Drainage Districts with County Commissioners

Miss. Code Ann. tit. 51, ch. 31

in effect

Miss. Code Ann. § 51-31-1 Powers of drainage districts.

Each drainage district heretofore organized in this state and each drainage district hereafter organized therein shall be a body corporate, shall have authority to sue in its own corporate name and be sued therein, may contract and be contracted with, may plead and be impleaded, and where organized or operating under the provisions of this chapter in its name may do and perform any and all things necessary and authorized by this chapter. All such acts may be done by its commissioners in the name of the district. As an alternative to any existing right, power, and authority given to any drainage district operated by a board of county drainage commissioners, or to such commissioners, by the laws of the State of Mississippi now or hereafter enacted, all the provisions of the statutes of the State of Mississippi now or hereafter enacted relative to drainage districts operated by local commissioners, and to such local commissioners, shall apply to any drainage district heretofore or hereafter organized and operated by a board of county drainage commissioners, and to such commissioners.

Miss. Code Ann. § 51-31-3 Definitions.

The terms “benefits” and “betterments,” as used in this chapter are interchangeable and shall be construed as synonymous. The terms “ditches” and “drains” shall be construed to also include levees and closed drains, such as tiling, as well as open ditches.

Miss. Code Ann. § 51-31-5 General authority of drainage districts.

Drainage districts may hereafter be organized in this state under the provisions of this chapter for the purpose of reclaiming wet, swamp, or overflowed lands for agricultural and sanitary purposes conducive to public health in the manner hereinafter provided and, when so organized, shall consist of a system of artificial main drains, lateral drains or ditches, natural drains and water courses, or levees. To the end that the purposes of the organization of such districts according to this system may be attained, they shall have and are given full power and authority to construct or to cause to be constructed such artificial main drains and ditches, lateral drains and ditches, and tile drains over the lands of others or over or on lands which may be acquired by said district, and to alter, deepen, or improve any and all natural drains and water courses as it may be necessary to alter, deepen, or improve so that a complete system of such drains may exist in the district for agricultural and sanitary purposes. Such districts may also, in addition to the construction of such drains, construct or erect over the land of others, or over the lands to be acquired by the drainage district or commission for that purpose, such levees as may be necessary to protect or reclaim any lands from overflow from any source.

Miss. Code Ann. § 51-31-7 Exercise of authority.

All drainage districts of the state heretofore organized or that may be hereafter organized, except as otherwise provided in Chapters 29 and 33 of this title, shall severally exercise their respective powers and be managed by three county drainage commissioners of the county in which the organization of the district was had and by the chancery court or chancellor in vacation of such county, as hereinafter provided in this chapter.

Miss. Code Ann. § 51-31-9 Selection of county drainage commissioners.

In every county in this state in which there is now a drainage district and in which a drainage district may hereafter be created or be proposed to be created under this chapter, the board of supervisors of such county shall select three county drainage commissioners for such county. The term of office of each commissioner shall be six years and until his successor is selected and has qualified, with said terms expiring at two-year intervals to insure the selection of one new commissioner every two years. Any vacancy in office of a county drainage commissioner in any county may be filled by the board of supervisors at any regular meeting of such board, which board is given the authority to fill all unexpired terms of any commissioner in the county. Every resident citizen of any county, being the owner of land in said county and over 25 years of age, of good reputation, and of sound mind and judgment shall be eligible to hold the office of county drainage commissioner in the county of his residence. If any commissioner shall refuse or neglect to discharge the duties imposed upon him by virtue of this chapter, or shall neglect or refuse to qualify as such commissioner after being selected for such office, the other two commissioners shall proceed to exercise the duties of their office and the business of said drainage district until the next meeting of said board of supervisors, when the office of the party refusing to perform or qualify shall be filled by the selection of another party in his stead.

Miss. Code Ann. § 51-31-11 Oath and bond of drainage commissioners.

Each person selected county drainage commissioner shall, before entering upon the discharge of the duties of the office, give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty not less than Fifty Thousand Dollars ($50,000.00). Such commissioner shall take and subscribe to an oath of office before said clerk that he will faithfully discharge the duties of the office, which oath shall also be filed with the said clerk.

Miss. Code Ann. § 51-31-13 Compensation of commissioners.

The commissioners each shall receive per diem compensation as provided by Section 25-3-69 for each day’s actual service, not exceeding four (4) days in any one (1) calendar month, to be allowed on an itemized account rendered to the board of drainage commissioners and approved by the chancery court.

Miss. Code Ann. § 51-31-15 Quorum.

A majority of the commissioners shall constitute a quorum, and the concurrence of a majority of their number in any matter within their duties and authority under this chapter shall be sufficient to bind the said board.

Miss. Code Ann. § 51-31-17 Secretary and treasurer of drainage districts.

After the organization of a drainage district, the commissioners shall elect a secretary and treasurer, who may be a member of the board or may be any person qualified to fill the position. He shall give bond in such sum as the commissioners, with the approval of the chancellor, may determine and shall receive such compensation as the commissioners may allow, subject to approval by the chancellor. Such secretary and treasurer shall receive from the county tax collector, whose duty it shall be to collect, all monies levied by said drainage commissioners. The commissioners, with the approval of the chancellor, may designate the depository for such funds; such depository to be a qualified county depository; and upon their failure so to do, the funds shall be deposited as is now provided by law for funds belonging to the treasury of the county. The drainage commissioners of a district which has no bonds outstanding or which has a surplus fund in the treasury, by and with the approval of the chancellor, may place the surplus funds in a qualified county depository on savings account for six (6) months or more, at a rate of interest of not less than two percent (2%), or may loan said surplus funds on land in the county in which the district is organized, at a rate of interest of not less than six percent (6%) and on such terms and for such time as the chancellor may direct. Any such depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for county funds. It shall be the duty of the treasurer to keep proper books to be furnished him by the commissioners, in which he shall keep an accurate account of all moneys received by him and of all disbursements of the same. He shall pay out no money except upon the order of a majority of the commissioners, shall carefully preserve on file all orders for the payment of money given him by the commissioners, and shall turn over all books, papers, vouchers, moneys and other property belonging to said district, in his hands as such treasurer, to his successor in office.

Miss. Code Ann. § 51-31-19 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. § 51-31-21 Creation of drainage districts on petition.

Whenever a majority of the owners of lands within a district proposed to be organized into a drainage district, who shall have arrived at lawful age and who represent one third in area of the lands in such proposed district, or whenever one third of the land owners in such proposed district owning more than one half of the lands in said district desire to organize a drainage district for the construction of drains or ditches across the lands of others for agricultural and sanitary purposes, or to maintain and keep in repair any such drains and ditches heretofore constructed, or to establish in said district a combined system of drainage or protection from wash or overflow for agricultural and sanitary purposes, and to construct and maintain the same by special assessment upon the property benefited thereby, such owners may file in the chancery court a petition signed by a majority of the owners of said land who own one third of the lands proposed to be included in said district, or by one third of the owners of said lands who own more than one half of the lands in said proposed drainage district to be organized as aforesaid, setting forth the proposed name of said drainage district, the necessity for the same, the description of the lands to be included in said drainage district, the names of the owners when known, together with the post-office address of such owners if the same can be ascertained, and may pray for the organization of a drainage district by a name to be given to the same.

Miss. Code Ann. § 51-31-23 Jurisdiction of organization.

Where the land to be included in a proposed drainage district lies wholly within one county or a judicial district of a county, the petition for the organization of the district shall be filed in the chancery court of such county or judicial district. Where the lands to be included in such proposed drainage district lie in two or more districts or counties in this state, the petition shall be filed in the chancery court of the county or judicial district in which the greatest or greater number of acres of land to be included lie. Such chancery court or the chancellor thereof shall have jurisdiction of the entire drainage district, whether all of the proposed lands of the drainage district lie within the chancery court district, or a part of the lands lie outside thereof.

Miss. Code Ann. § 51-31-25 Notice of petition.

Upon the petition being filed in the office of the clerk of said chancery court, said clerk shall cause three weeks’ notice of the filing of said petition to be given, addressed “To all persons interested,” by posting notices thereof at the door of the courthouse of the county or counties in which the district is situated and in at least ten of the most public places in said proposed district, and also by publishing said notice at least once a week for three consecutive weeks in some newspaper or newspapers published in the county in which the larger part of said district lies, if there be any newspaper published in said county. Such notice shall state when and in what court said petition was and is filed, with the general description of the land included in the said proposed drainage district and the boundaries of said drainage district, and when the said petitioners will ask a hearing of said petition. If any of the landowners in said district are nonresidents of said county or counties in which said proposed district will lie, or nonresidents of this state, the petition shall be accompanied by an affidavit giving the names and post office address of said nonresidents, if known, and if unknown, stating that upon diligent inquiry their places of residence and post offices cannot be ascertained; and the clerk shall send a copy of the notice which has been published as above provided by registered mail to each of said nonresidents whose residence or post office is known, which notice shall be mailed by said clerk not later than five days before the date set for hearing of the petition. The certificate of the clerk, with registered letter receipts attached, or the affidavit of any other credible person affixed to copy of such notice shall be sufficient evidence of the posting, mailing, and publication of such notice.

Miss. Code Ann. § 51-31-27 Date of hearing.

The chancery court in which such petition shall be filed may hear the petition at any term thereof, or the chancellor of said court may fix a time to hear such petition at any time in vacation, may determine all matters pertaining thereto and all subsequent proceedings of the district when organized under this chapter, may adjourn the hearing from time to time, and may continue the case for want of sufficient notice or other good cause. If said petition shall prove defective in any manner, the petitioners, upon motion, shall be permitted to amend the same.

Miss. Code Ann. § 51-31-29 Hearing of petitions.

Upon the day set for hearing said petition or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same; and if the contestants file a petition signed by one third of the landowners in such proposed district owning more than one half of the lands in said district, then said original petition shall be dismissed. The court shall first determine whether the petition filed by the contestants is signed by persons of lawful age who represent one third of the landowners in such proposed district owning more than one half of the lands in said district. If it is so signed, the court or chancellor shall enter an order dismissing the original petition. If it is not so signed, then at the first hearing on the original petition the only questions to be passed upon by the court shall be: first, whether the petition is signed by the number of qualified signers required by this chapter; second, whether the required notices by publications, mail, and posting have been given; third, whether the lands of said proposed drainage district or any part thereof required a combined system of drainage; fourth, whether the creation of the district would meet a public necessity and would be conducive to the public welfare. If the court or chancellor shall find in favor of the petitioners upon all of these points, he shall enter an order to that effect, refer the said petition to the drainage commissioners of said county for proceedings thereon in compliance with this chapter, and fix a day upon which such commissioners shall meet to consider the same, and investigate the lands in the said proposed drainage district. All deeds made for the purpose of defeating or aiding the prayer of such petition, not made in good faith and for a valuable consideration, shall be taken and held to be in fraud of the provisions of this chapter; and the holders thereof shall not be considered as owners thereof in construing the provisions hereof. Upon said first hearing if the court or chancellor shall find that said petition is not signed as required by this chapter or that notices have not been given as required thereby, the court or chancellor may allow the petitioners to amend the same or may continue said petition for further hearing, with leave to the petitioners to give proper affidavit of any two or more signers of the said petition that they have examined said petition, that they are acquainted with the land and locality of such proposed district, and that such petition is signed by the number of landowners required by this chapter who are of lawful age. Such affidavit may be taken by the court or chancellor as prima facie evidence of the facts therein stated. If the court or chancellor shall find against the petitioners upon any one or more of the points above provided, then said petition shall be dismissed; and in any dismissal under this section, all costs shall be adjudged against the petitioners for the organization of said proposed drainage district.

Miss. Code Ann. § 51-31-31 Landowners may sign petition at hearing.

At the time of the hearing of the petition for the organization of any district, any landowner or landowners desiring so to do may sign said petition and ask that his lands be attached to and made part of said district.

Miss. Code Ann. § 51-31-33 Commissioners to estimate cost.

As soon as may be after such petition shall be referred to said commissioners, or within such time as the court or chancellor may direct, the commissioners shall meet and go upon said lands and examine the same, and the lands over which the work is proposed to be constructed, and determine: first, the starting point, route, and termini of the proposed work, the location and size of the main ditch to be constructed in said drainage district, which in their opinion will successfully drain the said lands, and whether the drainage of the lands in such proposed drainage district is possible or not, provided that any ditch already constructed in such proposed drainage district may be used as a “main”, or part of a main ditch, if found expedient and sufficient for the purposes of the district; second, the probable cost of same, including expenses and court costs; third, what land will be injured or damaged by the proposed work and the probable aggregate amount of damages such lands will sustain by reason of the laying out and construction of such ditch or ditches; fourth, what lands will be benefited by the construction of the proposed work, and whether the aggregate amount of benefits will equal or exceed the cost of the construction of such work. In the examination of such district and determination of the questions for said commissioners to determine, the said commissioners are authorized and empowered to employ an engineer to go with them upon the lands of said district and examine the same, make a map and profile thereof, and an estimate of the size and depth of the ditch or ditches required for main outlets for the drains of said lands, and the probable cost, and a profile thereof.

Miss. Code Ann. § 51-31-35 Proceedings on report of commissioners.

The commissioners shall also find and determine whether all of the lands in said proposed drainage district will be benefited thereby, or drain into and have their outlet by and through the drains and ditches to be constructed in said proposed drainage district. If they shall find, by reason of any errors, mistakes, or misunderstanding, that any part of the lands described in said petition do not drain into said watershed and proposed ditches and drains, they may report that the same shall be excluded from said district when organized. Upon the report of the commissioners being filed with the clerk of the court in which such proceedings are had, the said clerk shall cause three weeks’ notice thereof to be given, addressed “To all persons interested,” by publication in some newspaper in said county in which such proceedings are had, if there be any newspaper so published. If there be no newspaper so published, the notice shall be posted for three weeks in ten conspicuous places in said district, but he shall not be required to mail notices to any persons or give any other or further notice than the mere publication thereof. Such notice shall state the time of filing such report, that a map and description of the work laid off and proposed to be constructed is on file in his office, and a description of the lands, if any, proposed to be thrown out or excluded from said district, and upon what day application will be made for confirmation of said report, at which time all persons interested may appear and contest the confirmation thereof, or propose that the report ought to be modified in any particular, and offer any competent evidence in support thereof. The day fixed by the clerk for the hearing of said report shall be at a certain day of the next succeeding term of said court as provided by this chapter, or at a certain day in vacation when the chancellor of said court may appear and hear the same.

Miss. Code Ann. § 51-31-37 Disposition of report.

If upon the hearing of said report and of objections made thereto, the court or chancellor shall be of opinion that said drainage district should be organized, he shall order the confirmation of said report and declare said district duly organized. If it shall appear to the court or chancellor that additional ditches or drains for main outlets not named in the report are necessary, the court or chancellor shall modify the same to conform to the equities in the premises; or if not sufficiently informed, the court or chancellor may refer the said report back to the commissioners for correction, may order the commissioners to correct and reform their report, and may make directions how they shall reform their report. The court may make all necessary orders in the premises for the continuance of the hearing of said report and the confirmation thereof. If the report be referred back to the commissioners for amendment, the court or chancellor may fix a day when the commissioners may again present their report, in which case the hearing shall stand adjourned to that date and no further notice shall be required thereof.

Miss. Code Ann. § 51-31-39 Form of court’s order.

If, after hearing all objections, if any, to the report of the commissioners and all applications, if any, to annex other lands to the proposed district by the owners of such lands, the court or chancellor finds that a drainage district should be organized, the map of the same shall be recorded and the order may be entered according to the findings of the court or chancellor, substantially as follows: “The State of Mississippi County of Term, A.D. 20. In the matter of the petition to organize drainage district in the county of and State of Mississippi. This day the report of the drainage commissioners of said county, filed in this cause, having been heard, and it appearing to the court or chancellor that due notice has been given “to all persons interested” for the length of time and in the manner required by law of the application to this court for the confirmation of said report, and the court or chancellor having duly examined said report and considered all objections to the same, it is ordered by the court that the report of said commissioners (or if modified by the court, say as modified by the court) be, and the same is, hereby confirmed; and the court further finds that the work proposed in said petition to be done will be beneficial for agricultural and sanitary purposes to the owners of the lands within said proposed district. And the court also finds that the persons who have signed said petition are of lawful age and owners of land in number and quantity as required by law. And it is further hereby ordered and decreed by the court that said district be, and the same is, hereby duly organized as a body politic and corporate by the name and style of drainage district in the county of and the State of Mississippi.” Click to view But if the court, after hearing said report and objections, finds that the work proposed in said petition and the report with estimated costs by the drainage commissioners will not be sufficiently beneficial and justifiable for agricultural and sanitary purposes to the owners of the lands within said proposed drainage district, then an order shall be entered on the minutes of the court dismissing the petition and disallowing the organization of the proposed drainage district; and all costs and expenses shall be adjudged against the petitioners for the proposed drainage district.

Miss. Code Ann. § 51-31-41 District declared organized.

Upon entering such order of record upon the minutes of said court, said district is hereby declared by law to be organized as a drainage district, by the name mentioned in such petition and order of the court or chancellor in vacation and by the boundaries fixed by the order confirming the report of said commissioners, and is hereby declared to be a body politic and corporate by the name mentioned in said order of the court, with the right to have perpetual succession and to adopt and use a corporate seal. The commissioners and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authorities of said district and shall exercise the functions conferred upon them by this chapter.

Miss. Code Ann. § 51-31-43 Preliminary expenses.

All moneys that have been advanced or expended in good faith by parties interested in the organization of any district, necessary for the preliminary work in organization, such as surveys, attorneys’ fees, and incidentals thereto, may be repaid by the drainage commissioners as follows: If the district is organized, to be paid as a part of the costs of said district; but if the organization of the district is denied, the court or chancellor in vacation may make such orders and decrees as may appear to be equitable and just to all parties interested towards providing for the payment of such sums, together with such sums as the commissioners have expended or contracted for in good faith after the reference of the petition to them, and to this end may assess an acreage tax against such lands in such district which were owned by the persons signing the original petition praying that the district might be organized. After the petition for the organization of a district is filed and referred to the commissioners, they are authorized and empowered to issue certificates of the district to raise funds to have all necessary surveys made and to pay all necessary expenses and costs incurred in the preliminary work prior to the organization thereof, which certificates shall bear interest at the rate of 6% from their dates, but no certificate shall be made payable for a longer period than two years from its date. These certificates shall be paid as soon as the district is organized and sufficient funds come into the hands of the commissioners to pay same. Where any district shall fail to be organized solely by reason of the fact that a sufficient number of petitioners signing the original petition withdrew therefrom so as to leave an insufficient number of petitioners or an insufficient acreage represented by the petitioners remaining, and the chancery court or chancellor shall so state in his decree, the entire costs of the proceedings shall be decreed against the lands of such petitioners so withdrawing, on an acreage pro rata basis.

Miss. Code Ann. § 51-31-45 Assessment roll.

As soon as practicable after the entry of the order organizing a drainage district, the drainage commissioners shall go upon the lands of said district, examine the same, and assess the benefits to be derived by each separate tract of land for the proposed work, putting down in dollars and cents the amount of such benefits to be derived by such tract. They shall also estimate and put down in another column the amount of damages, if any, that any of the owners of said land may, in the opinion of such commissioners, sustain by reason of the construction of such work over their land in such district; shall make an estimate of the costs of draining said district, apportioned to each tract of land; and shall make and file a schedule or assessment roll of the same, which shall be substantially in the following form: EstimatedCostof Work Name ofOwner Descriptionof Land Amount ofBenefits Amount ofDamages Assess-ment Sub Div. Sec. T.R. and acres $ $ $ $ Click to view 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 an acreage basis 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. § 51-31-47 Notice of assessments.

When the commissioners shall have completed their assessments of damages and benefits, they shall file the same with the clerk of the chancery court; and the clerk is authorized to set down and fix a time for the hearing of objections to such assessments, at the request of said commissioners, at any time that the court or chancellor in vacation may be able to hear the same as herein provided. The clerk shall cause a notice to be published at least once a week for two successive weeks, of the time set for hearing objections to such assessments, which time for hearing shall not be less than fifteen days nor longer than thirty days from the time of filing the same, unless a longer time shall be ordered by the court or chancellor or requested by the commissioners. Said publication shall be made in any newspaper published in the county, if there be one published in the county where the cause is pending; otherwise, by posting written notices in ten public places in the district, and shall be sufficient, and the only notice required of the filing of said assessment roll and the time set for hearing objections thereto.

Miss. Code Ann. § 51-31-49 Hearing objections.

The commissioners and landowners shall appear at the time and place set for hearing objections to said assessment roll, and the court or chancellor in vacation shall hear all objections that may be made, by the commissioners, landowners, or other persons interested, to the amount of benefit assessed or damage allowed to any tract or tracts of land on said assessment roll or to the assessments as a whole. After hearing all evidence offered, the court or chancellor in vacation shall direct the commissioners to make such alterations as shall be deemed just and equitable, by raising or lowering all or any assessment as the court may deem proper for the accomplishment of the work; and any changes so made by the court or chancellor shall be final unless appeal be taken.

Miss. Code Ann. § 51-31-51 Assessments confirmed.

Any party in interest may appeal to the supreme court of the state within ten days after the assessments have been confirmed or passed upon as provided in Section 51-31-49. The record of the proceedings or the bill of exceptions in every case shall be required to be filed within thirty days after the hearing, and the appeal bond shall be filed and approved within ten days after such approval of the assessment. Each party appealing shall execute a separate appeal bond in a sum of not less than $100.00, and a greater penalty shall be required, where in the judgment of the chancellor or court, the costs in the case are likely to exceed the sum of $100.00. After ten days from the approval of the assessments, the decree shall be final as to all persons in interest who have not executed appeal bonds as herein provided or as the court may fix as to the amounts thereof. No appeals shall be allowed in the proceeding until after the assessments are made final by order of the court or chancellor, whether the appeal relates to the assessment or to other features of the proceeding; and no appeal or appeals shall stop the proceedings with reference to the organization and doing the work of the district, but the work and proceedings shall proceed the same as if no appeal or appeals had been had. In case of a reversal in any feature of the proceedings, the errors shall be corrected according to the mandate of the court, so that no injustice shall result from any error of the court first making the error.

Miss. Code Ann. § 51-31-53 Payment of assessments.

At the time of confirming the assessments of benefits and damages and the estimated costs of the work proposed, the court or chancellor may order the assessments to be paid in installments, in such amounts and at such times as may be convenient for the accomplishment of the work proposed or the payment of bonds issued therefor; otherwise, the whole amount of such assessments shall be payable on the confirmation of such assessments. The assessments and installments thereof shall draw interest at the rate of not exceeding six percent (6%) per annum, payable annually, from the date of the confirmation; but if any owner elects he may pay the whole amount of the assessment and interest against any part of his property, or all of it, before it becomes due and within thirty days from the date of the confirmation of the assessments and benefits and before the issuance of bonds for the district, and all such property paid on shall not be liable for the payment of such bonds and assessments further. All assessments for benefit and assessments for doing the work of the district shall be a lien upon the lands of the district, assessed specifically against such lands which have not had their assessments paid, and shall continue until such assessments are levied and paid. In case any assessment and accrued interest is not paid when due, the specific land against which said assessment is made shall be advertised and sold by the tax collector of the county, as he is required to sell lands delinquent for state or county taxes; and all the provisions of the laws of this state in reference to the sale of lands to enforce the payment of state and county taxes are hereby declared to be and hereby are made a part of this chapter to enforce the payment of the assessments herein authorized to be made. All drainage assessments shall be collected by the tax collector of the county at the same time and in the same manner as are state and county taxes, and the same penalties shall accrue for the nonpayment of drainage assessments as for nonpayment of state and county taxes. At the time of confirming such assessments, the court or chancellor in vacation may authorize the levying of such portions of such assessments as may be necessary to pay the principal and interest on the bonds authorized to be issued, and to carry out the purposes for which the said district was formed and organized.

Miss. Code Ann. § 51-31-55 Right of way agreements.

The commissioners shall also, as soon as said petition to organize said district has been referred to them by the court, proceed to procure the right of way for the main ditch or ditches of said district, as well as the right of way for any laterals, drains, or levees that may be decided upon, by agreements with the landowners over or through whose lands the same is to be constructed. They shall take releases of rights of way for the construction of such ditch or ditches from the landowners and file same with the clerk, who shall record them. If the commissioners shall not be able to agree with any landowner as to the amount of damages such owner should receive for the right of way over which such ditch or other improvements or work shall be constructed, the commissioners shall appraise the said lands needed for said purposes and proceed as directed in Section 51-31-57. Should it be necessary for the successful prosecution of the work for an outlet or outlets to be obtained outside of the boundaries of the district, then the commissioners are authorized to obtain the same by contract with the interested parties or by eminent domain proceedings, on the approval of the chancery court or chancellor.

Miss. Code Ann. § 51-31-57 Notice of appraisement by commissioners.

When the commissioners shall have made their appraisement of the land taken or to be taken, they shall certify the same and file it with the clerk of the chancery court of the county in which the land lies, and if the proceedings be in another county, also with said clerk in the county where the proceedings are had. The clerk shall thereupon set down and fix a time for the hearing of objections to such appraisement, at the request of the commissioners, to be heard by the chancery court or the chancellor in vacation. The clerk shall issue a summons directed to the sheriff of the county or counties of this state in which any landowner or other person interested may reside, commanding him to summon such owner or owners or other interested person to be and appear at the time and place named. If the owner of any land sought to be taken be an infant or person of unsound mind, the summons may be executed on his guardian; and the guardian in such cases is authorized, subject to the approval of the chancellor in term time 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 be no guardian in such case, the chancellor in vacation may, on application of any one 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. If the owner of such land be a nonresident of the state or cannot be found, or if the owner be 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 had on 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 belong to a deceased person whose estate is being administered, the summons may be served on the executor or administrator, who shall, for all purposes of this chapter, be authorized to act for the owner, and he 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 and through which the ditches of the district are to run; it 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 it shall further contain a list of the land, described by section numbers, belonging to such nonresident owners and through which the ditches of the district are to run. If any owner is not satisfied with the amount allowed by the commissioners for land taken by reason of the construction of such proposed system according to the plans of said district, he shall file written objections thereto on or before the day named in the summons or notice.

Miss. Code Ann. § 51-31-59 Appraisement hearing.

If on the hearing by the court or chancellor in vacation no written objections are filed, a decree confirming the appraisement shall be rendered. Upon payment of said amount to the chancery clerk for the party entitled thereto, the district may enter upon and take possession of said property and appropriate it to the use of said district; and the title to the easement thereof and thereover shall thereupon vest in said district. The clerk shall receipt upon said decree for the money paid, and said decree with the receipt of the clerk thereon shall be recorded in the records of deeds of the county in which the land lies. If written objections are filed on or before the time set for the hearing, the court or chancellor in vacation shall proceed to hear the objections filed and, on demand of the party making said objections, shall empanel a jury to determine the value of the land taken and the damage due the objector. No decree pro confesso shall be entered against an owner or person interested residing in this state unless it appear that he has been duly served with summons at least two days prior to the return-day, and no decree pro confesso shall be rendered against any nonresident or unknown owner or person interested unless proper publication has been made. 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 in severalty, 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 alterations in the appraisement as may be deemed just and equitable, by raising or lowering any appraisement; and payment of such amount fixed by the decree shall be made to the chancery clerk as hereinbefore provided. Said clerk shall receipt for same on the decree, and such decree with receipt thereon shall be recorded.

Miss. Code Ann. § 51-31-61 Levy to provide estimated funds.

Upon the organization of said districts as herein provided, and as soon as said drainage commissioners have proceeded to procure the rights-of-way, either by agreement or condemnation, for ditches or canals, both main and lateral, or for the erection of levees, and the right-of-way to enter upon, alter, deepen, or improve natural drains or watercourses, they shall make an estimate of the cost, including commissioner’s fees and expenses of said proposed work, or if said estimate has been made it shall be revised and approved. Said commissioners shall file a levy certifying the amount required by them for the construction of such proposed work, and may in said levy order that so much of the benefits or betterments assessed against the lands in such district as will be necessary to defray the costs of said work, to be paid in cash; or said commissioners may in said levy order that the same be paid in not exceeding forty (40) installments, with interest on each installment at a rate of interest not to exceed six percent (6%) per annum. Or, the said commissioners may order in said levy that bonds of said district shall be issued and sold for any amount not exceeding eighty percent (80%) of the assessed value of the benefits or betterments. Said bonds shall be payable in from one (1) to forty (40) years from the date issued, with interest from the date issued at an overall maximum interest rate to maturity not greater than that allowed in Section 75-17-101, payable annually or semiannually, as the court or chancellor in vacation may direct; and it shall be lawful to attach coupons for any part of a year to the bonds maturing the first year. If bonds are thus issued and sold for an amount not exceeding eighty percent (80%) of the value of said betterments, the said commissioners may order the remaining twenty percent (20%), or any part thereof, to be paid in cash at its discretion. If the amounts levied be not sufficient to complete the work done or hereafter to be done, or if bonds are issued and sold for an amount less than eighty percent (80%) of the value of the assessed benefits and additional funds are required to complete the work or pay for work theretofore done, an additional levy may be made or an additional issue of bonds may be made, provided the additional levy, when added to the original levy, shall not exceed the amount of betterments assessed, or that the additional bond issue shall not be for an amount which, added to the original bond issue, shall exceed eighty percent (80%) of the assessed value of the betterment. Such additional levy shall be made payable in cash or in not exceeding fifteen (15) installments, each installment bearing interest at a rate not exceeding six percent (6%) per annum. 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. § 51-31-63 Tax levied to meet assessment.

On or before the first Monday of September of each year, the drainage commissioners shall levy a tax on the amount of the original or supplemental assessment of benefits, which shall be in the same proportion as the installment authorized and directed by the court to become due that year, and shall certify their levy to the board of supervisors of the county in which the land lies. It shall thereupon become and be the duty of the said board or boards of supervisors to make a levy in accordance with such assessment sufficient to meet the bond obligations issued by the drainage commissioners and the interest accruing thereon, with ten per cent of the amount of such annual payment added for contingent expenses and liabilities in accordance with the decree of the chancellor. The ten per cent additional levy herein provided may be omitted in any one year when it shall appear that the contingent expense fund on hand exceeds twenty per cent of the total amount of bond and interest obligations falling due during the fiscal year. The said levy shall be apportioned and levied on each tract of land or other property in the district in proportion to the benefits assessed, and not in excess thereof. As soon as said levy is made, the secretary of the commissioners, at the expense of the district, shall prepare an assessment record of the district. It shall be a copy of the “assessment roll” provided above, and may contain any number of columns therein in which may be inscribed the levy made each year. He shall place therein the amount of the levy for the year, including interest accruing on the unpaid installments, and the said record shall be certified by the board of drainage commissioners, attested by the seal of the district, and filed with the tax collector of the county in which the land is located. The said secretary shall make a copy for each county in which the lands of the district may be situated, but only the lands situated in such county need be inscribed therein. At the time of confirming such assessment as herein provided, it shall be competent for the court or chancellor in vacation in such order to provide for all details connected with the fixing of the date, form, maturity, and amounts of any and all bonds that are ordered to be issued, and the fixing of the installments for the payment of such bonds. The court or chancellor in vacation may take the matter of such details under advisement for such further orders and decrees in vacation as may be necessary or advisable to perfect the details of same.

Miss. Code Ann. § 51-31-65 Levy each year to meet bond obligations.

It shall be the duty of the board of supervisors of each county in which land is located, on the recommendation of the drainage commissioners, to make a levy each year on the lands lying in their respective counties in accordance with such assessments and levies sufficient to meet bond obligations of any district issued by authority of law.

Miss. Code Ann. § 51-31-67 Reassessments in case of underestimates.

If the court, chancellor, or drainage commissioners have underestimated the amount or the costs of work necessary for any district, then on the recommendation of the commissioners, the court or chancellor may order such additional work done or such additional costs paid and may, with the approval of the commissioners and on their recommendation, reassess the several properties of the district in proportion to the benefits to accrue to such respective properties. In such case the commissioners shall report the facts as they are required to report the benefits and assessments in the first instance, and the court or chancellor shall hear their report and all objections thereto on the same notice to the parties interested as in the first instance of approving assessments and benefits. Appeal shall lie from decree as in the first instance, and they shall be final only as decrees are final in the first instance.

Miss. Code Ann. § 51-31-69 Sale of district bonds.

In case the drainage district shall issue bonds for any part of the money levied for the purpose of the district as hereinabove authorized, said bonds may be sold upon the market to the best advantage but shall not be sold for less than par value, unless a sale below par be approved by the chancellor and the commissioners. The whole amount realized from the sale of such bonds shall be deposited in the treasury of said district.

Miss. Code Ann. § 51-31-71 Contracts let to lowest bidder.

After the organization of any drainage district under this chapter, and after the confirmation of the assessment as in this chapter provided, and after laying out a system of main drains for said drainage district, the said commissioners shall advertise for bids for the construction of said ditches by publishing a notice for three weeks in some newspaper in the county in which such district is organized, stating the time when and place where they will receive bids for the construction of such work. The time fixed for receiving and opening said bids shall not be less than twenty-two days from the time of the first publication. Said notice shall specify the kind and nature of the work to be done, the amount thereof as estimated by the engineer, and in what manner payment thereof will be made. They shall meet at the time and place designated in said notice and open said bids, and said contracts shall be let to the lowest responsible bidder. The said commissioners shall have the right to reject any and all bids if they deem that the same are too high, and may adjourn said letting to a future time and continue said advertisement until that time. The commissioners shall take and file a certificate of publication of such notice with the clerk; and upon the acceptance of any bid for the construction of any work, they shall require said bidder to enter into contract with them for the faithful performance of said work according to the plans, specifications, profile, and estimates of the engineer, and require said contractor to enter into bonds for the faithful performance of said work within the time and in the manner specified in said contract.

Miss. Code Ann. § 51-31-73 Commissioners to construct and maintain drains.

The commissioners may, after the organization of said district, do any and all acts that may be necessary in and about the surveying, laying out, constructing, repairing, altering, enlarging, cleaning, protecting, and maintaining any drain or ditch or other work for which they have been appointed. They and their successors shall have charge of said ditch in perpetuity, and shall annually see that the same is cleaned out and all obstructions, brush, willow, or other growth removed therefrom, to the end that said ditches shall be kept thoroughly cleaned and in good repair so as to perfectly drain said lands. For those purposes, the commissioners may borrow money in anticipation of the collection of already levied taxes not to exceed in any one (1) fiscal year one percent (1%) of the amount of the benefits assessed against all of the real property in the district, at an overall maximum interest rate to maturity not greater than that allowed in Section 75-17-105. They may issue in evidence thereof tax anticipation warrants, which warrants shall be paid solely and only out of the first funds collected from taxes levied prior to the borrowing of such funds and issuance of such warrants; and they may make additional assessments from time to time, as necessity may require, to pay for the expense of maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district. The additional assessment for maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district shall be made by the commissioners in the following manner: on or before the first Monday in September of each year the drainage commissioners shall assess on each tract of land or other property in the district, in proportion to the original and supplemental benefits assessed for construction, such an amount as is necessary to pay the expense of maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district, and shall certify their assessment to the board of supervisors of the county in which the land lies; and it shall thereupon become and be the duty of the board of supervisors to levy a tax in accordance with such assessment sufficient to meet said expense of maintaining, clearing out, and keeping in repair the ditches of said district. The said tax levied shall be apportioned to and levied on each tract of land or other property in said district in proportion to the original and supplemental benefits assessed for construction, or as otherwise provided by law. As soon as the said tax levy is made, the secretary of the commission, at the expense of the district, shall prepare an assessment record of the district, which may contain any number of columns therein, in which may be inscribed the tax levied each year. He shall place therein the amount of the levy for the year, and the said record shall be certified by the commissioners, attested by the seal of the district, and filed with the tax collector of the county in which the land is located. The said secretary shall make a copy for each county in which any lands of the district may be situated, but only the lands situated in the county need be inscribed therein. Any person aggrieved at the action of the board of supervisors in levying the tax herein provided shall have the same right of appeal as is provided by law for appealing from the action of said board in levying county taxes. All taxes hereunder assessed and levied shall be collected at the same time and in the same manner as are state and county taxes, and the same penalties shall accrue for the nonpayment thereof as for nonpayment of state and county taxes. In the event a drainage ditch shall be totally destroyed by the construction of public levees, the drainage district commissioners shall strike the land affected by such destruction from the assessment rolls of the district; but such action shall in no way affect the lien of the bondholders of the district upon such land.

Miss. Code Ann. § 51-31-75 Lateral ditches to be laid out.

After the construction of said system of main ditches for said drainage district, all landowners in said district may construct branch or lateral drains, either open or tile, leading into said ditches and thereby drain their respective lands into said main outlet. In case any two or more landowners desiring to construct a branch or lateral ditch or drain to drain their lands cannot agree upon the just proportion to be borne by each, any one of them may petition the commissioners to lay out a branch ditch leading to and draining their lands; and the commissioners may proceed to lay out the same by giving notice and making assessments on the land in said subdistrict in the same manner in which they are herein required to give for the organization of the main district and assessment of the property benefited thereby.

Miss. Code Ann. § 51-31-77 Actual damages recoverable.

In case any damages shall be allowed to any landowner for the construction of ditches across his said lands, actual damages shall be allowed. Such damages shall be paid in cash by giving to the party entitled thereto an order for the amount thereof on said district treasurer, who shall pay the same on presentation.

Miss. Code Ann. § 51-31-79 Jurisdiction of drainage commissioners.

Where the lands of any drainage district lie in two or more counties of this state, the county drainage commissioners of the county in which the greatest or greater number of acres of land lies, and in which the suit is brought for the organization of the drainage district, shall have jurisdiction as county drainage commissioners under the chancellor or chancery court of the entire drainage district the same as if the entire drainage district lay in the county of their selection. In reporting to the board of supervisors levies of taxes to be made by the board for the payment of bonds and other obligations of the district, the county drainage commissioners having jurisdiction over such drainage district shall make report to the board of supervisors of each county in which any of the lands of the drainage district lie, showing all the lands and assessments thereon lying in such county. The board of supervisors of the county in which such lands lie shall make the required levies, and the tax collectors of the counties in which the lands lie shall collect the taxes thus levied and account to the treasurer of the drainage district therefor, as in other cases.

Miss. Code Ann. § 51-31-81 Annual reports.

At the end of the fiscal year after the organization of said drainage district and annually thereafter, the said commissioners shall make a report showing the amount of money levied for main district purposes, the amount of orders issued, the purposes for which issued, to whom payable, the amount of money on hand, and the amounts levied and expended for each and every subdistrict or lateral drain laid out and established by them. If at any time it shall appear that there is not sufficient funds to pay for any work done or contemplated, the commissioners may make a levy for the amount required to finish paying for the work already done or to perform the contemplated work; if any landowner shall feel aggrieved at any such assessments, he may have the right to appear in said court and file his objections to such additional levies for repairs and improvements, and the court shall hear and determine the same as justice and equity shall require.

Miss. Code Ann. § 51-31-83 Commissioners may go on lands.

The commissioners, from the time such petitions to organize a district are referred to them by the court or chancellor in vacation, shall have the right and authority to go upon any and all of the lands lying within said district for the purpose of examining the same and making plans, surveys, profiles, and estimates of the kind, character, and cost of said proposed system of drains, and may go upon said lands at any time for the purpose of removing obstructions, cleaning out, and keeping in repair the said ditches. No landowner shall have any power or authority to prevent, hinder, or delay the commissioners in the discharge of their lawful duties in that behalf; and in case such landowner or any other person shall undertake to interfere with, hinder, obstruct, or delay the commissioners in the discharge of their duties, the said commissioners or either of them may file his or their complaint in the chancery court or before the chancellor in vacation. Thereupon said court or chancellor shall cite said party to appear and show cause, if any he has, why he should not be fined for said hindrance or obstruction, and the court or chancellor may fine such party not exceeding twenty-five dollars ($25.00) per day for every day’s hindrance caused by him to said commissioners, as for a contempt of the chancery court.

Miss. Code Ann. § 51-31-85 Ditches already constructed may be used.

In laying out such proposed work and drains and ditches, the commissioners shall have the right to take and use any ditches heretofore constructed in any part of said district by any landowner owning the same. If any such ditches existing prior to the organization of such district shall be of any value to the said district, the said commissioners shall have the power to allow the said landowner reasonable compensation for the value thereof, which shall be put down on the assessment roll as a credit for ditches already constructed.

Miss. Code Ann. § 51-31-87 Compensation for use of other district drains.

After the organization of any drainage district under this chapter or after the filing of a petition to organize any such district, if any other or different drainage district lying adjacent to or above said proposed drainage district, or any district not heretofore organized shall be organized and drain the water from their ditches into the ditches or drains of the said lower drainage district from the lands lying above or adjacent and draining into the said drainage district so organized or petitioned for, the commissioners of such lower district shall ask, demand, and receive from said upper district or adjacent district just compensation for an outlet for the waters of said upper or adjacent district. In case said commissioners of the two districts cannot agree upon the amount to be paid by such district, then the same shall be submitted by petition to the chancery court or chancellor in vacation having jurisdiction of the lower district. Said court or chancellor shall hear the petition on proper notice and shall apportion the cost or amount to be paid, if any, by such upper or adjacent district. This section shall apply to all natural drains which may have been heretofore or which shall hereafter be improved, cleaned out, dredged, and used as a drainage canal or main outlet for any drainage district.

Miss. Code Ann. § 51-31-89 Passing railroads with canal.

If in the organization of any drainage district and thereafter in the construction of ditches, drains, or other improvements, it shall be necessary to cross under or through any railroad or the right of way thereof, the same may be accomplished in the following manner: Upon filing of the report of the commissioners as to assessments and benefits and damages, they shall make a special report showing the proposed plans, manner, and character of the work as proposed in passing through such right of way, together with an estimate of the costs of same, including all damages that will be sustained by the railroad by virtue of the construction of the proposed work; and upon the hearing of such commissioner’s report, it shall be the duty of said railroad company to appear and show cause why said report should not be confirmed, as other parties interested are required to appear and on the same notice. In such showing it shall be the duty of the railroad company to file with the court, on or before the time set for the hearing, its estimate of the costs of the proposed work, including all damage that will be sustained by it by doing the proposed work. The court or chancellor in vacation shall determine the amount of such costs and damages to the railroad, and said finding shall be final and conclusive adjudication of such matters, unless appealed from in the manner provided for appeals under this chapter. The prosecution of an appeal shall not prevent the drainage commissioners constructing the work as proposed through the railroad right of way, whenever in their discretion it is necessary to do said work. Before beginning the construction of such work through such right of way, the drainage commissioners shall pay to the railroad company, or the chancery clerk for it, the amount of damages adjudicated against the district in the decree appealed from.

Miss. Code Ann. § 51-31-91 Notice and damages.

When it shall become necessary, in the course of the construction of the work being done by the drainage commissioners, to pass through said right of way in the manner and according to plans theretofore filed as above provided, it shall be the duty of the drainage commissioners to give notice in writing to said railroad company of its desire to cross said right of way with its construction work on some approximate date, which shall not be less than sixty days from the date of such notice. Said notice shall be served upon any agent or employee of said railroad company upon whom, under the laws of the state, service of process may be had; and the commissioners shall at the same time pay or tender to said railroad company such costs and damages as may have been adjudged against the drainage district, as hereinbefore provided. It shall thereupon be the duty of the railroad company within a reasonable time to complete such construction work across its right of way, according to the aforesaid plans and specifications under the supervision of the engineer employed by said drainage commissioners, or to permit same to be done by the drainage commissioners. Should the railroad company fail, neglect, or refuse to do and perform in good faith said work within the time fixed by said drainage commissioners for the performance thereof, or to permit same to be done, it shall be liable to the drainage district and all persons for any damage it or they may sustain by reason of such failure, and said railroad company may be compelled to perform such work by mandatory injunction issued at the instance of the drainage commissioners. This section shall not be so construed as to prohibit the drainage commissioners from acquiring such right of way by the regular eminent domain proceeding if they so elect, or as otherwise provided in this chapter.

Miss. Code Ann. § 51-31-93 Railroad may be assessed for benefits.

If, in the organization of any drainage district under this chapter, it shall appear that any railroad company will be benefited by the construction of the proposed work, the drainage commissioners shall have the right to assess the said railroad such amount as they may deem said railroad or railroad company benefited. Said assessment shall be made at the time of assessing the lands of said district, and said railroads shall have the right to appear and make objections as land owners in said district at the time of hearing objections to such assessments. In determining the amount of such benefits, the court or chancellor in vacation may take into consideration the improvements that might be made by said railroad of a permanent character, and the increased revenue to be gained by the improvement of the lands in said district for agriculture and sanitation, if any can be shown by the construction of such proposed work.

Miss. Code Ann. § 51-31-95 Drain may cross public road.

If in the construction of such ditches the same shall cross any public road, it shall be the duty of the drainage commissioners to notify the board of supervisors of such county in which such public road is located, at some regular meeting of said board held prior to a day which is thirty days next before the time fixed in such notice for the time at which the proposed work shall be constructed across said public road, stating in such notice the width and depth of such proposed work. It shall be the duty of the board of supervisors to cause to be removed and constructed, at the expense of the county, all bridges necessary to be removed or constructed, same to be done at such time as is reasonable, with a view to the convenience of the public and without unreasonable delay to the prosecution of such work. Contracts may be made by the board of supervisors for such removal and construction of such bridge or bridges, without first advertising for bids where the cost of any one bridge does not exceed one hundred dollars.

Miss. Code Ann. § 51-31-97 Landowners outside of district may use drains.

If the owner or owners of any lands lying outside of a drainage district have made or shall hereafter make connection with the main ditch or drain or with any branch or lateral ditch or drain within the district, or if any such land is drained into the ditches and drains of a drainage district by ditches or drains constructed either before or after the organization of such drainage district, and if in either case the lands outside of such drainage district are benefited by the work done in such drainage district, the owner or owners shall be deemed to have made voluntary application to be included in such drainage district. Thereupon, the commissioners shall make a complaint in writing, stating the description of such land or lands benefited, the amount of benefits, the name of the owner or owners thereof, and the description of the drain or ditch making connection with the ditches as near as may be, and file said complaint in the chancery court where said district was organized. Said court or chancellor in vacation shall fix a day, not less than twenty-five days from the filing of the petition, when it shall hear such complaint; and thereupon the clerk of said court shall give each of the landowners notice of said proceedings by mailing each of them notice of said complaint to their post-office addresses not less than ten days prior to the date for said hearing, or personal service may be served on each of them as provided in ordinary suits not less than five days prior to the date of the hearing. On the hearing of the complaint and the issues joined, if any, if the court or chancellor finds the allegations in the complaint true, it shall decree that such lands, or such parts thereof as are benefited, be joined to said district petitioning. Such lands shall thereafter be a part of said petitioning district lands and shall be assessed and dealt with accordingly. Benefits, damages, and assessments may thereafter be made against such added lands on the same notice and under the same proceedings as against lands in the district originally, and said added lands shall be made to appear on the assessment rolls of the district as other lands of the district.

Miss. Code Ann. § 51-31-99 Reassessment if estimate deficient.

If, after the first assessment of benefits, which it is estimated will result from the proposed drainage scheme, has been made it develops that on account of additional work done or to be done the benefits to the whole or any part of the district is or will be greater than was originally assessed, the commissioners may proceed to reassess and apportion the benefits so as to correct the same to conform to the benefits to be received. However, the aggregate value of benefits so assessed shall in no event be less than the original assessment. Such additional assessment shall be made in the same manner, under the same requirements, and upon the same notice as is provided for making the original assessment.

Miss. Code Ann. § 51-31-101 Penalty for injuring drains.

Any person who shall wrongfully or purposely fill up, cut, injure, destroy, or in any manner injure or impair the usefulness of any drain, ditch, or other work constructed under drainage laws shall be guilty of a misdemeanor, may be fined in any sum not exceeding one hundred dollars ($100.00), and shall be liable for double the expense occasioned by repairing the same or removing such obstruction, to be recovered at the suit of the proper drainage district.

Miss. Code Ann. § 51-31-103 Benefit to county farm.

Where a county farm owned by any county lies within any drainage district and would be benefited thereby, the board of supervisors are authorized in their discretion to pay out of the general county fund the pro rata of tax for which such county lands should be taxed if owned by individuals.

Miss. Code Ann. § 51-31-105 Jurisdiction of suits.

The proper chancery court of the county of the defendant district being sued shall have jurisdiction of all suits brought against such district, and between drainage districts suing unless otherwise provided. The chancery court organizing a drainage district shall have exclusive jurisdiction of all suits brought against such district, unless otherwise herein provided.

Miss. Code Ann. § 51-31-107 Master may hear and determine causes; report of findings to chancellor.

The chancellor shall have the power to appoint a master as provided by the Mississippi Rules of Civil Procedure to hear and determine any and all matters which, under the provisions of this chapter or any act amendatory thereof, it is the duty of the chancellor to hear and determine. The master shall report his findings to the chancellor for confirmation, such findings to be subject to exceptions in the same manner as other reports of masters are now subject to exceptions, and such masters may continue any such hearings from time to time as the chancellor may do. Said reports may be confirmed at any time and place which may have been designated in the order of reference without further notice.

Miss. Code Ann. § 51-31-109 Expenses of chancellor and master taxed against district.

The chancellor or any master appointed by the chancellor shall be entitled to receive and shall tax against the drainage district, as a part of the costs, all expenses incurred by the chancellor or master on account of hearing, considering, and determining any and all matters connected with the organization of such drainage district. In addition to receiving his traveling and other expenses, the master shall receive such additional compensation as shall be allowed him by the chancellor.

Miss. Code Ann. § 51-31-111 Additional bond issue.

The drainage commissioners of any county in which a drainage district has been organized and who have sold bonds for 80% of the assessment on the lands in such district, and who have provided for the collection of the remaining twenty per cent of the assessment on the lands in such district in cash within not less than four months, are authorized to issue and sell the bonds, notes, or other objects of indebtedness of the drainage district for the twenty per cent, or any part thereof, which was provided to have been paid in cash and which has not yet been paid.

Miss. Code Ann. § 51-31-113 Interest rate of additional bonds.

The bonds, notes, or other objects of indebtedness issued under the provisions of Section 51-31-111 shall bear interest not exceeding 6% per annum and shall be non-taxable.

Miss. Code Ann. § 51-31-115 Notice of issue to be published.

Before the sale of any such bonds, notes, or other objects of indebtedness provided for in Sections 51-31-111 and 51-31-113, the drainage commissioners shall publish notice to all parties interested for at least ten days of their intention to issue said additional bonds. Any time after the expiration of the ten days from the action of the chancellor in approving the action of the commissioners in the issuance of such bonds, notes, or evidence of indebtedness, and after ten days from the entry of the order of the chancellor, made in term time or vacation, approving the action of the commissioners in issuing such bonds, notes, or other evidences of indebtedness, any bonds, notes, or other evidences of indebtedness issued and sold by the commissioners shall be a lien on the lands assessed in the drainage district and shall be non-contestable.

Miss. Code Ann. § 51-31-117 Proceedings in rem.

All proceedings under this chapter are declared to be proceedings in rem. The notices for the organization of a drainage district hereunder and all subsequent notices herein provided for shall be sufficient as notices for the purposes stated, the organization of a district, and the issuance of district bonds as herein provided. The failure of the clerk to send a copy of any notice by registered mail to any nonresident, whose residence is known or unknown, shall not invalidate the proceedings for the organization of any drainage district hereunder or of bonds of the district issued under same; but the court or chancellor in vacation may adjourn the hearing of any case in order to cause other notice to be made, if in his discretion he thinks proper, in order to comply with the requirements of this chapter.

Miss. Code Ann. § 51-31-119 Subdrainage districts authorized.

When one 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 a proposed subdrainage district, composed of lands wholly within a drainage district or partly within and partly without such drainage district, shall petition the chancery court, or chancellor in vacation, and shall file a good bond to pay for the expense of the survey of the proposed subdrainage district in case the district is not formed, the said court or the chancellor in vacation shall enter an order directing the drainage commissioners of the county to cause a survey to be made and to ascertain the limits of the region which would be benefited by a proposed system of improvements, giving a general idea of its character, and the estimated costs of drainage, and making such suggestions as to the size of the drainage ditches and their location as the drainage commissioners may deem advisable. They shall file their report with the clerk of the chancery court of the county in which the greater portion of the territory proposed to be included in said subdrainage district is situate.

Miss. Code Ann. § 51-31-121 Notice of subdistrict proceedings.

Upon the filing of said report with the clerk, he shall make an entry to that effect upon the minutes of said court and shall set down and fix the term of court next thereafter convening, or shall set down and fix a day in vacation, as he may deem best, when the court or the chancellor in vacation shall hear said matter. The clerk shall thereupon give notice by publication for two weeks, by two insertions in some newspaper published in the county in which the greater part of the land lies, notifying all persons interested to appear at the term of court or day set in vacation and show cause, if any, why said subdistrict should not be organized or bonds be issued to pay for said work. However, the day set for hearing shall not be more than sixty days after the first of said notices is published. The said notice by publication shall be full and complete notice to any and all persons interested, and shall confer full and complete power and authority upon the court or chancellor in vacation to act in said matter.

Miss. Code Ann. § 51-31-123 Creation of subdistrict.

At the time so appointed by the clerk, the court or chancellor in vacation shall hear the said matter and the objections, if any, of any person or firm interested. If the court or chancellor in vacation shall find that said subdrainage district will conduce to the public benefit and that the same should be organized, the court or chancellor in vacation will enter an order to that effect. Nothing in this section shall be construed so as to prohibit the formation and organization of a drainage district wholly or partly within a drainage district already organized. A district independent of the district already organized may be organized where a part or all of the lands are in the district already organized, provided that the petition of the landowners is presented as heretofore specified and asks that said court or chancellor in vacation constitute them a drainage district under the terms of Sections 51-31-119 through 51-31-127, and that the notice set out in Section 51-31-121 has been given. Thereafter proceedings shall be had substantially in conformity with this chapter for the creation of an original drainage district hereunder. When such a subdrainage district is organized as herein provided, it shall have all the rights, privileges and powers of any other district and shall have full power to make and levy assessments, issue bonds independent of any other district, and do all other things now provided by law for the formation and organization of a drainage district under this chapter. When any such district is organized, the several parcels of land thereof that are included within the corporate limits of the original drainage district shall still be liable to the district already organized for all assessments of benefits theretofore made or to an assessment of benefits thereafter levied, if any, or received by them; and in like manner shall receive credit for any work done which is a benefit to the district already organized.

Miss. Code Ann. § 51-31-125 Subdistricts managed by drainage commissioners.

When a subdrainage district has been established as hereinbefore provided, the county drainage commissioners shall be the commissioners of said subdrainage district; and proceedings to organize subdrainage districts and to do improvements therein shall conform substantially to the provision of this chapter with reference to the organization, doing the improvements, and operating other drainage districts authorized by this chapter. Said commissioners are empowered and authorized to issue bonds of such subdrainage districts, and such bonds shall be so designated. The same proceedings, or as near as practicable the same, shall be had in the issuance of bonds of a subdrainage district as are required in the issuance of bonds of the drainage district in the first instance, as provided in this chapter. The proceeds from the sale of bonds of a subdrainage district shall be applied and used exclusively for doing the work within or for the exclusive benefit of said subdrainage district for the construction of internal drains of said subdrainage district, and in carrying out and perfecting its internal drains.

Miss. Code Ann. § 51-31-127 Separate financial account kept for subdrainage district.

The drainage commissioners and the treasurer of the main drainage district shall keep a separate account of all funds and expenses and payments of a subdrainage district, so that at any time the account will show the exact financial condition of such subdrainage district, both as to receipts and disbursements.

Miss. Code Ann. § 51-31-129 Collection of taxes.

All taxes levied under the terms of any drainage law of the State of Mississippi shall be payable at the same time the state and county taxes are payable, and if any taxes so levied under this chapter are not paid at maturity, the tax collector of the county where the land is situated shall, after having advertised said lands for sale for the same length of time and in the same manner as land delinquent for state and county taxes are now required to be advertised, sell the lands so delinquent for taxes thereon, together with all costs and five per centum damages on the amount of taxes for which the land was sold. Said sale shall be separate and distinct from all other sales for taxes, but shall be held at the same place and time where sales of delinquent lands for state and county taxes are held.

Miss. Code Ann. § 51-31-131 Delinquent lands.

When lands are offered for sale for unpaid drainage district taxes and no person will bid therefor the amount of taxes, damages, and costs due, the same shall be struck off to the drainage district wherein the land lies, and otherwise dealt with as lands which are sold to the state for delinquent state and county taxes. The drainage commissioners shall be authorized to pay the state and county taxes on lands thus acquired by it, to redeem the same from state and county tax sales, and to collect the money thus paid with the same damage and interest allowed individuals in similar cases under the general revenue laws of the state therein from the date of such payment, upon the redemption of lands from the drainage district sale.

Miss. Code Ann. § 51-31-133 Tax lists.

The lists of lands sold by the tax collector to individuals and to the drainage district shall be made as required to be made by the state and county collector for state and county lands, and shall be filed with the clerk of the chancery court within ten days after the tax sale. Each shall have the same force and effect, confer the same rights, and be entitled to the same remedies for redemption and otherwise as lists made for delinquent taxes by the state and county collector for state and county lands. But such title shall be subject to a title acquired under a sale for state and county taxes.

Miss. Code Ann. § 51-31-135 Record of tax sales.

A list of conveyances of lands sold to drainage districts for drainage district tax or to individuals shall be recorded in a well-bound and indexed book, which shall be kept in the office of the chancery clerk of the county in which said drainage district is located. It shall be the same book in which other tax sales to individuals are recorded, and shall have the same effect as notice.

Miss. Code Ann. § 51-31-137 Expiration of redemption period.

After two years’ time for redemption has expired, the drainage district commissioners may take possession of land sold to the district for said district, and lease or sell any lands which it has acquired at tax sale to any person in the manner that the said commissioners may think is to the best interests of the district.

Miss. Code Ann. § 51-31-139 District placed under supervisors.

On petition of one third of the landowners owning one half of the land or one half of the landowners owning one third of the land located in any drainage district, the chancery court, if it be satisfied that the petition contains the percentage of the landowners as outlined above, shall set a date and place for a hearing on the matter and order notice given of the time and the place of said hearing, the same to be set in vacation or term time according to the order of the chancellor. The notice shall be given by three weeks’ publication in a newspaper published or having general circulation in the county where the drainage district is located, and shall be directed substantially to the landowners, lienholders, bondholders, and all others interested in the drainage district referred to. Said notice shall be complete on the publication of the same in the said newspaper for three consecutive weekly issues, the first notice to be at least three weeks before the date of hearing. At the time and place fixed for the hearing or at any other time or place to which the same shall have been lawfully postponed by the chancellor, the said chancery court, if satisfied that the aforesaid conditions have been fulfilled and that all projects of said drainage district have been completed, shall transfer all the duties, power, and authority of any drainage commission or drainage commissioners of any drainage district lying wholly within one county, and impose the same upon the board of supervisors of the county in which the particular drainage district lies. The board of supervisors of the county in which any such completed drainage project lies shall have charge of maintenance, repair, and upkeep of such completed construction project and shall make report of same annually to the chancery court of the county, but no additional compensation shall be allowed the board of supervisors for the discharge of services hereby imposed. It is provided that on the making of the order of transfer, as above outlined, the compensation and authority of any drainage commissioner or set of drainage commissioners regarding any such drainage district, as above outlined, shall immediately cease on the signing of the decree of transfer above provided for. It is distinctly provided that this section shall not apply in any manner whatsoever to drainage districts lying in two or more counties of the state.

Miss. Code Ann. § 51-31-141 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 landholders 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. § 51-31-143 Drainage law construed.

This chapter shall be liberally construed to promote the ditching, drainage, and reclamation of wet, swampy, and overflowed lands. The collection of assessments shall not be defeated by reason of any omission, imperfection, or defect in the organization of any district or in any proceedings occurring prior to the decree of the court confirming assessment of benefits and damages; but said decree 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 court or chancellor in vacation. The court or chancellor shall set such time for hearing any and all objections that said landowner may have to such proceedings and assessment, may make such order in reference thereto as justice may require, and shall assess to such landowner his just proportion of the benefits received by him by such proposed work. Thereupon such assessment as to such landowner shall be conclusive.

Source: Public.Resource.Org MS CodeURL: https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.51.htmlFetched: 6/9/2026