Delaware Code
Subchapter III. Formation of Tax Ditch; Procedure
§ 4132. Hearing; adoption of proposed report; right to adjourn hearing; referendum.

At the time and place designated in the notice, the board of ditch commissioners, with the assistance of the Division of Watershed Stewardship, shall hold a hearing at which all persons interested shall have an opportunity to express their opinions on and objections to the proposed report required by § 4130 of this title. The board of ditch commissioners shall make such changes in the proposed report as it deems warranted from evidence presented at the hearing, and shall then adopt the report and declare it final. If, however, as a result of the hearing, the board of ditch commissioners deems it advisable, it may adjourn the hearing in order to enable it to reexamine and modify its report in the light of the opinions and objections expressed at the hearing. The hearing may be adjourned to a fixed future date with no additional notification required or adjourned to an unspecified future date for which the notification and display procedures of § 4131 of this title will again apply. At the conclusion of the hearing, a referendum shall be held under the supervision of the board of ditch commissioners and the Division of Watershed Stewardship. The referendum shall afford each landowner the opportunity to cast a ballot for or against the formation of the proposed tax ditch in accordance with the final report of the board of ditch commissioners. Each landowner shall be entitled to the same number of votes as the number of dollars shown as the assessment base for the lands by the board of ditch commissioners.

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.