§ 4118 — Form of petition

A petition for the formation of a tax ditch shall be in the following form:

PETITION

To the Superior Court of ________________________________ County through the Board of Supervisors of the Soil Conservation District of ________________________________ County:

Whereas the undersigned (is) (are) the owner(s) of certain lands subject to overflow or in need of water management situated in ________________________________ Hundred(s) ________________________________ County (Counties), and the State of Delaware, said lands being more particularly described as follows ________________

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________________; and

Whereas the draining and the prevention of flooding of said lands, and/or the management of water for resource conservation on said lands would be a public benefit and conducive to the public health, safety and welfare; and

Whereas the undersigned desire that a Tax Ditch be formed under the provisions of Chapter 41, Title 7 of the Delaware Code, said Tax Ditch to be known as________________________________ Tax Ditch;

The undersigned therefore request the Soil Conservation District of ________________________________ County to make the investigation required under the above cited chapter and, if the findings thereon be favorable, to file this petition in the office of the Prothonotary of ________________________________ County so that the Superior Court of said County may take the necessary steps required by law to issue an order establishing ________________________________ Ditch.

Dated this ________date day of ________________________________month , ________year at ________________________________, Delaware.

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(Space for Signatures)

Legislative History

48 Del. Laws, c. 151, § 8 ; 7 Del. C. 1953, § 4118; 70 Del. Laws, c. 246, §§ 12, 13