US Lawyer Database

§ 4129. Assessment list.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 […]