Delaware Statutes

§ 4136 — Action by Superior Court; notice of final hearing

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
(a)After the report and statement of the board of ditch commissioners have been filed in the office of the prothonotary of the appropriate county, they shall be carefully reviewed by the Superior Court of the county.
(b)If the report of a majority of the board of ditch commissioners is opposed to the formation of the proposed tax ditch, or if the certificate stating the results of the referendum shows that a majority of all votes cast were opposed to the formation of the tax ditch, or if such report shows that the total cost of the construction of the tax ditch will exceed the benefits that will result therefrom, then the Superior Court shall issue an order denying the petition for the formation of the tax ditch.
(c)If the report of a majority of the board of ditch commissioners is in

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Legislative History

48 Del. Laws, c. 151, § 26 ; 7 Del. C. 1953, § 4136; 50 Del. Laws, c. 276, § 18 ; 67 Del. Laws, c. 188, § 1 ; 70 Del. Laws, c. 246, §§ 32, 33

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