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 51-29-139 - Extension may include lands of other drainage districts

Nothing contained in Sections
51-29-131
through
51-29-143
shall be construed as preventing the inclusion, in the boundaries of the drainage district to be extended, of any lands embraced in any other existing drainage district. Any such lands shall be and remain liable to the drainage district in which such land is located for assessments for benefits thereafter levied, by the new district as extended, if any benefits are received by them; and in like manner shall receive credit for any work done, or improvements made, which will benefit the land added to the drainage district as extended.
Codes, Hemingway's 1921 Supp. § 4487e; 1930, § 4523; 1942, § 4749; 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 51-29-141 - Separate accounts kept for extended districts

Separate accounts shall be kept by the treasurer and depositories for such extended districts, so as to show receipts and disbursements from and on account of the land embraced in the district as originally formed, and also from the land embraced in the territory added to such districts.
Codes, Hemingway's 1921 Supp. § 4487f; 1930, § 4524; 1942, § 4750; 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 51-29-143 - Provisions applicable to extended districts

All the provisions of this chapter shall apply to the organization and operation of extended existing drainage districts, as authorized by the provisions of Sections
51-29-131
through
51-29-143
, in so far as the same are or can be made applicable.
Codes, Hemingway's 1921 Supp. § 4487g; 1930, § 4525; 1942, § 4751; 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 51-29-145 - Consolidation of districts

The board of commissioners of any drainage district of the State of Mississippi organized and existing under and by virtue of this chapter, which embraces lands in three or more counties in the State of Mississippi and which supplies an outlet for the water of three or more drainage districts draining tributary streams, in its discretion may, by resolution adopted at any meeting of said board and spread upon its official minutes, declare its proposal and intent to combine the territory of all of the drainage districts for which it supplies a drainage outlet, hereinafter referred to as tributary drainage districts, with the territory of the district supplying said outlet so as to form a single consolidated drainage district embracing the territory of all of the said drainage districts to be under the governing authority of a single board.
The same discretionary authority shall also be vested in the board of commissioners of a drainage district of the State of Mississippi meeting the following qualifications:
(a)
That it was organized and is existing under and by virtue of this chapter;
(b)
That it is located in two counties in the State of Mississippi, one of which has a population in accordance with the last previous federal census of less than 20,000 and an assessed value on the basis of the 1930-1954 assessment rolls placing it in class 5, and the other of which has a population of less than 20,000 and an assessed value on the basis of the 1930-1954 assessment rolls placing it in class 6, where the combined area of all the drainage districts proposed to be consolidated is less than 24,000 acres; and
(c)
That it supplies an outlet for the water of one or more drainage districts through which there runs a continuous drainage canal shared by said districts and providing a combined drainage system for said districts.
Also, the same discretionary authority is vested in the board of drainage commissioners of any drainage district of the State of Mississippi located in one or more counties meeting only the qualifications of subsection (a) of this section whose drainage canal supplies an outlet for the water of one or more tributary drainage districts.
Codes, 1942, § 4752-01; Laws, 1950, ch. 430, § 1; Laws, 1958, ch. 458; Laws, 1960, 178.
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 51-29-149 - Consolidation hearing and decree

At said hearing, the court or chancellor in vacation, as the case may be, shall hear the written protests and objections against the proposed consolidation of said districts, if any be filed prior to the date set for said hearing; and unless, prior to said date of hearing, a majority of the landowners of said districts proposed to be consolidated, owning half or more of the combined land of said districts, shall have filed their written protests or objections against said proposed consolidation, shall enter a final decree, which shall have the force and effect of a judgment, consolidating said districts into a single drainage district embracing the combined territory of all of said several districts. The consolidated drainage district so formed shall have all of the power and authority of a drainage district organized under the provisions of this chapter, and shall have full, complete, and exclusive jurisdiction over such combined territory and of the complete and integrated systems of drainage of the said districts so consolidated. Any person aggrieved by said decree may appeal to the supreme court within twenty days after the date thereof.
Codes, 1942, § 4752-03; Laws, 1950, ch. 430, § 3.
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 51-29-151 - Commissioners of consolidated district

In the event of such consolidation as provided in Sections
51-29-145
through
51-29-157
, the court or chancellor in vacation immediately shall proceed to name said consolidated district, and to appoint to govern the same a board of commissioners to consist of five members, three of whom shall constitute a quorum for the transaction of business, and who shall possess the same qualifications now required by law for drainage commissioners. Two of such commissioners shall be appointed for a term of two years, two for terms of four years, and one for a term of six years, and all shall serve until their successors are appointed. Upon the expiration of the initial term of any commissioner, his successor shall serve for a term of six years and until his successor is appointed. The commissioners so appointed shall take and subscribe the oath required by law, and enter into bond for the faithful performance of their duties in a penalty to be fixed by the court or chancellor, to be approved by the clerk of said court.
Codes, 1942, § 4752-04; Laws, 1950, ch. 430, § 4.
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 51-29-153 - Transfer of powers of former commissioners

When said board of commissioners of said consolidated district have been appointed and have qualified as required by law, the several boards of commissioners of the said separate drainage districts shall cease to exist, and their power and authority shall terminate. They shall be divested of all of the power and authority theretofore vested in said several boards of commissioners, and all of their said power and authority and jurisdiction in respect to the territory and drainage improvements of their said respective separate districts shall vest in, and thereafter be exercised by, said board of commissioners of said consolidated district.
Codes, 1942, § 4752-05; Laws, 1950, ch. 430, § 5.
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 51-29-155 - Lien of outstanding obligations not impaired by consolidation

Nothing in Sections
51-29-145
through
51-29-157
, nor in any proceedings had under the provisions thereof, shall have the effect of impairing, releasing, or abrogating the lien of the principal of, or interest on, any outstanding bonds, notes, or other obligations of any of the said several drainage districts referred to herein. Such liens are hereby expressly retained and preserved, and the property of any of said drainage districts having any such bonds, notes, or other obligations outstanding at the time of said consolidation shall continue and remain liable for taxation as theretofore for the payment thereof as the same mature and become due. It shall be the duty of said board of commissioners of said consolidated district annually to cause to be levied taxes against said property in any such district, sufficient to pay and discharge any such bonds, notes, or other obligations of such district as they mature and become due.
Codes, 1942, § 4752-06; Laws, 1950, ch. 430, § 6.
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 51-29-157 - Powers and authority of consolidated district

Said consolidated drainage district shall have the same authority, power and jurisdiction over the combined territory of said separate districts, and over the integrated system of drainage thereof, as if it were a district organized and existing under and by virtue of this chapter. Such district shall have the further and additional power, authority, and jurisdiction to assess said combined territory, or any part thereof, with additional benefits and to levy taxes thereon for the purpose of raising money to preserve the said integrated system of drainage thereof, to clean out, widen, maintain, extend, deepen, and maintain the main and lateral canals thereof, and to construct such other and new canals as the board of commissioners of said consolidated drainage district may find advantageous to the efficient drainage of the said combined territory. In the exercise of said authority, power, and jurisdiction, said consolidated drainage district shall not be bound by any assessment previously made in any of said separate drainage districts, and may assess the said combined lands with benefits without regard to any former assessment of benefits in any separate district. In making said assessments, levying taxes, and in exercising its authority, jurisdiction, and control, said consolidated drainage district shall, insofar as the same is not inconsistent with Sections
51-29-145
through
51-29-157
, follow the procedures which shall have the effect provided by this chapter.
Codes, 1942, § 4752-07; Laws, 1950, ch. 430, § 7.
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 51-29-159 - Mineral leases

The board of commissioners of any drainage district heretofore and hereafter organized under the provision of this chapter are hereby authorized and empowered, in their discretion, to lease lands owned by the drainage district for oil, gas, and mineral exploration and development upon such terms and conditions and for such consideration as the board of commissioners of said district, in their discretion, shall deem proper and advisable.
Every such lease shall empower the lessee to enter upon the premises leased and to explore and develop such premises for oil, gas, or either of them, or such other minerals as may be included in the terms of said lease, and do all things necessary or expedient for the production and preservation of any such products.
All rentals, royalties, or other revenue payable under any leases executed pursuant to this section shall be paid to and collected by the treasurer of such drainage district, deposited in the drainage district fund, and used and expended in the same manner and subject to the same restrictions as provided by law in the case of other money belonging to such drainage district.
Any lease executed pursuant to this section shall inure to the benefit of the lessee named therein, his heirs and assigns, and in case the lessee be a corporation, to such lessee and its assigns.
Codes, 1942, § 4752.5; Laws, 1950, ch. 420, §§ 1-4.
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 51-29-161 - Reforestation procedure

The owner or owners of any tract or tracts of land situated within the boundaries of any drainage district that embraces land in more than one county of the state and was organized under this chapter may, in event the United States government, any agency or instrumentality thereof, or any corporation organized under an Act of the Congress of the United States for the purpose of engaging in any reforestation activity accepts a proposal of said owner or owners for the sale thereof, file a petition in the chancery court of the county in which the drainage district was organized, describing therein the tract or tracts of land in said district on which the proposal of said owner or owners for sale as aforesaid has been accepted as said tract or tracts are described in the assessment roll of the district, stating the total amount of assessments of benefits against each said tract and also the total amount thereof remaining unpaid at the time of the filing of such petition, and praying an acquittance of said tract or tracts from all outstanding indebtedness and assessments of benefits of said district whatever and a release thereof from the boundaries of said district on payment of the total amount of assessment of benefits of said district against said tract or tracts remaining unpaid on the filing of such petition. Thereupon the clerk of such chancery court shall issue notices, addressed to all the landowners of said district and to all holders of the outstanding indebtedness of said district, of a hearing on such petition at the next succeeding term of said court or in vacation at a time and place to be fixed by the chancellor, which notice shall be published in a weekly newspaper having a bona fide circulation in each county, any part of which is included within the boundaries of such district, for two successive issues.
Codes, 1942, § 4753; Laws, 1935, ch. 53.
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 51-29-163 - Hearing on reforestation petition

At said hearing, if said owner or owners shall have then paid over to the chancery clerk the amount set out in said petition and if all of the holders of not less than 95% in amount of the outstanding original indebtedness of the district and all of the holders of outstanding refunding bonds of said district shall have signified in writing, filed with the clerk of said court, their consent to receive the sum so paid as a credit on the said outstanding indebtedness held by them, the chancellor shall determine whether said amount is the true amount of the assessment of benefits of said district against said tract or tracts then remaining unpaid, whether or not the release of said tract or tracts as prayed for will interfere with the continued functioning of the improvements of said district, and whether or not the proposal of sale as set out in said petition is submitted in good faith and accepted as aforesaid. In event it is found that the sum tendered was the true amount of the assessments of benefits of said district against said tract or tracts remaining unpaid, that a release of said tract or tracts will not interfere with the continued functioning of the improvements made by said district, and that the proposal of sale as set out in said petition was submitted in good faith and accepted as aforesaid, the chancellor shall order an acquittance of said tract or tracts from liability for all the outstanding indebtedness of said district and release said tract or tracts from the boundaries of said district, on condition that the sale so proposed and accepted be consummated and a deed to said tract or tracts be delivered to the United States government, to any agency or instrumentality thereof, or to any corporation organized under an Act of the Congress of the United States for the purpose of engaging in reforestation activities. The effect of such order shall be to render said tract or tracts of land, on delivery of said deed, as fully free of any obligation, lien, or incumbrance arising from its inclusion in said district as if said tract or tracts had never been within said district.
Codes, 1942, § 4754; Laws, 1935, ch. 53.
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 51-29-165 - Disposition of proceeds of reforestation release

On the rendition of said order the chancery clerk shall pay over to the board of commissioners of said district the amount so paid in to him, which amount shall be held in a special fund to be deposited with the depository of said district under all protections now provided by law for the deposit of funds of drainage districts. Said special fund shall only be withdrawn thereafter in annual installments of the exact amount of the tax which would have been raised by the levy for the year in question from said tract or tracts, had same not been released from the district, and used by the commissioners only in payment of outstanding indebtedness of the district. However, if the holder or holders of the outstanding indebtedness of the district chargeable against the assessed benefits thereof consent to the release of said land or lands from the district, the sum so paid by the landowners shall be paid to such consenting holders of said indebtedness and immediately credited thereon.
Codes, 1942, § 4755; Laws, 1935, ch. 53.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-1 - Powers of drainage districts

Each drainage district heretofore organized in this state and each drainage district hereafter organized therein shall be a body corporate, shall have authority to sue in its own corporate name and be sued therein, may contract and be contracted with, may plead and be impleaded, and where organized or operating under the provisions of this chapter in its name may do and perform any and all things necessary and authorized by this chapter. All such acts may be done by its commissioners in the name of the district.
As an alternative to any existing right, power, and authority given to any drainage district operated by a board of county drainage commissioners, or to such commissioners, by the laws of the State of Mississippi now or hereafter enacted, all the provisions of the statutes of the State of Mississippi now or hereafter enacted relative to drainage districts operated by local commissioners, and to such local commissioners, shall apply to any drainage district heretofore or hereafter organized and operated by a board of county drainage commissioners, and to such commissioners.
Codes, 1906, § 1707; Hemingway's 1917, § 4295; 1930, § 4401; 1942, §§ 4606, 4606.8; Laws, 1964, ch. 209, eff. 4/23/1964.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-3 - Definitions

The terms "benefits" and "betterments," as used in this chapter are interchangeable and shall be construed as synonymous. The terms "ditches" and "drains" shall be construed to also include levees and closed drains, such as tiling, as well as open ditches.
Codes, Hemingway's 1917, § 4324; 1930, § 4423; 1942, § 4628; Laws, 1912, ch. 196.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-5 - General authority of drainage districts

Drainage districts may hereafter be organized in this state under the provisions of this chapter for the purpose of reclaiming wet, swamp, or overflowed lands for agricultural and sanitary purposes conducive to public health in the manner hereinafter provided and, when so organized, shall consist of a system of artificial main drains, lateral drains or ditches, natural drains and water courses, or levees. To the end that the purposes of the organization of such districts according to this system may be attained, they shall have and are given full power and authority to construct or to cause to be constructed such artificial main drains and ditches, lateral drains and ditches, and tile drains over the lands of others or over or on lands which may be acquired by said district, and to alter, deepen, or improve any and all natural drains and water courses as it may be necessary to alter, deepen, or improve so that a complete system of such drains may exist in the district for agricultural and sanitary purposes. Such districts may also, in addition to the construction of such drains, construct or erect over the land of others, or over the lands to be acquired by the drainage district or commission for that purpose, such levees as may be necessary to protect or reclaim any lands from overflow from any source.
Codes, 1906, § 1683; Hemingway's 1917, § 4264; 1930, § 4374; 1942, § 4579; Laws, 1924, ch. 266.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-7 - Exercise of authority

All drainage districts of the state heretofore organized or that may be hereafter organized, except as otherwise provided in Chapters 29 and 33 of this title, shall severally exercise their respective powers and be managed by three county drainage commissioners of the county in which the organization of the district was had and by the chancery court or chancellor in vacation of such county, as hereinafter provided in this chapter.
Codes, 1930, § 4371; 1942, § 4576.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-9 - Selection of county drainage commissioners

In every county in this state in which there is now a drainage district and in which a drainage district may hereafter be created or be proposed to be created under this chapter, the board of supervisors of such county shall select three county drainage commissioners for such county. The term of office of each commissioner shall be six years and until his successor is selected and has qualified, with said terms expiring at two-year intervals to insure the selection of one new commissioner every two years. Any vacancy in office of a county drainage commissioner in any county may be filled by the board of supervisors at any regular meeting of such board, which board is given the authority to fill all unexpired terms of any commissioner in the county.
Every resident citizen of any county, being the owner of land in said county and over 25 years of age, of good reputation, and of sound mind and judgment shall be eligible to hold the office of county drainage commissioner in the county of his residence.
If any commissioner shall refuse or neglect to discharge the duties imposed upon him by virtue of this chapter, or shall neglect or refuse to qualify as such commissioner after being selected for such office, the other two commissioners shall proceed to exercise the duties of their office and the business of said drainage district until the next meeting of said board of supervisors, when the office of the party refusing to perform or qualify shall be filled by the selection of another party in his stead.
Codes, 1906, §§ 1682, 1719; Hemingway's 1917, §§ 4261, 4308; 1930, §§ 4372, 4373, 4412; 1942, §§ 4577, 4578, 4617.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-11 - Oath and bond of drainage commissioners

Each person selected county drainage commissioner shall, before entering upon the discharge of the duties of the office, give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty not less than Fifty Thousand Dollars ($50,000.00). Such commissioner shall take and subscribe to an oath of office before said clerk that he will faithfully discharge the duties of the office, which oath shall also be filed with the said clerk.
Codes, 1906, § 1682; Hemingway's 1917, § 4261; 1930, § 4373; 1942, § 4578; Laws, 1986, ch. 458, § 40; Laws, 2009, ch. 467, § 18, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-13 - Compensation of commissioners

The commissioners each shall receive per diem compensation as provided by Section
25-3-69
for each day's actual service, not exceeding four (4) days in any one (1) calendar month, to be allowed on an itemized account rendered to the board of drainage commissioners and approved by the chancery court.
Codes, 1906, § 1716; Hemingway's 1917, § 4305; 1930, § 4409; 1942, § 4614; Laws, 1932, ch. 241; Laws, 1958, ch. 457; Laws, 1971, ch. 334, § 1; Laws, 1981, ch. 374, § 2, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-15 - Quorum

A majority of the commissioners shall constitute a quorum, and the concurrence of a majority of their number in any matter within their duties and authority under this chapter shall be sufficient to bind the said board.
Codes, 1906, § 1691; Hemingway's 1917, § 4271; 1930, § 4380; 1942, § 4585.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-17 - Secretary and treasurer of drainage districts

After the organization of a drainage district, the commissioners shall elect a secretary and treasurer, who may be a member of the board or may be any person qualified to fill the position. He shall give bond in such sum as the commissioners, with the approval of the chancellor, may determine and shall receive such compensation as the commissioners may allow, subject to approval by the chancellor. Such secretary and treasurer shall receive from the county tax collector, whose duty it shall be to collect, all monies levied by said drainage commissioners. The commissioners, with the approval of the chancellor, may designate the depository for such funds; such depository to be a qualified county depository; and upon their failure so to do, the funds shall be deposited as is now provided by law for funds belonging to the treasury of the county. The drainage commissioners of a district which has no bonds outstanding or which has a surplus fund in the treasury, by and with the approval of the chancellor, may place the surplus funds in a qualified county depository on savings account for six (6) months or more, at a rate of interest of not less than two percent (2%), or may loan said surplus funds on land in the county in which the district is organized, at a rate of interest of not less than six percent (6%) and on such terms and for such time as the chancellor may direct. Any such depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for county funds.
It shall be the duty of the treasurer to keep proper books to be furnished him by the commissioners, in which he shall keep an accurate account of all moneys received by him and of all disbursements of the same. He shall pay out no money except upon the order of a majority of the commissioners, shall carefully preserve on file all orders for the payment of money given him by the commissioners, and shall turn over all books, papers, vouchers, moneys and other property belonging to said district, in his hands as such treasurer, to his successor in office.
Codes, 1906, § 1704; Hemingway's 1917, § 4292; 1930, § 4400; 1942, § 4605; Laws, 1914, ch. 272; Laws, 1938, ch. 256; Laws, 1988, ch. 473, § 18, eff. 12/1/1988.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-19 - Employment of counsel

The drainage commissioners may employ an attorney to assist in the formation and administration of the drainage district, and to represent the district in all matters of a legal nature, at a fixed or agreed compensation, subject to the confirmation of the chancery court or chancellor in vacation, who may decrease but not increase such compensation.
Codes, 1930, § 4447; 1942, § 4673.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-21 - Creation of drainage districts on petition

Whenever a majority of the owners of lands within a district proposed to be organized into a drainage district, who shall have arrived at lawful age and who represent one third in area of the lands in such proposed district, or whenever one third of the land owners in such proposed district owning more than one half of the lands in said district desire to organize a drainage district for the construction of drains or ditches across the lands of others for agricultural and sanitary purposes, or to maintain and keep in repair any such drains and ditches heretofore constructed, or to establish in said district a combined system of drainage or protection from wash or overflow for agricultural and sanitary purposes, and to construct and maintain the same by special assessment upon the property benefited thereby, such owners may file in the chancery court a petition signed by a majority of the owners of said land who own one third of the lands proposed to be included in said district, or by one third of the owners of said lands who own more than one half of the lands in said proposed drainage district to be organized as aforesaid, setting forth the proposed name of said drainage district, the necessity for the same, the description of the lands to be included in said drainage district, the names of the owners when known, together with the post-office address of such owners if the same can be ascertained, and may pray for the organization of a drainage district by a name to be given to the same.
Codes, 1906, § 1684; Hemingway's 1917, § 4265; 1930, § 4375; 1942, § 4580.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-23 - Jurisdiction of organization

Where the land to be included in a proposed drainage district lies wholly within one county or a judicial district of a county, the petition for the organization of the district shall be filed in the chancery court of such county or judicial district. Where the lands to be included in such proposed drainage district lie in two or more districts or counties in this state, the petition shall be filed in the chancery court of the county or judicial district in which the greatest or greater number of acres of land to be included lie. Such chancery court or the chancellor thereof shall have jurisdiction of the entire drainage district, whether all of the proposed lands of the drainage district lie within the chancery court district, or a part of the lands lie outside thereof.
Codes, 1906, § 1685; Hemingway's 1917, § 4266; 1930, § 4376; 1942, § 4581; Laws, 1924, ch. 265.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-25 - Notice of petition

Upon the petition being filed in the office of the clerk of said chancery court, said clerk shall cause three weeks' notice of the filing of said petition to be given, addressed "To all persons interested," by posting notices thereof at the door of the courthouse of the county or counties in which the district is situated and in at least ten of the most public places in said proposed district, and also by publishing said notice at least once a week for three consecutive weeks in some newspaper or newspapers published in the county in which the larger part of said district lies, if there be any newspaper published in said county. Such notice shall state when and in what court said petition was and is filed, with the general description of the land included in the said proposed drainage district and the boundaries of said drainage district, and when the said petitioners will ask a hearing of said petition. If any of the landowners in said district are nonresidents of said county or counties in which said proposed district will lie, or nonresidents of this state, the petition shall be accompanied by an affidavit giving the names and post office address of said nonresidents, if known, and if unknown, stating that upon diligent inquiry their places of residence and post offices cannot be ascertained; and the clerk shall send a copy of the notice which has been published as above provided by registered mail to each of said nonresidents whose residence or post office is known, which notice shall be mailed by said clerk not later than five days before the date set for hearing of the petition. The certificate of the clerk, with registered letter receipts attached, or the affidavit of any other credible person affixed to copy of such notice shall be sufficient evidence of the posting, mailing, and publication of such notice.
Codes, 1906, § 1687; Hemingway's 1917, § 4267; 1930, § 4377; 1942, § 4582; Laws, 1910, ch. 188.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-27 - Date of hearing

The chancery court in which such petition shall be filed may hear the petition at any term thereof, or the chancellor of said court may fix a time to hear such petition at any time in vacation, may determine all matters pertaining thereto and all subsequent proceedings of the district when organized under this chapter, may adjourn the hearing from time to time, and may continue the case for want of sufficient notice or other good cause. If said petition shall prove defective in any manner, the petitioners, upon motion, shall be permitted to amend the same.
Codes, 1906, § 1688; Hemingway's 1917, § 4268; 1930, § 4378; 1942, § 4583.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-31 - Landowners may sign petition at hearing

At the time of the hearing of the petition for the organization of any district, any landowner or landowners desiring so to do may sign said petition and ask that his lands be attached to and made part of said district.
Codes, 1906, § 1725; Hemingway's 1917, § 4317; 1930, § 4421; 1942, § 4626.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-33 - Commissioners to estimate cost

As soon as may be after such petition shall be referred to said commissioners, or within such time as the court or chancellor may direct, the commissioners shall meet and go upon said lands and examine the same, and the lands over which the work is proposed to be constructed, and determine: first, the starting point, route, and termini of the proposed work, the location and size of the main ditch to be constructed in said drainage district, which in their opinion will successfully drain the said lands, and whether the drainage of the lands in such proposed drainage district is possible or not, provided that any ditch already constructed in such proposed drainage district may be used as a "main", or part of a main ditch, if found expedient and sufficient for the purposes of the district; second, the probable cost of same, including expenses and court costs; third, what land will be injured or damaged by the proposed work and the probable aggregate amount of damages such lands will sustain by reason of the laying out and construction of such ditch or ditches; fourth, what lands will be benefited by the construction of the proposed work, and whether the aggregate amount of benefits will equal or exceed the cost of the construction of such work. In the examination of such district and determination of the questions for said commissioners to determine, the said commissioners are authorized and empowered to employ an engineer to go with them upon the lands of said district and examine the same, make a map and profile thereof, and an estimate of the size and depth of the ditch or ditches required for main outlets for the drains of said lands, and the probable cost, and a profile thereof.
Codes, 1906, § 1692; Hemingway's 1917, § 4272; 1930, § 4381; 1942, § 4586; Laws, 1924, ch. 264.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-35 - Proceedings on report of commissioners

The commissioners shall also find and determine whether all of the lands in said proposed drainage district will be benefited thereby, or drain into and have their outlet by and through the drains and ditches to be constructed in said proposed drainage district. If they shall find, by reason of any errors, mistakes, or misunderstanding, that any part of the lands described in said petition do not drain into said watershed and proposed ditches and drains, they may report that the same shall be excluded from said district when organized. Upon the report of the commissioners being filed with the clerk of the court in which such proceedings are had, the said clerk shall cause three weeks' notice thereof to be given, addressed "To all persons interested," by publication in some newspaper in said county in which such proceedings are had, if there be any newspaper so published. If there be no newspaper so published, the notice shall be posted for three weeks in ten conspicuous places in said district, but he shall not be required to mail notices to any persons or give any other or further notice than the mere publication thereof. Such notice shall state the time of filing such report, that a map and description of the work laid off and proposed to be constructed is on file in his office, and a description of the lands, if any, proposed to be thrown out or excluded from said district, and upon what day application will be made for confirmation of said report, at which time all persons interested may appear and contest the confirmation thereof, or propose that the report ought to be modified in any particular, and offer any competent evidence in support thereof. The day fixed by the clerk for the hearing of said report shall be at a certain day of the next succeeding term of said court as provided by this chapter, or at a certain day in vacation when the chancellor of said court may appear and hear the same.
Codes, 1906, § 1693; Hemingway's 1917, § 4273; 1930, § 4382; 1942, § 4587.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-37 - Disposition of report

If upon the hearing of said report and of objections made thereto, the court or chancellor shall be of opinion that said drainage district should be organized, he shall order the confirmation of said report and declare said district duly organized. If it shall appear to the court or chancellor that additional ditches or drains for main outlets not named in the report are necessary, the court or chancellor shall modify the same to conform to the equities in the premises; or if not sufficiently informed, the court or chancellor may refer the said report back to the commissioners for correction, may order the commissioners to correct and reform their report, and may make directions how they shall reform their report. The court may make all necessary orders in the premises for the continuance of the hearing of said report and the confirmation thereof.
If the report be referred back to the commissioners for amendment, the court or chancellor may fix a day when the commissioners may again present their report, in which case the hearing shall stand adjourned to that date and no further notice shall be required thereof.
Codes, 1906, §§ 1694, 1695; Hemingway's 1917, §§ 4274, 4275; 1930, §§ 4383, 4384; 1942, §§ 4588, 4589.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-39 - Form of court's order

If, after hearing all objections, if any, to the report of the commissioners and all applications, if any, to annex other lands to the proposed district by the owners of such lands, the court or chancellor finds that a drainage district should be organized, the map of the same shall be recorded and the order may be entered according to the findings of the court or chancellor, substantially as follows:
"The State of Mississippi
County of ____________________
____________________ Term, A.D. 20____________________.
In the matter of the petition to organize ____________________ drainage district in the county of ____________________ and State of Mississippi.
This day the report of the drainage commissioners of said county, filed in this cause, having been heard, and it appearing to the court or chancellor that due notice has been given "to all persons interested" for the length of time and in the manner required by law of the application to this court for the confirmation of said report, and the court or chancellor having duly examined said report and considered all objections to the same, it is ordered by the court that the report of said commissioners (or if modified by the court, say as modified by the court) be, and the same is, hereby confirmed; and the court further finds that the work proposed in said petition to be done will be beneficial for agricultural and sanitary purposes to the owners of the lands within said proposed district. And the court also finds that the persons who have signed said petition are of lawful age and owners of land in number and quantity as required by law. And it is further hereby ordered and decreed by the court that said district be, and the same is, hereby duly organized as a body politic and corporate by the name and style of ____________________ drainage district in the county of ____________________ and the State of Mississippi."
But if the court, after hearing said report and objections, finds that the work proposed in said petition and the report with estimated costs by the drainage commissioners will not be sufficiently beneficial and justifiable for agricultural and sanitary purposes to the owners of the lands within said proposed drainage district, then an order shall be entered on the minutes of the court dismissing the petition and disallowing the organization of the proposed drainage district; and all costs and expenses shall be adjudged against the petitioners for the proposed drainage district.
Codes, 1906, § 1696; Hemingway's 1917, § 4276; 1930, § 4385; 1942, § 4590; Laws, 1910, ch. 189; Laws, 1932, ch. 285.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 31 - DRAINAGE DISTRICTS WITH COUNTY COMMISSIONERS (§§ 51-31-1 — 51-31-143) › Section 51-31-41 - District declared organized

Upon entering such order of record upon the minutes of said court, said district is hereby declared by law to be organized as a drainage district, by the name mentioned in such petition and order of the court or chancellor in vacation and by the boundaries fixed by the order confirming the report of said commissioners, and is hereby declared to be a body politic and corporate by the name mentioned in said order of the court, with the right to have perpetual succession and to adopt and use a corporate seal. The commissioners and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authorities of said district and shall exercise the functions conferred upon them by this chapter.
Codes, 1906, § 1697; Hemingway's 1917, § 4277; 1930, § 4386; 1942, § 4591.