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Subchapter I. General Provisions
§ 4101. Declaration of policy. - It is declared that the drainage and the prevention of...
§ 4102. Purpose. - It is the purpose of this chapter in carrying out...
§ 4103. Definitions. - For the purposes of this chapter, unless otherwise specifically defined,...
§ 4104. Application; effect on previously established drainage organizations and on earlier drainage laws. - (a) Any landowner or owners in an area served by...
§ 4105. Limitation of easement or right-of-way. - (a) Once a tax ditch has been constructed, any right-of-way...
Subchapter II. Boards of Ditch Commissioners
§ 4106. Ditch commissioners; membership; qualifications; term; vacancies; secretary. - (a) A board of ditch commissioners, consisting of 3 ditch...
§ 4107. Disqualification of members. - In those cases where any member of the board of...
§ 4108. Chairperson; quorum; voting. - A chairperson of each board of ditch commissioners shall be...
§ 4109. Compensation; expenses and reimbursement. - (a) The ditch commissioners shall be entitled to receive reimbursement...
§ 4110. Employment of qualified personnel. - The Department of Natural Resources and Environmental Control shall employ...
§ 4111. Employment of personnel; purchase of supplies and equipment. - The Department may employ such personnel and obtain by purchase...
Subchapter III. Formation of Tax Ditch; Procedure
§ 4116. Nature of a tax ditch. - A tax ditch organized under this chapter shall constitute a...
§ 4117. Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship. - (a) Whenever 1 or more of the owners of any...
§ 4118. Form of petition. - A petition for the formation of a tax ditch shall...
§ 4119. Name of tax ditch. - The name of any tax ditch established under this chapter...
§ 4120. Deposit upon filing of petitions for tax ditch. - (a) The county soil conservation district shall require that a...
§ 4121. Duties of county soil conservation district upon receipt of petition. - The board of supervisors of the county soil conservation district...
§ 4122. Investigation; hearing. - The county soil conservation district shall cause an investigation to...
§ 4123. Report of investigation by Division of Watershed Stewardship. - The Division of Watershed Stewardship shall make a formal report...
§ 4124. Determination by county soil conservation district. - The county soil conservation district shall, upon the basis of...
§ 4125. Filing of petition and report; action by district when formation is found to be not practicable and feasible. - (a) If the county soil conservation district determines that the...
§ 4126. Determinations to be made by board of ditch commissioners. - (a) Upon the filing of a petition for the formation...
§ 4127. Existing works of improvement; compensation for work done thereon. - The board of ditch commissioners may deem adequate any works...
§ 4128. Factors in determination of cost. - (a) In determining the total cost of the proposed tax...
§ 4129. Assessment list. - After determining the basis for distribution of costs among the...
§ 4130. Proposed report of board of ditch commissioners. - The board of ditch commissioners, with the assistance of the...
§ 4131. Notice of hearing on establishment of tax ditch. - Upon completion of the proposed report required by § 4130...
§ 4132. Hearing; adoption of proposed report; right to adjourn hearing; referendum. - At the time and place designated in the notice, the...
§ 4133. Contents of report; filing. - After holding the hearing and supervising the referendum provided for...
§ 4134. Signing of commissioners' report; dissent. - The report of the board of ditch commissioners, including the...
§ 4135. Waiving of commissioners' hearing and referendum. - In those cases, when all of the landowners involved, indicate...
§ 4136. Action by Superior Court; notice of final hearing. - (a) After the report and statement of the board of...
§ 4137. Final hearing; ditch order. - At least 10 days prior to the date set for...
§ 4138. Right to jury trial; procedure. - When objections to the report of the board of ditch...
§ 4139. Defense of contested ditch orders; Attorney General. - If the ditch order is contested, the board of ditch...
§ 4140. Notice of final action on ditch order. - When the ditch order has become effective because no objection...
§ 4141. Permanent court record. - The ditch order, together with any amendment thereto, shall be...
§ 4142. Employment of private engineer by landowners. - If the board of supervisors of the county soil conservation...
§ 4143. Exclusive procedure for determination of damages. - The determination, assessment or award of damages or other compensation...
Subchapter IV. Powers of Tax Ditch
§ 4151. Meeting to organize tax ditch; notice. - (a) The Division of Watershed Stewardship, at its earliest convenience...
§ 4152. Distribution of ditch order and this chapter; filing of assessment list. - (a) At the organization meeting of the tax ditch, the...
§ 4153. Representation at meeting. - In addition to the Division of Watershed Stewardship, the county...
§ 4154. Voting rights. - At all meetings, each landowner shall be entitled to the...
§ 4155. Voting by proxy. - Any person entitled to vote pursuant to § 4154 of...
§ 4156. Election of ditch managers and a secretary-treasurer; terms of office; vacancies. - (a) At the first meeting the taxables shall elect from...
§ 4157. Chairperson of ditch managers; duties. - Immediately after they are elected, the ditch managers shall designate...
§ 4158. Compensation of ditch managers and secretary-treasurer. - Tax ditch managers and the secretary-treasurer may be entitled to...
§ 4159. Annual and other meetings of taxables; notice of meetings. - At the first meeting the taxables shall set a date...
§ 4160. Meetings of ditch managers; quorum. - The ditch managers shall meet as often as necessary to...
§ 4161. Powers of a tax ditch. - A tax ditch organized under this chapter, being a governmental...
§ 4162. Duties of ditch managers. - In addition to the duties specified in other sections of...
§ 4163. Duties of secretary-treasurer of tax ditch. - In addition to any powers and duties set forth elsewhere...
§ 4164. Bond of secretary-treasurer. - The secretary-treasurer shall, before assuming the duties of his or...
§ 4165. Failure of ditch officer to perform duties; remedy; removal. - If any officer of a tax ditch fails to perform...
§ 4166. Signatures on instruments issued by tax ditch. - Any note, bond, warrant or other instrument issued by a...
§ 4167. Liability of tax ditch officers. - No ditch manager or other officer of a tax ditch...
§ 4168. Limitation on borrowing power of tax ditch. - A tax ditch may borrow money pursuant to this chapter...
Subchapter V. Taxation
§ 4171. Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship. - (a) For tax ditches formed under this chapter, the board...
§ 4172. Method of determining tax. - In determining the amount of any taxes to be levied...
§ 4173. Warrants by ditch companies for collection of taxes. - Each ditch company organized under the laws in effect prior...
§ 4174. Warrants by tax ditches for collection of taxes. - (a) For tax ditches formed under this chapter, warrants authorizing...
§ 4175. Collection and disposition of taxes levied by ditch company. - All taxes levied by ditch companies organized under the laws...
§ 4176. Duties of receiver of taxes and county treasurer. - All taxes levied by any tax ditch organized under this...
§ 4177. Installment payment of taxes for construction; lien; amount of first installment. - (a) The ditch managers may order the tax levied for...
§ 4178. Taxes as security for loans; notation on tax warrant. - A tax ditch may secure the payment of any loan...
§ 4179. Special tax. - A special tax to raise the funds necessary to carry...
§ 4180. Lien of taxes; enforcement. - All taxes levied under this chapter shall constitute a first...
§ 4181. Adjustment of maintenance tax. - When in the opinion of the ditch managers the amount...
§ 4182. Limitation on liability of landowner for taxes. - No landowner shall be liable in any manner for any...
Subchapter VI. General Provisions
§ 4185. Payment of damages and compensation. - The damages and compensation awarded by the terms of the...
§ 4186. Obstruction of or damage to tax ditch; civil and criminal liability. - (a) If any person wilfully or negligently obstructs or damages...
§ 4187. Right of entry upon lands. - The Division of Watershed Stewardship, engineering personnel hired under §...
§ 4188. Addition of territory to a tax ditch. - (a) Any landowner who desires his or her lands to...
§ 4189. Alteration of tax ditches; amendments to ditch orders. - If it becomes necessary to change any part of a...
§ 4190. Bridges and culverts. - If any public road crossed by any part of a...
§ 4191. Ditches near highways. - The Department of Transportation shall maintain the highway drainage system...
§ 4192. Dissolution of tax ditch. - After a duly called meeting of the taxables at which...
§ 4193. Ditches in Kent County; transfer by Department of Transportation to tax ditch. - If any landowners in Kent County establish a tax ditch...
§ 4194. Appropriations to Department of Natural Resources and Environmental Control. - An appropriation to the Department of Natural Resources and Environmental...
§ 4195. Notice of right-of-way, or assessment. - (a) The Department of Natural Resources and Environmental Control shall...