Title 7, Conservation

§ 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…

§ 4356. Liability of tax lagoon officers. No lagoon manager or other officer of a tax lagoon shall be held personally liable for the obligations of the tax lagoon. The tax lagoon shall indemnify the lagoon managers or other officers in accordance with § 4003 of Title 10 for all t…

§ 4357. Limitation on borrowing power of tax lagoon. A tax lagoon may borrow money pursuant to this chapter with the consent of a majority of the votes cast at a meeting duly called under § 4348 of this title. No tax lagoon shall borrow money in excess of 90 percent of the total …

§ 4361. Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship. (a) For tax lagoons 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 …

§ 4362. Method of determining tax. In determining the amount of any taxes to be levied against each owner’s lands under this chapter, the lagoon managers shall determine the same in accordance with the ratio which exists between the assessment base for each property and the total…

§ 4363. Warrants by tax lagoons for collection of taxes. (a) For tax lagoons formed under this chapter, warrants authorizing and requesting the collection of lagoon taxes executed to the receiver of taxes and county treasurer shall be signed by the chairpersons of the lagoon mana…

§ 4364. Warrants by tax lagoons for collection of taxes — Duties of receiver of taxes and county treasurer. All taxes levied by any tax lagoon organized under this chapter shall be collected by the receiver of taxes and county treasurer in the county or counties wherein the lands…

§ 4365. Installment payment of taxes for construction; lien; amount of first installment. (a) The lagoon managers may order the tax levied for the cost of dredging to be paid in annual installments and shall designate the method of payment on the tax warrant when it is forwarded …

§ 4366. Taxes as security for loans; notation on tax warrant. A tax lagoon may secure the payment of any loan made to it by entering on the tax warrant provided for in § 4351(5) of this title a statement setting forth the fact that the taxes shown on the tax warrants have been pl…

§ 4367. 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 lagoon managers in the same manner as provided in this chapter for levying taxes for original dred…

§ 4368. 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 …

§ 4369. Adjustment of maintenance tax. When in the opinion of the lagoon managers the amount of the tax levied to defray the cost of maintenance is either insufficient or excessive, they may raise or lower the same for the current and succeeding years with the consent of the Divi…

§ 4370. Limitation on liability of landowner for taxes. No landowner shall be liable in any manner for any taxes levied by the tax lagoon against the lands of another owner.73 Del. Laws, c. 389, § 1;

§ 4381. Payment of damages and compensation. The damages and compensation awarded by the terms of the tax lagoon order shall be paid to the person entitled thereto out of the first funds available to the tax lagoon under this chapter, and no construction shall commence until said…

§ 4382. Obstruction of or damage to tax lagoon; civil and criminal liability. (a) If any person wilfully or negligently obstructs or damages any part of a tax lagoon and upon request of the lagoon managers fails to remove the obstruction or to repair the damage at the person’s ow…

§ 4383. Right of entry upon lands. The Division of Watershed Stewardship, engineering personnel hired under § 4334 of this title, the Department of Natural Resources and Environmental Control, the lagoon management commissioners, the lagoon managers, or any of their employees or …

§ 4384. Addition of territory to a tax lagoon. (a) Any landowner who desires that landowner’s own lands to be included within a tax lagoon formed under this chapter may present a petition for an amendment to the existing lagoon order to include such lands to the Superior Court of…

§ 4385. Alteration of tax lagoons; amendments to lagoon orders. If it becomes necessary to change any part of a tax lagoon, 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 drawing…

§ 4386. Lagoons 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 lagoon. If silt enters from the highway system and obstructs a t…

§ 4387. Dissolution of tax lagoon. After a duly called meeting of the taxables at which a majority of all eligible votes have been cast in favor of dissolving a tax lagoon created under this chapter, the lagoon managers shall prepare a petition requesting such dissolution to the …

§ 4388. Appropriations to Department of Natural Resources and Environmental Control. An appropriation to the Department of Natural Resources and Environmental Control for purposes of planning, designing and constructing tax lagoons shall be included in the annual appropriation bi…

§ 4389. Notice of right-of-way, or assessment. (a) The Department of Natural Resources and Environmental Control shall certify and file with the prothonotary of each county a list of all parcels with county tax parcel numbers and all owners of said parcels of real property locate…

§ 4401. Purpose. It is the purpose of this chapter to: promote the public health, safety and general welfare, and to: protect human life, health and welfare; encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future…

§ 4402. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Department” shall mean the Department of Natural Resources and Environmental Contr…

§ 4403. Rules. The Secretary shall, by May 17, 2012, develop guidance and minimum standards for improved floodplain management and drainage within the state after consultation with a Floodplain and Drainage Advisory Committee (Committee) appointed by the Secretary, to include pub…

§ 4404. Review of standards. (a) Within 6 months of the adoption of minimum standards, the 3 county governments and all municipal governments as appropriate shall review and prepare comments regarding their individual codes and ordinances to determine if they are consistent with …

§ 4501. Land warrants. All general warrants for locating vacant land without specification, which were not located by survey prior to January 23, 1843, are vacated and void; and all warrants for locating land issued by any recorder since January 11, 1798, are illegal and void.Cod…

§ 4502. Cessions of public land to United States. All cessions of public land, which have been made to the United States for public purposes, are recognized and ratified according to the terms thereof.Code 1852, § 14; Code 1915, § 14; Code 1935, § 14; 7 Del. C. 1953, § 4504;

§ 4503. Location and payment for grants of public lands. All grants of public land made shall be located and paid for within 1 year from the grant, or they shall be void.Code 1852, § 15; Code 1915, § 15; Code 1935, § 15; 7 Del. C. 1953, § 4505;

§ 4504. Supervision and control of public lands by Department of Natural Resources and Environmental Control; public beaches; penalty. (a) The public lands of this State, as ascertained in regard to location, surveyed and plotted under the supervision and direction of the Public …