§ 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;
§ 4316. Investigation; hearing.
§ 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.
§ 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.
§ 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 […]
§ 4303. Definitions.
§ 4303. Definitions. For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning: (1) “Benefits” include, but shall not be limited to, the privilege of participating in a cooperative system for the management of water and sediment from one’s lands by a tax […]
§ 4319. Existing works of improvement; compensation for work done thereon.
§ 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. […]
§ 4304. Lagoon management commissioners; membership; qualifications; term; vacancies; secretary.
§ 4304. Lagoon management commissioners; membership; qualifications; term; vacancies; secretary. (a) A board of lagoon management commissioners consisting of 3 lagoon management commissioners and 3 alternate lagoon management commissioners is continued for each county within the State. Upon the expiration of the terms of office of the present and all future management commissioners, the resident […]
§ 4320. Factors in determination of cost.
§ 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 […]