§ 4312 — Form of petition

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

PETITION

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To the Superior Court of ________________________________ County through the Division of Watershed Stewardship:

Whereas the undersigned (is)(are) the owner(s) of subaqueous lands within lagoon areas subject to sedimentation 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 dredging and the prevention of sedimentation of said subaqueous lands within lagoons would be a public benefit and conducive to the public health, safety and welfare; and

Whereas the undersigned desire that a tax lagoon be formed under the provisions of Chapter 43 of Title 7 of the Delaware Code, said tax lagoon to be known as ________________________________ Tax Lagoon;

The undersigned therefore request the Division of Watershed Stewardship 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 ________________________________ Tax Lagoon.

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

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(Space for Signatures)

Legislative History

73 Del. Laws, c. 389, § 1 ; 77 Del. Laws, c. 430, § 34