed tax ditch is […]
§ 4131. Notice of hearing on establishment of tax ditch. Upon completion of the proposed report required by § 4130 of this title, the board of ditch commissioners shall notify all owners of property, wholly or partly within the watershed of the proposed tax ditch, of a hearing concerning the establishment of said tax ditch […]
§ 4132. Hearing; adoption of proposed report; right to adjourn hearing; referendum. At the time and place designated in the notice, the board of ditch commissioners, with the assistance of the Division of Watershed Stewardship, shall hold a hearing at which all persons interested shall have an opportunity to express their opinions on and objections […]
§ 4133. Contents of report; filing. After holding the hearing and supervising the referendum provided for in § 4132 of this title, the board of ditch commissioners shall file the original and 2 copies of its final report in the office of the prothonotary of the county in which all or the major portion of […]
§ 4134. Signing of commissioners’ report; dissent. The report of the board of ditch commissioners, including the statement required by § 4133 of this title, shall be signed by all of the commissioners concurring therein. Any ditch commissioner who dissents therefrom shall attach to the report the reasons for his or her dissent. 48 Del. […]
§ 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 […]
