§ 4328. Action by Superior Court; notice of final hearing.
§ 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.
§ 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 […]
§ 4330. Right to jury trial; procedure.
§ 4330. Right to jury trial; procedure. When objections to the report of the board of lagoon management commissioners are filed in writing with the Superior Court and when the party filing feels aggrieved by the report of the board of lagoon management commissioners, such party may apply to the Superior Court, within 30 days […]
§ 4331. Defense of contested lagoon orders; Attorney General.
§ 4331. Defense of contested lagoon orders; Attorney General. If the lagoon order is contested, the board of lagoon management commissioners shall defend the order, and in conducting its defense, the board shall be represented by the Attorney General of the State. 73 Del. Laws, c. 389, § 1;
§ 4332. Notice of final action on lagoon order.
§ 4332. Notice of final action on lagoon order. When the lagoon 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 shall forward 2 certified copies of the lagoon order to the Division of Watershed […]
§ 4333. Permanent court record.
§ 4333. Permanent court record. The lagoon 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. It shall not be removed from that office except in cases where an emergency so requires. The prothonotary shall […]
§ 4334. Employment of private engineer by landowners.
§ 4334. 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 lagoon is practicable and feasible and is in the interest of the public health, safety and […]
§ 4335. Exclusive procedure for determination of damages.
§ 4335. 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 lagoon shall be made under and in accordance with this chapter. Chapter 61 of Title 10 shall not be applicable to proceedings to […]
§ 4323. Notice of hearing on establishment of tax lagoon.
§ 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.
§ 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 […]