(a) Upon the filing of a petition for the formation of a tax lagoon in the office of the prothonotary of a county, the board of lagoon management commissioners of such county, acting as officers of the court, shall, at the direction of the resident judge thereof, go upon the lands that may be included in the tax lagoon and determine the approximate dimensions and volume of the required dredging; the approximate sizes, locations and specifications for required disposal facilities and other necessary works of improvement; the location of public roads and railroads and public utility installations within the proposed tax lagoon; the exterior boundaries of the tax lagoon; the approximate boundaries of each parcel or piece of land within the tax lagoon; the location and extent of needed permanent rights-of-way; the estimated total cost of all required tax lagoon works of improvement; the damages to lands, if any, which will result from the dredging of the tax lagoon; and an equitable basis, considering relative benefits to each landowner, for the distribution of costs. The board of lagoon management commissioners shall obtain from the Division of Watershed Stewardship such assistance and information as is needed in making the required determinations.
(b) When all of the landowners involved, with the approval of the board of lagoon management commissioners and with the cooperation of the Division of Watershed Stewardship:
(1) Jointly make the determinations regularly assigned to the lagoon management commissioners in subsection (a) of this section and in § 4319 of this title;
(2) Prepare the assessment list required by § 4321 of this title;
(3) Supply any additional data necessary to complete the report of the board of lagoon management commissioners required by § 4322 of this title; and
(4) Personally sign a statement to the effect that they approve the formation of the tax lagoon;
The board of lagoon management commissioners shall prepare their report from said determinations and such data without going upon the lands involved.
Structure Delaware Code
Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS
Subchapter III. Formation of Tax Lagoon; Procedure
§ 4310. Nature of a tax lagoon.
§ 4311. Petition for formation of a tax lagoon; assistance by Division of Watershed Stewardship.
§ 4314. Deposit upon filing of petitions for tax lagoon.
§ 4315. Duties of the Division of Watershed Stewardship upon receipt of petition.
§ 4316. Investigation; hearing.
§ 4318. Determinations to be made by board of lagoon management commissioners.
§ 4319. Existing works of improvement; compensation for work done thereon.
§ 4320. Factors in determination of cost.
§ 4322. Proposed report of board of lagoon management commissioners.
§ 4323. Notice of hearing on establishment of tax lagoon.
§ 4324. Hearing; adoption of proposed report; right to adjourn hearing; referendum.
§ 4325. Contents of report; filing.
§ 4326. Signing of lagoon management commissioners' report; dissent.
§ 4327. Waiving of lagoon management commissioners' hearing and referendum.
§ 4328. Action by Superior Court; notice of final hearing.
§ 4329. Final hearing; lagoon order.
§ 4330. Right to jury trial; procedure.
§ 4331. Defense of contested lagoon orders; Attorney General.
§ 4332. Notice of final action on lagoon order.
§ 4333. Permanent court record.