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 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-45 - District may purchase tax lands

The board of drainage commissioners of any drainage district organized under any of the drainage laws of this state are hereby authorized to purchase from the state any lands lying within such drainage district which have been sold to the state for delinquent taxes and the title to which, at the time of the filing of the application to purchase, has matured in the state. The board of drainage commissioners of any such drainage district desiring to purchase any such lands from the state shall file an application for the purchase of such lands with the land commissioner. The land commissioner with the approval of the governor may sell any such lands to the board of drainage commissioners of such drainage district at such price as may be authorized by law for the sale of lands to individuals, and such sale shall be made upon the same terms and conditions as are provided by law for the sale of lands to individuals. However, the limitation imposed by law upon the quantity of state forfeited tax lands which may be sold to a single individual shall not apply to sales of lands in drainage districts to the board of drainage commissioners under the provisions of this section. The board of drainage commissioners of such drainage districts are hereby authorized to appropriate money out of any funds on hand belonging to the drainage district for the payment of the purchase price of such land.
The patents to such lands shall be issued to the board of drainage commissioners of such drainage district in the form and manner prescribed by law; and the proceeds of all such sales shall be paid into the state treasury in the manner provided by law.
Codes, 1942, § 4651; Laws, 1935, ch. 61; Laws, 1936, ch. 298.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-47 - Lands conveyed to drainage district liable for state and county taxes

When lands are purchased by the board of drainage commissioners of any drainage district under the provisions of Section
51-33-45
, such land shall be liable thereafter for the state and county taxes levied and assessed against the same to the same extent as if such lands were owned by a natural person or private corporation. It shall be the duty of the tax assessor to assess such lands for taxes in the same manner as other lands are assessed; and if the taxes are not paid when due, it shall be the duty of the tax collector to sell said land for the delinquent taxes due and unpaid at the time and in the manner provided by law for the sale of lands for delinquent taxes.
Codes, 1942, § 4087; Laws, 1936, ch. 174.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-49 - Sale or lease of tax lands

The board of commissioners of any drainage district operating under any of the laws of this state may sell, lease, or rent, on the terms and conditions as hereinafter set out, the lands located within the limits of said district which have been heretofore purchased or may hereafter be purchased from the State of Mississippi, or such lands heretofore or hereafter purchased at any tax sale after the time for redemption has expired.
Codes, 1942, § 4652; Laws, 1936, ch. 297.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-51 - Sale price of tax lands

Any lands purchased by any drainage district from the State of Mississippi shall not be sold by said district so purchasing the same for less than the amount paid by said district to said state therefor. However, except as provided in Section
51-29-81
, any lands purchased by any drainage district at any delinquent tax sales, title to which has matured in the district, shall not be sold by said district so purchasing the same for less than the amount paid therefor by said district at said tax sale plus the amount of all other taxes (exclusive of interest, damages, penalties, and costs) which would have accrued to said lands during the two-year period immediately following the date of sale of said lands for delinquent taxes had the same not been sold therefor.
Codes, 1942, § 4653; Laws, 1936, ch. 297.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-53 - Terms of sale of tax lands

The lands authorized to be sold under the terms of Sections
51-33-49
through
51-33-57
may be sold by the commissioners of the district acquiring the same on such terms and conditions as the board of commissioners of the drainage district selling said lands may designate for the sale thereof in an order to be duly adopted by them and spread on their minutes; however, the said lands shall not be sold for less than the amount set out under Section
51-33-51
, and at least one third of the purchase price of said lands shall be paid in cash to the district on the day that the deed is executed and delivered by the commissioners of said district to the purchaser thereof. The board of commissioners of any drainage district selling any lands which are authorized to be sold under the terms of said sections may accept at par value as payment or as part payment of the purchase price thereof any outstanding past-due bonds or coupons of said district selling said lands.
Codes, 1942, § 4654; Laws, 1936, ch. 297.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-55 - Terms of lease of tax lands

The lands authorized to be leased or rented under the terms of Sections
51-33-49
through
51-33-57
may be leased or rented by the board of commissioners of the drainage district owning the same for a term not to exceed three years at such annual rental and on such terms and conditions as may be prescribed and designated for the lease or rental thereof by an order to be duly adopted by the board of commissioners of said district and entered on their minutes.
Codes, 1942, § 4655; Laws, 1936, ch. 297.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-57 - Seal required for conveyance of tax lands

The deed conveying any lands authorized to be sold by any drainage district under the terms of Sections
51-33-49
through
51-33-57
and any lease contract leasing any lands of any drainage district authorized to be leased under the terms of said sections shall be made under the seal of the drainage district selling or leasing the same, and the same shall be signed for said drainage district by the president and secretary, respectively, of the board of commissioners of the drainage district so selling or leasing the same.
Codes, 1942, § 4656; Laws, 1936, ch. 297.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-59 - Release of land by lump sum payment

Any owner of land situated in any drainage district of the State of Mississippi, which has an outstanding bonded indebtedness, may secure the release of his land or any part thereof from the lien of the assessment of benefits thereon for drainage purposes by paying to the drainage commissioners the full amount of the outstanding assessed benefits against his property or any part thereof. The drainage commissioners or their duly authorized officer, upon receipt of said fund, shall execute to the property owner a full release of his land from the lien of said assessment and acknowledge said release, which may be recorded by the owner in the office of the chancery clerk of the county where said land is situated. However, nothing herein shall have the effect of releasing any land situated in a drainage district from its liability for annual maintenance taxes as now or which may hereafter be levied.
Codes, 1942, § 4658; Laws, 1938, ch. 254.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-61 - Release of lands where indebtedness refinanced through Reconstruction Finance Corporation

In any drainage district of the State of Mississippi which has an outstanding bonded indebtedness which has been refunded through the Reconstruction Finance Corporation of the United States, and in which all of said refunded indebtedness is owned by the Reconstruction Finance Corporation of the United States, any landowner may secure the release of his lands, or any part thereof, from the lien of the assessment of benefits thereon for drainage purposes by paying to the drainage commissioners, to be by them paid to the Reconstruction Finance Corporation, such an amount as may be agreed upon by the said drainage commissioners and the Reconstruction Finance Corporation.
Codes, 1942, § 4659; Laws, 1938, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-63 - Procedure to release lands from Reconstruction Finance Corporation

Any landowner desiring to take advantage of Sections
51-33-61
and
51-33-63
shall first make application to the drainage commissioners of the district in which his land is located, and it shall thereupon be the duty of the drainage commissioners of such drainage district to enter such application on the minutes of such drainage district and to apply to the Reconstruction Finance Corporation to determine the amount required to be paid for the release of such lands from the lien of said assessment of benefits thereon. After the amount required to be paid for the release of such lands from the lien of said assessment of benefits shall have been determined and agreed upon by the commissioners and the Reconstruction Finance Corporation, the commissioners, with the approval of the chancery court or other court in which the affairs of the drainage district are being administered, or with the approval of the chancellor in vacation, shall be authorized to accept the amount thus agreed upon in full satisfaction and settlement of the lien of said assessment of benefits on said land. Upon said amount being paid by such landowner to the drainage commissioners, such land shall be released from such assessment of benefits by proper order spread upon the minutes of said drainage district, and the amount paid shall be immediately remitted by the drainage commissioners to the Reconstruction Finance Corporation to be applied by it to such bonded indebtedness. The written consent of the Reconstruction Finance Corporation shall also be spread upon the minutes of such drainage district. Nothing herein shall have the effect of releasing any land situated in a drainage district from its liability for annual maintenance taxes as now or which may hereafter be levied.
Codes, 1942, § 4660; Laws, 1938, ch. 257.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-65 - Release of lands by agreement with commissioners and bondholders

In any drainage district of the State of Mississippi which has an outstanding bonded indebtedness, any landowner may secure a release of his lands, or any part thereof, from the lien of the assessment of benefits thereon for drainage purposes by paying to the drainage commissioners such an amount as may be agreed upon by the drainage commissioners and the owners of all outstanding bonds of such drainage district.
Codes, 1942, § 4660-01; Laws, 1944, ch. 302, § 1.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-67 - Procedure to release lands from bondholders

Any landowner desiring to take advantage of Sections
51-33-65
and
51-33-67
shall first make application to the drainage commissioners of the drainage district in which his land is located, and it shall thereupon be the duty of the drainage commissioners of such drainage district to enter such application on the minutes of such drainage district and to apply to the owners of all outstanding bonds of such drainage district to determine the amount required to be paid for the release of such lands from the lien of said assessment of benefits thereon. After the amount required to be paid for the release of such lands from the lien of said assessment of benefits shall have been determined and agreed upon by the commissioners and the owners of all outstanding bonds, the commissioners, with the approval of the chancery court or other court in which the affairs of the drainage district are being administered, or with the approval of the chancellor in vacation, shall be authorized to accept the amount thus agreed upon in full satisfaction and settlement of the lien of said assessment of benefits on said land, and to execute and deliver to the landowner a release and quitclaim deed releasing the land from the lien of the assessment of benefits of such drainage district upon payment by the landowner of the amount agreed upon, which amount shall be deposited in the bond and interest fund of such drainage district. The written consent of all owners of the outstanding bonds of such drainage district, together with the order of the board of commissioners authorizing the execution and delivery of the release and quitclaim deed for and on behalf of the drainage district, shall be spread upon the minutes of such drainage district. Nothing herein shall have the effect of releasing any land situated in a drainage district from its liability for annual maintenance taxes as now or which may hereafter be levied.
Codes, 1942, § 4660-02; Laws, 1944, ch. 302, § 2.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-69 - Release of lands in districts with more than fifty per cent of lands forfeited to state for taxes

In any drainage district in the State of Mississippi in which more than fifty per cent of the land in such drainage district has prior to March 31, 1944, been forfeited to the state for taxes, the title thereto has matured in the state, and title to which is on said date in the State of Mississippi, and which has an outstanding bonded indebtedness, any landowner may secure the release of his lands, or any part thereof, from the lien of the assessment of benefits thereon for drainage purposes by paying to the drainage commissioners, either in cash, bonds, or interest coupons of such drainage district, or by credit on judgments rendered against the district for bonds and interest coupons, such an amount as may be determined as herein provided.
Codes, 1942, § 4660-10; Laws, 1944, ch. 303, § 1.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-73 - Payment for release

The amount required to be paid to obtain the release provided for in Sections
51-33-69
through
51-33-73
may be paid in cash, bonds, interest coupons of such drainage district, or by credit on any judgment rendered against the district on defaulted bonds and coupons; however, the same shall not be paid by any bonds or interest coupons which have become barred by the statutes of limitation of the State of Mississippi. If the amount paid be in cash, the drainage commissioners shall deposit the same in a special fund to be used in paying the bonded indebtedness of the district; but if the release be paid for in bonds or coupons or by credit on judgment against the district, the same shall immediately be cancelled by the drainage commissioners.
Codes, 1942, § 4660-12; Laws, 1944, ch. 303, § 3.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-75 - Receivership for certain districts

Whenever any drainage district organized under the laws of this state shall cease to function in the manner provided by law for a period of two or more years by failing to levy and collect the annual assessments made and pledged by it to the payment of its bonded indebtedness, or by failing to function as an organized body, or shall suffer its bonded indebtedness or a substantial part thereof to be in default and so remain for a period of two or more years, then, in either or all of such events, any holder of any of the outstanding and past due bonds issued by said drainage district or of judgments based upon said bonded indebtedness shall have the right to petition the chancery court of the county in which said drainage district or the greater part thereof is situated, for the appointment of a receiver for said drainage district.
Codes, 1942, § 4671-01; Laws, 1952, ch. 308, § 1.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-77 - Proceedings for appointment of receiver

Upon the filing of petition, process may be had on all interested persons by publication of summons as provided by the Mississippi Rules of Civil Procedure directed to the landowners, bondholders, and creditors of said drainage district commanding them to appear before the chancery court at a place named within such chancery court district on a day certain in termtime or before the chancellor in vacation and show cause, if any they can, why a receiver shall not be appointed for said drainage district. Upon the hearing of said petition, if it shall be proven that any or all of said allegations as set forth herein and alleged in said petition are true, the court shall appoint the State Auditor of Public Accounts as receiver for said drainage district.
Codes, 1942, § 4671-02; Laws, 1952, ch. 308, § 2; Laws, 1991, ch. 573, § 113, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-79 - Duties of receiver; oath; bond; records

The bond of the state auditor of public accounts, as said auditor, is hereby fixed to be the bond of said state auditor of public accounts as receiver hereunder; and the oath of office taken by said state auditor of public accounts shall be sufficient oath to be required as receiver hereunder. It is hereby fixed to be the duty of the state auditor of public accounts to serve and qualify as receiver under Sections
51-33-75
through
51-33-89
, and upon being appointed hereunder he shall discharge all the duties heretofore required of the drainage commissioner, other duties prescribed by said sections, and orders of the court; and he shall be subject to the orders of the court. The tenure of office of the drainage commissioners shall thereupon terminate during the pendency of said receivership, and the court shall order all the records of said drainage district to be turned over to said receiver who may take possession thereof.
Codes, 1942, § 4671-03; Laws, 1952, ch. 308, § 3.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-83 - Payment of assessments by landowners or sale of property

Any landowner interested shall have the right to pay to the receiver, whether due or not, the amount charged and assessed as a lien on his tract of land at any time before it is sold. In such event the receiver shall issue to him a receipt therefor, which shall discharge such tract of land from the lien and assessment fixed against it and may be recorded by the clerk of said court. In the event of a sale the landowner, the bond and judgment holders, or their agent shall have the right to purchase, and sale shall be made to the highest bidder for cash at public outcry. The receiver shall execute to the purchaser an appropriate conveyance of the tract sold for the amount bid, and such sale shall extinguish all claims and demands of the bond and judgment holders against said land for the benefit assessments for which it is sold, whether for the full amount or not, but shall not affect the lien of the bond and judgment holders for any benefit assessments not due.
Codes, 1942, § 4671-05; Laws, 1952, ch. 308, § 5.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-85 - Compromise of assessments between landowners and bondholders

It shall be permissible for the landowner and the bond and judgment holders of such bonds as may be adjudicated a lien on unpaid assessed benefits to agree, in writing signed by them and filed with the receiver, to compromise and settle the amount assessed and fixed as a lien on any particular tract of land for such sum as they may agree on. In such event the receiver shall, upon the landowner paying to him the agreed sum, issue to the landowner a receipt for the amount so agreed in full satisfaction of such lien; and such receipt may be recorded by the chancery clerk when signed and acknowledged by the receiver. The bond and judgment holders of such bonds as may be adjudicated a lien on unpaid assessed benefits may act by a common agency appointed by them for this purpose, which appointment shall be in writing and duly acknowledged and recorded in the land deed records of such county.
Codes, 1942, § 4671-06; Laws, 1952, ch. 308, § 6.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-87 - Disposition of funds and discharge of receiver

All funds received by the receiver, either as payments made by the landowners or by sale of the land as authorized in Section
51-33-83
, shall constitute a trust fund in the hands of said receiver for the use and benefit of the bond and judgment holders entitled thereto. The receiver shall make report to court annually and from time to time as the court may order, showing the amount of assessments by him collected. Out of the funds so collected, the court shall order all costs paid. Ten per cent (10%) of the amount collected under said receivership shall, by said receiver, be paid into the state treasury to the credit of the department of audit fund; and the balance remaining shall be paid to the bond and judgment holders entitled thereto in proportion to their respective valid and legal holdings. When all assessed benefits become due and the receiver has collected all that can be collected, either by payment by the landowners or by sale of the land, he shall make final report; and upon paying out all funds in accordance with the orders of the court, the receiver may be finally discharged. Upon the discharge of said receiver, the status quo of the drainage district shall be reestablished by order of the court, or said district may be dissolved as by law permitted.
Codes, 1942, § 4671-07; Laws, 1952, ch. 308, § 7.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-89 - Receivership as additional management method

Sections
51-33-75
through
51-33-89
are not intended as repealing or modifying any statute of this state pertaining to drainage districts, but are intended as an additional and cumulative method of managing and operating drainage districts under special circumstances.
Codes, 1942, § 4671-08; Laws, 1952, ch. 308, § 8.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-91 - Dissolution of district without construction-time limitation for commencement of proceedings

Any drainage district operating under the provisions of any law of the State of Mississippi which has no unmatured bonded indebtedness and has constructed no levees, canals, or other drainage improvements may be dissolved by the chancery court of the county in which said district was organized, or by the chancellor of such court in vacation, in the manner hereinafter provided; but the proceedings for its dissolution shall not be commenced within three years after the date of the organization of such district.
Codes, 1930, § 4507; 1942, § 4733; Laws, 1924, ch. 256; Laws, 1934, ch. 229.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-93 - Dissolution of district without construction; petition; notice

Whenever, after the expiration of the said period of three years, five or more landowners of any such district, or a majority of the landowners of any such district, excluding lands owned by the state, or any landowner or owners owning more than fifty per cent of the total acreage of said district, excluding the acreage owned by the state, shall sign and file with the clerk of the chancery court by which such district was organized, or in the county in which such district was organized, a petition for the dissolution of such drainage district, it shall be the duty of such clerk to give notice thereof by publishing said notice for three consecutive weeks in a newspaper published in said county, or in each of the counties in which lands of the district lie. Said notice shall be addressed to all persons interested in said drainage district and shall command them to appear before the said chancery court at a place named within the said chancery court district on a day certain in term time, or before the chancellor in vacation, not earlier than twenty days nor more than sixty days after the date of the first publication of said notice, and show cause, if any they can, why said drainage district should not be dissolved. Upon the first publication of said notice, all proceedings of every kind of said drainage district and of the commissioners of the said drainage district shall be discontinued until the hearing of said cause as herein provided.
Codes, 1930, § 4508; 1942, § 4734; Laws, 1924, ch. 256; Laws, 1934, ch. 229.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-95 - Dissolution of district without construction; proceedings; chancery court jurisdiction

The said chancery court, or the chancellor thereof in vacation, shall take jurisdiction of said cause and shall hear the same on the return day thereof in the same manner as other causes in chancery. If upon the hearing of said cause it appear that it is to the best interests of the landowners of said drainage district that said district be dissolved, the said court or chancellor shall thereupon enter an order dissolving the said drainage district, and requiring and decreeing that no further expenses or indebtedness be incurred or contracted by the commissioners of said drainage district. Said commissioners of said drainage district shall immediately and within ten days thereafter deposit with the clerk of the said court in which said proceedings are pending all papers, records, and documents of the said drainage district.
If it shall appear that it is not to the best interests of the landowners of the said district that the same be dissolved, the chancellor or chancery court shall so decree.
If it appear to the chancery court or chancellor that it is to the best interests of the said drainage district that same be dissolved and the decree is entered accordingly, the costs of the proceeding, including solicitors fees as might be allowed by the court, shall be assessed and taxed by the court to be collected on an acreage basis on the lands within said drainage district; and thereafter the said district shall be dissolved and shall have no further powers or authorities under the law whatsoever. In the event that the said district shall not be dissolved, such costs, attorneys fees, and expenses as may be involved shall be assessed against the petitioners; and the drainage district shall be absolved from any liability on account thereof.
Codes, 1930, § 4509; 1942, § 4735; Laws, 1924, ch. 256; Laws, 1934, ch. 229.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-97 - Dissolution of district without construction; claims

Nothing contained in Sections
51-33-91
through
51-33-97
shall be construed to impair or affect any contract or other obligation of any such drainage district, but persons holding claims against such drainage district shall, on notice of the dissolution thereof as provided herein, file any such claims as they may have against such district. If the court should decree that said district should be liquidated, all of said claims shall be passed upon by the chancery court or chancellor, as the case may be, and if found just, a levy shall be made upon said lands upon an acreage basis as hereinabove provided, in order to liquidate and pay such indebtedness as may be found due and owing by said district.
Codes, 1930, § 4510; 1942, § 4736; Laws, 1924, ch. 256; Laws, 1934, ch. 229.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-99 - Dissolution of district with construction not requiring maintenance

Any drainage district heretofore organized which has constructed drainage canals and which has no outstanding indebtedness, bonded or otherwise, and wherein there is no necessity of maintenance work from year to year may be dissolved by the chancery court in which the drainage district was organized, or by the chancellor in vacation, in the manner hereinafter provided.
Codes, 1942, § 4661; Laws, 1934, ch. 230.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-101 - Dissolution of district with construction not requiring maintenance; petition; notice

Whenever a majority of the landowners owning a majority of the land in such drainage district shall sign and file with the clerk of the chancery court in which such drainage district was organized a petition for the dissolution of such drainage district, it shall be the duty of the chancery clerk to give notice thereof by publication. Such notice shall be published for three weeks in a newspaper published in the county in which the drainage district was organized, shall be addressed to all persons interested in said drainage district, and shall command them to appear before the said chancery court on a day certain in term time, or before the chancellor in vacation at a place and time to be stated in said notice, not later than five days nor more than sixty days after the date of the last publication of said notice and show cause, if any they can, why said drainage district should not be dissolved.
Codes, 1942, § 4661; Laws, 1934, ch. 230.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-103 - Dissolution of district with construction not requiring maintenance; proceedings; chancery court jurisdiction

The said chancery court, or the chancellor thereof in vacation, shall take jurisdiction of said cause and shall hear the same on the return day thereof in the same manner as other causes in chancery. If, upon the hearing of said cause, it shall appear that it is to the best interest of the landowners of said drainage district that said district be dissolved and that there is no outstanding indebtedness, bonded or otherwise, the court or chancellor shall thereupon enter an order dissolving the said district, requiring that no further expense or indebtedness be incurred or contracted by the commissioners of said drainage district, and that said drainage commissioners shall, within thirty days thereafter, deposit with the clerk of said court all papers and records of said district. If it shall not appear to be to the best interest of the landowners or if there is outstanding indebtedness against said drainage district and necessity for maintenance work from year to year in said district, the petition shall be dismissed at the cost of petitioners and no further petition for the dissolution of said district shall be filed within two years thereafter.
Codes, 1942, § 4661; Laws, 1934, ch. 230.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-105 - Dissolution of district by cumulative method

Whenever twenty-five per cent (25%) of the landowners owning a majority of the acreage of any drainage district organized under any of the laws of the State of Mississippi desire to have the same dissolved and its affairs wound up, the chancery court in which said district was organized, or the chancery court of the county in which the lands of said district are located, or the chancellor of either of said courts in vacation shall be authorized to enter an order or decree directing that the affairs of the same be wound up and that said districts be dissolved on such terms as the court or chancellor in vacation might deem meet and proper, (a) whenever it shall be made to appear to the court or chancellor in vacation in any proceeding filed for said purpose that said drainage district does not have any outstanding indebtedness, bonded or otherwise, or (b) in the event it does have an outstanding indebtedness, bonded or otherwise, but owns easements, rights of way, drains, canals, ditches, or other property which said district can sell for an amount equal to its fair cash market value which will be sufficient, or when added to any other funds of the district will be sufficient, to enable it to pay off and discharge all of its outstanding indebtedness, bonded or otherwise.
Codes, 1942, § 4662; Laws, 1938, ch. 258.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-107 - Dissolution of district by cumulative method; petition

All proceedings instituted under Section
51-33-105
shall be by petition addressed to the court having jurisdiction of said proceedings, as aforesaid, and, when executed as hereinafter directed, filed with the clerk of said court. Said petition shall be signed by twenty-five per cent (25%) of the landowners owning a majority of the acreage in any of said drainage districts. Any guardian of the estate of any person under legal disability owning lands in said district is hereby authorized to sign said petition for said person or persons under disability and, likewise, the executors, administrators, or trustees of any decedent's estate are authorized to sign said petition for said decedent. Any officer of any corporation may sign the same for said corporation.
Codes, 1942, § 4663; Laws, 1938, ch. 258.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-111 - Dissolution of district by cumulative method; claims

At the time, date, and place set for the hearing of said petition as above provided, the court or chancellor in vacation shall at said time, date, and place also take up, examine, determine, and allow all claims of indebtedness of said district, bonded or otherwise. Any claims of indebtedness against any of said drainage districts which are not filed and presented with the clerk of the court in which said proceeding is pending on or before the time and date fixed therefor by the decree of the court or chancellor in vacation and in the notice so published shall be forever barred, except the claims of holders of bonds or of certificates of indebtedness legally issued by said district, and the interest thereon.
Codes, 1942, § 4665; Laws, 1938, ch. 258.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-113 - Dissolution of district by cumulative method; sale of property; orders and decrees; appointment of masters

In the event the petition as filed shows and the court or chancellor in vacation finds that said district has not paid off all of its outstanding indebtedness, bonded or otherwise, but owns easements, rights of way, canals, ditches, drains, or other property which can be sold for an amount equal to its fair cash market value which will enable said district to pay off and discharge its outstanding indebtedness, bonded or otherwise, the court or chancellor in vacation is in such event authorized, considering the best interests of the landowners and of said district, to enter an interlocutory order dissolving said district and directing its affairs to be wound up, which order shall be made final, either by the court in term time or by the chancellor in vacation, upon the property of said district being sold and all of its outstanding indebtedness, bonded or otherwise, being fully paid and discharged. To this end the court or chancellor in vacation is hereby authorized and empowered to make and enter all interlocutory decrees or orders that it might deem advisable and necessary to make; to divest the title out of said district in and to any and all easements, rights of way, canals, ditches, drains, or other property owned by said district and vest the same in a special commissioner to be appointed by the court or chancellor in vacation to sell the same on such terms and at such an amount as the court or chancellor in vacation finds to be for the best interest of the landowners and said district; and to direct said commissioner to convey any or all of said property to the purchaser at the price and on the terms authorized, to collect the same, and to pay therefrom any and all of the outstanding indebtedness, bonded or otherwise, as directed by the court or chancellor in vacation. The court or chancellor in vacation is hereby authorized to appoint masters or commissioners of the court to wind up the affairs of said district under its direction, and to make any and all interlocutory orders that might be necessary to be made for the purpose of dissolving said district and directing its affairs to be wound up.
Codes, 1942, § 4666; Laws, 1938, ch. 258.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-115 - Dissolution of district by cumulative method; claims; fees and commissions; contraction of debts

The court or chancellor in vacation is hereby authorized at the time, date, and place of the first hearing of all of the aforesaid matters, as well as at any other time he might order, to allow and determine all claims of indebtedness of said district, bonded or otherwise, and to provide for the payment of all of such indebtedness, including all bonded indebtedness which at that time remains unpaid. The court or chancellor in vacation is hereby authorized to allow reasonable fees and commissions to commissioners or liquidators, covering service rendered by them, who might be appointed by him to wind up the affairs of any of said drainage districts; to allow reasonable attorney's fees to the attorney or attorneys for any services rendered by him or them in bringing about the dissolution of said district and having its affairs wound up; and to provide for the payment of all of said fees and commissions. After said petition has been filed as herein authorized, no further debts shall be contracted or incurred by said district except such as may be allowed by the court.
Codes, 1942, § 4667; Laws, 1938, ch. 258.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 1 - PROVISIONS COMMON TO DRAINAGE DISTRICTS (§§ 51-33-1 — 51-33-127) › Section 51-33-117 - Dissolution of district by cumulative method; surplus funds; effect of dissolution

If it shall be made to appear to the court or chancellor in vacation on the hearing of any proceedings filed under Sections
51-33-105
through
51-33-121
that the district will have funds on hand after all of its debts and all expenses and court costs incident to said proceeding have been paid, then and in this event, the court or chancellor in vacation shall provide, order, and direct in the final decree dissolving said district that the said surplus shall be refunded among the landowners of said district on such pro rata, equitable, and just basis and terms as the court or chancellor shall find to be proper. After the final decree has been rendered by the court or chancellor in vacation in any proceeding instituted under said sections dissolving any drainage district, said district shall have no further existence and no further drainage taxes shall be levied against any of the lands embraced within the limits of said district. All of the unpaid benefits and assessments assessed against the lands in said drainage district for drainage purposes shall stand canceled, the lien therefor shall be unenforceable, and the court or chancellor in vacation shall so provide in the final decree rendered dissolving said drainage district.
Codes, 1942, § 4668; Laws, 1938, ch. 258.