§ 4133 — Contents of report; filing

Delaware § 4133

• Jurisdiction: Delaware
• Title: 7
• Part: Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands
• Ch. 41: DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES
• Subch.: Formation of Tax Ditch; Procedure

Text

After holding the hearing and supervising the referendum provided for in § 4132 of this title, the board of ditch commissioners shall file the original and 2 copies of its final report in the office of the prothonotary of the county in which all or the major portion of the lands involved is located, and shall attach to the report a certificate stating the results of the referendum and the place where and the time when it was held. The board of ditch commissioners shall also prepare and attach to the report a statement showing:

(1) Whether the board of ditch commissioners has fully discharged the duties assigned to it as prescribed by law;

(2) Whether the proposed tax ditch is practicable and feasible and in the interest of the public health, safety and welfare;

(3) Whether in laying out the tax ditch, the lands of every landowner assessed are directly or indirectly affected by some part of the proposed tax ditch;

(4) Any objections made to the report of the board of ditch commissioners which did not warrant further changes in the report and the reasons therefor;

(5) Whether, in the opinion of the board of ditch commissioners, the benefits that will result from the construction of the proposed tax ditch will exceed the total cost;

(6) Any other recommendations or information which the board of ditch commissioners deems pertinent.

Legislative History

48 Del. Laws, c. 151, § 23 ; 7 Del. C. 1953, § 4133; 50 Del. Laws, c. 276, § 16 ; 70 Del. Laws, c. 246, §§ 30, 31