MCA Chapter 29

MCA Chapter 29
in effect

Miss. Code Ann. § 51-29-1 Scope of chapter.

This chapter shall govern the future operation of all drainage districts heretofore organized or now in process of organization under the provisions of Chapter 195 of the Laws of 1912 and amendments thereto, and such other districts as may hereafter be organized under the provisions of this chapter, or which may elect to come within its provisions in the manner herein provided. All of the provisions of Chapters 31 and 33 of this title which are not contained in this chapter, and which do not conflict with any of the provisions of this chapter, shall apply to any districts organized or operating hereunder.

Miss. Code Ann. § 51-29-3 Definitions.

The words “real property”, whenever used in this chapter, shall have the same meaning as when used in the law providing for state and county revenues, and shall embrace all railroads within the district. The word “ditch,” as used in this chapter, shall be held to include branch or lateral drains, tile drains, levees, sluiceways, water courses, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed lands.

Miss. Code Ann. § 51-29-5 Creation of drainage districts.

When one-fourth (1/4) or more of the owners of real property within a proposed drainage district shall file a petition in the chancery court of the county to establish a drainage district to embrace their property, describing generally the region which it is intended shall be embraced within the district, it shall be the duty of the chancery clerk to immediately publish a notice in a newspaper having a circulation in the proposed district for two (2) successive insertions, directed to the owners of the land to be embraced in the proposed district, giving notice of the said petition and designating a date, not less than ten (10) days after the last publication of notice, at which a hearing may be had on said petition. Upon the date designated in the notice, or upon a subsequent day to which the matter may be continued, the chancery court or the chancellor in vacation shall hear all objections, if any are offered, to the organization of said district, and unless at the hearing a majority of the landowners owning half or more of the land proposed to be included in the proposed district shall object to the organization, further proceedings shall be had as hereinafter provided; but if such a majority shall protest, the court or chancellor shall not proceed with the organization of said district. If in either event it be determined by the court or chancellor to proceed with the organization of the proposed district, the court or chancellor shall enter an order appointing as temporary commissioners three (3) landowners of the territory proposed to be drained, who shall take the oath required by Section 268 of Article 14 of the Constitution of the state and give bond in the penalty of not less than One Thousand Dollars ($1,000.00) payable to the county, and whose term of office shall expire upon the permanent organization of the district. Said temporary commissioners shall immediately organize and select a competent engineer, who shall give bond payable to the county in a sum of not less than One Thousand Dollars ($1,000.00), to be fixed by said commissioners for the faithful discharge of his duties, and who shall be liable upon such bond for negligence or incompetency causing loss to the county or district. The engineer shall proceed forthwith to make a survey and ascertain the region which will be benefited by the proposed improvement, giving a general idea of its character and the cost of drainage, and making such suggestions as to the size of the drainage ditches and the location as he may deem advisable. All expenses incident to the survey, legal expenses, and the cost of publication shall be paid by the county as the work progresses upon a proper showing; but all expenses incurred by the county shall be paid out of the proceeds of the first assessment levied under this chapter. Said temporary commissioners may, by and with the consent of the court or chancellor, for the purpose of prosecuting the preliminary work, paying the expenses incident to the survey, attorney’s fees, legal expenses, costs of publication, and other necessary expenses, borrow money at a rate of interest not exceeding that allowed in Section 75-17-105, and issue negotiable notes, certificates or other evidences of indebtedness therefor signed by the said three (3) temporary commissioners and payable either within or without the state to the person or persons from whom such money is borrowed, or bearer, or bearer simply, as said commissioners may elect. The said temporary commissioners may also issue to the engineer, or other persons who do the said preliminary work, negotiable evidences of debt signed by the three (3) said temporary commissioners, bearing interest at a rate not to exceed that allowed in Section 75-17-105. None of the said evidences of indebtedness so issued shall run for more than two (2) years, they shall be non-taxable, and said commissioners may pledge all assessments on the land proposed to be drained for the payment of said evidences of indebtedness. Said evidences of indebtedness may be paid off either out of any general fund of the drainage district if organized, or out of the proceeds of the first assessments levied under this chapter; but in the event the said district is not organized after said indebtedness has been incurred, then the board of supervisors may levy an acreage or an ad valorem tax against the lands embraced in said proposed drainage district in the manner hereinafter provided. Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

Miss. Code Ann. § 51-29-7 Organization of district in two or more counties.

If land in more than one county is embraced in the proposed district, the application shall be addressed to the chancery court of any county of such district, and all proceedings shall be had in such chancery court. The chancery court, or the chancellor in vacation shall apportion all costs between the county or counties in proportion to the benefit assessed in each county, and such expenses as were incurred prior to the time when such assessment was made shall be apportioned between the counties in the proportion which the chancery court, or the chancellor in vacation, shall deem to be just and equitable. All notices, in that event, shall be published in newspapers having a bona fide circulation in each county in which the district embraces land. All such districts shall be numbered consecutively or else shall receive names selected by the chancery court or the chancellor in vacation.

Miss. Code Ann. § 51-29-9 Hearing on engineer’s report.

As soon as the engineer has completed his survey of the proposed drainage district, he shall make a report thereof to the said temporary commissioners, who shall file the same with the clerk of the chancery court. Upon the filing of the report of said engineer, the chancery court, or the chancellor in vacation, shall enter an order directing the clerk of the chancery court to give notice by publication for two weeks by two insertions in some newspaper published and having a general circulation in the county or counties in which the lands of the proposed district lie, calling upon all persons owning property within said district to appear before the chancery court, or chancellor in vacation, on the date and at the time and place fixed by said order, which date shall not be earlier than twenty days and not later than forty days after the first publication, to show cause in favor of or against the establishment of the district. At the time named in said notice, the court or chancellor in vacation shall hear all property owners within the proposed drainage district who wish to appear and advocate or resist the establishment of the said district. Any petition of proponents or objectors, advocating or resisting the establishment of said district, shall be filed with the clerk of said court prior to the time designated for said hearing. If the court or chancellor in vacation deems it to the best interest of the owners of the real property within the said district that same shall become a drainage district under the terms of this chapter, he shall make an order establishing same as a drainage district, subject to all the terms and provisions of this chapter. Upon the organization of said drainage district, it shall, in its corporate name by its commissioners, henceforth have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to do and perform in the name of such district all such acts and things for the accomplishment of the purpose for which it was organized.

Miss. Code Ann. § 51-29-11 Presentation of petitions.

If upon the hearing provided for in Sections 51-29-5 through 51-29-9 a petition is presented to the chancery court, or the chancellor in vacation, signed by a majority of the landholders owning one third of the land, or by one third of the landholders owning a majority of the land, praying that the improvements be made, it shall be the duty of the court or chancellor to make the order establishing the district without further inquiry, if it appear that the establishment thereof be necessary for the promotion of public health and for agricultural purposes. However, if upon that day a petition signed by a majority of the landowners owning one third of the land, or by one third of the landowners owning a majority of the land, be presented praying that the improvements be not made, it shall be the duty of the court or chancellor to so order; but if no such petition is filed, it shall be the duty of the court or chancellor to investigate as provided in the aforesaid sections and to establish such drainage districts as he is of the opinion the establishment thereof will be to the advantage of the owners of real property therein, and is for the public benefit. The petition provided for therein may be signed by women, whether married or single, owning land in the proposed district; guardians may sign for their wards; and trustees, executors, and administrators may sign for the estates represented by them; and if the signature of any corporation thereto is attested by the corporate seal, the same shall be sufficient evidence of the assent of the corporation to said petition.

Miss. Code Ann. § 51-29-13 Order establishing district.

The order of the chancery court, or chancellor in vacation, establishing such drainage districts shall have the force of a judgment. Any owner of real property within the district may appeal from said judgment to the supreme court within twenty days after said order has been made; but if no appeal is taken within that time, such judgment shall be deemed conclusive and binding upon all real property within the boundaries of the district, and upon the owners thereof. Any owner of property in the district proposed to be organized may, within a like time and in a like manner, appeal from any order refusing to establish such district.

Miss. Code Ann. § 51-29-15 Commissioners appointed; vacancies; removal; quorum.

When the chancery court or chancellor in vacation has established such district, he shall appoint three (3) owners of real property within the district to act as commissioners; and such persons, when so appointed, and their successors in office shall constitute, and are hereby declared to be, a body politic and corporate by the name and style selected as mentioned in this chapter, by the court or chancellor. Each of these commissioners shall take the oath of office as required by Section 268, Article 14 of the Constitution of the state, and shall also swear that he will not, directly or indirectly, be interested in any contract made by the board of commissioners save and except insofar as he may be benefited as a landowner, in common with other landowners, by the work contracted for, and that he will well and truly assess all benefits resulting from said improvements, and all damages caused thereby. Any commissioner failing to take oath within thirty (30) days after his appointment and to give bond in the sum of not less than one thousand dollars ($1,000.00), to be fixed by the court or chancellor, shall be deemed to have declined to act as commissioner, and his place shall be filled by the court or chancellor. Provided, however, where revenue for a drainage district is less than one thousand dollars ($ 1,000.00) per year from taxes or other sources, the chancellor, in his discretion, may reduce the bond to any amount he may deem sufficient. All vacancies on the board shall be filled by the chancery court, or the chancellor in vacation, of the county; but, if a majority in number of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the court or chancellor to appoint the persons so designated. In the same manner, the commissioners shall be appointed at the expiration of the term of said commissioners. A majority of the commissioners shall constitute a quorum. The chancery court, or chancellor in vacation, shall remove any member of the board of commissioners, on the petition of the majority of the owners of land in the district, who shall own a majority of the acreage therein.

Miss. Code Ann. § 51-29-17 Terms of office and compensation.

The commissioners appointed as aforesaid shall hold their offices, one (1) for two (2) years, one (1) for four (4) years, and one (1) for six (6) years, from the date of their appointment and until their successors are appointed and qualified. On the expiration of their terms of office, their successors shall be appointed in like manner for the term of six (6) years thereafter. They shall hold their meetings at any time and place in the county or counties in which any part of the district is situated, upon the call of the president. The commissioners herein provided for shall receive per diem compensation as provided by Section 25-3-69, together with mileage as provided in Section 25-3-41 for the distance traveled from their homes to and from the place of meeting.

Miss. Code Ann. § 51-29-19 Power and duties of commissioners.

The said commissioners may adopt a common seal of the drainage district and alter the same at pleasure. They may, from time to time, make such bylaws, rules, and regulations, and alter and change the same as they may deem proper, not inconsistent with this chapter and the laws of this state, for the purpose of carrying into effect the object of their incorporation. They shall elect a president from their own number and appoint such other officers, agents, and attorneys, and employ such persons as they may think necessary for the efficient management of their business, and remove them at pleasure. They may do all acts and things not inconsistent with this chapter and with the laws of the state, and proper to effect the purpose and objects of this chapter. Upon their qualification, the board of commissioners shall prepare plans for the improvement within the district, as prayed for in the petition, and shall procure estimates from a competent engineer or engineers as to the cost thereof. For that purpose, the board of commissioners may employ such engineers and other agents as may be needful, such engineer to give bond in the sum of at least one thousand dollars ($1,000.00), payable to the drainage district and conditioned for the faithful performance of the duties required of the engineer, which bond shall be approved by the board of commissioners, or the president. Said board of commissioners may employ the services of an attorney or a firm of attorneys as may be needed in the prosecution of the work for which the drainage district is organized, may employ such other agents as may be needed, may purchase such material and supplies, and pay for such publications and printing necessary or incidental in the prosecution of the work. Said board of commissioners shall provide for reasonable compensation to the engineer or engineers, attorneys, and other agents, and for the cost of such material, supplies, publications, and printing, and the same shall be taken as a part of the costs of the improvements; or said board of commissioners may borrow money necessary to pay for the services of the engineer or engineers, attorneys, and other agents, and for the cost of such material, supplies, publications, and printing, at a rate of interest not exceeding six per cent, per annum, and may execute a note or notes or other evidences of indebtedness therefor and may renew the same as may be necessary, and the money borrowed for such purposes shall be taken as a part of the costs of the improvements.

Miss. Code Ann. § 51-29-21 Content of plans.

Such plans and specifications shall show not merely the location, width, and depth of the ditches, but also the work to be done in removing obstructions from water courses, the building of pumping stations, dams, flumes, floodgates, fences to protect the district, and such levees as may be necessary to protect the land from overflow. Whenever federal financial or other assistance is furnished in connection with the planning or construction of the proposed improvements, such plans and specifications shall be detailed only to the extent required by the federal department or agency responsible for furnishing such assistance.

Miss. Code Ann. § 51-29-23 Payment of costs for abandoned improvements.

If for any cause the improvements shall not be made, said costs shall be charged on the real property in the district, including railroads, if any, and shall be raised and paid by assessments in the manner hereinafter described; or, in the event said assessments are not made, or the improvements shall not be completed or the same be abandoned, for any cause, after such indebtedness is incurred, the board of supervisors of the county in which the drainage district is located shall levy an acreage tax, or an ad valorem tax, on the lands in said proposed district if the same has not been organized, or on the lands of the district if the same has been organized, the total collections from which shall be sufficient to pay such indebtedness. The board of supervisors may levy a sufficient tax in one year or may levy a succession of acreage taxes, or ad valorem taxes, over a period of years, not to exceed three years, to be determined by said board of supervisors. If an ad valorem tax be levied, the board of supervisors may use for that purpose the assessments of the land of the last assessment roll of the county in which said lands are situated. In case the lands in the proposed district lie in more than one county, then the chancellor aforesaid shall apportion said indebtedness between the several counties, and the boards of supervisors of the several counties shall thereupon levy such apportioned tax upon the lands of their counties respectively, according to the ruling of the said chancellor.

Miss. Code Ann. § 51-29-25 Costs for proceedings abandoned and afterwards resumed.

In any proceeding heretofore or hereafter had for the establishment of a ditch or drain or the doing of any other thing deemed necessary, when an engineer has been appointed and has made complete surveys and reports thereof, and for any reason the improvement has been abandoned and the proceedings dismissed, and afterwards proceedings are instituted for the establishment of a ditch or drain or for the doing of anything toward the prosecution of said work for the reclamation of the same territory surveyed in said former proceedings, or a part thereof and the territory additional thereto, the engineer’s reports, surveys, stakes, and monuments made in former proceedings, as far as practicable or so much thereof as may be applicable, and the cost thereof in said former proceedings, or such parts thereof as used, shall be paid for as a part of the subsequent proceedings in which such report, surveys, stakes, and monuments, or a part thereof, are used.

Miss. Code Ann. § 51-29-27 Plans and estimates of commissioners to be filed.

As soon as said board of commissioners shall have formed its plan and shall ascertain the cost of improvement, it shall file the same with the clerk of the board of supervisors. Said plans shall be accompanied by a map showing the location of all the main and lateral ditches, and shall be accompanied by specifications describing the character of the improvements to be made, the width and depth of the ditches, the probable quantity of earth to be removed, all other work to be done, and the probable cost of draining said territory. Whenever federal financial or other assistance is furnished in connection with the planning or construction of the proposed improvements, such plans and specifications shall be detailed only to the extent required by the federal department or agency responsible for furnishing such assistance.

Miss. Code Ann. § 51-29-29 Preparation of assessment roll.

Said commissioners shall proceed to assess the land within the district and shall inscribe in a book the description of each tract of land, the benefit to accrue to each tract by reason of such improvement, and shall enter such assessments of benefits opposite the description, together with an estimate of what the landowner will probably have to pay on such assessment for the first year. The assessment shall embrace not merely the land, but all railroad and other improvements on lands which will be benefited by the drainage system. In preparing the description of the lands so assessed, the commissioners may use either (1) the descriptions of lands and subdivisions thereof as shown on the official United States Government surveys and plats of lands within the district; (2) the descriptions of lands and subdivisions thereof as shown upon any plat of lands within the district and recorded upon the land records of the county in which said lands are located; (3) any metes and bounds descriptions found in the latest filed conveyance of said lands and of record in the records of deeds of the county in which said lands are located, and in such case it shall be sufficient to describe said lands by stating the number of acres and the general location of the land within the section, together with the book and page numbers of said conveyance. They shall place opposite each tract of land the name of the supposed owner, as shown by the last county land assessment roll; but a mistake in the name shall not vitiate the assessment. If any landowner or private corporation or any other drainage district has dug ditches or made drainage work that can be profitably used as a part of the general proposed system, the value of such ditches or drainage work to the district shall be assessed by said commissioners and shall appear upon the assessment and be paid for by the district, either in cash or by reduction of assessment. The commissioners shall also assess and place upon said roll or book of assessment, opposite each tract of land, all damages that will accrue to any landowner by reason of the proposed improvement, including all injury to lands taken or damaged; and when said commissioners return no assessment of damages as to any tract of land, it shall be deemed a finding by them that no damages will be sustained. If the commissioners, at any time either before or after the organization of the district, find that other land not embraced within the boundaries of the district will be benefited by the proposed improvement or improvements already made, they shall assess the estimated benefit to such lands and shall specially report to the chancery court, or chancellor in vacation, the assessments which they have made on land beyond the boundaries of the district, as already established. It shall thereupon be the duty of the clerk of the chancery court to give notice by two (2) weekly insertions in a newspaper published in the county where such lands lie describing the additional lands which have been assessed; and the owners of real property so assessed shall be allowed not less than ten (10) days after the last publication of such notice in which to file with the clerk of the chancery court their protest against being so assessed, or included within the district. The chancery court, or chancellor in vacation, shall, at its next succeeding session after the time for filing of such protest shall have expired, investigate the question whether the lands beyond the boundaries of the district so assessed by the commissioners will in fact be benefited by the making of the improvement, and from its finding in that regard, either the property owner or the commissioners of the district may, within twenty (20) days appeal to the supreme court. If the finding is in favor of the commissioners, the limits of the district shall be extended so as to embrace any lands that may be benefited by the making of the improvement. When their assessment is completed, the commissioners shall subscribe such assessment and deposit it with the clerk of the chancery court where it shall be kept and preserved as a public record; provided that, for the purpose of providing funds with which to clean out, restore, repair and rehabilitate the whole or any part of the drainage system of such district or for the purpose of cooperating with the United States or any agency thereof in such works, there may be imposed a uniform assessment on each acre of unsubdivided land lying within the district, and a uniform assessment by lot on subdivided land lying within the district, and the records required in this chapter shall show the amount of the assessment in lieu of the amount of benefits to accrue to each tract. Taxes levied hereunder are hereby declared to be taxes for maintenance purposes and shall not diminish in any manner the amount of assessed benefits in any such district which is otherwise available for the payment of any outstanding bonds of such district. The assessments provided for in this section may be made even though evidences of indebtedness have been issued or validated or both prior thereto, but the lien of the holders of any such indebtedness shall not be impaired thereby.

Miss. Code Ann. § 51-29-31 Notice of assessment to landowners.

Upon the filing of such assessment, the chancery court, or the chancellor in vacation, shall enter an order directing the clerk of the chancery court to give notice by publication for two (2) weeks by two (2) insertions in some newspaper published and having a general circulation in each of the counties within which the lands of the district may lie, stating that the owners of lands assessed for drainage purposes in said district, if they desire, may appear before the chancery court, or chancellor in vacation, on the date and time and place fixed by said order, which date shall be not less than ten (10) days after the last publication of said notice, and present complaints, if any they have, against the assessment of land in the district. The clerk of the chancery court shall publish said notice as directed by said order. The said notice shall give description of the lands assessed in as large tracts as the description will permit and shall state that said lands have been assessed for drainage purposes in said district; that any owner of real property, or the improvements thereon, within the district who conceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of other lands in the district is inadequate shall file his written complaint or objection, in specific terms, with the clerk of said court prior to the time designated for said hearing.

Miss. Code Ann. § 51-29-33 Approved roll to be final assessment.

At the time designated in said notice the court, or chancellor in vacation, shall consider said complaint or objection and enter its or his findings thereon, either confirming such assessment or increasing or diminishing the same; and its or his findings shall be final and have the force and effect of a judgment from which an appeal may be taken within twenty (20) days to the supreme court of the state either by the property owner or by the commissioners of the district. The assessment roll so prepared and filed by the commissioners, when approved by the chancery court, or chancellor in vacation, shall stand as a final assessment of benefits and damages upon the lands of the said district and no new assessment roll shall be required unless, in the opinion of the commissioners, it becomes necessary to raise the assessment of benefits to such lands because of additional benefits to the lands other than these assessed or because it becomes absolutely necessary in order to raise funds to preserve and maintain the improvements of the district.

Miss. Code Ann. § 51-29-35 Condemnation proceedings.

Any property owner may accept the assessment of damages in his favor made by the commissioners, or acquiesce in their failure to assess damages in his favor, and shall be construed to have done so unless he gives to said commissioners, within thirty days after the assessment is filed, notice in writing that he demands assessment of his damages by jury. In such event the commissioners shall institute in the proper court in the proper county an action to condemn the lands that must be taken or damaged in making such improvements, which action shall be in accordance with the proceeding for the condemnation of property for public use provided in the chapter on eminent domain. Where condemnation proceedings are had as herein provided and an appeal is taken to the circuit court, the drainage commissioners may pay the amount awarded by the jury into the hands of the clerk of the circuit court, who shall hold the same to abide the decision of said appeal, and the drainage commissioners may proceed with the work of constructing the drain as laid out by them.

Miss. Code Ann. § 51-29-37 Employment of counsel.

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chancellor in vacation, who may decrease but not increase such compensation.

Miss. Code Ann. § 51-29-39 Appraisement by commissioners as alternate method to acquire land and damage compensation.

In lieu of the method provided in Sections 51-29-29 through 51-29-35 for acquiring land and making compensation for damages, the drainage commissioners may adopt the following method for acquiring lands and making compensation for damages, to wit: The commissioners may, at any time after the organization of the district, appraise the value of any land taken or to be taken for the purposes of the proposed improvement, according to the plans of the district on file, and the damages resulting to the owners from such taking. The board may specify, in case of any property, the particular purpose for which and the extent to which easement is desired, and the assessment of property in such case shall represent only the damages resulting from the use so specified. They may make a complete appraisement of all such lands, taken or to be taken, at one time, or at any time make appraisements as it becomes necessary or desirable. When the commissioners have made their appraisement of lands taken, they shall certify to the same and file it with the clerk of the chancery court of the county in which the land lies. The court, or chancellor in vacation, shall enter an order designating the date, time, and place for the hearing of objections to such appraisement, either at a regular term of the court or in vacation. The clerk shall issue a summons directed to the sheriff of the county or counties of the state in which any landowner or other person interested may reside, commanding him to summon such owner or owners or interested persons to appear at the time and place named. If the owner of any land sought to be taken is an infant or person of unsound mind, the summons may be served on his guardian; and the guardian in such cases is authorized, subject to the approval of the chancellor in termtime or vacation, to sell and convey such property and dedicate it thus to the public use, or he may agree upon the damages and thereby bind the ward. If there is no guardian in such case, the chancellor in vacation may, on application of anyone in interest, appoint a guardian ad litem to represent such infant or person of unsound mind, whose acts and doings in the premises shall be valid and binding on the ward. The chancellor may require a bond of such guardian ad litem. The clerk of the court shall notify the guardian ad litem of his appointment and the amount of bond required, if any, by certified mail sent to the post office address of the guardian. If the owner of such land is a nonresident of the state or cannot be found, or if the owner is unknown, and this shall apply to any person interested, upon affidavit to that fact being made by the commissioners or by their agent or attorney, service of the summons may be delivered to any of his agents in charge of the land; or publication shall be made in the manner provided by law for publication for nonresident and unknown parties in chancery suits. If the land belongs to a deceased person whose estate is being administered, the summons may be served upon the executor or administrator, who shall, for all purposes of this chapter, be authorized to act for the owner, and shall be responsible on his bond accordingly. Such notice, when published, need only state that the hearing will be for the purpose of confirming the report of the commissioners as to the appraisement of land taken for the use of the district. The notice shall contain the names of the owners or persons interested in such land and their post office address, if known, and if unknown, that fact shall be so stated, and shall contain a list of the land, described by section numbers, belonging to such nonresident owners through which the ditches of the district are to run, or which such lands are to be taken for the uses of the district. If any owner is not satisfied with the amount allowed by the commissioners for lands taken by reason of the construction of such proposed system according to the plans of the district, he shall file with the clerk of the court written objections, in specific terms, prior to the time designated for the hearing. If no written objections are filed, a decree confirming the appraisement shall be rendered, and upon payment of the amount to the chancery clerk, the commissioners of the district may enter upon and take possession of the property and appropriate it to the public use of the district and the title of the property shall thereupon vest in the district. The clerk shall receipt upon the decree for the money paid, and the decree with the receipt thereon shall be recorded. If written objections are filed prior to the time set for the hearing, the court or chancellor in vacation shall proceed to hear the objections filed, trying the cause or causes without the intervention of a jury. No judgment by default shall be entered against an owner or person interested residing in this state unless it appears that he has been duly served with summons at least thirty (30) days before the return day, and no judgment by default shall be rendered against any nonresident or unknown person or persons interested unless proper publication has been made.

Miss. Code Ann. § 51-29-41 Hearing of appraisement and objections.

Proof of publication made in the manner prescribed by the Mississippi Rules of Civil Procedure shall be prima facie evidence of the facts therein recited. At the hearing the report and appraisement of the value of the land sought to be taken and the damages sustained by the owner thereof shall be prima facie correct. The court, or chancellor in vacation, may at such hearing hear all objections in entirety or severalty, and may enter a decree confirming the entire report of the commissioners, or may enter any number of decrees confirming the report as to any land taken. At such hearing the court, or chancellor in vacation, may direct the board to make such alteration in the appraisement as may be deemed just and equitable by raising or lowering any appraisement, and payment for such amount fixed by the judgment shall be made to the chancery clerk as hereinbefore provided. He shall receipt for the same on the judgment, and such judgment with receipt thereon shall be recorded.

Miss. Code Ann. § 51-29-43 Right of use during appeal.

Any landowner feeling aggrieved at the decree of the chancellor shall have the right to appeal in the manner provided in this chapter. No appeal shall interfere with the right of the district to enter upon and take possession of the property sought to be taken, or hinder the district in the doing of any act necessary and proper in the construction of the proposed system and the carrying out of the purposes of its organization, provided, however, that the district shall have first paid into the court the amount of the appraisement. Drainage districts organized under the provisions of this chapter shall have the power to acquire any and all lands, lying either within or without the limits of such districts, necessary to the carrying out of the successful drainage of the district, in the manner above provided. In addition to the method above prescribed for the acquisition of lands for the purpose of the district, drainage districts shall have and are hereby given and granted the right of eminent domain, and they may proceed to acquire rights of way by proceeding under the code before the court of eminent domain.

Miss. Code Ann. § 51-29-45 Court to make order for assessments to cover cost of improvement.

The chancery court or chancellor in vacation shall, at the same time that the assessment of benefits is filed or at any subsequent time when called upon by the board of commissioners of the district so to do, enter upon the minutes of the chancery court an order which shall have all the force of a judgment, providing that there shall be assessed upon the real property of the district a special assessment or levy to pay the estimated cost of the improvement, with not less than ten per cent added for unforeseen contingencies. The amount to be assessed upon each tract of land included within the district shall be such part of the estimated cost of the improvement as the assessment of benefits against such tract bears to the assessment of benefits against all the real property in the district. Said assessments are to be paid in annual installments, not to exceed ten per cent in any one year, as provided in such order; but if any landowner elects, he may pay the whole amount of the assessment against his land before it becomes due or at any time thereafter, or all or any part of said assessment at any time he sees fit, provided such payment is made before any bonds are issued by the district. The assessment or assessments so levied shall be a lien on all of the real property of the district from the time that the same is levied by the chancery court or chancellor in vacation in an amount not to exceed the total amount of estimated benefits on all the real property in the district, shall be entitled to preference to all demands, executions, encumbrances, or liens whatsoever, and shall continue until such assessment, with any penalty and costs that may accrue thereon, shall have been paid. The remedy against such assessment shall be by appeal to the supreme court, and such appeal must be taken within twenty days from the time that said assessment has been made by the chancery court, or chancellor in vacation. On such appeal the presumption shall be in favor of the legality of the assessment.

Miss. Code Ann. § 51-29-47 Board of supervisors to make a tax levy.

It shall be the duty of the board of supervisors of each county to make an annual tax levy, at the same time when the county tax levy is made or at any succeeding regular meeting, in an amount not exceeding the installment of assessment levied for that year sufficient to meet the obligations of the district.

Miss. Code Ann. § 51-29-49 Copy of levy to tax collector.

It shall thereupon be the duty of the clerk of the board of supervisors to extend the amount of the said levy on the original or copy of the assessment roll of the district on file in his office, and to certify a copy of the levy to the tax collector of his county, who shall extend the amount of the levy on the copy of said assessment in his office. Any owner of real property within the district may, by mandamus, compel the compliance by the board of supervisors with the terms of Section 51-29-47.

Miss. Code Ann. § 51-29-51 Collection of assessments.

After the assessment of benefits or betterments and damages and the levy of assessments to be paid shall have been made and become final in the manner hereinbefore provided, and for the purpose of facilitating the collection of the assessments so levied, it shall be the duty of the board of commissioners to prepare, or cause to be prepared, a copy or copies of the assessment roll in which they shall inscribe the names of the landowners, the description of the tracts of land assessed, the total betterment assessed against each tract, and the total damages assessed against each tract, and the amount of the levy for the current year, which shall be the amount of tax to be collected for that year by the tax collector. The commissioners may at any time also employ some competent person to calculate the amount of tax to be paid each year for each tract of land in the district, and extend the same on the rolls of the district. Such copy of the roll shall be certified to by the commissioner and be deposited with the clerk of the board of supervisors of the judicial district of the county in which the land lies, and if a drainage district embraces lands lying in more than one county or judicial district, a copy of said roll shall be filed with the clerk of the board of supervisors in each district or county. It shall be the duty of the clerk to transmit said roll or rolls to the said tax collector of such county or counties on or before the first day of October of the year in which the tax levy is to be collected, and said roll shall constitute the authority and be the guide for the collection of said drainage tax by the collector. If any collector shall wilfully neglect, fail, or refuse to collect any tax shown on said roll to have been levied in the manner herein provided, he shall be liable on his bond as county tax collector for any taxes lost to the drainage district, together with damages thereon at the rate of thirty per cent. For any failure to pay over any tax so collected at the same time he is required by law to pay over state and county taxes, said tax collector shall be liable for damages at the rate of thirty per cent and interest at the rate of six per cent per annum on the principal and damages.

Miss. Code Ann. § 51-29-53 Duties of treasurer.

The treasurer of each county may be the treasurer of all drainage districts organized under this chapter in their respective counties and, as such treasurer, shall receive from the county tax collector, whose duty it shall be to collect all moneys levied by said drainage commissioners or by the board of supervisors at their request. Where a drainage district is organized lying in more than one (1) county, the board of commissioners of any such drainage district may select the treasurer of either or any county in which a part of the district lies, who shall be the treasurer of said district; or whether the district lies in one or more counties, the board of commissioners may select their treasurer and remove him at their pleasure, whose duty shall be the same as those of the county treasurers of such district. The board of commissioners shall compel such county treasurer or treasurers selected by them to give bond to them, as commissioners of said district, in an amount equal to the amount of any sum or sums of money likely to come into said treasurer’s hand at any one (1) time, and said commissioners shall enter an order on their minutes fixing the amount of the bond of such treasurer. However, in the event that one (1) treasurer serves more than one (1) board of commissioners, in lieu of separate bonds, he may be required to give bond payable jointly to all commissioners served in an amount not to exceed three hundred thousand dollars ($300,000.00). The said board of commissioners shall, however, select a depository or depositories of the funds of the district and enter the selection on the minutes of the district. Such depository or depositories may qualify as depository of the district in like manner as required by the law on depositories, giving security as therein required, and may place with the treasurer of the district as security for such deposit any of the drainage bonds of the district for which it proposes to qualify as the depository. The treasurer shall pay out no money save upon the order of the board of commissioners, and upon a warrant signed by the president thereof. If there be no depository, he shall be allowed a commission of not exceeding one-half of one percent (1/2 of 1%) on all receipts and not exceeding one-half of one percent (1/2 of 1%) on all disbursements; he shall not be entitled to any commission on money received from the sale of bonds, or of interest bearing certificates, or of any money paid in liquidation thereof. Said county treasurer or the treasurers selected by the commissioners shall keep a separate account with each drainage district; and every warrant shall state upon its face to whom payable, the amount, and the purpose for which it was issued. All warrants shall be dated and numbered consecutively in a record to be kept by the board of commissioners of the number and amount of each; and no warrant shall be paid unless there are in the treasury funds sufficient to pay all outstanding warrants bearing a lower number. No warrant shall be increased by reason of any depreciation in the market value thereof. All funds coming into the hands of the treasurer belonging to any drainage district organized under this chapter shall be deposited in the depository provided for herein, to be drawn out by the proper parties and in the manner above provided. All tax collectors may pay drainage taxes into such depositories in the same manner as county funds are paid in, and shall be subject to the same protection as is provided for the protection of general county funds.

Miss. Code Ann. § 51-29-55 Duties of tax collector.

In making a settlement with the treasurer, the tax collector of each county shall pay the amount due the drainage district over to a drainage depository in his county, if there be one in his county; otherwise he shall pay the same to the drainage treasurer. The tax collector in making deposits shall receive triplicate receipts for the same and mail the depository of the funds of the district and the treasurer of said drainage district each a copy thereof. The treasurer shall issue his official receipt for such deposit, if such depository shall have been legally qualified to receive such deposit.

Miss. Code Ann. § 51-29-57 New tax levy in case of deficiency.

If the tax first levied shall prove insufficient to complete the improvement, the commissioners shall report the amount of the deficiency to the board of supervisors, and the board of supervisors shall thereupon make another levy on the property previously assessed for a sum sufficient to complete the improvement, which shall be collected in the same manner as the first levy. When any work has been begun under the provisions of this chapter, which shall not be completed and paid for out of the first or other levy, it shall be the duty of the board of supervisors to make such levy for its completion, and from year to year until it is completed, provided that the total levy shall in no case exceed the value of the benefits assessed on said property. The performance of such duty may be enforced by mandamus at the instance of any person or board interested.

Miss. Code Ann. § 51-29-59 Construction contracts.

The board of commissioners herein mentioned shall have control of the construction of the improvements in their districts. They may make purchases and contracts in accordance with Section 31-7-13. The chancery court or chancellor in vacation may remove any commissioner and appoint his successor, upon proof of incompetency or neglect of duty; but the charge shall be in writing, and such commissioner shall have the right to be heard in his defense and to appeal to the circuit court.

Miss. Code Ann. § 51-29-61 Contractors to give bond.

All contractors shall be required to give a performance bond and a payment bond, which may be in one or in separate instruments, for the faithful performance of such contract as may be awarded them, with good and sufficient sureties in amounts to be fixed by the board of commissioners; and the board of commissioners shall not remit or excuse the penalty or forfeiture of said bond or bonds or the breaches thereof. The board of commissioners may appoint all necessary agents for carrying on the work and may fix their pay. They may buy all necessary material and implements as may be on hand and which may be necessary for the completion of the improvements under way, or which have been completed; and may in general, make all such contracts in the prosecution of the work as may best serve the public interest. It shall be the duty of the board of commissioners to have the amount of any work done by the contractor estimated from time to time, as may be desirable, by the engineer selected by the board of commissioners; and said board shall draw its warrants in favor of the contractor for not more than ninety per cent (90%) of the work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract, and is free from liens.

Miss. Code Ann. § 51-29-63 Commissioners may borrow money.

For the purpose of constructing and maintaining the ditches and other improvements provided for under this chapter, for carrying out the purposes and provisions of this chapter, and for paying for the work incident thereto, the said board of commissioners shall have power to borrow money and to issue its negotiable evidence of indebtedness or serial bonds therefor, not exceeding in amount the total amount of benefits assessed against all the real property in the district. Such bonds shall be in such sums and denominations of not less than one hundred dollars ($100.00) each as the said board of commissioners may prescribe, shall each be signed by the members of the said board of commissioners and bear the seal of its drainage district, and shall be made payable, either within or without the limits of this state, to the person or persons to whom sold, or bearer, or bearer simply, at the discretion of said board. No bond issued under the terms of this chapter shall run for more than thirty (30) years; and said bonds may be made to mature serially in such numbers as the board may elect, so that a portion thereof may mature each year as the assessments are collected. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101, for which interest coupons may be attached, payable at such time and place as the board may contract, which interest coupons shall bear the facsimile signature of each member of the board of commissioners lithographed thereon. The said bonds may be sold or negotiated in any market in or out of the state at not less than their par value, provided, however, that the cost of lithographing or printing and the necessary expenses of selling said bonds may be incurred. Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the registered bond act, being Sections 31-21-1 through 31-21-7.

Miss. Code Ann. § 51-29-65 Bonds to be registered.

Said bonds when issued shall be registered by the clerk of the board of supervisors in a book kept for that purpose, which shall be a public record and shall be a faithful and correct register showing the date, number, amount, and date due of said bonds, the place of payment, and to whom issued or paid, of all bonds issued, sold, or used; and the said clerk shall enter on said register an account of all the bonds paid, received, or taken up by said board of commissioners. It shall be the duty of the said commissioners to promptly furnish to the said clerk necessary data for the keeping of said registers, to cancel and destroy all bonds and coupons which have been paid, and to report the facts to the said clerk to be entered on said register; and no bond or coupons paid, received, or taken up by said board of commissioners shall again be used or reissued. The minutes of the said board of commissioners are furthermore required to show fully the date, number, amount, place of payment, to whom issued and paid of each of said bonds, and shall further show the coupons and bonds paid, taken up, and destroyed, as a check on the register required to be kept by said clerk. And for the prompt payment of said bonds and coupons the board of commissioners may irrevocably pledge the full faith, credit and resources of the district, and all assessments of said district, as provided in this chapter.

Miss. Code Ann. § 51-29-67 Negotiable evidences of debt to contractor.

Said board of commissioners may also issue to the contractor or other persons who do the work, or any part thereof, negotiable evidences of debt of the district, bearing interest at a rate not to exceed six per cent per annum, secured in like manner as the bonds above provided for.

Miss. Code Ann. § 51-29-69 Commissioners not liable for damages.

No member of any board of improvement shall be liable for any damages sustained by any one in the prosecution of the work under his charge, unless it shall be made to appear that he has acted with a corrupt and malicious intent.

Miss. Code Ann. § 51-29-71 Procedure to alter plans.

The commissioners may at any time alter the plans of ditches and drains, but before constructing the ditches according to the changed plans, the changed plans with accompanying specifications, showing the width and depth of the ditches as changed, shall be filed with the clerk of the chancery court, or chancellor in vacation, and notice of such filing shall be given by publication for two insertions in some newspaper issued and having a bona fide circulation in each of the counties in which there are lands belonging to the district. If by reason of such change of plans any property owner deems that the assessment has become inequitable, he may petition the chancery court, or chancellor in vacation, which shall thereupon refer his petition to the board of commissioners of the district, who shall reassess his property, increasing or diminishing his assessment as they may find just. From such action of the commissioners the property owner shall have the same right of appeal to the board of supervisors that is herein provided for in cases of original assessment. However, in no case after the issuance of bonds, shall the assessment be lowered either by the board of commissioners or the chancery court, or chancellor in vacation, so as to endanger the security of said bonds. Any reduction in benefits may be allowed as damages, and the allowances for such damage shall be secondary and subordinate to the rights of holders of bonds or evidences of indebtedness issued theretofore. No change of plans as above authorized shall be made so as to lower the standard of efficiency of the proposed system of improvement, nor so as to jeopardize the rights of any holder or holders of bonds previously issued; and this question may be raised by any landholder before the chancery court, or chancellor in vacation, with rights of appeal as herein provided.

Miss. Code Ann. § 51-29-73 Landowners may build ditches to connect with public ditch.

Any landowner within the district may build ditches to drain his lands into the public ditches, and if any intervening landholders shall refuse permission to cross his lands with such ditch, the board of commissioners may, by proceedings according to the provisions of the chapter on eminent domain, condemn a right of way for such ditch. In such proceedings the jury shall deduct from the damages the benefits that will accrue to such intervening landowner by the construction of such ditch, and said intervening landowner shall have the right to use such ditch for the drainage of his own lands.

Miss. Code Ann. § 51-29-75 Compensation for connecting with district drainage system.

No corporation, individual, or other drainage district, outside the limits of any district organized or operating under the terms of this chapter, shall drain into any ditch belonging to any district formed or operating under the terms of this chapter, without first paying compensation, to be ascertained by a jury in the circuit court or chancery court, for the use of said ditch, unless an agreement is reached between the commissioners of the district and the corporation, individual, or other drainage district desiring to use such ditch, as to such compensation. This and Section 51-29-77 shall not operate to interfere with vested rights to natural drainage.

Miss. Code Ann. § 51-29-77 Ditches outside of district.

In case it is necessary to do so in order to obtain a proper outlet for the drainage system, the commissioners may construct ditches or do other work beyond the border of their district so as to carry the water to some proper outlet or otherwise to secure the object of the improvement. In that event, they shall have the right to condemn a right of way for such drain or other construction, and the proceedings thereof shall be the same that are now provided by law. Such a ditch or drain beyond the limits of the district shall be the property of the district, and no person not assessed shall have the right to dig any lateral drain connecting therewith without the consent of the commissioners. If such property owner cannot agree with the commissioners as to the price to be paid for the privilege of connecting with such ditch, the board of supervisors of the county where such connection is sought to be made shall fix the amount of such compensation, and either shall have the right to appeal from its findings to the circuit court.

Miss. Code Ann. § 51-29-79 Maintenance of system.

The drainage district shall not cease to exist upon the completion of its drainage system, but shall continue to exist as a body corporate for the purpose of preserving the system of drainage, keeping the ditch clear from obstruction, extending, widening, or deepening the ditches from time to time, and for doing such other things and acts in order to carry out the purposes of this chapter and of the drainage system so established, as may be found advantageous to the district. For those purposes, the board of commissioners may borrow money and issue its bonds in such sums and in the manner provided in this chapter, and may from time to time apply to the chancery court, or chancellor in vacation, for the levying of additional assessments upon the benefits for the payment of said work or said bonds. Upon the filing of such application or petition with the clerk of the chancery court, he shall give notice by publication by two insertions in a newspaper published in each of the counties in which the district embraces land. Any property owner seeking to resist such additional levy may appear at the next term of the chancery court, or the chancellor in vacation, not less than ten days after the last insertion of said notice and urge his objections to such levy. In case he fails to appear, such levy shall stand with the force of a final judgment, but either the property owners or the commissioners may appeal to the supreme court not later than twenty days after the date of such levy.

Miss. Code Ann. § 51-29-81 Taxes collected; delinquent lands; settlements.

All taxes levied under the terms of this chapter shall be payable at the same time the state and county taxes are payable. The tax collector shall place the same upon the tax receipt along with the state and county and other taxes, shall collect all of the taxes due on said land together, and shall not accept payment of any sum less than the entire aggregate amount of all state, county, drainage, and other taxes due upon said lands. Should said taxes, including the drainage taxes, be not paid at maturity, the tax collector shall sell said lands for all taxes due thereon, including drainage taxes, at the time and in the manner now provided for the sale of land for taxes due thereon to the state and county. Such sale shall be subject to the provisions of law for the sale of land for state and county taxes, and the owner of said land shall have the right to redeem from said sale as now provided by law. When any lands situated in a drainage district are sold for nonpayment of taxes thereon, the drainage district in which same is situated may, in the discretion of its board of commissioners, appear at said sale and purchase said land in the name of the drainage district in the same manner as an individual, and in that event shall pay to the tax collector the amount of said purchase price out of the funds of the district. If upon offering the land of any delinquent taxpayer constituting one tract, no person will bid for it the whole amount of taxes and all costs, the collector shall strike same off to the state in the same manner as provided for in case of sales for state and county taxes. When any land shall be sold to the state for taxes due thereon and the same shall not be redeemed within the time provided by law, the same may be sold or contracted for sale by the land commissioner, in the manner provided for the sale and contract for sale of other tax forfeited lands. Except as herein otherwise provided, the provisions of the law relative to the sale of delinquent land for taxes, the title thereto, and the handling and sale of lands sold to the state for taxes shall apply to all sales under this chapter. When any drainage district shall have purchased lands at any tax sale under the terms of this chapter, the board of commissioners thereof, after the period of redemption has expired, may sell, lease, or rent the lands so purchased. The deed or lease shall be executed by the president and secretary of the board of commissioners under the seal of the district. But said lands shall not be sold for an amount less than the price paid therefor and all subsequently accrued state, county, drainage, and other taxes. However, the drainage commissioners with the consent of the bondholders may sell the lands of the drainage district for an amount less than the price paid therefor and all subsequently accrued state, county, drainage, and other taxes. The drainage district shall pay all state and county and other taxes assessed against said land purchased by it at tax sales under the provisions of this chapter, and may pay the same out of any funds belonging to the district. The chancery clerks of the counties in which are located drainage districts, or parts thereof, shall account to the commissioners of such drainage districts for money received in the redemption of lands sold for taxes belonging to such districts, in the same manner as for state and county taxes. Any lands sold for any drainage taxes may be redeemed in the same manner and within the same time as provided by law for the redemption of lands sold for state and county taxes upon the payment of all costs, five per centum damages on the amount of taxes for which the land was sold, and interest on all such taxes at the rate of one per centum per month or any fractional part thereof, from the date of such sale. Lands purchased by the board of drainage commissioners of any drainage district at a tax sale and lands purchased by the board of drainage commissioners of any drainage district from the state shall be liable thereafter for state and county taxes levied and assessed against the same to the same extent as if owned by a natural person or a private corporation. And it shall be the duty of the tax assessor to assess said lands for taxes in the same manner as other lands are assessed; and if the taxes are not paid when due, such lands shall be sold by the tax collector for the delinquent taxes due and unpaid at the time and in the manner provided by law.

Miss. Code Ann. § 51-29-83 Drainage taxes erroneously collected.

When lands have been erroneously taxed for purposes of a drainage district, whether such land so taxed lies within or without the limits of the district, and the commissioners of such drainage district allow the claim for the amount of the taxes so erroneously paid, or where the claimant secures a judgment against any drainage district for the amount of taxes erroneously paid, then, in the event the drainage district does not have sufficient funds with which to pay said claim or judgment, the claimant may at his election obtain from the commissioners of the drainage district a certificate for each year that taxes were erroneously collected, which certificate shall show the amount of taxes due to be refunded on account of such erroneous payment.

Miss. Code Ann. § 51-29-85 Certificates received in lieu of cash.

Whenever such certificate or certificates are issued, the person or persons to whom the same is issued may use such certificate or certificates in purchasing any lands located in said district that have been forfeited to the State of Mississippi for failure to pay taxes thereon. The land commissioner and state treasurer shall receive such certificates in lieu of cash for the amount of the taxes due on said lands to such drainage district, but the amount of the state and county taxes due thereon, if any, shall be paid in cash. The person or persons to whom certificates of indebtedness for taxes erroneously paid have been issued as provided under Section 51-29-83, if they so elect, shall also be entitled to use such certificates, either in part or whole payment of drainage taxes in the district by which issued at a subsequent tax paying date, notwithstanding such certificate or certificates may have been issued for the purchase of state lands as provided in this section.

Miss. Code Ann. § 51-29-87 Disposition of certificate.

Whenever the state treasurer and land commissioner shall have accepted any such certificate in the purchase of such lands, it shall be his duty to immediately forward the same to the drainage district commissioners with a statement as to the lands purchased and the amount of money allowed on said purchase on account of said certificate; and the said drainage commissioners shall accept the certificate in lieu of money to that extent and amount from said state treasurer and land commissioner. Whenever the county tax collector shall have accepted any such certificate or certificates in the payment of drainage taxes, it shall be his duty to immediately inform the drainage district commissioner of his action, with a statement containing the amount of taxes and description of lands where a certificate or certificates were applied for taxes in lieu of money payment.

Miss. Code Ann. § 51-29-89 Bonds to be a lien on land.

All bonds and evidences of indebtedness issued by the commissioners under the terms of this chapter shall be secured by a lien on all lands and railroads subject to taxation under this chapter, in an amount not to exceed the amount of benefits assessed against such lands and railroads. The board of commissioners shall see to it that an assessment is levied annually and collected under the provisions of this chapter, so long as it may be necessary for the payment of any bonds issued or obligations contracted under its authority, together with the interest thereon; and the making or levying of said assessment or levy may be enforced by mandamus at the instance of any person interested.

Miss. Code Ann. § 51-29-91 Entire district revenues and realty pledged to secure bonds.

To the payment of both principal and interest of the bonds and other negotiable evidences of debt to be issued under the provisions of this chapter, the entire revenues of the district from any and all sources and all real estate and railroads subject to taxation in the district are by this chapter pledged, in an amount not to exceed the amount of betterments assessed against said lands and railroads. The board of commissioners is hereby required to set aside annually from the first revenues collected from any source whatever a sufficient amount to secure and pay the interest on said bonds and evidences of indebtedness and a sinking fund for their ultimate retirement, if a sinking fund is provided for.

Miss. Code Ann. § 51-29-93 Error in names not to invalidate assessments.

No error in the names or residences of the owners of railroads, lands, or improvements, or in the description thereof, shall invalidate said assessment or levy of taxes or benefits, if sufficient description is given to ascertain where the lands, railroads, or improvements are situated.

Miss. Code Ann. § 51-29-95 Ditches may cross highways and railroads.

The commissioners of the district shall have the right and power to carry the ditches, either main or lateral, across any highway; and the board of supervisors shall construct suitable bridges across such ditches. Such ditches may also be carried under or through any railroad track or tramway, and in such event the commissioners of the drainage district shall notify the railroad company or owner of said tramway or telegraph or telephone companies, operating lines of telegraph or telephone under or through which it is proposed to carry such ditches, of the probable time at which the contractor will be ready to enter upon the right of way of any of said companies and construct the work thereon. It shall thereupon be the duty of any said companies or owners of said lines of railway, telegraph, or telephone to send a representative to view the ground with the superintendent of construction, or other person appointed by the commissioners, and arrange the exact time at which the said work can be most conveniently done. At the time agreed upon, said railroads or owners thereof shall remove all rails, ties, stringers, and such other obstructions as may be necessary, and such owners of telegraph and telephone lines shall remove all wires, poles, and other obstructions as may be necessary, to permit the excavation of a channel or channels through its right of way. The work so done shall be planned and conducted so as to interfere in the least possible manner with the business of said railroad, telegraph, and telephone companies. In case any of such persons or corporations refuse and fail to remove any of said obstructions and to allow the construction of the work through its right of way, it shall be held as delaying the construction of a public work and improvement, and shall be liable to a penalty not to exceed fifty dollars ($50.00) per day for each day of delay thereof and all damages sustained by the district or contractor, to be recovered in any court having jurisdiction. Such penalty shall inure to the drainage district, and such damages shall inure to the person, firm, or district damaged. An itemized bill of the expenses of the railroad company for opening its track shall be made and presented to the commissioners of the district at some day previous to the day set for passing through said right of way, and a like itemized bill of expense attending the removal of wires and poles of telegraph and telephone companies shall be so presented, including all damages that will be sustained by any of said companies by the construction of said work. Thereupon the board of commissioners shall allow and pay such part thereof as it sees fit and proper, from which allowance either of said companies shall have the right of appeal to the chancery court, or chancellor in vacation; but such appeal shall not operate so as to prevent the drainage commissioners from constructing the proposed work through the rights of way of any of said companies. This section shall not, however, conflict in any way with the right of eminent domain or the laws relating thereto, but is meant to be operative under and in connection with other provisions of this chapter.

Miss. Code Ann. § 51-29-97 Financial statement and audit.

Within sixty (60) days after the end of the fiscal year following the organization of said drainage district, and annually thereafter, the commissioners shall prepare and retain a copy of a sworn statement of the financial condition of the district to cover the preceding fiscal year. The report shall contain, among other things, a statement of the cash on hand the first of the year for which the report is made, together with all other assets of the district; the total receipts of the preceding year; the disbursement for administration, for construction, for maintenance, for bonds redeemed, and for interest due on outstanding bonds, together with all other indebtedness of the district. The commissioners are further authorized and empowered to do any and all things incident to the management and affairs and business of the district. The State Auditor of Public Accounts or his assistant may annually audit the books, financial report and expenditures of the commission in the same manner that such officer audits other boards and commissions; and the same powers and duties which such officer exercises or enjoys with respect to other boards and commissions shall be exercised and performed in the same manner in his audit of drainage district commissions. A fee of not exceeding Thirty Dollars ($30.00) per man hour for the time required to conduct each audit shall be paid by each drainage district audited under this section. All such fees shall be paid into the State Department of Audit Fund. Upon the recommendation of the Director of the State Department of Audit, the State Auditor shall appoint auditors on a temporary or permanent status to perform drainage district audits. The State Auditor shall not audit dormant districts which have no income or disbursements during any year.

Miss. Code Ann. § 51-29-99 Penalty for obstructing or damaging drains.

Any person who shall obstruct a drain or damage drainage work provided for by this chapter shall be guilty of a misdemeanor and, on conviction thereof, be fined not more than one hundred dollars nor less than ten dollars; and he shall also be liable to the district for double the cost of removing such obstruction or repairing such damage.

Miss. Code Ann. § 51-29-101 Contractors may pass over private lands.

The commissioners, engineers, and contractors, with their teams and outfits engaged in drainage work, shall have the right to pass over all the lands of others to and from the district, being liable to the owner for any damage done thereto. Any owner who shall prevent such passage over his lands shall be guilty of a misdemeanor and fined one hundred dollars for each day that he prevents such passage.

Miss. Code Ann. § 51-29-103 Procedure for districts to come under this chapter.

Any district which has heretofore been organized, including swamp land districts, or which may hereafter be organized under other statutes, may become a district under the terms of this chapter as follows: If a third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage of real property within any such district shall petition the chancery court, or chancellor in vacation, to constitute them a drainage district under the terms hereof, the clerk of the chancery court shall give notice of the application by two weeks’ publication in some newspaper published and having a bona fide circulation in the county or counties in which the lands of said district lie, stating the time when said petition will be heard and the object of said petition. All owners of real property within the district shall have the right to appear and contest the said petition, or support the same. The chancery court, or chancellor in vacation, shall hear the evidence and shall either grant the petition or deny the same, as he may deem it most advantageous to the property owners of the district and to the public benefit. If he grants the petition, the said district shall have all the rights and powers and be subject to all the obligations and provisions provided by the terms of this chapter. If the majority of the landowners or the majority of the owners of the acreage therein petition for the adoption of this chapter, the court or chancellor must make an order declaring that such district shall henceforth be governed by the terms of this chapter, and shall appoint commissioners according to its terms, who shall carry into effect without delay the proposed drainage improvements.

Miss. Code Ann. § 51-29-105 Construction of chapter.

This chapter shall be liberally construed to promote the ditching, drainage, and reclamation of wet, swampy, and overflowed lands. The collection of assessments hereunder shall not be defeated by reason of any omission, imperfection, or defect in the organization of any district or in the proceedings occurring prior to the judgment of the court confirming assessment of benefits and damages; but said judgment shall be conclusive that all prior proceedings were regular and according to law. In case any assessment shall be held to be void for want of notice, the said commissioners may, upon motion, be permitted to give such owner due notice and ask for a time to be set by the chancery court, or chancellor in vacation, for hearing any and all objections that said landowner may have to such proceedings and the assessment. The chancery court, or chancellor in vacation, at such time may make such orders in reference thereto as justice may require, and may assess such landowner his just proportion of the benefits received by him by such proposed work or the damages suffered by him by such proposed work; and thereupon such assessment as to such land shall be binding and conclusive.

Miss. Code Ann. § 51-29-107 Special commissioner may hear and determine cases under this chapter.

All hearings hereinbefore provided to be heard before the chancellor may be heard before a special commissioner who may be appointed by the chancellor, who shall have full authority to make all findings of law and of fact, and whose findings shall be reduced to writing and reported to the chancellor for confirmation either in term-time or in vacation. Such reports shall be subject to exceptions or objections, but no notice of the hearing of such exceptions shall be necessary, provided the date for hearing exceptions to the commissioner’s report shall have been fixed in the order referring the matter to the commissioner. Such commissioner shall receive such compensation as may be allowed him by the chancellor.

Miss. Code Ann. § 51-29-109 Expenses of chancellor to be paid by district.

As a part of the cost of the organization and conduct of a drainage district, the chancellor may tax his own traveling and hotel expenses in deciding all hearings provided for in this chapter, when such hearings are had before the chancellor in vacation. Such traveling expenses shall be paid to the chancellor upon his filing an itemized statement thereof with the said drainage commission.

Miss. Code Ann. § 51-29-111 Method to apportion benefits when land is divided into smaller units of ownership.

In case assessment of benefits of a drainage district organized and operating under the provisions of this chapter is set up on the assessment roll of such drainage district by government survey subdivisions and any such land is thereafter conveyed so that the separate ownership thereof is in lesser quantities or units than that as set up on such assessment roll, or in case such assessed subdivision is divided into lesser fractions in its ownership so that there are several separate ownerships of the originally assessed subdivision and it is necessary that the said assessment and tax thereon be apportioned among the several owners thereof, the board of drainage commissioners in which such land is situated, at the request of any such owner or on its own motion, may by an order spread on its minutes apportion the assessment of benefit thereof to the several parts or fractions of such originally assessed government survey subdivision so as to provide on the assessment rolls for the particular land upon which the several owners thereof may pay the tax thereon; provided that the apportionment of such tax shall never increase or diminish the total assessment of such originally assessed government survey subdivision as set up on the assessment rolls of such district or impair in any wise the lien of the bonds or obligations of said district as issued against the same. Before any such change may be made, the clerk of the board of drainage commissioners shall give notice that such action is sought to be taken, which notice shall be published in a weekly newspaper published in the county in which such land is situated for three weeks preceding the meeting at which such action is to be taken. This notice shall state that it is proposed that such board will apportion the assessment of benefits as set up on the assessment rolls of the named drainage district on the date to be named at the place to be named, and shall carry a description of the lands to be affected as well as the name of the owner thereof as set up on said assessment roll. Such notice by publication, as provided herein, shall also be directed to all bondholders or persons interested in said drainage district or the lands embraced therein, and shall specifically give the date and place of said meeting. Upon the hearing of said matter before such drainage commissioners and all objections thereto, any party, person, firm, corporation, bondholder, other landowners within the drainage district, or persons in any wise interested or affected by the decision of such drainage commissioners in apportioning or refusing to apportion such assessment may appeal from the decision of such drainage commissioners by giving written notice to the said drainage commissioners within fifteen days after their decision. Such appeal shall be to the chancery court of the county in which the land involved shall be situated, and if the land involved is situated in more than one county, then to the chancery court of either county. When such appeal is requested by any party interested, it shall be the duty of the clerk of the board of drainage commissioners to file with the chancery clerk the petitions requesting the tax apportionment and all papers in connection with the cause, within thirty days after the request of said appeal, if made within the time hereinabove required. The chancery clerk shall file said papers and docket the case as any other cause in the chancery court, and it shall be heard accordingly. Costs shall be taxed as any other cases in the chancery court.

Miss. Code Ann. § 51-29-113 Clerk of district to certify order to tax collector.

Should an appeal not be perfected within fifteen days after the decision of the board of drainage commissioners, or upon the final decision of the courts upon appeal, it shall be the duty of the clerk of the drainage district to immediately certify a copy of said order to the tax collector, showing the change and apportionment of such assessments; and such tax collector shall be guided thereby in making future collections of such assessments and tax. Such change in such assessment as made shall be deemed in law to be the amount of such assessment and tax to be due on the land as fixed by such order, and such lands shall not thereafter be liable for any amount above its apportioned part thereof. Such tax collector may issue receipt upon the payment by any party of such amount as has been apportioned to be due on any subdivision of land under the provisions of this chapter.

Miss. Code Ann. § 51-29-115 Formation of subdrainage districts.

Subdistricts may be formed under this chapter in the following manner: When one third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage or real property within a proposed subdistrict, composed of lands wholly within a district or partly within and partly without such district, shall petition the chancery court to establish a subdistrict to embrace their property, describing generally the region which it is intended shall be embraced within the subdistrict, and shall file a good bond to pay for the expenses of the survey of the proposed subdistrict in case the district is not formed, it shall be the duty of the chancery court, or chancellor in vacation, to enter an order directing the commissioners of the main district to forthwith proceed to cause a survey to be made and to ascertain the limits of the region which will be benefited by a proposed system of improvements, giving a general idea of its character and the costs of drainage, and making such suggestions as to the size of the drainage ditches and their location as the commissioners may deem advisable, and to file their report with the clerk of the chancery court. All expenses of preparing such plans and estimates and costs of publication shall be paid by the board of supervisors, as the work progresses, upon proper showing by the commissioners of said district; but all expenses incurred by said subdistrict shall be repaid out of the proceeds of the first money received by the proposed subdistrict. The clerk of the chancery court shall thereupon give notice by publication for two weeks by two insertions in some newspaper published in the county or counties in which said subdistrict will be located, calling upon all persons owning real property within said subdistrict to appear before the chancery court, or chancellor in vacation, on some day fixed by said clerk not less than ten days after the last publication to show cause in favor of or against the establishing of the subdistrict. If it shall appear to the court or chancellor that the organization of the proposed subdistrict will conduce to the public benefit and to the interest of real property therein, it shall make an order upon its records establishing said subdistrict. Nothing in this section shall be construed so as to prohibit the formation and organization of a drainage district wholly or partly within a district already organized. A district independent of the district already organized may be organized where a part or all of the lands are not in the district already organized, provided that a third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage or real property within such proposed district shall petition the chancery court of any county of such district to constitute them a drainage district under the terms of this chapter, and thereupon proceedings shall be had in all respects in conformity with this chapter for the creation of a drainage district under its terms. When such a district is organized as now provided by law for the organization of drainage districts, it shall have all the rights, powers, and privileges of any other district, having its commissioners and other officers selected in the manner now provided by law; and such district shall have full power to make and levy assessments, issue bonds independent of any other district, and to do all other things now provided by law for the formation and organization of drainage districts. When any such district is organized, the several parcels of land thereof that are included within the corporate limits of any district shall still be liable to the district already organized for assessments for benefits thereafter levied, if any are received by them; and in like manner shall receive credit for any work done which is a benefit to the district already organized. The foregoing provisions of this chapter shall apply to the organization of the subdistrict, the same as to the organization of the district. When the court or chancellor has established a subdistrict, he shall appoint the commissioners of the subdistrict; and the proceedings thereafter shall conform in all respects to the provisions of this chapter relating to the drainage district. Said commissioners are empowered and authorized to issue bonds of said subdistrict, and said bonds shall be designated as the bonds of said subdistrict; and all the foregoing provisions of this chapter in reference to the issuance of the bonds of said drainage district shall apply to and govern the issuance of bonds of each particular subdistrict. The proceeds of the sale or money obtained on the bonds of any subdistrict shall be used and applied exclusively to the work of constructing and maintaining the internal drains of said subdistrict in the carrying out and perfecting its internal drains. Separate accounts shall be kept by the treasurer and depositories of said commission with each subdrainage district, so that there can be seen at all times the exact financial condition of each subdistrict, both as to its receipts and disbursements.

Miss. Code Ann. § 51-29-117 Manner of appeal.

Whenever an appeal is allowed to be prosecuted under this chapter, the same shall be taken within the time fixed by this chapter. If the appeal be from an order of the board of supervisors, same shall be perfected in the same manner as an appeal from orders of the board of supervisors approving tax assessment. If the appeal be from an order of the chancery court or chancellor in vacation, such appeal shall be prosecuted in like manner as is provided by law for the prosecution of appeals from other decrees of said court, but must be within the time fixed by this chapter for appealing. No appeal herein provided for shall be allowed to delay the organization of the district, or the progress of the work or improvement.

Miss. Code Ann. § 51-29-119 Additional powers given to certain drainage districts.

Any drainage district operating under the provisions of this chapter, having as its purpose and object a comprehensive and general plan to control overflow and surplus water of rivers and their tributaries, is hereby given the power, in addition to the foregoing powers given by this chapter, to construct and maintain by-passes for conveying surplus and overflow waters by means of ditches, canals, floodways, levees, conduits, or other artificial means by shorter and more direct route from tributaries of natural streams and their watersheds to their main water course, and from one point in a natural water course to another point therein. However, said by-passes, ditches, canals, floodways, levees, or conduits shall empty the water directly into the same watercourse to which it would naturally flow.

Miss. Code Ann. § 51-29-121 Assessments to be apportioned when land lies in certain districts.

Whenever such districts include within their boundaries land already included in an existing drainage district, such land in the existing district shall remain liable for benefits already assessed or that may thereafter be assessed by such existing district, and shall also be liable to be assessed for benefits by the new district as now provided by law; but such land in an existing district may, for any of its improvements used by the new district, be given credit against the assessment of benefits levied by the new district to the amount of its pro rata portion of all the bonded and outstanding indebtedness, including interest to accrue upon such bonds and indebtedness of such existing district.

Miss. Code Ann. § 51-29-123 Certain districts may own rights of way and dispose of same.

Such district shall have the right to acquire and own in fee simple, within the confines of such district, all necessary rights of way for floodways, by-passes, ditches, canals, levees, and other necessary work or improvements, by purchase or condemnation as now provided by law within the district; and it may sell, lease, or otherwise dispose of same, subject to drainage purposes and easements of the district, or it may rent or lease for cash, or part of crops, such parts of its right of way as are susceptible of growing and producing crops, the income therefrom to be used for the maintenance of the improvements of the district.

Miss. Code Ann. § 51-29-125 Certain districts may acquire rights of way through existing districts.

Such districts may acquire such rights of way through existing drainage districts, after obtaining consent of an existing district and upon such terms as the existing district may impose, but when the works or improvements of an existing district are so acquired, the district acquiring shall furnish and provide equivalent relief or protection to that destroyed or impaired by such taking. If not determined by mutual agreement by the commissioners of the districts or landowners, either district may petition the board of supervisors, chancellor, or chancery court having jurisdiction to investigate, determine, and adjudicate what damages shall be paid, or what work or relief shall be done or provided by the new district. Such judgment may be enforced by mandamus, as now provided by law, and all existing rights of landowners in an existing district shall be protected and cared for by such new district. An appeal shall lie from such order as provided by this chapter. Such district may use any ditch, levee, or other improvements of an existing drainage district with the consent of the commissioners thereof, and upon such terms, conditions, stipulations, and price as may be made by such existing drainage district.

Miss. Code Ann. § 51-29-127 Districts acquiring certain lands to assume obligations.

When lands in an existing district, and which have been assessed for benefits, are acquired for rights of way by such districts for canals, ditches, levees, floodways, by-passes, or other necessary drainage purposes, assessments already levied or that may be levied against such land to pay its proportion of outstanding bonds or other obligations of the existing district, including all interest to accrue thereon, shall be assumed and paid by the new district so taking or so acquiring such land, in the proportion that its value, as fixed by condemnation, shall bear to the value of the land included in the entire district.

Miss. Code Ann. § 51-29-129 Law with reference to disposition of waters.

Nothing contained in Sections 51-29-119 through 51-29-129 shall be construed to permit the enlargement of any prescriptive rights now or hereafter existing or acquired, nor permit the diversion of water from one watershed or basin to another watershed or basin. Nor shall said sections apply to or affect, change, modify, or alter the law as now existing relative to the diversion and control of seep water, and they shall not be construed to repeal, amend, or modify any existing laws, but shall be deemed as supplemental to the law as it now exists.

Miss. Code Ann. § 51-29-131 Enlargement of boundaries of drainage districts.

If ten per cent of the landowners owning lands adjoining or adjacent to any existing district operating under the provisions of this chapter shall petition the chancery court to extend the boundaries of any such existing district, describing generally the region which it is intended shall be embraced within the boundaries of such drainage district as extended, it shall be the duty of the chancery court, or chancellor in vacation, to enter an order directing the commissioners of such drainage district to forthwith proceed to cause a survey to be made, and to ascertain the limits of the region which will be benefited by the proposed system of improvements, giving a general idea of its character and the cost of drainage and other improvements necessary and making such suggestions as to the size of the drainage ditches and their location and of levees, dams, and pumping stations, if any of such be necessary, to properly drain and protect said territory, or if the commissioners may deem such levees, dams, pumping stations, or any or either of them advisable, and to file their reports with the clerk of the chancery court. All expenses of making such survey, preparing the plans and estimates of the costs of the improvements, costs of publication, attorneys’ fees, and other necessary expenses shall be paid as the work progresses by the existing drainage district to which the land and territory is proposed to be added, or by the board of supervisors as the court or chancellor may order. All such expenses shall be repaid out of the first money received from taxes upon the additional lands embraced in such drainage district, or from the sale of bonds from the district as extended, if that be done; but if that be not done, then the board of supervisors shall levy an ad valorem tax upon the land which it was proposed to add to such existing drainage district to repay the costs advanced by such existing drainage district or the board of supervisors, as the case may be.

Miss. Code Ann. § 51-29-133 Notice and hearing of proposed extension.

When such reports are filed, the clerk of the chancery court shall thereupon give notice for two weeks by two insertions in some newspaper published in the county or counties in which the land proposed to be included in and added to the existing drainage district is located, calling upon all persons owning the land within the said territory to appear before the chancery court, or chancellor in vacation, not less than ten days after the last publication of said notice to show cause in favor of or against the extension of the boundaries of said district so as to include and embrace their lands therein. If it shall appear to the court or chancellor that the extension of the boundaries of said drainage district, so as to include the additional territory and the construction of the proposed improvements, will be conducive to the public health, to the public benefit, and to the interest of the land and the owners thereof, he shall enter an order extending the boundaries of said drainage district so as to embrace and include said territory, and establishing the same as a part of said existing drainage district.

Miss. Code Ann. § 51-29-135 Extension of district on majority petition.

If the majority of the landowners owning one third of the acreage of the lands or one third of the landowners owning a majority in acreage of the lands proposed to be added to the existing drainage district shall petition the chancery court of any county in which any part of the land lies to extend the boundaries of the existing drainage district so as to embrace and include their lands, proceedings shall be held in all respects in conformity with the provisions of this chapter.

Miss. Code Ann. § 51-29-137 Rights and powers of extended district.

When the boundaries of the existing drainage district are extended so as to embrace and include additional territory and land, said district shall have all the rights, powers, and privileges so far as said land is concerned as said district had of the lands originally embraced and included therein, and shall have full power to make and levy assessments thereon and to issue additional bonds, as is now provided by law for the formation and organization of drainage districts under the provisions of this chapter. When the boundaries of any existing drainage district are extended and additional lands and territory added thereto to be drained and improved, the several parcels of land of such drainage districts as were included within the limits of the district as originally organized and formed shall be liable to the district as already organized for assessments of benefits to be thereafter levied, if any benefits are received by them; and in like manner shall receive credit for any work done or improvements made or constructed by the district as already organized, which will benefit the land and territory added thereto in the manner herein provided.

Miss. Code Ann. § 51-29-139 Extension may include lands of other drainage districts.

Nothing contained in Sections 51-29-131 through 51-29-143 shall be construed as preventing the inclusion, in the boundaries of the drainage district to be extended, of any lands embraced in any other existing drainage district. Any such lands shall be and remain liable to the drainage district in which such land is located for assessments for benefits thereafter levied, by the new district as extended, if any benefits are received by them; and in like manner shall receive credit for any work done, or improvements made, which will benefit the land added to the drainage district as extended.

Miss. Code Ann. § 51-29-141 Separate accounts kept for extended districts.

Separate accounts shall be kept by the treasurer and depositories for such extended districts, so as to show receipts and disbursements from and on account of the land embraced in the district as originally formed, and also from the land embraced in the territory added to such districts.

Miss. Code Ann. § 51-29-143 Provisions applicable to extended districts.

All the provisions of this chapter shall apply to the organization and operation of extended existing drainage districts, as authorized by the provisions of Sections 51-29-131 through 51-29-143, in so far as the same are or can be made applicable.

Miss. Code Ann. § 51-29-145 Consolidation of districts.

The board of commissioners of any drainage district of the State of Mississippi organized and existing under and by virtue of this chapter, which embraces lands in three or more counties in the State of Mississippi and which supplies an outlet for the water of three or more drainage districts draining tributary streams, in its discretion may, by resolution adopted at any meeting of said board and spread upon its official minutes, declare its proposal and intent to combine the territory of all of the drainage districts for which it supplies a drainage outlet, hereinafter referred to as tributary drainage districts, with the territory of the district supplying said outlet so as to form a single consolidated drainage district embracing the territory of all of the said drainage districts to be under the governing authority of a single board. The same discretionary authority shall also be vested in the board of commissioners of a drainage district of the State of Mississippi meeting the following qualifications: That it was organized and is existing under and by virtue of this chapter; That it is located in two counties in the State of Mississippi, one of which has a population in accordance with the last previous federal census of less than 20,000 and an assessed value on the basis of the 1930-1954 assessment rolls placing it in class 5, and the other of which has a population of less than 20,000 and an assessed value on the basis of the 1930-1954 assessment rolls placing it in class 6, where the combined area of all the drainage districts proposed to be consolidated is less than 24,000 acres; and That it supplies an outlet for the water of one or more drainage districts through which there runs a continuous drainage canal shared by said districts and providing a combined drainage system for said districts. Also, the same discretionary authority is vested in the board of drainage commissioners of any drainage district of the State of Mississippi located in one or more counties meeting only the qualifications of subsection (a) of this section whose drainage canal supplies an outlet for the water of one or more tributary drainage districts.

Miss. Code Ann. § 51-29-147 Petition and notice of consolidation.

Upon the adoption of such resolution, the said board of commissioners of said drainage district may file its petition in the chancery court of any one of the counties in which it embraces land, requesting said court, or the chancellor thereof in vacation, to set a date for a hearing upon said proposal, either in term time or vacation, not less than three weeks after the date of the decree fixing the same, and to direct the clerk of said court to give notice of the time, date, and place of such hearing by publication at least once each week for two consecutive weeks. Such notice shall be published in a newspaper or newspapers having general circulation in each of the counties in which any of said districts shall embrace land, the date of the first publication to be not less than ten days prior to the date set for said hearing. Said notice shall be addressed to the officials, landowners, taxpayers, and other persons interested in said drainage districts proposed to be affected by said consolidation, shall contain a statement that written protests or objections to the proposed consolidation may be filed with the clerk of said court at any time prior to the date set for said hearing, and shall state that a failure to so file such written protest or objection prior to said date shall forever bar and preclude such protest or objection. Said notice may be in substantially the following form: NOTICE TO THE OFFICIALS, LANDOWNERS, AND TAXPAYERS OF, AND OTHER PERSONS INTERESTED IN (Here name all of the drainage districts proposed to be affected): Notice is hereby given that the Board of Commissioners of (here insert name of the drainage district making the proposal) has filed its petition in the Chancery Court of County, Mississippi, proposing to combine the territory of (here insert names of tributary drainage districts proposed to be consolidated) with that of said (drainage district making proposal), so as to form of such combined territory a single consolidated drainage district embracing the territory of all of said districts, under the governing authority of a single Board of Commissioners to be appointed by said court (or chancellor in vacation), said proposed consolidated drainage district to have all of the power and authority of a drainage district organized and existing under Chapter 29, Title 51, Mississippi Code of 1972. Notice is further given that said matter has been set for hearing by the Chancery Court of County, Mississippi (or the chancellor thereof in vacation, as the case may be) at o’clock M. on the day of 20, at the county court house at , Mississippi; and that any official, landowner or taxpayer of, or other person interested in any of the aforesaid drainage districts, who desires to oppose such proposed consolidation, must file his protest or objection in writing with the clerk of said court prior to said date set for said hearing, and that a failure to do so before said date forever will preclude and bar such protest or objection. Witness my hand and seal of office, this day of 20 Clerk of the Chancery Court of County, Mississippi. Click to view

Miss. Code Ann. § 51-29-149 Consolidation hearing and decree.

At said hearing, the court or chancellor in vacation, as the case may be, shall hear the written protests and objections against the proposed consolidation of said districts, if any be filed prior to the date set for said hearing; and unless, prior to said date of hearing, a majority of the landowners of said districts proposed to be consolidated, owning half or more of the combined land of said districts, shall have filed their written protests or objections against said proposed consolidation, shall enter a final decree, which shall have the force and effect of a judgment, consolidating said districts into a single drainage district embracing the combined territory of all of said several districts. The consolidated drainage district so formed shall have all of the power and authority of a drainage district organized under the provisions of this chapter, and shall have full, complete, and exclusive jurisdiction over such combined territory and of the complete and integrated systems of drainage of the said districts so consolidated. Any person aggrieved by said decree may appeal to the supreme court within twenty days after the date thereof.

Miss. Code Ann. § 51-29-151 Commissioners of consolidated district.

In the event of such consolidation as provided in Sections 51-29-145 through 51-29-157, the court or chancellor in vacation immediately shall proceed to name said consolidated district, and to appoint to govern the same a board of commissioners to consist of five members, three of whom shall constitute a quorum for the transaction of business, and who shall possess the same qualifications now required by law for drainage commissioners. Two of such commissioners shall be appointed for a term of two years, two for terms of four years, and one for a term of six years, and all shall serve until their successors are appointed. Upon the expiration of the initial term of any commissioner, his successor shall serve for a term of six years and until his successor is appointed. The commissioners so appointed shall take and subscribe the oath required by law, and enter into bond for the faithful performance of their duties in a penalty to be fixed by the court or chancellor, to be approved by the clerk of said court.

Miss. Code Ann. § 51-29-153 Transfer of powers of former commissioners.

When said board of commissioners of said consolidated district have been appointed and have qualified as required by law, the several boards of commissioners of the said separate drainage districts shall cease to exist, and their power and authority shall terminate. They shall be divested of all of the power and authority theretofore vested in said several boards of commissioners, and all of their said power and authority and jurisdiction in respect to the territory and drainage improvements of their said respective separate districts shall vest in, and thereafter be exercised by, said board of commissioners of said consolidated district.

Miss. Code Ann. § 51-29-155 Lien of outstanding obligations not impaired by consolidation.

Nothing in Sections 51-29-145 through 51-29-157, nor in any proceedings had under the provisions thereof, shall have the effect of impairing, releasing, or abrogating the lien of the principal of, or interest on, any outstanding bonds, notes, or other obligations of any of the said several drainage districts referred to herein. Such liens are hereby expressly retained and preserved, and the property of any of said drainage districts having any such bonds, notes, or other obligations outstanding at the time of said consolidation shall continue and remain liable for taxation as theretofore for the payment thereof as the same mature and become due. It shall be the duty of said board of commissioners of said consolidated district annually to cause to be levied taxes against said property in any such district, sufficient to pay and discharge any such bonds, notes, or other obligations of such district as they mature and become due.

Miss. Code Ann. § 51-29-157 Powers and authority of consolidated district.

Said consolidated drainage district shall have the same authority, power and jurisdiction over the combined territory of said separate districts, and over the integrated system of drainage thereof, as if it were a district organized and existing under and by virtue of this chapter. Such district shall have the further and additional power, authority, and jurisdiction to assess said combined territory, or any part thereof, with additional benefits and to levy taxes thereon for the purpose of raising money to preserve the said integrated system of drainage thereof, to clean out, widen, maintain, extend, deepen, and maintain the main and lateral canals thereof, and to construct such other and new canals as the board of commissioners of said consolidated drainage district may find advantageous to the efficient drainage of the said combined territory. In the exercise of said authority, power, and jurisdiction, said consolidated drainage district shall not be bound by any assessment previously made in any of said separate drainage districts, and may assess the said combined lands with benefits without regard to any former assessment of benefits in any separate district. In making said assessments, levying taxes, and in exercising its authority, jurisdiction, and control, said consolidated drainage district shall, insofar as the same is not inconsistent with Sections 51-29-145 through 51-29-157, follow the procedures which shall have the effect provided by this chapter.

Miss. Code Ann. § 51-29-159 Mineral leases.

The board of commissioners of any drainage district heretofore and hereafter organized under the provision of this chapter are hereby authorized and empowered, in their discretion, to lease lands owned by the drainage district for oil, gas, and mineral exploration and development upon such terms and conditions and for such consideration as the board of commissioners of said district, in their discretion, shall deem proper and advisable. Every such lease shall empower the lessee to enter upon the premises leased and to explore and develop such premises for oil, gas, or either of them, or such other minerals as may be included in the terms of said lease, and do all things necessary or expedient for the production and preservation of any such products. All rentals, royalties, or other revenue payable under any leases executed pursuant to this section shall be paid to and collected by the treasurer of such drainage district, deposited in the drainage district fund, and used and expended in the same manner and subject to the same restrictions as provided by law in the case of other money belonging to such drainage district. Any lease executed pursuant to this section shall inure to the benefit of the lessee named therein, his heirs and assigns, and in case the lessee be a corporation, to such lessee and its assigns.

Miss. Code Ann. § 51-29-161 Reforestation procedure.

The owner or owners of any tract or tracts of land situated within the boundaries of any drainage district that embraces land in more than one county of the state and was organized under this chapter may, in event the United States government, any agency or instrumentality thereof, or any corporation organized under an Act of the Congress of the United States for the purpose of engaging in any reforestation activity accepts a proposal of said owner or owners for the sale thereof, file a petition in the chancery court of the county in which the drainage district was organized, describing therein the tract or tracts of land in said district on which the proposal of said owner or owners for sale as aforesaid has been accepted as said tract or tracts are described in the assessment roll of the district, stating the total amount of assessments of benefits against each said tract and also the total amount thereof remaining unpaid at the time of the filing of such petition, and praying an acquittance of said tract or tracts from all outstanding indebtedness and assessments of benefits of said district whatever and a release thereof from the boundaries of said district on payment of the total amount of assessment of benefits of said district against said tract or tracts remaining unpaid on the filing of such petition. Thereupon the clerk of such chancery court shall issue notices, addressed to all the landowners of said district and to all holders of the outstanding indebtedness of said district, of a hearing on such petition at the next succeeding term of said court or in vacation at a time and place to be fixed by the chancellor, which notice shall be published in a weekly newspaper having a bona fide circulation in each county, any part of which is included within the boundaries of such district, for two successive issues.

Miss. Code Ann. § 51-29-163 Hearing on reforestation petition.

At said hearing, if said owner or owners shall have then paid over to the chancery clerk the amount set out in said petition and if all of the holders of not less than 95% in amount of the outstanding original indebtedness of the district and all of the holders of outstanding refunding bonds of said district shall have signified in writing, filed with the clerk of said court, their consent to receive the sum so paid as a credit on the said outstanding indebtedness held by them, the chancellor shall determine whether said amount is the true amount of the assessment of benefits of said district against said tract or tracts then remaining unpaid, whether or not the release of said tract or tracts as prayed for will interfere with the continued functioning of the improvements of said district, and whether or not the proposal of sale as set out in said petition is submitted in good faith and accepted as aforesaid. In event it is found that the sum tendered was the true amount of the assessments of benefits of said district against said tract or tracts remaining unpaid, that a release of said tract or tracts will not interfere with the continued functioning of the improvements made by said district, and that the proposal of sale as set out in said petition was submitted in good faith and accepted as aforesaid, the chancellor shall order an acquittance of said tract or tracts from liability for all the outstanding indebtedness of said district and release said tract or tracts from the boundaries of said district, on condition that the sale so proposed and accepted be consummated and a deed to said tract or tracts be delivered to the United States government, to any agency or instrumentality thereof, or to any corporation organized under an Act of the Congress of the United States for the purpose of engaging in reforestation activities. The effect of such order shall be to render said tract or tracts of land, on delivery of said deed, as fully free of any obligation, lien, or incumbrance arising from its inclusion in said district as if said tract or tracts had never been within said district.

Miss. Code Ann. § 51-29-165 Disposition of proceeds of reforestation release.

On the rendition of said order the chancery clerk shall pay over to the board of commissioners of said district the amount so paid in to him, which amount shall be held in a special fund to be deposited with the depository of said district under all protections now provided by law for the deposit of funds of drainage districts. Said special fund shall only be withdrawn thereafter in annual installments of the exact amount of the tax which would have been raised by the levy for the year in question from said tract or tracts, had same not been released from the district, and used by the commissioners only in payment of outstanding indebtedness of the district. However, if the holder or holders of the outstanding indebtedness of the district chargeable against the assessed benefits thereof consent to the release of said land or lands from the district, the sum so paid by the landowners shall be paid to such consenting holders of said indebtedness and immediately credited thereon.