Title 7, Conservation

§ 4305. Disqualification of members. In those cases where any member of the board of lagoon management commissioners owns lands within the boundary of a proposed tax lagoon, such member shall not serve as a member of said board on that particular tax lagoon, and an alternate lago…

§ 4306. Chairperson; quorum; voting. A chairperson of each board of lagoon management commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the lagoon management commissioners of each board shall constitute a…

§ 4307. Compensation; expenses and reimbursement. (a) The lagoon management commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge of their duty at a per diem rate set by the Secretary of the Department of Natural Resourc…

§ 4308. Employment of qualified personnel. The Department of Natural Resources and Environmental Control shall employ personnel qualified by experience in structural engineering, bulk heading, dredging and soil work to assist it in carrying out its functions under this chapter an…

§ 4309. Employment of personnel; purchase of supplies and equipment. The Department may employ such personnel and obtain by purchase or otherwise such supplies and equipment as are necessary to carry out this chapter.73 Del. Laws, c. 389, § 1;

§ 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…

§ 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 o…

§ 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 nec…

§ 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 § 43…

§ 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…

§ 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 h…

§ 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…

§ 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 pr…

§ 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 lago…

§ 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…

§ 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 o…

§ 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 establis…

§ 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 person…

§ 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…

§ 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 …

§ 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 …

§ 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…

§ 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 r…

§ 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 m…

§ 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.…

§ 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 c…

§ 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 emer…

§ 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 int…

§ 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 Ti…

§ 4341. Meeting to organize tax lagoon; notice. (a) The Division of Watershed Stewardship, at its earliest convenience after the lagoon order becomes final, shall call a meeting of the taxables for the purpose of organizing the proposed tax lagoon, including the election of lagoo…

§ 4342. Distribution of lagoon order and this chapter; filing of assessment list. (a) At the organization meeting of the tax lagoon, the Division of Watershed Stewardship shall deliver to the managers, when elected, a certified copy of the lagoon order and a copy of this chapter,…

§ 4343. Voting rights. At all meetings, each landowner shall be entitled to the same number of votes as the number of dollars assessed against the land of such owner in the lagoon order. In the event that any lands are held by tenants in common or joint tenants, each such tenant …

§ 4344. Voting by proxy. Any person entitled to vote pursuant to § 4343 of this title may authorize another landowner within the tax lagoon to cast the authorizing landowner’s votes in that landowner’s stead by executing a proxy. The proxy shall be signed, dated and notarized.73 …

§ 4345. Election of lagoon managers and a secretary-treasurer; terms of office; vacancies. (a) At the first meeting the taxables shall elect from their group the number of lagoon managers specified in the lagoon order, and a secretary-treasurer. (b) The term of office of each lag…

§ 4346. Chairperson of lagoon managers; duties. Immediately after they are elected, the lagoon managers shall designate 1 of their number to serve as chairperson. The chairperson shall call meetings of the lagoon managers and taxables and shall preside thereat.73 Del. Laws, c. 38…

§ 4347. Compensation of lagoon managers and secretary-treasurer. Tax lagoon managers and the secretary-treasurer may be entitled to receive compensation at a rate to be determined by a majority of the eligible votes of those taxables present at the first meeting provided for in §…

§ 4348. Annual and other meetings of taxables; notice of meetings. At the first meeting the taxables shall set a date for the regular annual meeting. This date may not be changed except by action of a majority of the taxables present at a regular annual meeting. The chairperson o…

§ 4349. Meetings of lagoon managers; quorum. The lagoon managers shall meet as often as necessary to properly conduct the business of the tax lagoon. At such meetings a majority of the lagoon managers shall constitute a quorum, and the concurrence of a majority in any matter with…

§ 4350. Powers of a tax lagoon. A tax lagoon organized under this chapter, being a governmental subdivision of this State and a public body, corporate and politic, may exercise public powers, and in addition to such other powers as usually pertain to corporations, may: (1) Levy t…

§ 4351. Duties of lagoon managers. In addition to the duties specified in other sections of this chapter, the lagoon managers shall: (1) Determine from the taxables the desired program of operations; (2) Determine the amount of taxes to be levied to carry out such desired program…

§ 4352. Duties of secretary-treasurer of tax lagoon. In addition to any powers and duties set forth elsewhere in this chapter, the secretary-treasurer of the tax lagoon shall: (1) Keep accurate minutes of all meetings of the lagoon managers and taxables; and such minutes shall be…

§ 4353. Bond of secretary-treasurer. The secretary-treasurer shall, before assuming the duties of office and within 15 days after election, furnish a bond in favor of the tax lagoon, in an amount satisfactory to the lagoon managers and with a surety to be approved by the lagoon m…

§ 4354. Failure of lagoon officer to perform duties; remedy; removal. If any officer of a tax lagoon fails to perform the duties imposed on such officer by this chapter, any taxable may petition the Superior Court from which the lagoon order was issued and request an order direct…

§ 4355. Signatures on instruments issued by tax lagoon. Any note, bond, warrant or other instrument issued by a tax lagoon pursuant to this chapter shall be signed by the chairperson of the lagoon managers, and the chairperson’s signature shall be attested by the secretary-treasu…