Delaware Code Title 7 Sec. 4126 – Determinations to be made by board of ditch commissioners
(a) Upon the filing of a petition for the formation of a tax ditch in the office of the prothonotary of a county, the board of ditch commissioners of such county, acting as officers of the Court, shall, at the direction of the resident judge thereof, go upon the lands that may be included in the tax ditch and determine the approximate sizes, grades and locations of the required drainage ditches; the approximate sizes, locations and specifications for required dikes, levees, structures and other necessary works of improvement; the location of public roads and railroads, and public utility installations within the proposed tax ditch; the exterior boundaries of the tax ditch; the approximate boundaries of each farm, parcel or piece of land within the tax ditch; the location and extent of needed permanent rights-of-way; the estimated total cost of all required tax ditch works of improvement; the damages to lands, if any, which will result from the construction of the tax ditch; and an equitable basis, considering relative benefits to each landowner, for the distribution of costs. The board of ditch commissioners shall obtain from the county soil conservation district such assistance and information as is needed in making the required determinations.
Terms Used In Delaware Code Title 7 Sec. 4126
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(b) When all of the landowners involved, with the approval of the board of ditch commissioners and with the cooperation of the county soil conservation district and the Division of Watershed Stewardship:
(1) Jointly make the determinations regularly assigned to the board of ditch commissioners in subsection (a) of this section and in § 4127 of this title, and
(2) Prepare the assessment list required by § 4129 of this title, and
(3) Supply any additional data necessary to complete the report of the board of ditch commissioners required by § 4130 of this title, and
(4) Personally sign a statement to the effect that they approve the formation of the tax ditch,
the board of ditch commissioners shall prepare their report from said determinations and such data without going upon the lands involved.
48 Del. Laws, c. 151, § ?16; 7 Del. C. 1953, § ?4126; 50 Del. Laws, c. 276, § ?9; 59 Del. Laws, c. 560, § ?2; 70 Del. Laws, c. 246, §§ ?17-22; 77 Del. Laws, c. 430, § ?14;