CHAPTER 386

FORMERLY

HOUSE BILL NO. 499

AS AMENDED BY

HOUSE AMENDMENT NO. 1

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 4141, Title 7 of the Delaware Code by deleting the period ‘.’ found at the end of the first sentence and inserting in lieu thereof the following phrase:

“and copies of the ditch order shall be recorded in a Tax Ditch Volume in the Office of the Recorder of Deeds in the county where the tax ditch is located. A filing fee for all new tax ditch orders shall be charged by the Office of the Recorder of Deeds after the effective date of this legislation.’”.

Section 2. A task force shall be established to develop and submit appropriate procedures for the implementation of recording tax ditches in the Recorder of Deeds Office in each county. The task force shall be referred to as the ‘Tax Ditch Recordation Task Force’, and shall consist of the following members:

1. the Recorder of Deeds from each county or their designee;

2. two (2) representatives from title insurance companies who do a significant amount of business in Delaware;

3. one (1) representative from the Delaware State Bar Association Real and Personal Property Section; and

4. one (1) representative of the Division of Soil and Water Conservation, Department of Natural Resources and Environmental Control.

5. The Chair shall be selected by the members of the Task Force.

The Task Force created by this Act shall:

1. hold its first meeting within sixty (60) days of passage of this Act;

2. develop appropriate procedures for the uniform recording of existing tax ditches in each county;

3. develop appropriate procedures for the uniform recording of new tax ditches in each county; and

4. implement these procedures in each county.”

Section 3. This Act shall become effective upon the specific appropriation of funds for such purposes in the Annual Appropriations Act.

Section 4. After specific appropriation of funds for such purposes, this Act shall be implemented only upon the placement of a comprehensive procedure by the Tax Ditch Recordation Task Force in each county’s Recorder of the Deeds’ Office.

Section 5. The House of Representatives shall provide staffing and support for the Task Force.

Approved July 19, 2004