Delaware Code
Subchapter III. Formation of Tax Ditch; Procedure
§ 4133. Contents of report; filing.

After holding the hearing and supervising the referendum provided for in § 4132 of this title, the board of ditch commissioners shall file the original and 2 copies of its final report in the office of the prothonotary of the county in which all or the major portion of the lands involved is located, and shall attach to the report a certificate stating the results of the referendum and the place where and the time when it was held. The board of ditch commissioners shall also prepare and attach to the report a statement showing:

(1) Whether the board of ditch commissioners has fully discharged the duties assigned to it as prescribed by law;
(2) Whether the proposed tax ditch is practicable and feasible and in the interest of the public health, safety and welfare;
(3) Whether in laying out the tax ditch, the lands of every landowner assessed are directly or indirectly affected by some part of the proposed tax ditch;
(4) Any objections made to the report of the board of ditch commissioners which did not warrant further changes in the report and the reasons therefor;
(5) Whether, in the opinion of the board of ditch commissioners, the benefits that will result from the construction of the proposed tax ditch will exceed the total cost;
(6) Any other recommendations or information which the board of ditch commissioners deems pertinent.

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.