PocketLaw | Delaware Code | Formation of Tax Ditch; Procedure

Formation of Tax Ditch; Procedure

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Nature of a tax ditch.

Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship.

Form of petition.

Name of tax ditch.

Deposit upon filing of petitions for tax ditch.

Duties of county soil conservation district upon receipt of petition.

Investigation; hearing.

Report of investigation by Division of Watershed Stewardship.

Determination by county soil conservation district.

Filing of petition and report; action by district when formation is found to be not practicable and feasible.

Determinations to be made by board of ditch commissioners.

Existing works of improvement; compensation for work done thereon.

Factors in determination of cost.

Assessment list.

Proposed report of board of ditch commissioners.

Notice of hearing on establishment of tax ditch.

Hearing; adoption of proposed report; right to adjourn hearing; referendum.

Contents of report; filing.

Signing of commissioners' report; dissent.

Waiving of commissioners' hearing and referendum.

Action by Superior Court; notice of final hearing.

Final hearing; ditch order.

Right to jury trial; procedure.

Defense of contested ditch orders; Attorney General.

Notice of final action on ditch order.

Permanent court record.

Employment of private engineer by landowners.

Exclusive procedure for determination of damages.