Title 7, Conservation

§ 4135. Waiving of 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 ditch commissioners and that they favor the formation of the tax ditch, the board of …

§ 4136. Action by Superior Court; notice of final hearing. (a) After the report and statement of the board of ditch 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)…

§ 4137. Final hearing; ditch 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 ditch commissioners. The Superior Court shall review the report of the …

§ 4138. Right to jury trial; procedure. When objections to the report of the board of ditch commissioners are filed in writing with the Superior Court and when the party filing feels aggrieved by the report of the board of ditch commissioners, such party may apply to the Superior…

§ 4139. Defense of contested ditch orders; Attorney General. If the ditch order is contested, the board of ditch commissioners shall defend the order, and in conducting its defense, the board shall be represented by the Attorney General of the State.48 Del. Laws, c. 151, § 29; 7 …

§ 4140. Notice of final action on ditch order. When the ditch 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 the appropriate county soil …

§ 4141. Permanent court record. The ditch 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 and copies of the ditch order shall be recorded in a Tax Ditch Volume in…

§ 4142. 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 ditch is practicable and feasible and is in the inte…

§ 4143. 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 ditch shall be made under and in accordance with this chapter. Chapter 61 of Tit…

§ 4151. Meeting to organize tax ditch; notice. (a) The Division of Watershed Stewardship, at its earliest convenience after the ditch order becomes final, shall call a meeting of the taxables for the purpose of organizing the proposed tax ditch, including the election of ditch ma…

§ 4152. Distribution of ditch order and this chapter; filing of assessment list. (a) At the organization meeting of the tax ditch, the Division of Watershed Stewardship shall deliver to the managers, when elected, a certified copy of the ditch order and a copy of this chapter, to…

§ 4153. Representation at meeting. In addition to the Division of Watershed Stewardship, the county soil conservation district may be represented at the organization meeting by 1 member of the board of district supervisors.48 Del. Laws, c. 151, § 35; 7 Del. C. 1953, § 4153; 59 De…

§ 4154. 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 ditch order. In the event that any lands are held by tenants in common or joint tenants, each such tenant i…

§ 4155. Voting by proxy. Any person entitled to vote pursuant to § 4154 of this title may authorize another landowner within the tax ditch to cast his or her votes in that person’s stead by executing a proxy. The proxy shall be signed, dated and notarized.48 Del. Laws, c. 151, § …

§ 4156. Election of ditch managers and a secretary-treasurer; terms of office; vacancies. (a) At the first meeting the taxables shall elect from their group the number of ditch managers specified in the ditch order, and a secretary-treasurer. (b) The term of office of each ditch …

§ 4157. Chairperson of ditch managers; duties. Immediately after they are elected, the ditch managers shall designate 1 of their number to serve as chairperson. The chairperson shall call meetings of the ditch managers and taxables and shall preside thereat.48 Del. Laws, c. 151, …

§ 4158. Compensation of ditch managers and secretary-treasurer. Tax ditch 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 § 4…

§ 4159. 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…

§ 4160. Meetings of ditch managers; quorum. The ditch managers shall meet as often as necessary to properly conduct the business of the tax ditch. At such meetings a majority of the ditch managers shall constitute a quorum and the concurrence of a majority in any matter within th…

§ 4161. Powers of a tax ditch. A tax ditch 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 taxe…

§ 4162. Duties of ditch managers. In addition to the duties specified in other sections of this chapter, the ditch 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; …

§ 4163. Duties of secretary-treasurer of tax ditch. In addition to any powers and duties set forth elsewhere in this chapter, the secretary-treasurer of the tax ditch shall: (1) Keep accurate minutes of all meetings of the ditch managers and taxables, and such minutes shall be a …

§ 4164. Bond of secretary-treasurer. The secretary-treasurer shall, before assuming the duties of his or her office and within 15 days after his or her election, furnish a bond in favor of the tax ditch, in an amount satisfactory to the ditch managers and with a surety to be appr…

§ 4165. Failure of ditch officer to perform duties; remedy; removal. If any officer of a tax ditch fails to perform the duties imposed on him or her by this chapter, any taxable may petition the Superior Court from which the ditch order was issued and request an order directing s…

§ 4166. Signatures on instruments issued by tax ditch. Any note, bond, warrant or other instrument issued by a tax ditch pursuant to this chapter shall be signed by the chairperson of the ditch managers and the chairperson’s signature shall be attested by the secretary-treasurer …

§ 4167. Liability of tax ditch officers. No ditch manager or other officer of a tax ditch shall be held personally liable for the obligations of the tax ditch. The tax ditch shall indemnify the ditch managers or other officers in accordance with § 4003 of Title 10 for all tort cl…

§ 4168. Limitation on borrowing power of tax ditch. A tax ditch may borrow money pursuant to this chapter with the consent of a majority of the votes cast at a meeting duly called under § 4159 of this title. No tax ditch shall borrow money in excess of 90 percent of the total ass…

§ 4171. Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship. (a) For tax ditches formed under this chapter, the board of assessment of the county shall transcribe the information shown on the assessment list delivered to it pursuant to …

§ 4172. Method of determining tax. In determining the amount of any taxes to be levied against each owner’s lands under this chapter, the ditch managers shall determine the same in accordance with the ratio which exists between the assessment base for each property and the total …

§ 4173. Warrants by ditch companies for collection of taxes. Each ditch company organized under the laws in effect prior to June 1, 1951, in each year after its assessment has been made and its tax rate fixed, shall execute its warrant with a duplicate of the assessment list to t…

§ 4174. Warrants by tax ditches for collection of taxes. (a) For tax ditches formed under this chapter, warrants authorizing and requesting the collection of ditch taxes executed to the receiver of taxes and county treasurer shall be signed by the chairpersons of the ditch manage…

§ 4175. Collection and disposition of taxes levied by ditch company. All taxes levied by ditch companies organized under the laws in effect prior to June 1, 1951, shall be collected by the receiver of taxes and county treasurer in the county wherein the district of such ditch com…

§ 4176. Duties of receiver of taxes and county treasurer. All taxes levied by any tax ditch organized under this chapter shall be collected by the receiver of taxes and county treasurer in the county or counties wherein the lands taxed are located. The receiver of taxes and count…

§ 4177. Installment payment of taxes for construction; lien; amount of first installment. (a) The ditch managers may order the tax levied for the cost of construction to be paid in annual installments and shall designate the method of payment on the tax warrant when it is forward…

§ 4178. Taxes as security for loans; notation on tax warrant. A tax ditch may secure the payment of any loan made to it by entering on the tax warrant provided for in § 4162(5) of this title, a statement setting forth the fact that the taxes shown on the tax warrants have been pl…

§ 4179. Special tax. A special tax to raise the funds necessary to carry into effect any of the provisions of this chapter and not otherwise provided for herein, may be levied by the ditch managers in the same manner as provided in this chapter for levying taxes for original cons…

§ 4180. Lien of taxes; enforcement. All taxes levied under this chapter shall constitute a first and paramount lien against the lands to which they apply from and after the date of such levy, subject only to the lien for state and county taxes, which lien may be enforced by sale …

§ 4181. Adjustment of maintenance tax. When in the opinion of the ditch managers the amount of the tax levied to defray the cost of annual maintenance is either insufficient or excessive, they may raise or lower the same for the current and succeeding years with the consent of th…

§ 4182. Limitation on liability of landowner for taxes. No landowner shall be liable in any manner for any taxes levied by the tax ditch against the lands of another owner.48 Del. Laws, c. 151, § 59; 7 Del. C. 1953, § 4182;

§ 4185. Payment of damages and compensation. The damages and compensation awarded by the terms of the ditch order shall be paid to the person entitled thereto out of the first funds available to the tax ditch under this chapter, and no construction shall commence until said damag…

§ 4186. Obstruction of or damage to tax ditch; civil and criminal liability. (a) If any person wilfully or negligently obstructs or damages any part of a tax ditch, and upon request of the ditch managers fails to remove the obstruction or to repair the damage at the person’s own …

§ 4187. Right of entry upon lands. The Division of Watershed Stewardship, engineering personnel hired under § 4142 of this title, the soil conservation district supervisors, the Department of Natural Resources and Environmental Control, the ditch commissioners, the ditch managers…

§ 4188. Addition of territory to a tax ditch. (a) Any landowner who desires his or her lands to be included within a tax ditch formed under this chapter, may present a petition for an amendment to the existing ditch order to include such lands, to the Superior Court of the county…

§ 4189. Alteration of tax ditches; amendments to ditch orders. If it becomes necessary to change any part of a tax ditch, such changes may be made in one of the following ways: (1) The desired or required changes, justified in writing and including any necessary maps or drawings,…

§ 4190. Bridges and culverts. If any public road crossed by any part of a tax ditch will be benefited so that the public should construct and maintain a bridge or culvert at such crossing, the board of ditch commissioners shall so state in their report and upon establishment of t…

§ 4191. Ditches near highways. The Department of Transportation shall maintain the highway drainage system insofar as is possible in such manner as to prevent silt from such system from obstructing any part of a tax ditch. If silt enters from the highway system and obstructs a ta…