§ 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 […]
§ 4142. Employment of private engineer by landowners.
§ 4142. Employment of private engineer by landowners. If the board of supervisors of the county soil conservation district in which all or the major portion of the area involved is located determines that the formation of a tax ditch is practicable and feasible and is in the interest of the public health, safety and […]
§ 4127. Existing works of improvement; compensation for work done thereon.
§ 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 […]
§ 4143. Exclusive procedure for determination of damages.
§ 4143. Exclusive procedure for determination of damages. The determination, assessment or award of damages or other compensation to be paid to any landowner in connection with the formation of a tax ditch shall be made under and in accordance with this chapter. Chapter 61 of Title 10 shall not be applicable to proceedings to […]
§ 4128. Factors in determination of cost.
§ 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 […]