reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-55 - Duties of tax collector

In making a settlement with the treasurer, the tax collector of each county shall pay the amount due the drainage district over to a drainage depository in his county, if there be one in his county; otherwise he shall pay the same to the drainage treasurer. The tax collector in making deposits shall receive triplicate receipts for the same and mail the depository of the funds of the district and the treasurer of said drainage district each a copy thereof. The treasurer shall issue his official receipt for such deposit, if such depository shall have been legally qualified to receive such deposit.
Codes, Hemingway's 1917, § 4455; 1930, § 4474; 1942, § 4700; Laws, 1912, ch. 195; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-57 - New tax levy in case of deficiency

If the tax first levied shall prove insufficient to complete the improvement, the commissioners shall report the amount of the deficiency to the board of supervisors, and the board of supervisors shall thereupon make another levy on the property previously assessed for a sum sufficient to complete the improvement, which shall be collected in the same manner as the first levy. When any work has been begun under the provisions of this chapter, which shall not be completed and paid for out of the first or other levy, it shall be the duty of the board of supervisors to make such levy for its completion, and from year to year until it is completed, provided that the total levy shall in no case exceed the value of the benefits assessed on said property. The performance of such duty may be enforced by mandamus at the instance of any person or board interested.
Codes, Hemingway's 1917, § 4456; 1930, § 4475; 1942, § 4701; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-59 - Construction contracts

(1)
The board of commissioners herein mentioned shall have control of the construction of the improvements in their districts. They may make purchases and contracts in accordance with Section
31-7-13
.
(2)
The chancery court or chancellor in vacation may remove any commissioner and appoint his successor, upon proof of incompetency or neglect of duty; but the charge shall be in writing, and such commissioner shall have the right to be heard in his defense and to appeal to the circuit court.
Codes, Hemingway's 1917, § 4457; 1930, § 4476; 1942, § 4702; Laws, 1912, ch. 195; Laws, 1970, ch. 273, § 1; Laws, 2004, ch. 401, § 1, eff. 4/22/2004.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-61 - Contractors to give bond

All contractors shall be required to give a performance bond and a payment bond, which may be in one or in separate instruments, for the faithful performance of such contract as may be awarded them, with good and sufficient sureties in amounts to be fixed by the board of commissioners; and the board of commissioners shall not remit or excuse the penalty or forfeiture of said bond or bonds or the breaches thereof. The board of commissioners may appoint all necessary agents for carrying on the work and may fix their pay. They may buy all necessary material and implements as may be on hand and which may be necessary for the completion of the improvements under way, or which have been completed; and may in general, make all such contracts in the prosecution of the work as may best serve the public interest. It shall be the duty of the board of commissioners to have the amount of any work done by the contractor estimated from time to time, as may be desirable, by the engineer selected by the board of commissioners; and said board shall draw its warrants in favor of the contractor for not more than ninety per cent (90%) of the work so reported, reserving the remainder until it has been ascertained that the work has been completed according to contract, and is free from liens.
Codes, Hemingway's 1917, § 4458; 1930, § 4477; 1942, § 4703; Laws, 1912, ch. 195; Laws, 1968, ch. 240, § 1, eff. 4/2/1968.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-63 - Commissioners may borrow money

For the purpose of constructing and maintaining the ditches and other improvements provided for under this chapter, for carrying out the purposes and provisions of this chapter, and for paying for the work incident thereto, the said board of commissioners shall have power to borrow money and to issue its negotiable evidence of indebtedness or serial bonds therefor, not exceeding in amount the total amount of benefits assessed against all the real property in the district. Such bonds shall be in such sums and denominations of not less than one hundred dollars ($100.00) each as the said board of commissioners may prescribe, shall each be signed by the members of the said board of commissioners and bear the seal of its drainage district, and shall be made payable, either within or without the limits of this state, to the person or persons to whom sold, or bearer, or bearer simply, at the discretion of said board. No bond issued under the terms of this chapter shall run for more than thirty (30) years; and said bonds may be made to mature serially in such numbers as the board may elect, so that a portion thereof may mature each year as the assessments are collected. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section
75-17-101
, for which interest coupons may be attached, payable at such time and place as the board may contract, which interest coupons shall bear the facsimile signature of each member of the board of commissioners lithographed thereon. The said bonds may be sold or negotiated in any market in or out of the state at not less than their par value, provided, however, that the cost of lithographing or printing and the necessary expenses of selling said bonds may be incurred.
Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the registered bond act, being Sections
31-21-1
through
31-21-7
.
Codes, Hemingway's 1917, § 4459; 1930, § 4478; 1942, § 4704; Laws, 1912, ch. 195; Laws, 1914, ch. 269; Laws, 1974, ch. 361, § 1; Laws, 1983, ch. 494, § 23; Laws, 1984, ch. 506, § 5, eff. 5/15/1984.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-65 - Bonds to be registered

Said bonds when issued shall be registered by the clerk of the board of supervisors in a book kept for that purpose, which shall be a public record and shall be a faithful and correct register showing the date, number, amount, and date due of said bonds, the place of payment, and to whom issued or paid, of all bonds issued, sold, or used; and the said clerk shall enter on said register an account of all the bonds paid, received, or taken up by said board of commissioners. It shall be the duty of the said commissioners to promptly furnish to the said clerk necessary data for the keeping of said registers, to cancel and destroy all bonds and coupons which have been paid, and to report the facts to the said clerk to be entered on said register; and no bond or coupons paid, received, or taken up by said board of commissioners shall again be used or reissued. The minutes of the said board of commissioners are furthermore required to show fully the date, number, amount, place of payment, to whom issued and paid of each of said bonds, and shall further show the coupons and bonds paid, taken up, and destroyed, as a check on the register required to be kept by said clerk.
And for the prompt payment of said bonds and coupons the board of commissioners may irrevocably pledge the full faith, credit and resources of the district, and all assessments of said district, as provided in this chapter.
Codes, Hemingway's 1917, § 4460; 1930, § 4479; 1942, § 4705; Laws, 1912, ch. 195; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-67 - Negotiable evidences of debt to contractor

Said board of commissioners may also issue to the contractor or other persons who do the work, or any part thereof, negotiable evidences of debt of the district, bearing interest at a rate not to exceed six per cent per annum, secured in like manner as the bonds above provided for.
Codes, Hemingway's 1917, § 4461; 1930, § 4480; 1942, § 4706; Laws, 1912, ch. 195; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-69 - Commissioners not liable for damages

No member of any board of improvement shall be liable for any damages sustained by any one in the prosecution of the work under his charge, unless it shall be made to appear that he has acted with a corrupt and malicious intent.
Codes, Hemingway's 1917, § 4462; 1930, § 4481; 1942, § 4707; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-71 - Procedure to alter plans

The commissioners may at any time alter the plans of ditches and drains, but before constructing the ditches according to the changed plans, the changed plans with accompanying specifications, showing the width and depth of the ditches as changed, shall be filed with the clerk of the chancery court, or chancellor in vacation, and notice of such filing shall be given by publication for two insertions in some newspaper issued and having a bona fide circulation in each of the counties in which there are lands belonging to the district. If by reason of such change of plans any property owner deems that the assessment has become inequitable, he may petition the chancery court, or chancellor in vacation, which shall thereupon refer his petition to the board of commissioners of the district, who shall reassess his property, increasing or diminishing his assessment as they may find just. From such action of the commissioners the property owner shall have the same right of appeal to the board of supervisors that is herein provided for in cases of original assessment. However, in no case after the issuance of bonds, shall the assessment be lowered either by the board of commissioners or the chancery court, or chancellor in vacation, so as to endanger the security of said bonds. Any reduction in benefits may be allowed as damages, and the allowances for such damage shall be secondary and subordinate to the rights of holders of bonds or evidences of indebtedness issued theretofore. No change of plans as above authorized shall be made so as to lower the standard of efficiency of the proposed system of improvement, nor so as to jeopardize the rights of any holder or holders of bonds previously issued; and this question may be raised by any landholder before the chancery court, or chancellor in vacation, with rights of appeal as herein provided.
Codes, Hemingway's 1917, § 4463; 1930, § 4482; 1942, § 4708; Laws, 1912, ch. 195; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-73 - Landowners may build ditches to connect with public ditch

Any landowner within the district may build ditches to drain his lands into the public ditches, and if any intervening landholders shall refuse permission to cross his lands with such ditch, the board of commissioners may, by proceedings according to the provisions of the chapter on eminent domain, condemn a right of way for such ditch. In such proceedings the jury shall deduct from the damages the benefits that will accrue to such intervening landowner by the construction of such ditch, and said intervening landowner shall have the right to use such ditch for the drainage of his own lands.
Codes, Hemingway's 1917, § 4465; 1930, § 4484; 1942, § 4710; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-75 - Compensation for connecting with district drainage system

No corporation, individual, or other drainage district, outside the limits of any district organized or operating under the terms of this chapter, shall drain into any ditch belonging to any district formed or operating under the terms of this chapter, without first paying compensation, to be ascertained by a jury in the circuit court or chancery court, for the use of said ditch, unless an agreement is reached between the commissioners of the district and the corporation, individual, or other drainage district desiring to use such ditch, as to such compensation. This and Section
51-29-77
shall not operate to interfere with vested rights to natural drainage.
Codes, Hemingway's 1917, § 4466; 1930, § 4485; 1942, § 4711; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-77 - Ditches outside of district

In case it is necessary to do so in order to obtain a proper outlet for the drainage system, the commissioners may construct ditches or do other work beyond the border of their district so as to carry the water to some proper outlet or otherwise to secure the object of the improvement. In that event, they shall have the right to condemn a right of way for such drain or other construction, and the proceedings thereof shall be the same that are now provided by law. Such a ditch or drain beyond the limits of the district shall be the property of the district, and no person not assessed shall have the right to dig any lateral drain connecting therewith without the consent of the commissioners. If such property owner cannot agree with the commissioners as to the price to be paid for the privilege of connecting with such ditch, the board of supervisors of the county where such connection is sought to be made shall fix the amount of such compensation, and either shall have the right to appeal from its findings to the circuit court.
Codes, Hemingway's 1917, § 4467; 1930, § 4486; 1942, § 4712; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-79 - Maintenance of system

The drainage district shall not cease to exist upon the completion of its drainage system, but shall continue to exist as a body corporate for the purpose of preserving the system of drainage, keeping the ditch clear from obstruction, extending, widening, or deepening the ditches from time to time, and for doing such other things and acts in order to carry out the purposes of this chapter and of the drainage system so established, as may be found advantageous to the district. For those purposes, the board of commissioners may borrow money and issue its bonds in such sums and in the manner provided in this chapter, and may from time to time apply to the chancery court, or chancellor in vacation, for the levying of additional assessments upon the benefits for the payment of said work or said bonds. Upon the filing of such application or petition with the clerk of the chancery court, he shall give notice by publication by two insertions in a newspaper published in each of the counties in which the district embraces land. Any property owner seeking to resist such additional levy may appear at the next term of the chancery court, or the chancellor in vacation, not less than ten days after the last insertion of said notice and urge his objections to such levy. In case he fails to appear, such levy shall stand with the force of a final judgment, but either the property owners or the commissioners may appeal to the supreme court not later than twenty days after the date of such levy.
Codes, Hemingway's 1917, § 4468; 1930, § 4487; 1942, § 4713; Laws, 1912, ch. 195; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-83 - Drainage taxes erroneously collected

When lands have been erroneously taxed for purposes of a drainage district, whether such land so taxed lies within or without the limits of the district, and the commissioners of such drainage district allow the claim for the amount of the taxes so erroneously paid, or where the claimant secures a judgment against any drainage district for the amount of taxes erroneously paid, then, in the event the drainage district does not have sufficient funds with which to pay said claim or judgment, the claimant may at his election obtain from the commissioners of the drainage district a certificate for each year that taxes were erroneously collected, which certificate shall show the amount of taxes due to be refunded on account of such erroneous payment.
Codes, 1930, § 4489; 1942, § 4715; Laws, 1930, ch. 172.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-85 - Certificates received in lieu of cash

Whenever such certificate or certificates are issued, the person or persons to whom the same is issued may use such certificate or certificates in purchasing any lands located in said district that have been forfeited to the State of Mississippi for failure to pay taxes thereon. The land commissioner and state treasurer shall receive such certificates in lieu of cash for the amount of the taxes due on said lands to such drainage district, but the amount of the state and county taxes due thereon, if any, shall be paid in cash.
The person or persons to whom certificates of indebtedness for taxes erroneously paid have been issued as provided under Section
51-29-83
, if they so elect, shall also be entitled to use such certificates, either in part or whole payment of drainage taxes in the district by which issued at a subsequent tax paying date, notwithstanding such certificate or certificates may have been issued for the purchase of state lands as provided in this section.
Codes, 1930, § 4490; 1942, § 4716; Laws, 1930, ch. 172.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-87 - Disposition of certificate

Whenever the state treasurer and land commissioner shall have accepted any such certificate in the purchase of such lands, it shall be his duty to immediately forward the same to the drainage district commissioners with a statement as to the lands purchased and the amount of money allowed on said purchase on account of said certificate; and the said drainage commissioners shall accept the certificate in lieu of money to that extent and amount from said state treasurer and land commissioner. Whenever the county tax collector shall have accepted any such certificate or certificates in the payment of drainage taxes, it shall be his duty to immediately inform the drainage district commissioner of his action, with a statement containing the amount of taxes and description of lands where a certificate or certificates were applied for taxes in lieu of money payment.
Codes, 1930, § 4491; 1942, § 4717; Laws, 1930, ch. 172.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-89 - Bonds to be a lien on land

All bonds and evidences of indebtedness issued by the commissioners under the terms of this chapter shall be secured by a lien on all lands and railroads subject to taxation under this chapter, in an amount not to exceed the amount of benefits assessed against such lands and railroads. The board of commissioners shall see to it that an assessment is levied annually and collected under the provisions of this chapter, so long as it may be necessary for the payment of any bonds issued or obligations contracted under its authority, together with the interest thereon; and the making or levying of said assessment or levy may be enforced by mandamus at the instance of any person interested.
Codes, Hemingway's 1917, § 4470; 1930, § 4492; 1942, § 4718; Laws, 1912, ch. 195; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-91 - Entire district revenues and realty pledged to secure bonds

To the payment of both principal and interest of the bonds and other negotiable evidences of debt to be issued under the provisions of this chapter, the entire revenues of the district from any and all sources and all real estate and railroads subject to taxation in the district are by this chapter pledged, in an amount not to exceed the amount of betterments assessed against said lands and railroads. The board of commissioners is hereby required to set aside annually from the first revenues collected from any source whatever a sufficient amount to secure and pay the interest on said bonds and evidences of indebtedness and a sinking fund for their ultimate retirement, if a sinking fund is provided for.
Codes, Hemingway's 1917, § 4471; 1930, § 4493; 1942, § 4719; Laws, 1912, ch. 195; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-93 - Error in names not to invalidate assessments

No error in the names or residences of the owners of railroads, lands, or improvements, or in the description thereof, shall invalidate said assessment or levy of taxes or benefits, if sufficient description is given to ascertain where the lands, railroads, or improvements are situated.
Codes, Hemingway's 1917, § 4473; 1930, § 4494; 1942, § 4720; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-97 - Financial statement and audit

Within sixty (60) days after the end of the fiscal year following the organization of said drainage district, and annually thereafter, the commissioners shall prepare and retain a copy of a sworn statement of the financial condition of the district to cover the preceding fiscal year. The report shall contain, among other things, a statement of the cash on hand the first of the year for which the report is made, together with all other assets of the district; the total receipts of the preceding year; the disbursement for administration, for construction, for maintenance, for bonds redeemed, and for interest due on outstanding bonds, together with all other indebtedness of the district. The commissioners are further authorized and empowered to do any and all things incident to the management and affairs and business of the district.
The State Auditor of Public Accounts or his assistant may annually audit the books, financial report and expenditures of the commission in the same manner that such officer audits other boards and commissions; and the same powers and duties which such officer exercises or enjoys with respect to other boards and commissions shall be exercised and performed in the same manner in his audit of drainage district commissions. A fee of not exceeding Thirty Dollars ($30.00) per man hour for the time required to conduct each audit shall be paid by each drainage district audited under this section. All such fees shall be paid into the State Department of Audit Fund. Upon the recommendation of the Director of the State Department of Audit, the State Auditor shall appoint auditors on a temporary or permanent status to perform drainage district audits. The State Auditor shall not audit dormant districts which have no income or disbursements during any year.
Codes, Hemingway's 1917, § 4476; 1930, § 4497; 1942, § 4723; Laws, 1912, ch. 195; Laws, 1958, ch. 459; Laws, 1964, ch. 211, § 1; Laws, 1985, ch. 455, § 10; Laws, 2008, ch. 558, § 3, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-99 - Penalty for obstructing or damaging drains

Any person who shall obstruct a drain or damage drainage work provided for by this chapter shall be guilty of a misdemeanor and, on conviction thereof, be fined not more than one hundred dollars nor less than ten dollars; and he shall also be liable to the district for double the cost of removing such obstruction or repairing such damage.
Codes, Hemingway's 1917, § 4477; 1930, § 4498; 1942, § 4724; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-101 - Contractors may pass over private lands

The commissioners, engineers, and contractors, with their teams and outfits engaged in drainage work, shall have the right to pass over all the lands of others to and from the district, being liable to the owner for any damage done thereto. Any owner who shall prevent such passage over his lands shall be guilty of a misdemeanor and fined one hundred dollars for each day that he prevents such passage.
Codes, Hemingway's 1917, § 4479; 1930, § 4500; 1942, § 4726; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-103 - Procedure for districts to come under this chapter

Any district which has heretofore been organized, including swamp land districts, or which may hereafter be organized under other statutes, may become a district under the terms of this chapter as follows:
If a third of the landowners owning a majority of the acreage or a majority of the landowners owning a third of the acreage of real property within any such district shall petition the chancery court, or chancellor in vacation, to constitute them a drainage district under the terms hereof, the clerk of the chancery court shall give notice of the application by two weeks' publication in some newspaper published and having a bona fide circulation in the county or counties in which the lands of said district lie, stating the time when said petition will be heard and the object of said petition. All owners of real property within the district shall have the right to appear and contest the said petition, or support the same. The chancery court, or chancellor in vacation, shall hear the evidence and shall either grant the petition or deny the same, as he may deem it most advantageous to the property owners of the district and to the public benefit. If he grants the petition, the said district shall have all the rights and powers and be subject to all the obligations and provisions provided by the terms of this chapter. If the majority of the landowners or the majority of the owners of the acreage therein petition for the adoption of this chapter, the court or chancellor must make an order declaring that such district shall henceforth be governed by the terms of this chapter, and shall appoint commissioners according to its terms, who shall carry into effect without delay the proposed drainage improvements.
Codes, Hemingway's 1917, § 4480; 1930, § 4501; 1942, § 4727; Laws, 1912, ch. 195; Laws, 1914, ch. 269; Laws, 1956, ch. 349.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-105 - Construction of chapter

This chapter shall be liberally construed to promote the ditching, drainage, and reclamation of wet, swampy, and overflowed lands. The collection of assessments hereunder shall not be defeated by reason of any omission, imperfection, or defect in the organization of any district or in the proceedings occurring prior to the judgment of the court confirming assessment of benefits and damages; but said judgment shall be conclusive that all prior proceedings were regular and according to law. In case any assessment shall be held to be void for want of notice, the said commissioners may, upon motion, be permitted to give such owner due notice and ask for a time to be set by the chancery court, or chancellor in vacation, for hearing any and all objections that said landowner may have to such proceedings and the assessment. The chancery court, or chancellor in vacation, at such time may make such orders in reference thereto as justice may require, and may assess such landowner his just proportion of the benefits received by him by such proposed work or the damages suffered by him by such proposed work; and thereupon such assessment as to such land shall be binding and conclusive.
Codes, Hemingway's 1917, § 4481; 1930, § 4502; 1942, § 4728; Laws, 1914, ch. 269.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-107 - Special commissioner may hear and determine cases under this chapter

All hearings hereinbefore provided to be heard before the chancellor may be heard before a special commissioner who may be appointed by the chancellor, who shall have full authority to make all findings of law and of fact, and whose findings shall be reduced to writing and reported to the chancellor for confirmation either in term-time or in vacation. Such reports shall be subject to exceptions or objections, but no notice of the hearing of such exceptions shall be necessary, provided the date for hearing exceptions to the commissioner's report shall have been fixed in the order referring the matter to the commissioner. Such commissioner shall receive such compensation as may be allowed him by the chancellor.
Codes, Hemingway's 1917, § 4482; 1930, § 4503; 1942, § 4729; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-109 - Expenses of chancellor to be paid by district

As a part of the cost of the organization and conduct of a drainage district, the chancellor may tax his own traveling and hotel expenses in deciding all hearings provided for in this chapter, when such hearings are had before the chancellor in vacation. Such traveling expenses shall be paid to the chancellor upon his filing an itemized statement thereof with the said drainage commission.
Codes, Hemingway's 1917, § 4483; 1930, § 4504; 1942, § 4730; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-113 - Clerk of district to certify order to tax collector

Should an appeal not be perfected within fifteen days after the decision of the board of drainage commissioners, or upon the final decision of the courts upon appeal, it shall be the duty of the clerk of the drainage district to immediately certify a copy of said order to the tax collector, showing the change and apportionment of such assessments; and such tax collector shall be guided thereby in making future collections of such assessments and tax. Such change in such assessment as made shall be deemed in law to be the amount of such assessment and tax to be due on the land as fixed by such order, and such lands shall not thereafter be liable for any amount above its apportioned part thereof. Such tax collector may issue receipt upon the payment by any party of such amount as has been apportioned to be due on any subdivision of land under the provisions of this chapter.
Codes, 1930, § 4506; 1942, § 4732; Laws, 1926, ch. 302.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-117 - Manner of appeal

Whenever an appeal is allowed to be prosecuted under this chapter, the same shall be taken within the time fixed by this chapter. If the appeal be from an order of the board of supervisors, same shall be perfected in the same manner as an appeal from orders of the board of supervisors approving tax assessment. If the appeal be from an order of the chancery court or chancellor in vacation, such appeal shall be prosecuted in like manner as is provided by law for the prosecution of appeals from other decrees of said court, but must be within the time fixed by this chapter for appealing.
No appeal herein provided for shall be allowed to delay the organization of the district, or the progress of the work or improvement.
Codes, Hemingway's 1917, §§ 4475, 4486; 1930, §§ 4496, 4512; 1942, §§ 4722, 4738; Laws, 1912, ch. 195.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-119 - Additional powers given to certain drainage districts

Any drainage district operating under the provisions of this chapter, having as its purpose and object a comprehensive and general plan to control overflow and surplus water of rivers and their tributaries, is hereby given the power, in addition to the foregoing powers given by this chapter, to construct and maintain by-passes for conveying surplus and overflow waters by means of ditches, canals, floodways, levees, conduits, or other artificial means by shorter and more direct route from tributaries of natural streams and their watersheds to their main water course, and from one point in a natural water course to another point therein. However, said by-passes, ditches, canals, floodways, levees, or conduits shall empty the water directly into the same watercourse to which it would naturally flow.
Codes, 1930, § 4513; 1942, § 4739; Laws, 1924, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-121 - Assessments to be apportioned when land lies in certain districts

Whenever such districts include within their boundaries land already included in an existing drainage district, such land in the existing district shall remain liable for benefits already assessed or that may thereafter be assessed by such existing district, and shall also be liable to be assessed for benefits by the new district as now provided by law; but such land in an existing district may, for any of its improvements used by the new district, be given credit against the assessment of benefits levied by the new district to the amount of its pro rata portion of all the bonded and outstanding indebtedness, including interest to accrue upon such bonds and indebtedness of such existing district.
Codes, 1930, § 4514; 1942, § 4740; Laws, 1924, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-123 - Certain districts may own rights of way and dispose of same

Such district shall have the right to acquire and own in fee simple, within the confines of such district, all necessary rights of way for floodways, by-passes, ditches, canals, levees, and other necessary work or improvements, by purchase or condemnation as now provided by law within the district; and it may sell, lease, or otherwise dispose of same, subject to drainage purposes and easements of the district, or it may rent or lease for cash, or part of crops, such parts of its right of way as are susceptible of growing and producing crops, the income therefrom to be used for the maintenance of the improvements of the district.
Codes, 1930, § 4515; 1942, § 4741; Laws, 1924, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-125 - Certain districts may acquire rights of way through existing districts

Such districts may acquire such rights of way through existing drainage districts, after obtaining consent of an existing district and upon such terms as the existing district may impose, but when the works or improvements of an existing district are so acquired, the district acquiring shall furnish and provide equivalent relief or protection to that destroyed or impaired by such taking. If not determined by mutual agreement by the commissioners of the districts or landowners, either district may petition the board of supervisors, chancellor, or chancery court having jurisdiction to investigate, determine, and adjudicate what damages shall be paid, or what work or relief shall be done or provided by the new district. Such judgment may be enforced by mandamus, as now provided by law, and all existing rights of landowners in an existing district shall be protected and cared for by such new district. An appeal shall lie from such order as provided by this chapter. Such district may use any ditch, levee, or other improvements of an existing drainage district with the consent of the commissioners thereof, and upon such terms, conditions, stipulations, and price as may be made by such existing drainage district.
Codes, 1930, § 4516; 1942, § 4742; Laws, 1924, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-127 - Districts acquiring certain lands to assume obligations

When lands in an existing district, and which have been assessed for benefits, are acquired for rights of way by such districts for canals, ditches, levees, floodways, by-passes, or other necessary drainage purposes, assessments already levied or that may be levied against such land to pay its proportion of outstanding bonds or other obligations of the existing district, including all interest to accrue thereon, shall be assumed and paid by the new district so taking or so acquiring such land, in the proportion that its value, as fixed by condemnation, shall bear to the value of the land included in the entire district.
Codes, 1930, § 4517; 1942, § 4743; Laws, 1924, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-129 - Law with reference to disposition of waters

Nothing contained in Sections
51-29-119
through
51-29-129
shall be construed to permit the enlargement of any prescriptive rights now or hereafter existing or acquired, nor permit the diversion of water from one watershed or basin to another watershed or basin. Nor shall said sections apply to or affect, change, modify, or alter the law as now existing relative to the diversion and control of seep water, and they shall not be construed to repeal, amend, or modify any existing laws, but shall be deemed as supplemental to the law as it now exists.
Codes, 1930, § 4518; 1942, § 4744; Laws, 1924, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-131 - Enlargement of boundaries of drainage districts

If ten per cent of the landowners owning lands adjoining or adjacent to any existing district operating under the provisions of this chapter shall petition the chancery court to extend the boundaries of any such existing district, describing generally the region which it is intended shall be embraced within the boundaries of such drainage district as extended, it shall be the duty of the chancery court, or chancellor in vacation, to enter an order directing the commissioners of such drainage district to forthwith proceed to cause a survey to be made, and to ascertain the limits of the region which will be benefited by the proposed system of improvements, giving a general idea of its character and the cost of drainage and other improvements necessary and making such suggestions as to the size of the drainage ditches and their location and of levees, dams, and pumping stations, if any of such be necessary, to properly drain and protect said territory, or if the commissioners may deem such levees, dams, pumping stations, or any or either of them advisable, and to file their reports with the clerk of the chancery court. All expenses of making such survey, preparing the plans and estimates of the costs of the improvements, costs of publication, attorneys' fees, and other necessary expenses shall be paid as the work progresses by the existing drainage district to which the land and territory is proposed to be added, or by the board of supervisors as the court or chancellor may order. All such expenses shall be repaid out of the first money received from taxes upon the additional lands embraced in such drainage district, or from the sale of bonds from the district as extended, if that be done; but if that be not done, then the board of supervisors shall levy an ad valorem tax upon the land which it was proposed to add to such existing drainage district to repay the costs advanced by such existing drainage district or the board of supervisors, as the case may be.
Codes, Hemingway's 1921 Supp. § 4487a; 1930, § 4519; 1942, § 4745; Laws, 1920, ch. 281.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-133 - Notice and hearing of proposed extension

When such reports are filed, the clerk of the chancery court shall thereupon give notice for two weeks by two insertions in some newspaper published in the county or counties in which the land proposed to be included in and added to the existing drainage district is located, calling upon all persons owning the land within the said territory to appear before the chancery court, or chancellor in vacation, not less than ten days after the last publication of said notice to show cause in favor of or against the extension of the boundaries of said district so as to include and embrace their lands therein. If it shall appear to the court or chancellor that the extension of the boundaries of said drainage district, so as to include the additional territory and the construction of the proposed improvements, will be conducive to the public health, to the public benefit, and to the interest of the land and the owners thereof, he shall enter an order extending the boundaries of said drainage district so as to embrace and include said territory, and establishing the same as a part of said existing drainage district.
Codes, Hemingway's 1921 Supp. § 4487b; 1930, § 4520; 1942, § 4746; Laws, 1920, ch. 281.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-135 - Extension of district on majority petition

If the majority of the landowners owning one third of the acreage of the lands or one third of the landowners owning a majority in acreage of the lands proposed to be added to the existing drainage district shall petition the chancery court of any county in which any part of the land lies to extend the boundaries of the existing drainage district so as to embrace and include their lands, proceedings shall be held in all respects in conformity with the provisions of this chapter.
Codes, Hemingway's 1921 Supp. § 4487c; 1930, § 4521; 1942, § 4747; Laws, 1920, ch. 281.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 29 - DRAINAGE DISTRICTS WITH LOCAL COMMISSIONERS (§§ 51-29-1 — 51-29-165) › Section 51-29-137 - Rights and powers of extended district

When the boundaries of the existing drainage district are extended so as to embrace and include additional territory and land, said district shall have all the rights, powers, and privileges so far as said land is concerned as said district had of the lands originally embraced and included therein, and shall have full power to make and levy assessments thereon and to issue additional bonds, as is now provided by law for the formation and organization of drainage districts under the provisions of this chapter. When the boundaries of any existing drainage district are extended and additional lands and territory added thereto to be drained and improved, the several parcels of land of such drainage districts as were included within the limits of the district as originally organized and formed shall be liable to the district as already organized for assessments of benefits to be thereafter levied, if any benefits are received by them; and in like manner shall receive credit for any work done or improvements made or constructed by the district as already organized, which will benefit the land and territory added thereto in the manner herein provided.
Codes, Hemingway's 1921 Supp. § 4487d; 1930, § 4522; 1942, § 4748; Laws, 1920, ch. 281.