Delaware Code
Subchapter III. Formation of Tax Ditch; Procedure
§ 4118. Form of petition.

A petition for the formation of a tax ditch shall be in the following form:

PETITION
To the Superior Court of ________________________________ County through the Board of Supervisors of the Soil Conservation District of ________________________________ County:

Whereas the undersigned (is) (are) the owner(s) of certain lands subject to overflow or in need of water management situated in ________________________________ Hundred(s) ________________________________ County (Counties), and the State of Delaware, said lands being more particularly described as follows ________________
________________
________________
________________; and
Whereas the draining and the prevention of flooding of said lands, and/or the management of water for resource conservation on said lands would be a public benefit and conducive to the public health, safety and welfare; and
Whereas the undersigned desire that a Tax Ditch be formed under the provisions of Chapter 41, Title 7 of the Delaware Code, said Tax Ditch to be known as________________________________ Tax Ditch;
The undersigned therefore request the Soil Conservation District of ________________________________ County to make the investigation required under the above cited chapter and, if the findings thereon be favorable, to file this petition in the office of the Prothonotary of ________________________________ County so that the Superior Court of said County may take the necessary steps required by law to issue an order establishing ________________________________ Ditch.
Dated this ________date day of ________________________________month , ________year at ________________________________, Delaware.
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(Space for Signatures)

Structure Delaware Code

Delaware Code

Title 7 - Conservation

Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES

Subchapter III. Formation of Tax Ditch; Procedure

§ 4116. Nature of a tax ditch.

§ 4117. Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship.

§ 4118. Form of petition.

§ 4119. Name of tax ditch.

§ 4120. Deposit upon filing of petitions for tax ditch.

§ 4121. Duties of county soil conservation district upon receipt of petition.

§ 4122. Investigation; hearing.

§ 4123. Report of investigation by Division of Watershed Stewardship.

§ 4124. Determination by county soil conservation district.

§ 4125. Filing of petition and report; action by district when formation is found to be not practicable and feasible.

§ 4126. Determinations to be made by board of ditch commissioners.

§ 4127. Existing works of improvement; compensation for work done thereon.

§ 4128. Factors in determination of cost.

§ 4129. Assessment list.

§ 4130. Proposed report of board of ditch commissioners.

§ 4131. Notice of hearing on establishment of tax ditch.

§ 4132. Hearing; adoption of proposed report; right to adjourn hearing; referendum.

§ 4133. Contents of report; filing.

§ 4134. Signing of commissioners' report; dissent.

§ 4135. Waiving of commissioners' hearing and referendum.

§ 4136. Action by Superior Court; notice of final hearing.

§ 4137. Final hearing; ditch order.

§ 4138. Right to jury trial; procedure.

§ 4139. Defense of contested ditch orders; Attorney General.

§ 4140. Notice of final action on ditch order.

§ 4141. Permanent court record.

§ 4142. Employment of private engineer by landowners.

§ 4143. Exclusive procedure for determination of damages.