Terms Used In Delaware Code > Title 3 > Chapter 90 - Pest Control Compact

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• ADR: means the alternative dispute resolution method provided for by this chapter unless the parties to a dispute adopt by written agreement some other method of ADR in which event "ADR" shall refer to the method they adopt. See Delaware Code Title 6 Sec. 7702
• ADR Specialist: means an individual who has the qualifications provided for in § 7708 of this title to conduct an ADR proceeding. See Delaware Code Title 6 Sec. 7702
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• certificate of conformance: means a document issued by the National Institute of Standards and Technology based on testing in participating laboratories that indicates that the weights and measures or weighing and measuring device or devices conform with the requirements of National Institute of Standards and Technology Handbook 44 and supplements thereto, or in any publication superseding these publications. See Delaware Code Title 6 Sec. 5101
• commodity in package form: means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. See Delaware Code Title 6 Sec. 5101
• Contract: A legal written agreement that becomes binding when signed.
• Coordination: as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose. See Delaware Code Title 9 Sec. 2652
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: means New Castle County. See Delaware Code Title 9 Sec. 2201
• County: means New Castle. See Delaware Code Title 9 Sec. 2652
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Developer: means any person, including a governmental agency, undertaking any development as defined in this subchapter. See Delaware Code Title 9 Sec. 2652
• Development: means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions. See Delaware Code Title 9 Sec. 2652
• Development order: means any order granting, denying or granting with conditions an application for a development permit. See Delaware Code Title 9 Sec. 2652
• Development permit: includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land. See Delaware Code Title 9 Sec. 2652
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• dispute subject to ADR: means any dispute that:

  a. See Delaware Code Title 6 Sec. 7702

• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• General partner: means a person who is named as a general partner in the certificate of limited partnership or similar instrument under which a limited partnership is formed if so required and who is admitted to the limited partnership as a general partner in accordance with the partnership agreement or this chapter, and includes a general partner of the limited partnership generally and a general partner associated with a series of the limited partnership. See Delaware Code Title 6 Sec. 17-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the chief governing body of County Council, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein. See Delaware Code Title 9 Sec. 2652
• Governmental agency: means :

  a. See Delaware Code Title 9 Sec. 2652

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• inspector: means a state inspector of weights and measures. See Delaware Code Title 6 Sec. 5101
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• intrastate commerce: means any and all commerce or trade that is begun, carried on, and completed wholly within the limits of this State, and the phrase "introduced into intrastate commerce" defines the time and place at which the first sale and delivery of a commodity is made within the State, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser. See Delaware Code Title 6 Sec. 5101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• Land: means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. See Delaware Code Title 9 Sec. 2652
• Land development regulation commission: means a commission designated by a County Council to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and to report to the governing body regarding its findings. See Delaware Code Title 9 Sec. 2652
• Land development regulations: means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any County Council zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land. See Delaware Code Title 9 Sec. 2652
• Land use: means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan. See Delaware Code Title 9 Sec. 2652
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means any municipality. See Delaware Code Title 9 Sec. 2652
• Local planning agency: means the agency designated to prepare the comprehensive plan required by this subchapter. See Delaware Code Title 9 Sec. 2652
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• newspaper of general circulation: means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is given away primarily to distribute advertising. See Delaware Code Title 9 Sec. 2652
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Parcel of land: means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. See Delaware Code Title 9 Sec. 2652
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity. See Delaware Code Title 9 Sec. 2652
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• person: means both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, companies, societies, and associations. See Delaware Code Title 6 Sec. 5101
• Person: means any individual, corporation, association, partnership, statutory trust, business trust, limited liability company or other entity whether or not organized for profit. See Delaware Code Title 6 Sec. 7702
• Personal property: All property that is not real property.
• Public facilities: means major capital improvements over which the County has jurisdiction. See Delaware Code Title 9 Sec. 2652
• public meeting: means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area. See Delaware Code Title 9 Sec. 2652
• Quorum: The number of legislators that must be present to do business.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Revenue bonds: means bonds to the payment of which all or any part of the revenues derived from the operation of any sewerage system are pledged in accordance with this chapter. See Delaware Code Title 9 Sec. 2201
• Service charges: means rents, rates, fees or other charges charged or collected under § 2209 of this title. See Delaware Code Title 9 Sec. 2201
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewerage system: means the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the County for the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes, garbage and storm water, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal systems, plants and works, connections, and outfalls, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and convenient for such purposes. See Delaware Code Title 9 Sec. 2201
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Summons: Another word for subpoena used by the criminal justice system.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• weight: as used in this chapter in connection with any commodity shall mean net weight. See Delaware Code Title 6 Sec. 5122