CHAPTER 321

FORMERLY

HOUSE BILL NO. 475

AN ACT TO AMEND TITLE 7 AND TITLE 25 OF THE DELAWARE CODE RELATING TO RECORDING OF NOTICE OF TAX DITCH, TAX LAGOON RIGHT-OF-WAY, OR ASSESSMENT, AND DEEDS.

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

Section 1. Amend Chapter 41, Title 7 of the Delaware Code by adding a new Section to read as follows:

Ҥ4195. 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(s) 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.”

Section 2. Amend Chapter 43, Title 7 of the Delaware Code by adding a new Section to read as follows:

Ҥ 4389. 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 with 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 lagoon 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 change of parcel numbers subject to such a 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 with 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 lagoon;

(2) state the owner's name(s) 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.".

Section 3. Amend Subchapter II, Chapter 1, Title 25 of the Delaware Code by adding a new Section to read as follows:

"§ 135. Tax ditch, tax lagoon, right-of-way, or assessment.

Any deed transferring a parcel of real property listed in an order recorded pursuant to § 4195 or § 4389 of Title 7 of this Code shall specifically state in the deed that such parcel of real property may be subject to a tax ditch right-of-way and/or assessment, or a tax lagoon right-of-way and/or assessment pursuant to Superior Court order, and shall state the date of the court order and the order's recording information in the Recorder of Deeds' office of the county.".

Section 4. This Act shall become effective 180 days after its enactment.

Approved June 28, 2006