Delaware Code § 7-4317

Filing of petition and report; action by district when formation is found to be not practicable and
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feasible.
(a) If the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is practicable, feasible and in
the interest of the public health, safety and welfare, it shall file the petition in the office of the prothonotary of the county in which all
or the major portion of the land involved is located.
(b) Where the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is not practicable and
feasible or is not in the interest of the public health, safety and welfare, it shall so notify all of the petitioners involved, and a new petition
for the formation of that tax lagoon may not be refiled for a period of 1 year from the date of said notice.

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