CHAPTER 559

FORMERLY HOUSE BILL

NO. 835

AN ACT TO AMEND TITLE 9, CHAPTER 13 AND CHAPTER 83 WITH RESPECT TO PROCEDURES FOR ASSESSMENT OF LANDS IN NEW CASTLE COUNTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 9, Delaware Code, is amended by adding a new Section 1307-A.

Title 9, § 1307-A. Appointment and duties of additional Board members and referees.

(a) In each of the two years following a general reassessment of property in New Castle County, County Council may by ordinance expand the Board of Assessment Review by adding six additional members who shall serve for a term of one year. County Council shall appoint one member from each of the councilmanic districts 1 through 6 who shall be residents and freeholders of the districts from which appointed. No member shall forfeit his office by virtue of lack of continued residence in the district from which appointed if the potential disqualification shall arise solely from a change in the boundaries of a councilmanic district.

() In each of the two years following a general reassessment of property in New Castle County, County Council may by ordinance authorize appointment of referees to hear appeals of property assessments. The Director of the Department of Finance shall appoint with the advice and consent of County Council such referees as are authorized by ordinance. Referees appointed hereunder shall be members of the Bar of the State of Delaware.

(a) Appeals may be heard by panels of three or more members of the Board or by the referees individually when said referees are authorized pursuant to subsection (b) hereof. The panel or the referee shall submit a recommendation to the Board

which shall determine whether the assessment is correct based upon the record of the appeal hearing and the recommendation of the panel or the referee.

(d) Referees shall be paid as provided by County Council.

Section 2. Title 9, § 1307 is amended by striking the last sentence of said section and substituting in lieu thereof the following:

Each member shall be entitled to such compensation based on time that the member serves as County Council shall determine.

Section 3. Title 9, § 1308 is amended by inserting the following paragraph:

(4) Prepare such rules and regulations for its operation as it deems appropriate.

Section 4. Title 9, § 131I(a) is amended by striking the last sentence in its entirety and inserting in lieu thereof the following:

County Council of New Castle County shall by ordinance establish the dates during which appeals from assessments of the Department of Finance to the Board of Assessment Review may be heard.

Section 5. Title 9, § 1309 is amended by inserting after the word "owner" in the second line the words "or County".

Section 6. Title 9, § 8313(b) is amended by inserting after the word "mail," in line 6 the words "and the Department of Finance,".

Section 7. Title 9, § 83I3(c) is amended by inserting after the word "Department" in line 3 the words ", or New Castle County,".

Approved July 21,1972.