§ 4310. Nature of a tax lagoon. A tax lagoon organized under this chapter shall constitute a governmental subdivision of this State and a public body, corporate and politic, exercising public powers. 73 Del. Laws, c. 389, § 1;
§ 4311. Petition for formation of a tax lagoon; assistance by Division of Watershed Stewardship. (a) Whenever 1 or more of the owners of any lands desire their lagoons to be dredged or managed, they may present a petition for the formation of a tax lagoon to the Superior Court of the county in which […]
§ 4312. Form of petition. A petition for the formation of a tax lagoon shall be in the following form: PETITION ________________ To the Superior Court of ________________________________ County through the Division of Watershed Stewardship: Whereas the undersigned (is)(are) the owner(s) of subaqueous lands within lagoon areas subject to sedimentation or in need of water […]
§ 4313. Name of tax lagoon. The name of any tax lagoon established under this chapter shall not be the same as the name of any existing tax lagoon management organization within the same county. 73 Del. Laws, c. 389, § 1;
§ 4314. Deposit upon filing of petitions for tax lagoon. (a) The Division of Watershed Stewardship 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 […]
§ 4315. Duties of the Division of Watershed Stewardship upon receipt of petition. The board of supervisors of the county soil conservation district, upon receipt of a petition for the formation of a tax lagoon, shall determine whether the petition is in the form set forth in § 4312 of this title and has been […]
§ 4316. Investigation; hearing. The Division of Watershed Stewardship shall cause an investigation to be made in order to ascertain the general location and approximate boundaries of the proposed tax lagoon and to obtain other information to determine whether the formation of the tax lagoon is practicable and feasible and is in the interest of […]
§ 4317. Filing of petition and report; action by district when formation is found to be not practicable and feasible. (a) If the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is practicable, feasible and in the interest of the public health, safety and welfare, it shall file the petition […]
§ 4318. Determinations to be made by board of lagoon management commissioners. (a) Upon the filing of a petition for the formation of a tax lagoon in the office of the prothonotary of a county, the board of lagoon management commissioners of such county, acting as officers of the court, shall, at the direction of […]
§ 4319. Existing works of improvement; compensation for work done thereon. The board of lagoon management commissioners may deem adequate any works of improvement already performed, including but not limited to dredging, and may allow a fair compensation to landowners for work previously done by them on such works of improvement. 73 Del. Laws, c. […]
§ 4320. Factors in determination of cost. (a) In determining the total cost of the proposed tax lagoon works of improvement, the board of lagoon management commissioners shall include, among other things, the estimated costs of dredging, the estimated cost of forming the tax lagoon, the amount of damages, if any, awarded to landowners, and […]
§ 4321. Assessment list. After determining the basis for distribution of costs among the landowners, the board of lagoon management commissioners shall prepare an assessment list which shall show the names of all owners of property whom it deems will benefit from the proposed tax lagoon, together with addresses and descriptions of those properties as […]
§ 4322. Proposed report of board of lagoon management commissioners. The board of lagoon management 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 lagoon; (2) The hundred and the county in which the proposed tax […]
§ 4323. Notice of hearing on establishment of tax lagoon. Upon completion of the proposed report required by § 4322 of this title, the board of lagoon management commissioners shall notify all owners of property in the proposed tax lagoon area of a hearing concerning the establishment of said tax lagoon to be held in […]
§ 4324. Hearing; adoption of proposed report; right to adjourn hearing; referendum. At the time and place designated in the notice, the board of lagoon management 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 […]
§ 4325. Contents of report; filing. After holding the hearing and supervising the referendum provided for in § 4324 of this title, the board of lagoon management 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 […]
§ 4326. Signing of lagoon management commissioners’ report; dissent. The report of the board of lagoon management commissioners, including the statement required by § 4325 of this title, shall be signed by all of the lagoon management commissioners concurring therein. Any lagoon management commissioner who dissents therefrom shall attach to the report the reasons for […]
§ 4327. Waiving of lagoon management 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 lagoon management commissioners and that they favor the formation of the tax lagoon, the board of lagoon management commissioners shall not […]
§ 4328. Action by Superior Court; notice of final hearing. (a) After the report and statement of the board of lagoon management 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 […]
§ 4329. Final hearing; lagoon 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 lagoon management commissioners. The Superior Court shall review the report of the board of lagoon management […]
