At the time and place designated in the notice, the board of lagoon management 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 § 4322 of this title. The board of lagoon management 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 lagoon management 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 § 4323 of this title will again apply. At the conclusion of the hearing, a referendum shall be held under the supervision of the board of lagoon management 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 lagoon in accordance with the final report of the board of lagoon management 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 lagoon management commissioners. A referendum to approve a proposed tax lagoon shall be adopted only if passed by a three-fourths majority.
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.