Delaware Code Title 9 Sec. 8312 – Notice that assessment may be inspected; appeals; notice of decision; …
(a) Each board of assessment or Department of Finance or Department of Land Use shall publish notices of the places where the assessments may be inspected together with a notice of the time and place of the sittings to hear appeals and make additions or corrections in regard to the assessments. The notices published by each board of assessment or Department of Finance or Department of Land Use shall also state the time and place for filing written notices of appeal with each board of assessment or Department of Finance or Department of Land Use, as provided in § 8311(a) of this title. Such notice shall appear at least once a week for 2 weeks in at least 2 newspapers in the case of Kent and Sussex Counties and, in the case of New Castle County, in at least 2 newspapers, 1 of which is the newspaper with the highest general circulation published in New Castle County. Each board of assessment or Department of Finance or Department of Land Use may use such other means as will best bring such notice to the attention of the parties or taxables interested.
Terms Used In Delaware Code Title 9 Sec. 8312
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Each board of assessment or Department of Finance or Department of Land Use shall sit and hear all appeals properly filed and shall permit the introduction of all relevant evidence, including the testimony of witnesses, presented by the appellant. Each board of assessment or Department of Finance or Department of Land Use shall make and keep a record of all evidence presented at such appeal proceedings. Each board of assessment or Department of Finance or Department of Land Use shall notify the appellant in writing, by registered mail, of its decision within 5 days of the date of its decision.
(c) Any person who, after properly filing an appeal before any board of assessment or Department of Finance or Department of Land Use, feels aggrieved by the decision of such body may, within 30 days by postmark date after receiving notice of its decision, appeal therefrom to the Superior Court of the county in which such person resides. The decision of each board of assessment or Department of Finance or Department of Land Use shall be prima facie correct and the burden of proof shall be on the appellant to show that such body acted contrary to law, fraudulently, arbitrarily or capriciously. The appellant shall be heard on the record and proceedings of each board of assessment or Department of Finance or Department of Land Use which shall be certified to the Court by such body within 15 days after service on such body of a notice of appeal. The Court may permit the appellant or each board of assessment or Department of Finance or Department of Land Use to present any new or different evidence pertinent to the matter. The Court may affirm, reverse or modify the decision of such body and the decision of the Court shall be final. The Court at its discretion may also remand the matter to the board to clarify issues of fact or to make findings consistent with the Court’s decision.
24 Del. Laws, c. 57; Code 1915, §§ ?1112A, 1112B, 1113; 28 Del. Laws, c. 79, § ?12; 29 Del. Laws, c. 72, § ?13; 30 Del. Laws, c. 77, § ?12; 30 Del. Laws, c. 78, § ?4; 31 Del. Laws, c. 14, § ?19; Code 1935, §§ ?1267, 1304, 1322; 44 Del. Laws, c. 90, § ?1; 46 Del. Laws, c. 303, § ?1; 9 Del. C. 1953, § ?8313; 50 Del. Laws, c. 181, § ?1; 55 Del. Laws, c. 5, § ?2; 55 Del. Laws, c. 85, § ?22G; 58 Del. Laws, c. 559, §§ ?6, 7; 60 Del. Laws, c. 468, § ?9; 67 Del. Laws, c. 209, § ?1; 68 Del. Laws, c. 167, § ?2; 71 Del. Laws, c. 401, § ?91; 73 Del. Laws, c. 288, § ?1;