reglab/housing_qa huggingface dataset:
7 DE Code § 4327. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4327. Waiving of lagoon management commissioners' hearing and referendum.

§ 4327. Waiving of lagoon management commissioners' hearing and referendum. In those cases when all of the landowners involved indicate by signed statement that they are familiar with the report of the board of lagoon management commissioners and that they favor the formation of the tax lagoon, the board of lagoon management commissioners shall not hold a hearing and referendum pursuant to § 4324 of this title, nor shall they give notice thereof as pursuant to § 4323 of this title, but they shall prepare the statement required and file their report, pursuant to § 4325 of this title, without a certificate of referendum. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4329. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4329. Final hearing; lagoon order.

§ 4329. Final hearing; lagoon order. At least 10 days prior to the date set for the final hearing before the Superior Court, any interested person may file an objection in writing to the report of the board of lagoon management commissioners. The Superior Court shall review the report of the board of lagoon management commissioners and any objections filed thereto, and make, in consultation with the lagoon management commissioners, such changes as are necessary to render substantial and equal justice to all interested persons. Damages to any 1 landowner shall not be grounds for denying the petition, but may be used to adjust the assessment base of that property or the damages to be paid to that landowner and shall be considered as part of the total cost of the proposed tax lagoon. If the conditions set forth in § 4328(c) of this title still exist after the objections have been considered and the necessary changes have been made in the report of the board of lagoon management commissioners, the Superior Court shall confirm the report and issue an order granting the petition for the formation of the proposed tax lagoon, said order to be known as the lagoon order. The confirmed report shall be considered a part of said lagoon order. If no objections are presented at the final hearing before the Superior Court the lagoon order shall become effective when issued. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4330. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4330. Right to jury trial; procedure.

§ 4330. Right to jury trial; procedure. When objections to the report of the board of lagoon management commissioners are filed in writing with the Superior Court and when the party filing feels aggrieved by the report of the board of lagoon management commissioners, such party may apply to the Superior Court, within 30 days after the issuance of the lagoon order, for an order in the nature of a writ of inquiry to ascertain by the verdict of a jury at the bar of the Court, the full and true value of the relative benefits, damages, injury or loss which will result to the lands of such person from the improvements to the proposed tax lagoon. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4331. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4331. Defense of contested lagoon orders; Attorney General.

§ 4331. Defense of contested lagoon orders; Attorney General. If the lagoon order is contested, the board of lagoon management commissioners shall defend the order, and in conducting its defense, the board shall be represented by the Attorney General of the State. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4332. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4332. Notice of final action on lagoon order.

§ 4332. Notice of final action on lagoon order. When the lagoon order has become effective because no objection has been filed or because the right to appeal therefrom has expired, the prothonotary shall notify the Division of Watershed Stewardship and shall forward 2 certified copies of the lagoon order to the Division of Watershed Stewardship. 73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  42;
7 DE Code § 4333. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4333. Permanent court record.

§ 4333. Permanent court record. The lagoon order, together with any amendment thereto, shall be a permanent court record and shall be kept in the office of the prothonotary of the county wherein it was issued. It shall not be removed from that office except in cases where an emergency so requires. The prothonotary shall make such docket entries of proceedings as directed by rule of court. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4334. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4334. Employment of private engineer by landowners.

§ 4334. Employment of private engineer by landowners. If the board of supervisors of the county soil conservation district in which all or the major portion of the area involved is located determines that the formation of a tax lagoon is practicable and feasible and is in the interest of the public health, safety and welfare, the interested landowner or owners may at any time thereafter employ at their expense engineering personnel of their selection to assist the Division of Watershed Stewardship. 73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  43;
7 DE Code § 4335. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter III. Formation of Tax Lagoon; Procedure|§ 4335. Exclusive procedure for determination of damages.

§ 4335. Exclusive procedure for determination of damages. The determination, assessment or award of damages or other compensation to be paid to any landowner in connection with the formation of a tax lagoon shall be made under and in accordance with this chapter. Chapter 61 of Title 10 shall not be applicable to proceedings to organize a tax lagoon under this chapter. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4341. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4341. Meeting to organize tax lagoon; notice.

§ 4341. Meeting to organize tax lagoon; notice. (a) The Division of Watershed Stewardship, at its earliest convenience after the lagoon order becomes final, shall call a meeting of the taxables for the purpose of organizing the proposed tax lagoon, including the election of lagoon managers, as called for in the lagoon order, and a secretary-treasurer; the formulation of a plan for dredging the proposed tax lagoon; and levying taxes to cover the costs of construction and maintenance. (b) The Division of Watershed Stewardship shall send a notice to every taxable by first class mail to that landowner's address as currently recorded by the board of assessment of the county at least 10 days prior to that meeting stating the time, place and object of the meeting. (c) A notice of the meeting shall be sent to the chairperson of the board of supervisors of the county soil conservation district. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 430, §  44;
7 DE Code § 4342. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4342. Distribution of lagoon order and this chapter; filing of assessment list.

§ 4342. Distribution of lagoon order and this chapter; filing of assessment list. (a) At the organization meeting of the tax lagoon, the Division of Watershed Stewardship shall deliver to the managers, when elected, a certified copy of the lagoon order and a copy of this chapter, together with all effective amendments thereto. (b) The Division of Watershed Stewardship shall deliver a copy of the assessment list prepared under § 4321 of this title, as modified by the lagoon order, to the board of assessment of the county, making such changes in the names of the owners thereon as are warranted by transfers to new owners of lands assessed. 73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  45;
7 DE Code § 4343. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4343. Voting rights.

§ 4343. Voting rights. At all meetings, each landowner shall be entitled to the same number of votes as the number of dollars assessed against the land of such owner in the lagoon order. In the event that any lands are held by tenants in common or joint tenants, each such tenant in common or joint tenant shall be entitled to the same number of votes as the tenant's fractional share of the total number of dollars assessed against said lands. In the case of lands held by a husband and wife as tenants by the entirety, either the husband or wife may vote all the dollars assessed against their lands. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4344. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4344. Voting by proxy.

§ 4344. Voting by proxy. Any person entitled to vote pursuant to § 4343 of this title may authorize another landowner within the tax lagoon to cast the authorizing landowner's votes in that landowner's stead by executing a proxy. The proxy shall be signed, dated and notarized. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4345. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4345. Election of lagoon managers and a secretary-treasurer; terms of office; vacancies.

§ 4345. Election of lagoon managers and a secretary-treasurer; terms of office; vacancies. (a) At the first meeting the taxables shall elect from their group the number of lagoon managers specified in the lagoon order, and a secretary-treasurer. (b) The term of office of each lagoon manager and of the secretary-treasurer shall be 1 year. If the lagoon managers and secretary-treasurer first elected are elected prior to July 1 of any year, the time elapsing between said election and the first annual January meeting provided for in § 4348 of this title shall be deemed to constitute the first year of their terms of office. However, if the lagoon managers and secretary-treasurer first elected are elected on or after July 1 of any year, their terms of office shall not be deemed to begin until the said first annual January meeting, although they shall assume the duties and responsibilities of their respective offices immediately upon election. (c) In the event that any tax lagoon officer dies, resigns, ceases to be 1 of the taxables, or is removed from office, the remaining lagoon officers shall, within 60 days, appoint a taxable to serve the remainder of the term of such officer. However, except in the case of death or removal from office, each tax lagoon officer shall continue to serve until a successor has been appointed. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4346. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4346. Chairperson of lagoon managers; duties.

§ 4346. Chairperson of lagoon managers; duties. Immediately after they are elected, the lagoon managers shall designate 1 of their number to serve as chairperson. The chairperson shall call meetings of the lagoon managers and taxables and shall preside thereat. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4347. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4347. Compensation of lagoon managers and secretary-treasurer.

§ 4347. Compensation of lagoon managers and secretary-treasurer. Tax lagoon managers and the secretary-treasurer may be entitled to receive compensation at a rate to be determined by a majority of the eligible votes of those taxables present at the first meeting provided for in § 4348 of this title. The rate of compensation for the tax lagoon managers and secretary-treasurer may be revised only at a regular annual meeting of the taxables. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4348. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4348. Annual and other meetings of taxables; notice of meetings.

§ 4348. Annual and other meetings of taxables; notice of meetings. At the first meeting the taxables shall set a date for the regular annual meeting. This date may not be changed except by action of a majority of the taxables present at a regular annual meeting. The chairperson of the lagoon managers may call special meetings at such times as the circumstances warrant. At least 10 days' notice of all meetings shall be given by the lagoon managers using either of the following methods:  (1) By publishing in a newspaper of general circulation in the area of a tax lagoon, and by posting at 5 conspicuous places in or near the area of said tax lagoon, a notice stating the time, place and object of the meeting; or (2) By mailing to each affected taxable at the address currently shown on the records of the board of assessment of the county a notice stating the time, place and object of the meeting.73 Del. Laws, c. 389, §  1;
7 DE Code § 4349. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4349. Meetings of lagoon managers; quorum.

§ 4349. Meetings of lagoon managers; quorum. The lagoon managers shall meet as often as necessary to properly conduct the business of the tax lagoon. At such meetings a majority of the lagoon managers shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4350. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4350. Powers of a tax lagoon.

§ 4350. Powers of a tax lagoon. A tax lagoon 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 lagoon; and suits against the tax lagoon 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 dredging management and administering the tax lagoon; (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 lagoon which are needed for right-of-way or outlet purposes; (8) Accept contributions from landowners assessed in the tax lagoon and disburse such funds for the purposes of performing certain operations, such as, but not limited to, dredging, which operations are authorized in the tax lagoon order but which are not included in the original estimated costs; and (9) Call upon the Division of Watershed Stewardship for assistance with administrative and operations problems of the tax lagoon.73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  46;
7 DE Code § 4351. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4351. Duties of lagoon managers.

§ 4351. Duties of lagoon managers. In addition to the duties specified in other sections of this chapter, the lagoon managers shall:  (1) Determine from the taxables the desired program of operations; (2) Determine the amount of taxes to be levied to carry out such desired program; (3) Secure specific authority for borrowing money in the name of the tax lagoon by a majority vote of the taxables present at a duly called meeting of the tax lagoon; (4) At the first meeting, or within 30 days thereafter, prepare, with the assistance of the Division of Watershed Stewardship, a comprehensive plan for carrying out the desired program, which plan shall include provisions for levying taxes and for financing the program; (5) Execute warrants, with the assistance of the Division of Watershed Stewardship, to the receiver of taxes and county treasurer authorizing and requesting the collection of all tax lagoon taxes other than maintenance taxes; (6) Execute a warrant, with the assistance of the Division of Watershed Stewardship, to the receiver of taxes and county treasurer authorizing and requesting the annual collection of a tax in the amount of 2 percent of the total assessment base or in the amount of 2 percent of the total benefits for tax lagoons previously formed under the original provisions of this chapter, said warrant to be marked plainly as being for annual maintenance taxes and to be issued simultaneously with the issuance of the first warrant for the collection of taxes for construction purposes; (7) Make a report, at the annual meeting, of their activities during the year preceding such annual meeting; (8) Provide for work on the tax lagoon; and (9) Provide for adequate maintenance of the tax lagoon.73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  47;
7 DE Code § 4352. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4352. Duties of secretary-treasurer of tax lagoon.

§ 4352. Duties of secretary-treasurer of tax lagoon. In addition to any powers and duties set forth elsewhere in this chapter, the secretary-treasurer of the tax lagoon shall:  (1) Keep accurate minutes of all meetings of the lagoon managers and taxables; and such minutes shall be a part of the permanent records of the tax lagoon; (2) Prepare a complete financial statement at the end of each calendar year, including therein an itemized report of all funds received, all funds expended, all funds due from taxes not yet collected, and all sums due and owing by the tax lagoon; and this statement and the records of the secretary-treasurer shall be audited annually by 2 qualified persons and shall become part of the permanent records of the tax lagoon; (3) Provide for the safekeeping of any funds of the tax lagoon which are placed in the secretary-treasurer's custody; and (4) Attend all meetings of the lagoon managers and taxables.73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4353. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4353. Bond of secretary-treasurer.

§ 4353. Bond of secretary-treasurer. The secretary-treasurer shall, before assuming the duties of office and within 15 days after election, furnish a bond in favor of the tax lagoon, in an amount satisfactory to the lagoon managers and with a surety to be approved by the lagoon managers, conditioned on the faithful performance of duties and for the payment to the secretary-treasurer's successor of all tax lagoon funds. If any person elected secretary-treasurer neglects or refuses to give bond as aforesaid within the time specified, such person's right to hold such office shall be terminated, and the lagoon managers shall call a special meeting of the taxables to elect a new secretary-treasurer who shall give bond and security as provided in this section. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4354. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4354. Failure of lagoon officer to perform duties; remedy; removal.

§ 4354. Failure of lagoon officer to perform duties; remedy; removal. If any officer of a tax lagoon fails to perform the duties imposed on such officer by this chapter, any taxable may petition the Superior Court from which the lagoon order was issued and request an order directing said officer to carry out the duties of such office, and upon failure to comply with the order within the time stated therein, the taxable may further petition the Superior Court for the removal of the officer. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4355. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4355. Signatures on instruments issued by tax lagoon.

§ 4355. Signatures on instruments issued by tax lagoon. Any note, bond, warrant or other instrument issued by a tax lagoon pursuant to this chapter shall be signed by the chairperson of the lagoon managers, and the chairperson's signature shall be attested by the secretary-treasurer of the tax lagoon. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4356. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4356. Liability of tax lagoon officers.

§ 4356. Liability of tax lagoon officers. No lagoon manager or other officer of a tax lagoon shall be held personally liable for the obligations of the tax lagoon. The tax lagoon shall indemnify the lagoon managers or other officers in accordance with § 4003 of Title 10 for all tort claims. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4357. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter IV. Powers of Tax Lagoon|§ 4357. Limitation on borrowing power of tax lagoon.

§ 4357. Limitation on borrowing power of tax lagoon. A tax lagoon may borrow money pursuant to this chapter with the consent of a majority of the votes cast at a meeting duly called under § 4348 of this title. No tax lagoon shall borrow money in excess of 90 percent of the total assessment base established by the lagoon order. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4361. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter V. Taxation|§ 4361. Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship.

§ 4361. Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship. (a) For tax lagoons formed under this chapter, the board of assessment of the county shall transcribe the information shown on the assessment list delivered to it pursuant to § 4351(4) of this title into a special assessment book, and it shall keep the same as part of the permanent records of its office. It shall also change the name of the owner shown therein from time to time as such changes are warranted by transfers of the lands assessed to new owners. (b) The Division of Watershed Stewardship shall assist the various boards of assessment of all 3 counties, upon request, to make such changes in their special lagoon assessment books as are warranted by transfers of properties listed therein. 73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §§  48, 49;