CHAPTER 188

FORMERLY

HOUSE BILL NO. 284

AN ACT TO AMEND TITLE 7, CHAPTER 41 OF THE DELAWARE CODE RELATING TO TAX DITCHES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 4136, Chapter 41, Title 7 of the Delaware Code by deleting Section 4136(c) in its entirety and substituting therein the following:

"(c) If the report of a majority of the board of ditch commissioners is in favor of the formation of the proposed tax ditch, and if the statement attached to said report indicates that the total benefits that will result from the tax ditch will exceed the total cost of the proposed tax ditch works of improvement, and if the certificate stating the results of the referendum shows that a majority of all votes cast were in favor of the formation of the tax ditch, then the Superior Court shall set a date for the final hearing on the petition and shall direct the Prothonotary to give notice of the hearing by publication in a newspaper of general circulation in each county in which any of the lands to be drained or protected from flooding are located and by posting a written or printed notice on the door of the courthouse of each such county, such publication and posting to be made not less than 15 days before the time of the final hearing. From the time the report of the board of ditch commissioners is filed in the office of the Prothonotary of the appropriate county it shall be open to inspection by any interested person."

Approved March 29, 1990.