reglab/housing_qa huggingface dataset:
MS Code § 51-31-5 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-7 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-9 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-11 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-13 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-15 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-17 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-19 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-21 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-23 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-25 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-27 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-31 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-33 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-35 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-37 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-39 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.
MS Code § 51-31-41 (2020)
2020 Mississippi Code|Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control|Chapter 31 - Drainage Districts with County Commissioners|§ 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.