§ 4186 — Obstruction of or damage to tax ditch; civil and criminal liability

(a) If any person wilfully or negligently obstructs or damages any part of a tax ditch, and upon request of the ditch managers fails to remove the obstruction or to repair the damage at the person’s own expense, the ditch managers shall see that the obstruction is removed and that the damage is repaired.

(b) The person so obstructing or damaging the tax ditch shall be liable for all loss or injury caused thereby and the expenses or charges for remedying the same, and said loss or injury, expenses or charges may be sued for and recovered by the ditch managers in the name of the tax ditch before any justice of the peace in the county where the obstruction or damage occurred.

(c) Whoever wilfully obstructs or damages any part of a tax ditch, as specified in subsection (a) of this section, or wilfully interferes in any way with tax ditch operations as provided for in this chapter or in a ditch order made pursuant to this chapter, shall be fined not more than $100.

(d) As of July 17, 2008, if a permanent structure, whether existing or approved for construction, including but not limited to any residential, agricultural, or commercial structure, or any associated permanent accessory structure or septic system, driveway or parking area associated therewith still are found to be within a tax ditch right-of-way; that structure is exempt from the provisions of this chapter as a “legal nonconforming use”.

Legislative History

48 Del. Laws, c. 151, § 61 ; 17 Del. C. 1953, § 4186; 50 Del. Laws, c. 276, § 33 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 246, § 43 ; 76 Del. Laws, c. 389, § 2