Delaware Code
Subchapter III. Formation of Tax Ditch; Procedure
§ 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 board of ditch commissioners and any objections filed thereto, and make, in consultation with the ditch commissioners, such changes as are necessary to render substantial and equal justice to all interested persons. Damages to any 1 landowner shall not be grounds for denying the petition, but may be used to adjust the assessment base of that property or the damages to be paid to that landowner and shall be considered as part of the total cost of the proposed tax ditch. If the conditions set forth in § 4136(c) of this title, still exist after the objections have been considered and the necessary changes have been made in the report of the board of ditch commissioners, the Superior Court shall confirm the report and issue an order granting the petition for the formation of the proposed tax ditch, said order to be known as the ditch order. The confirmed report shall be considered a part of said ditch order. If no objections are presented at the final hearing before the Superior Court the ditch order shall become effective when issued.

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.