§ 4130 — Proposed report of board of ditch commissioners

The board of ditch commissioners, with the assistance of the Division of Watershed Stewardship, shall prepare a proposed report containing the following determinations and information:

(1) The name of the proposed tax ditch;

(2) The hundred and the county in which the proposed tax ditch is situated;

(3) A map, drawing or aerial photograph, to a suitable scale, on which the following is shown:

a. The main ditch, all prongs, all subprongs and other divisions of the proposed tax ditch;

b. All dikes, levees, structures and other works of improvement of the proposed tax ditch;

c. All railroads, public highways and all public utility installations near the points where such reach, cross or pass close to any part of the proposed tax ditch;

d. The exterior boundaries of the tax ditch;

e. The approximate boundaries of each farm, parcel or piece of land within the proposed tax ditch, together with the identification of each farm, parcel or piece of land by name or code number;

f. The location and extent of rights-of-way, including overhead and underground clearances where necessary, assigned to the tax ditch for construction and maintenance operations;

(4) The estimated total cost of the proposed tax ditch works of improvement;

(5) The assessment list required under § 4129 of this title;

(6) Factors which influenced the determination of relative benefits and the basis for distribution of costs among the landowners, and other pertinent information;

(7) The names of all landowners awarded damages or to be paid compensation for works of improvement previously constructed and deemed adequate under § 4127 of this title; and the amount of damages or compensation to which each such landowner is entitled; and factors which influenced the determination of the damages awarded and compensation to be paid;

(8) The number of ditch managers, not less than 2 nor more than 5, required to conduct the business affairs of the proposed tax ditch;

(9) In the case of a previously existent drainage organization, the amount of present assets to be turned over to, or liabilities to be assumed by the proposed tax ditch.

Legislative History

48 Del. Laws, c. 151, § 20 ; 7 Del. C. 1953, § 4130; 50 Del. Laws, c. 276, § 13 ; 56 Del. Laws, c. 312, § 3 ; 59 Del. Laws, c. 560, § 2 ; 70 Del. Laws, c. 246, §§ 23, 24 ; 77 Del. Laws, c. 430, § 15