§ 4161 — Powers of a tax ditch

Delaware § 4161

• 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.: Powers of Tax Ditch

Text

A tax ditch organized under this chapter, being a governmental subdivision of this State and a public body, corporate and politic may exercise public powers and, in addition to such other powers as usually pertain to corporations, may:

(1) Levy taxes;

(2) Sue and be sued in the name of the tax ditch, and suits against the tax ditch shall be governed by subchapter I of Chapter 40 of Title 10;

(3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

(4) Borrow money for the purpose of constructing, maintaining and administering the tax ditch;

(5) Acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or any rights or interests therein;

(6) Cooperate, or enter into agreements with the state or federal governments or any agency or subdivision thereof;

(7) Exercise the power of eminent domain, in accordance with the condemnation procedure prescribed in Chapter 61 of Title 10, with respect to lands outside the boundaries of the tax ditch which are needed for right-of-way or outlet purposes;

(8) Accept contributions from landowners assessed in the tax ditch, and disburse such funds for the purposes of performing certain operations, such as, but not limited to, additional clearing or the installation of structures, which operations are authorized in the tax ditch order, but which are not included in the original estimated construction requirements and costs;

(9) Call upon the Division of Watershed Stewardship for assistance with administrative and operations problems of the tax ditch;

(10) After initial construction has been completed, and with the prior approval of the Department of Natural Resources and Environmental Control, and with written consent of more than one half of the landowners involved, owning more than1/2of the drainage area assessed:

a. Transfer to the Department of Natural Resources and Environmental Control:

1. The responsibility for certain specified responsibilities for maintenance of the tax ditch;

2. All rights-of-way assigned by court order to the tax ditch for construction and maintenance operations;

3. Any and all powers possessed by the tax ditch, or the managers thereof, related to obstruction of, or damage to said tax ditch, or to the addition of territory to a tax ditch, or to the alteration of a tax ditch.

b. Discontinue annual and other meetings of taxables and of tax ditch managers, except that when maintenance has been transferred to the Department of Natural Resources and Environmental Control, that body shall call a meeting of the taxables upon a written request from at least 3 of such taxables.

c. Discontinue tax ditch managers and secretary-treasurer as long as no meetings are being held.

Legislative History

48 Del. Laws, c. 151, § 43 ; 7 Del. C. 1953, § 4161; 50 Del. Laws, c. 276, § 27 ; 55 Del. Laws, c. 461 ; 57 Del. Laws, c. 739, §§ 185-187 ; 59 Del. Laws, c. 560, § 2 ; 70 Del. Laws, c. 246, § 41 ; 77 Del. Laws, c. 430, § 22