§ 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 […]
§ 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 […]