reglab/housing_qa huggingface dataset:
7 DE Code § 4177. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter V. Taxation|§ 4177. Installment payment of taxes for construction; lien; amount of first installment.

§ 4177. Installment payment of taxes for construction; lien; amount of first installment. (a) The ditch managers may order the tax levied for the cost of construction to be paid in annual installments and shall designate the method of payment on the tax warrant when it is forwarded to the appropriate receiver of taxes and county treasurer. (b) In the event that the ditch managers order the tax levied for the cost of construction to be paid in annual installments, the entire tax shall, nevertheless, constitute a present lien on the lands against which it is levied, and the amount of the first installment shall not be less than the sum of all payments for damages and compensation as set forth in the ditch order, plus the costs and expenses incurred in the formation of a tax ditch. 48 Del. Laws, c. 151, §  54;  7 Del. C. 1953, §  4177;
7 DE Code § 4178. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter V. Taxation|§ 4178. Taxes as security for loans; notation on tax warrant.

§ 4178. Taxes as security for loans; notation on tax warrant. A tax ditch may secure the payment of any loan made to it by entering on the tax warrant provided for in § 4162(5) of this title, a statement setting forth the fact that the taxes shown on the tax warrants have been pledged to secure the payment of a certain designated loan and, if a loan is so secured, by reciting the amount and terms of the loan and from whom it is being obtained, and by directing the receiver of taxes and county treasurer to pay any such taxes collected by him or her directly to the creditor until the loan is repaid. Such warrant may not be withdrawn and may not be altered or cancelled without the written consent of the creditor until the loan is repaid. 48 Del. Laws, c. 151, §  55;  7 Del. C. 1953, §  4178;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4179. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter V. Taxation|§ 4179. Special tax.

§ 4179. Special tax. A special tax to raise the funds necessary to carry into effect any of the provisions of this chapter and not otherwise provided for herein, may be levied by the ditch managers in the same manner as provided in this chapter for levying taxes for original construction. 48 Del. Laws, c. 151, §  56;  7 Del. C. 1953, §  4179;
7 DE Code § 4180. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter V. Taxation|§ 4180. Lien of taxes; enforcement.

§ 4180. Lien of taxes; enforcement. All taxes levied under this chapter shall constitute a first and paramount lien against the lands to which they apply from and after the date of such levy, subject only to the lien for state and county taxes, which lien may be enforced by sale or otherwise in the same manner as the lien for the county taxes. All such taxes shall be collected by the appropriate receiver of taxes and county treasurer as provided in § 4176 of this title. Penalties for failure to make payment by the due date shall apply to taxes levied under this chapter in the same manner and amount as in the case of county taxes, and funds so received shall be credited to the tax ditch. 48 Del. Laws, c. 151, §  57;  7 Del. C. 1953, §  4180;
7 DE Code § 4181. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter V. Taxation|§ 4181. Adjustment of maintenance tax.

§ 4181. Adjustment of maintenance tax. When in the opinion of the ditch managers the amount of the tax levied to defray the cost of annual maintenance is either insufficient or excessive, they may raise or lower the same for the current and succeeding years with the consent of the county soil conservation district, acting upon the advice of the Division of Watershed Stewardship. If the annual maintenance tax is so raised or lowered, it shall be apportioned to each landowner in accordance with § 4172 of this title and a new maintenance tax warrant shall be delivered to the appropriate receiver of taxes and county treasurer. 48 Del. Laws, c. 151, §  58;  7 Del. C. 1953, §  4181;  59 Del. Laws, c. 560, §  2;  77 Del. Laws, c. 430, §  26;
7 DE Code § 4182. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter V. Taxation|§ 4182. Limitation on liability of landowner for taxes.

§ 4182. Limitation on liability of landowner for taxes. No landowner shall be liable in any manner for any taxes levied by the tax ditch against the lands of another owner. 48 Del. Laws, c. 151, §  59;  7 Del. C. 1953, §  4182;
7 DE Code § 4185. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4185. Payment of damages and compensation.

§ 4185. Payment of damages and compensation. The damages and compensation awarded by the terms of the ditch order shall be paid to the person entitled thereto out of the first funds available to the tax ditch under this chapter, and no construction shall commence until said damages and compensation have been paid. 48 Del. Laws, c. 151, §  60;  7 Del. C. 1953, §  4185;
7 DE Code § 4186. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4186. Obstruction of or damage to tax ditch; civil and criminal liability.

§ 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”. 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;
7 DE Code § 4187. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4187. Right of entry upon lands.

§ 4187. Right of entry upon lands. The Division of Watershed Stewardship, engineering personnel hired under § 4142 of this title, the soil conservation district supervisors, the Department of Natural Resources and Environmental Control, the ditch commissioners, the ditch managers, or any of their employees or agents, may enter upon any lands within the tax ditch at all reasonable times in order to carry out the purpose of this chapter. 48 Del. Laws, c. 151, §  62;  7 Del. C. 1953, §  4187;  57 Del. Laws, c. 739, §  188;  59 Del. Laws, c. 560, §  2;  70 Del. Laws, c. 246, §  44;  77 Del. Laws, c. 430, §  27;
7 DE Code § 4188. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4188. Addition of territory to a tax ditch.

§ 4188. Addition of territory to a tax ditch. (a) Any landowner who desires his or her lands to be included within a tax ditch formed under this chapter, may present a petition for an amendment to the existing ditch order to include such lands, to the Superior Court of the county which issued said ditch order through the board of supervisors of the soil conservation district of the same county, and the procedure shall be substantially the same as method in § 4189(3) of this title, for amending a ditch order, except that, in addition to establishing an assessment base which will be the basis for all future ditch taxes, for each parcel of land being included within the tax ditch, a special assessment, based generally on the approximate total amount of taxes that would have been levied against such parcels of land since the tax ditch was formed, had such lands been within the original boundaries of said tax ditch and other considerations, shall be determined by the board of ditch commissioners and payment thereof prescribed in their report to the Superior Court. (b) In those cases when any landowner, directly or indirectly, alters lands to utilize any part of a tax ditch to benefit land which is not within the original boundary of the tax ditch as established in the ditch order and which was not assessed as part of the tax ditch, or which was not assessed to the prong or part of the tax ditch utilized by the alteration, and when the landowner or owners have not secured an amendment to the ditch order in accordance with the procedure set forth in subsection (a) of this section, it shall be assumed that such landowner accepts the liability for payment of a special assessment and costs incurred in processing an amendment to the ditch order, in addition to all future ditch taxes, and it shall be the duty of the ditch managers in the name of the tax ditch to present a petition for an amendment to the existing ditch order to include such lands, in the same manner as set forth in subsection (a) of this section and the procedure shall be the same as outlined in that subsection, except that estimated costs of processing the amendment shall be added to the special assessment which will be established by the board of ditch commissioners. (c) In those cases when any landowner desires his or her lands to be included within a tax ditch and when agreement can be reached on the part of the landowner and the tax ditch managers as to the special assessment to be paid and the assessment base to be established as the basis for all future ditch taxes, then method (1) or method (2) of § 4189 of this title may be used to add the additional territory to the tax ditch. 48 Del. Laws, c. 151, §  64;  7 Del. C. 1953, §  4188;  50 Del. Laws, c. 276, §  34;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 246, §  45;
7 DE Code § 4190. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4190. Bridges and culverts.

§ 4190. Bridges and culverts. If any public road crossed by any part of a tax ditch will be benefited so that the public should construct and maintain a bridge or culvert at such crossing, the board of ditch commissioners shall so state in their report and upon establishment of the tax ditch such bridges or culverts shall be constructed and maintained at the public charge from funds provided for that purpose. 48 Del. Laws, c. 151, §  66;  7 Del. C. 1953, §  4190;
7 DE Code § 4191. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4191. Ditches near highways.

§ 4191. Ditches near highways. The Department of Transportation shall maintain the highway drainage system insofar as is possible in such manner as to prevent silt from such system from obstructing any part of a tax ditch. If silt enters from the highway system and obstructs a tax ditch the Department of Transportation shall remove the same within a reasonable time after being given notice of such obstruction by the ditch managers. 48 Del. Laws, c. 151, §  67;  7 Del. C. 1953, §  4191;  60 Del. Laws, c. 503, §  21;
7 DE Code § 4192. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4192. Dissolution of tax ditch.

§ 4192. Dissolution of tax ditch. After a duly called meeting of the taxables at which a majority of all eligible votes have been cast in favor of dissolving a tax ditch, created under this chapter, the ditch managers shall prepare a petition requesting such dissolution to the Superior Court through the appropriate county soil conservation district. If the tax ditch has operated for at least 10 years, and if said district is of the opinion that the dissolution of such tax ditch is in the public interest, it shall file the petition therefor, together with the recommendations of said district in the office of the prothonotary of the county in which the original ditch order was issued. After a petition for dissolution has been so filed, the Superior Court shall issue an order dissolving the tax ditch. No such order of dissolution shall be issued unless and until all obligations of the tax ditch have been paid in full and all commitments of the tax ditch have been fulfilled. 48 Del. Laws, c. 151, §  68;  7 Del. C. 1953, §  4192;
7 DE Code § 4193. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4193. Ditches in Kent County; transfer by Department of Transportation to tax ditch.

§ 4193. Ditches in Kent County; transfer by Department of Transportation to tax ditch. If any landowners in Kent County establish a tax ditch under this chapter, the Department of Transportation shall transfer to the tax ditch all its right, title and interest in and to any existing ditch or ditches, within the boundaries of the new tax ditch, which have previously been transferred to the Department under § 28 of Chapter 105 of the 1935 Revised Code of Delaware, and the Department shall delegate to the new tax ditch all its powers and duties in connection with the existing ditch or ditches. 48 Del. Laws, c. 151, §  70;  7 Del. C. 1953, §  4193;  60 Del. Laws, c. 503, §  21;
7 DE Code § 4194. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4194. Appropriations to Department of Natural Resources and Environmental Control.

§ 4194. Appropriations to Department of Natural Resources and Environmental Control. An appropriation to the Department of Natural Resources and Environmental Control for purposes of planning, designing and constructing tax ditches/public group ditches shall be included in the annual appropriation bill (budget bill) of the General Assembly. 48 Del. Laws, c. 151, §  74;  7 Del. C. 1953, §  4194;  57 Del. Laws, c. 739, §  190;  67 Del. Laws, c. 359, §  1;
7 DE Code § 4195. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 41. Drainage of Lands and Management of Waters; Tax Ditches|Subchapter VI. General Provisions|§ 4195. Notice of right-of-way, or assessment.

§ 4195. Notice of right-of-way, or assessment. (a) The Department of Natural Resources and Environmental Control shall certify and file with the prothonotary of each county a list of all parcels by county tax parcel numbers and all owners of said parcels of real property located in that county which are subject to any portion of a right-of-way or assessment as part of a tax ditch created by this chapter. The list shall be in alphabetical order by owner. The Department shall also certify and similarly file a list of any changes of parcel numbers subject to such right-of-way or assessment annually. Additionally, the Department shall certify and similarly file a list of any addition or deletion of a parcel or parcels subject to a right-of-way or assessment immediately upon making any such addition or deletion. (b) No later than 180 days after complying with subsection (a) of this section the Department shall certify and file with the prothonotary of each county a list of all parcels by county tax parcel numbers and all owners of said parcels listed in alphabetical order and designating which parcels are subject to a right-of-way and assessment, and which parcels are subject only to an assessment. (c) The certified list submitted pursuant to subsection (a) or (b) of this section shall be confirmed by order of the Resident Judge of Superior Court for each county, which order shall:  (1) State the name of the tax ditch; (2) State the owner's name or names and that owner's county tax parcel number for each parcel subject to the right-of-way and assessment and each parcel subject to an assessment only; and (3) Direct that the order be recorded in the Office of the Recorder of Deeds in and for that county. (d) There shall be no charge or fee to file the list required by subsection (a) of this section. (e) There shall be no charge or fee to record the order pursuant to this subsection. 75 Del. Laws, c. 321, §  1;
7 DE Code § 4301. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter I. General Provisions|§ 4301. Declaration of policy.

§ 4301. Declaration of policy. It is declared that the removal of accumulated sediment from artificially constructed lagoons and the management of such lagoons for navigational improvement shall be considered a public benefit and conducive to the public health, safety and welfare. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4302. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter I. General Provisions|§ 4302. Purpose.

§ 4302. Purpose. It is the purpose of this chapter in carrying out the policy declared in § 4301 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving lagoon organizations in the State under the supervision of the Department of Natural Resources and Environment Control to the end that the improvement and management of these waterways may be accomplished in a workable and practicable manner. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4303. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter I. General Provisions|§ 4303. Definitions.

§ 4303. Definitions. For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:  (1) “Benefits” include, but shall not be limited to, the privilege of participating in a cooperative system for the management of water and sediment from one's lands by a tax lagoon formed under this chapter. (2) “Dredging” means water and sediment management by lagoon areas to safely remove accumulated sediment. (3) “Lagoon” means a manmade body of water constructed for the purpose of residential housing and mooring of recreational boats and directly connected to tidal waters. (4) “Landowner” or “owner” means that person or group of persons in whom the entire title to a certain tract of land is vested. (5) “Sediment management” means the removal, storage or application of sediment or earth by intentional means, including but not limited to the dredging thereof of subaqueous lands. (6) “Taxable” means any person entitled to vote under this chapter. (7) “Water management” means the improvement of water by intentional means for the purpose of navigation.73 Del. Laws, c. 389, §  1;
7 DE Code § 4304. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter II. Boards of Lagoon Management Commissioners|§ 4304. Lagoon management commissioners; membership; qualifications; term; vacancies; secretary.

§ 4304. Lagoon management commissioners; membership; qualifications; term; vacancies; secretary. (a) A board of lagoon management commissioners consisting of 3 lagoon management commissioners and 3 alternate lagoon management commissioners is continued for each county within the State. Upon the expiration of the terms of office of the present and all future management commissioners, the resident judge for each county shall appoint lagoon management commissioners and alternate lagoon management commissioners, who may be selected from lists of 10 or more names submitted by the Division of Watershed Stewardship. Each lagoon management commissioner and alternate lagoon management commissioner shall be a resident landowner of the county from which that lagoon management commissioner or alternate is appointed, shall have some knowledge of lagoon management, such as sedimentation problems and its impact on navigation, and shall be familiar with land values within such county. (b) The term of office for each lagoon management commissioner shall be 3 years. The term of office for the alternate lagoon management commissioners shall be 1 year each. A lagoon management commissioner or alternate lagoon management commissioner may be reappointed to successive terms of office. All appointments shall be effective as of August 1 of each year. (c) In the case of the death, resignation or removal from office of a lagoon management commissioner, the vacancy shall be filled by the appointment of one of the alternate lagoon management commissioners to serve for the remainder of the term of the vacating lagoon management commissioner. (d) Except in the case of death or removal from office, a lagoon management commissioner shall hold office until a successor has been appointed. (e) The Division of Watershed Stewardship shall serve as secretary, without voting authority, for each of the county boards of lagoon management commissioners. 73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  2;  77 Del. Laws, c. 430, §  29;
7 DE Code § 4305. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter II. Boards of Lagoon Management Commissioners|§ 4305. Disqualification of members.

§ 4305. Disqualification of members. In those cases where any member of the board of lagoon management commissioners owns lands within the boundary of a proposed tax lagoon, such member shall not serve as a member of said board on that particular tax lagoon, and an alternate lagoon management commissioner shall serve in the member's stead. 73 Del. Laws, c. 389, §  1;
7 DE Code § 4306. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 43. Dredging and Management of Lagoons|Subchapter II. Boards of Lagoon Management Commissioners|§ 4306. Chairperson; quorum; voting.

§ 4306. Chairperson; quorum; voting. A chairperson of each board of lagoon management commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the lagoon management commissioners of each board 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;  70 Del. Laws, c. 186, §  1;