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 51-33-119 - Dissolution of district by cumulative method; appeals

The hearing and trial of any proceeding instituted under the terms of Sections
51-33-105
through
51-33-121
shall be conducted as other hearings and trials are conducted in the chancery court or by the chancellor in vacation, except as hereinabove provided. Any person feeling aggrieved by a final decree rendered by the court or chancellor in vacation in any of said proceedings shall have a right to appeal therefrom to the supreme court of Mississippi, which appeal shall be taken within twenty days from the date of said final decree.
Codes, 1942, § 4669; 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 51-33-121 - Law as additional method of dissolution

Sections
51-33-105
through
51-33-121
shall be cumulative and additional and supplementary to any and all other laws of the State of Mississippi which provide for the dissolution of drainage districts and for the affairs of said districts to be wound up. In the event a petition filed under said sections is dismissed, the same shall be dismissed without prejudice and another may be filed again thereafter whenever the petitioners are able to bring themselves within the terms of said sections.
Codes, 1942, § 4670; 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 51-33-123 - Saving statute

Drainage districts heretofore organized under the provisions of any law and amendments thereto not brought forward in this code shall have the privilege of continuing to operate under such law, and the adoption of this code shall not be held to repeal any such law or laws and amendments thereto, in so far as such districts are concerned. However, all drainage districts hereafter created must be organized and shall operate under the provisions of Chapters 29, 31 and 33 of Title 51, Mississippi Code of 1972.
Codes, 1930, § 4527; 1942, § 4756.
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 51-33-125 - Transfer of powers, duties and responsibilities of dissolved drainage districts with federally funded water impoundment structures to county soil and water conservation districts

The duties, powers and responsibilities of a drainage district with water impoundment structures constructed with financing from the United States under Public Law 534 or Public Law 566, 83rd Congress of the United States, or both, may be transferred to the county soil and water conservation district if it becomes apparent that such drainage district should be dissolved, but future oversight, maintenance and operation are required for the existing structures.
Laws, 2001, ch. 474, § 1, eff. 7/1/2001.
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 3 - PROVISIONS COMMON TO SWAMP LAND DISTRICTS (§§ 51-33-201 — 51-33-207) › Section 51-33-201 - Appointment of commissioners; bond

Swampland districts heretofore organized under the provisions of Sections 371 through 391, inclusive, of the Code of 1906 and amendments thereto shall continue to operate under the provisions of said laws, and the adoption of this Code of 1972 shall not be held to repeal such laws insofar as any of such districts are concerned. However, no districts shall hereafter be organized under said laws.
In all cases where there are no commissioners of such a swampland district now in office, the board of supervisors of the county in which a swampland district is located shall have the power and authority to appoint three (3) commissioners for such swampland district, whose term of office shall be for a period of four (4) years from the date of such appointment. In the event a vacancy in the office of any such commissioner shall result from death, resignation or any other cause, such vacancy shall be filled by the board of supervisors by appointment for the unexpired term; and upon the expiration of the term of office of any commissioner appointed hereunder, the board of supervisors shall appoint his successor for a like term of four (4) years. All commissioners appointed under the provisions of this article shall 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).
Codes, 1930, § 4528; 1942, § 4757; Laws, 1950, ch. 469, § 1; Laws, 1986, ch. 458, § 41; Laws, 2009, ch. 467, § 19, 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 33 - PROVISIONS COMMON TO DRAINAGE DISTRICTS AND SWAMP LAND DISTRICTS (§§ 51-33-1 — 51-33-207) › Article 3 - PROVISIONS COMMON TO SWAMP LAND DISTRICTS (§§ 51-33-201 — 51-33-207) › Section 51-33-203 - Duties and powers of commissioners

The commissioners provided for herein shall have control and management of all of the affairs of such swamp land district, shall have the power and authority to make improvements to and to maintain the existing drainage channel or channels of such district, and shall have the power to contract and cooperate with any appropriate agency of the United States government in so improving or maintaining any such channel or channels.
The commissioner shall have the further power and authority to expend the funds of such district for such purposes and all other proper and necessary purposes.
Codes, 1942, § 4757-01; Laws, 1950, ch. 469, § 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 3 - PROVISIONS COMMON TO SWAMP LAND DISTRICTS (§§ 51-33-201 — 51-33-207) › Section 51-33-205 - Tax levy

When so recommended by such commissioners, the board of supervisors of the county wherein such swamp land district is located shall have the power and authority to levy an annual tax upon all the lands included in such district, which said tax shall not exceed twenty cents (20¢) per acre in any one year. All of the provisions of said Sections 371 to 391, inclusive, Mississippi Code of 1906, as amended, shall control the manner and method of the levying, collection, and distribution of such tax; and the proceeds thereof may be expended for the purposes herein authorized.
Codes, 1942, § 4757-02; Laws, 1950, ch. 469, § 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 3 - PROVISIONS COMMON TO SWAMP LAND DISTRICTS (§§ 51-33-201 — 51-33-207) › Section 51-33-207 - General authority of commissioners

The said commissioners shall have full power and authority to do and perform all acts and things necessary and desirable in carrying out the purposes of this article and shall have all powers set forth in said Sections 371 to 391, Code of 1906.
Codes, 1942, § 4757-03; Laws, 1950, ch. 469, § 4.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-1 - Drainage district agreements to maintain works

The commissioners of any drainage district heretofore or hereafter organized under the laws of the State of Mississippi, acting on behalf of the district or in cooperation with other drainage districts, are hereby authorized and empowered to give satisfactory assurances to the United States of America or any agency thereof that any and all flood control works, constructed either within or without the district by the United States of America or any agency thereof, shall be maintained without expense to the United States. The commissioners of any drainage district are hereby authorized and empowered on behalf of the district to enter into agreements with the commissioners of other drainage districts for carrying out the purposes of Sections
51-35-1
through
51-35-7
.
Codes, 1942, § 4763; Laws, 1936, ch. 325.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-3 - Relocation of roads outside drainage district

The commissioners of any drainage district agreeing as herein provided to maintain flood control works constructed by the United States of America or any agency thereof are hereby authorized and empowered to appropriate money and to pay the same to the proper state, county, or district authority as reimbursement for the cost of locating, relocating, building, or rebuilding of any roads and highways outside the limits of the district, when the same shall be rendered necessary by the construction of flood control works, and to give satisfactory assurances to the United States of America or any agency thereof that the location, relocation, building, or rebuilding of such roads and highways shall be done without expense to the United States of America.
Codes, 1942, § 4764; Laws, 1936, ch. 325.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-5 - Donations of land to drainage district

The commissioners of any drainage district entering into agreement with the United States of America or any agency thereof, as hereinbefore provided, are hereby authorized and empowered to accept for the district the conveyance of any lands, within or without the district, and to use, rent, lease, and convey the same for the benefit of the district in the maintenance of flood control works and improvements. Such lands when vested in the district shall be subject to taxation as are other lands, and said commissioners are hereby authorized and empowered to pay such taxes out of any available funds other than sinking funds being accumulated for the retirement of district bonds and payment of interest thereon; and such drainage districts are hereby authorized and empowered to pay such taxes out of any available fund.
Codes, 1942, § 4765; Laws, 1936, ch. 325; Laws, 1938, ch. 259.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-7 - Drainage district tax for maintenance

The commissioners of any drainage districts entering into such agreements as are herein provided are authorized and empowered to fix and levy an annual ad valorem tax of not exceeding two mills on the dollar upon all of the real and personal property in the district, for the purpose of defraying the costs of maintenance of flood control works and the costs of location, relocation, building, and rebuilding of roads and highways without the limits of the district. Such levy shall be certified by the commissioners to the board of supervisors of the proper county before the time fixed by law for the levying of county taxes; and the board of supervisors shall, at the time fixed for the levying of county taxes, levy such tax and certify said levy to the tax collector, who shall collect such taxes as other taxes of the county are collected.
Codes, 1942, § 4766; Laws, 1936, ch. 325.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-9 - Drainage district agreements to furnish rights of way

The commissioners of any drainage district heretofore or hereafter organized under the laws of the State of Mississippi, acting on behalf of the district or in cooperation with other drainage districts, are hereby authorized and empowered to give satisfactory assurances to the chief of engineers of the United States Army, to the Mississippi River Commission, to the United States district engineer, or to any other agency of the United States government that they will furnish rights of way for all levees and drainage ditches within or without the district for any and all flood control works, including levees and ditches constructed by the United States of America or any agency thereof, within or without the district. The commissioners of any drainage district are hereby authorized and empowered on behalf of the district to enter into agreements with the commissioners of any other drainage districts for carrying out the purposes of Sections
51-35-9
through
51-35-13
.
Codes, 1942, § 4766-01; Laws, 1946, ch. 181, § 1.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-11 - Acquisition of rights of way by drainage districts

The commissioners of any drainage district agreeing as herein provided to furnish rights of way for levees and drainage ditches for flood control work constructed by the United States of America, or any agency thereof, are hereby authorized and empowered to acquire or condemn rights of way for levees and drainage ditches inside and outside of the district in the same manner as the commissioners are now authorized to acquire or condemn rights of way and easements for the construction of other drainage works within the district.
Codes, 1942, § 4766-02; Laws, 1946, ch. 181, § 2.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-13 - Drainage district tax for rights of way

The commissioners of any drainage district entering into such agreements as are herein provided are hereby authorized and empowered to fix and levy an annual ad valorem tax of not exceeding two mills on the dollar upon all of the real and personal property in the district, for the purpose of defraying the expenses of acquiring or condemning and furnishing rights of way for levees and drainage ditches within or without the limits of the district. Such levy shall be certified by the commissioners to the board of supervisors of the proper county before the time fixed by law for the levying of county taxes; and the board of supervisors shall, at the time fixed by law for the levying of county taxes, levy such tax and certify said levy to the tax collector, who shall collect such taxes as other taxes of the county are collected.
Codes, 1942, § 4766-03; Laws, 1946, ch. 181, § 3.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-15 - County agreements for rights of way and maintenance

The board of supervisors of any county through any part of which any river or other stream may run, or any part of which any river or other stream may touch or border, on which the United States of America has authorized flood control improvements, including channel clearing, channel improvement, cut-offs, levees, dams, or other flood control improvements, is hereby authorized and empowered, for that part of such river or stream running through any part of said county or bordering or touching said county, as aforesaid, to give satisfactory assurances to the United States of America or any agency thereof including the Secretary of War, that it will:
(a)
Provide, without cost to the United States, all lands, easements, and rights of way necessary for the construction of the project;
(b)
Hold and save the United States free from damages due to the construction of the works; and
(c)
Maintain and operate all of the works after completion in accordance with regulations prescribed by the Secretary of War, under the terms of the Flood Control Act of June 22, 1936, or any other similar Flood Control Act of the United States.
Any such board of supervisors is also hereby authorized and empowered to accept the conveyance of any lands, easements, and rights of way over and on behalf of any lands that may be benefited by the maintenance of such works; to accept assurances from landowners whose property is benefited by such flood control improvements, to levy, assess, and collect such taxes on said area so benefited as will be necessary; to save and hold the United States free from all damages due to the construction of the works; to exercise the right of eminent domain for the condemnation of rights of way and easements in like manner as is exercised by boards of supervisors for the condemnation of public road rights of way; to maintain such works in said county after completion, and generally to accept agreements for landowners benefited by such flood works to save the county harmless on account of said assurances given by the county as aforesaid to the United States of America or any agency thereof, including the Secretary of War.
This section shall apply to any county lying wholly within a levee district, or to that part of a county lying within a levee district.
This section shall not apply to any county in which a reservoir project, as a part of a United States government flood control program, shall have been begun prior to the first day of January, 1938.
Codes, 1942, § 4767; Laws, 1938, ch. 314.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-19 - Alteration, relocation, or abandonment of county roadways

(1)
The authority granted to boards of supervisors under Section 170 of the Constitution of the State of Mississippi shall be construed to include the right to enter into agreements with the United States for the alteration, relocation, reconstruction, or abandonment of county roadways and the conveyance of easements for term of years, perpetual easements, or fee simple title to the portions of county roadways affected by the construction of flood control projects approved and adopted by the United States or any agency thereof.
(2)
Such agreements shall be based upon a consideration deemed reasonable by the board of supervisors and the government.
(3)
Any such alteration, relocation, or abandonment of county roadways shall be made pursuant to the authority and procedure of law now in force and effect.
(4)
The conveyance of the necessary interest in any such county road right of way shall be for and on behalf of the county and executed by the then acting president of the board, attested by the clerk, and under proper resolution. Such conveyance may include a clause releasing the United States from any further claim as to the county on account of the construction of such flood control project and alteration, relocation, reconstruction, or abandonment of a county roadway or any portion thereof.
Codes, 1942, § 4767.5; Laws, 1944, ch. 205, §§ 1-4.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-21 - Contribution to cost of acquiring land for improvements outside county

The board of supervisors of any county through any part of which any river or other stream may run, or any part of which any river or stream may touch or border, on which the United States of America or any agency thereof has authorized flood control improvements, including channel clearing, channel improvement, cut-offs, levees, dams or other flood control improvements, when any of the lands of said county will be benefited by flood control improvements so authorized by the United States of America or any agency thereof to be constructed or made outside the border of such county, is hereby authorized and empowered to contribute to the cost of acquisition of land, easements and rights-of-way necessary for the construction of such flood control improvements outside the border of such county, provided such contribution shall be made to that county, flood control district or other agency authorized by law to acquire lands, easements or rights-of-way for such improvements, which acquires the same pursuant to request therefor from the United States of America. However, this authority to purchase lands shall allow only purchase of lands in counties lying wholly or partly within a levee district.
Said board of supervisors is hereby authorized:
(a)
To expend for such purposes not to exceed the sum of Ten Thousand Dollars ($10,000.00) from the county general fund, whether or not the expenditure thereof be in excess of the budget for the fiscal year adopted by such board;
(b)
To fix and levy annually for such purposes, in addition to any tax that such boards are now authorized by law to levy and in excess of the limitations now provided by law for the levying of taxes by such boards, an ad valorem tax on all the lands and property in the county, not to exceed three (3) mills on the dollar on the assessed valuation on all real and personal property in the county, including railroads; and
(c)
To borrow funds not in excess of Ten Thousand Dollars ($ 10,000.00) at interest rates not to exceed five percent (5%) per annum and to issue bonds for such purposes.
Codes, 1942, § 4767.7; Laws, 1950, ch. 422, §§ 1, 2; Laws, 1986, ch. 400, § 39, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-23 - Apportionment of federal funds

All moneys paid to the State of Mississippi by the United States on account of leases of flood control lands under the provisions of the Flood Control Act, as amended June 28, 1938 (52 U.S. Statutes at Large, page 1221), shall be apportioned by the state treasurer to the several counties in which such flood control lands are located and from which the moneys were received by virtue of the lease of flood control lands, as may be determined by the United States, or department thereof, in settling with the state treasurer under the terms and provisions of the Flood Control Act.
The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository, and fifty per cent (50%) of such funds shall be expended for the benefit of the public schools and fifty per cent (50%) of such funds shall be expended for the benefit of public roads of the county, or counties, in which such flood control lands are situated. Where no schools are located in any affected area entitled to moneys under the provisions of said Flood Control Act, then all of such moneys so apportioned to such affected area may be spent for the benefit of public roads in the area.
Codes, 1942, § 4768; Laws, 1942, ch. 319; Laws, 1950, ch. 428.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 1 - FLOOD CONTROL AGREEMENTS WITH UNITED STATES (§§ 51-35-1 — 51-35-25) › Section 51-35-25 - Authorization for annual fee to be imposed on landowners selling reforestation easements; limitation on amount of fee; proceeds to be used to provide road maintenance; fire and police protection; and other services

(1)
As used in this section:
(a)
"Project" means the Yazoo Basin, Yazoo Backwater, Mississippi, Project authorized by the Flood Control Act of 18 August 1941 and the Water Resources Development Act of 1986.
(b)
"Project area" means land in Humphreys, Issaquena, Sharkey, Warren, Washington and Yazoo Counties located at or below the one hundred-year frequency flood elevation.
(c)
"Reforestation easement" means an easement on open agricultural land located in the project area that restricts the future use of the property to woodlands that is purchased from a landowner by the Corps of Engineers or other governmental entity for purposes specifically related to the project.
(2)
The board of supervisors of any county in the project area may, in its discretion, require all landowners in the county who sell reforestation easements in the project area for purposes specifically related to the project to annually pay a fee in an amount not to exceed Four Dollars ($4.00) per acre, on each acre of property for which a landowner sold such an easement. The proceeds of the fee shall be used by the board of supervisors to provide services such as road maintenance, fire protection and police protection, and other services necessary for the maintenance and protection of reforestation easements in the project area. If the federal government provides funds to counties in the project area which may be used by the counties to provide such services necessary for the maintenance and protection of reforestation easements in the project area, the board of supervisors of a county receiving such federal funds shall reduce any fee imposed under this section by a proportionate amount based on the ratio that the amount of federal funds received by the county bears to the cost of providing such services.
Laws, 2000, ch. 528, § 1, eff. 4/30/2000.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 3 - FLOOD CONTROL DISTRICTS [Repealed] (§§ 51-35-101 — 51-35-195) › Section 51-35-101 - through 51-35-125 - [Repealed]

Repealed by Laws, 1997, ch. 403, § 9, eff.7/1/1997.
§ 51-35-101 through § 51-35-105. [Codes, 1942, §§ 4824, 4825, 4769; Laws, 1936, ch. 188, §§ 1, 54-58] § 51-35-107. [Codes, 1942, § 4770; Laws, 1936, ch. 188, § 2; 1954, ch. 154] § 51-35-109 through § 51-25-115. [Codes, 1942, §§ 4771-4774, 4780-4782; Laws, 1936, ch. 188, §§ 3-6, 10-12] § 51-35-117. [Codes, 1942, §§ 4775, 4778; Laws, 1936, ch. 188, §§ 2, 8; 1938, ch. 343, § 1; 1946, ch. 217, § 2] § 51-35-119 through § 51-35-125. [Codes, 1942, §§ 4776, 4777, 4779, 4782; Laws, 1936, ch. 188, §§ 8, 9, 12]
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 3 - FLOOD CONTROL DISTRICTS [Repealed] (§§ 51-35-101 — 51-35-195) › Section 51-35-127 - through 51-35-145 - [Repealed]

Repealed by Laws, 1997, ch. 403, § 10, eff.7/1/1997.
Codes, 1942, §§ 4783-4788, 4796, 4798, 4799; Laws, 1936, ch. 188, §§ 13-18, 26-28
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 3 - FLOOD CONTROL DISTRICTS [Repealed] (§§ 51-35-101 — 51-35-195) › Section 51-35-147 - through 51-35-193 - [Repealed]

Repealed by Laws, 1997, ch. 403, § 11, eff.7/1/1997.
§ 51-35-147 through § 51-35-151. [Codes, 1942, §§ 4797, 4801, 4804; Laws, 1936, ch. 188, §§ 27, 30, 34] § 51-35-153. [Codes, 1942, § 4789; Laws, 1936, ch. 188, § 19; 1938, ch. 343, § 2] § 51-35-155 through § 51-35-159. [Codes, 1942, §§ 4790-4792; Laws, 1936, ch. 188, §§ 20-22] § 51-35-161. [Codes, 1942, § 4793; Laws, 1936, ch. 188, § 23; 1938, ch. 343, § 3] § 51-35-163. [Codes, 1942, § 4794; Laws, 1936, ch. 188, § 24] § 51-35-165. [Codes, 1942, § 4795; Laws, 1936, ch. 188, § 25] § 51-35-167. [Codes, 1942, § 4800; Laws, 1936, ch. 188, § 29; 1946, ch. 217, § 1] § 51-35-169. [Codes, 1942, § 4802; Laws, 1936, ch. 188, § 31] § 51-35-171. [Codes, 1942, § 4803; Laws, 1936, ch. 188, § 32; 1938, ch. 343, § 4] § 51-35-173. [Codes, 1942, § 4803-01; Laws, 1946, ch. 270, § 4] § 51-35-175. [Codes, 1942, § 4805; Laws, 1936, ch. 188, § 35] § 51-35-177. [Codes, 1942, § 4806; Laws, 1936, ch. 188, § 36; 1938, ch. 343, § 5; 1946, ch. 270, § 1] § 51-35-179. [Codes, 1942, § 4807; Laws, 1936, ch. 188, § 37; 1946, chs. 270, § 2, 300, § 1] § 51-35-181. [Codes, 1942, § 4808; Laws, 1936, ch. 188, § 38; 1938, ch. 343, § 6; 1946, chs. 270, § 3, 300, § 2] § 51-35-183. [Codes, 1942, § 4809; Laws, 1936, ch. 188, § 39; 1968, ch. 361, § 7] § 51-35-185 through § 51-35-189. [Codes, 1942, §§ 4810-4812; Laws, 1936, ch. 188, §§ 40-42] § 51-35-191. [Codes, 1942, § 4813; Laws, 1936, ch. 188, § 43] § 51-35-193. [Codes, 1942, § 4814; Laws, 1936, ch. 188, § 44]
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 3 - FLOOD CONTROL DISTRICTS [Repealed] (§§ 51-35-101 — 51-35-195) › Section 51-35-195 - through 51-35-213 - [Repealed]

Repealed by Laws, 1997, ch. 403, § 12, eff.7/1/1997.
§ 51-35-195 through § 51-35-207. [Codes, 1942, §§ 4815-4821; Laws, 1936, ch. 188, §§ 45-51] § 51-35-209. [Codes, 1942, § 4823; Laws, 1936, ch. 188, § 53; 1938, ch. 343, § 7] § 51-35-211. [Codes, 1942, § 4826; Laws, 1936, ch. 188, § 59] § 51-35-213. [Codes, 1942, § 4826-01; Laws, 1946, ch. 217, § 3]
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-301 - Citation

This article may be cited as the Urban Flood and Drainage Control Law.
Codes, 1942, § 3665-01; Laws, 1962, ch. 226, § 1, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-303 - Legislative determination and declaration of policy

(a)
It is hereby declared, as a matter of legislative determination, that the lands and properties along the waterways and rivers of the state are among its basic resources, that the overflow and surface waters of the state have not heretofore been conserved or fully controlled to realize their full beneficial use, that the control of such waters is necessary to insure adequate protection to the inhabitants of the State of Mississippi and their properties, and to the municipalities of the State of Mississippi, to promote the balanced economic development of the state and to aid in flood control, conservation, and development of lands and property, and of the general health and welfare of the people of the State of Mississippi. It is further determined and declared that the diversion and control of the waters of any rivers on their tributaries and their overflow waters in or near municipalities for the protection and development of domestic, municipal, commercial, industrial, and manufacturing functions, for flood control, and for pollution abatement are, as a matter of public policy, for the general welfare of the entire people of the State of Mississippi.
(b)
The creation of flood and drainage control districts to control the waters of the rivers of the State of Mississippi or their tributaries and their overflow waters is determined to be necessary and essential to the accomplishment of the aforesaid purposes and this article operates on a subject in which the state at large is interested. All the terms and provisions of this article are to be liberally construed to effectuate the purposes herein set forth, this being a remedial law.
Codes, 1942, § 3665-02; Laws, 1962, ch. 226, § 2, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-305 - General authority to organize

Flood and drainage control districts may now or hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided, whenever any part of such district lies wholly or partially in or adjacent to any part of a municipality having a population of ten thousand (10,000) or more inhabitants at the time of the filing of the petition to create such district. For the purposes of determining population of any municipality, the last completed census prior to the filing of such petition shall be presumed to be the population of such municipality at the time of the filing of such petition. Each flood and drainage control district shall be an agency of the state and a body politic and corporate, and may be composed of one or more entire municipalities or a part or parts thereof, one or more entire counties or a part or parts thereof, or any combination of counties and municipalities or a part or parts thereof.
Codes, 1942, § 3665-03; Laws, 1962, ch. 226, § 3; Laws, 1999, ch. 510, § 3; Laws, 2001, ch. 568, § 1; Laws, 2006, ch. 337, § 1; Laws, 2008, ch. 311, § 1, eff. 3/17/2008.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-311 - Hearing

The chancery court in which said 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, may adjourn the hearing from time to time, and may continue the case for want of sufficient notice or other good cause; and if said petition shall prove defective in any manner, the petitioners, upon motion, shall be permitted to amend the same.
Upon the day set for hearing said petition, or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same. If upon the hearing of such petition, it is found that such project is feasible from an engineering standpoint and practical, and if the creation of the flood and drainage control district under the terms of this article would meet a public necessity and would be conducive to the public welfare, such court or chancellor shall so find and shall make and enter an order upon the minutes of the said chancery court stating that the said district, under the proposed name thereof, should be organized subject to all of the terms and provisions of this article. The chancellor shall have the power to change, alter, enlarge, diminish, or otherwise vary the areas to be included in such district from those set forth in said petition in such a manner that said district shall best meet the public necessity and be conducive to the public welfare, as disclosed by the evidence at the hearing.
Codes, 1942, §§ 3665-06, 3665-07; Laws, 1962, ch. 266, §§ 6, 7, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-313 - Appeal as preference case

Any person interested in or aggrieved by the final order of the court or of the chancellor, creating the district or dismissing the petition, and who was a party to the proceedings in the chancery court, may prosecute an appeal therefrom within ten days from the date of such decree by furnishing an appeal bond in the sum of five hundred dollars ($500.00) with two good and sufficient sureties, conditioned to pay all costs of the appeal in the event the decree is affirmed. Such appeal bond shall be subject to the approval of the chancery clerk. When the transcript of the record of the case shall be filed in the office of the supreme court, the appellee having been summoned to appear and answer the appeal, ten days after service of the summons on appellee or his attorney the court shall consider such case as entitled to be heard. Any party to any proceedings in any court involving any of the provisions of this article may waive any time for filing pleadings so as to obtain an earlier hearing.
Any appeal from such order or decree of the chancery court or chancellor shall be a preference case in the supreme court and shall be tried at the earliest moment convenient with said court.
Codes, 1942, § 3665-08; Laws, 1962, ch. 226, § 8, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-319 - Construction contracts

All construction contracts of the district, which shall be let solely by the district shall comply with state purchasing and bid laws and the board of directors of the district shall award the contract pursuant to state purchasing and bid laws. The contractor will comply with the terms imposed by such board and enter into bond with sufficient sureties, to be approved by the board, in such penalty as shall be fixed by such board, but in no case to be less than the contract price, conditioned for the prompt, proper, and efficient performance of the contract.
Codes, 1942, § 3665-11; Laws, 1962, ch. 226, § 11, eff. 3/20/1962.
Amended by Laws, 2013, ch. 436, SB 2674, 4, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-321 - Appropriation permit

The district is empowered to obtain through appropriate hearings an appropriation permit or permits from the Board of Water Commissioners of the State of Mississippi, as provided in Section
51-3-31
.
Codes, 1942, § 3665-12; Laws, 1962, ch. 226, § 12, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-323 - Board of directors to issue bonds

The board of directors of the district is hereby authorized and empowered to issue bonds of the district for the purpose of paying the costs of creating said districts, acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related charges, interest during construction, engineering, legal, and other expenses incidental to and necessary for the foregoing, or for the carrying out of any power conferred by this article. Said board of directors is authorized and empowered to issue such bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors. After the issuance and sale of the amount of bonds first voted in any such district under the provisions of this article, no additional bonds shall thereafter be voted, issued, or sold under the provisions of this article to an amount which, when added to the amount of outstanding bonds, will exceed twenty per cent (20%) of the assessed value of all taxable property within such district, according to the then last completed state and county assessment for taxation. All such bonds so issued by said district shall be secured solely by the pledge of the avails of the ad valorem tax levy provided for in this article, such bonds shall not constitute general obligations of the State of Mississippi or of the counties or municipalities comprising said district, and such bonds shall not be secured by a pledge of the full faith, credit, and resources of said state or of said counties or municipalities. Bonds of the district shall not be included in computing any present or future debt limit of any county or municipality in such district under any present or future law.
Codes, 1942, § 3665-13; Laws, 1962, ch. 226, § 13, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-325 - Declaration of intent to issue revenue bonds; contents and publication of resolution; protest; election on question of issuance of bonds

Before issuing any revenue bonds hereunder, the board of directors of the district shall adopt a resolution declaring its intention to so issue, stating the amount of bonds proposed to be issued, the purpose for which the bonds are to be issued, and the date upon which the governing body proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the district. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such district, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in the district, and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in the district. If twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors living or owning property in the district shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as herein provided. If no such protest be filed, then such bonds may be issued without an election at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the board of directors of the district, in its discretion, may nevertheless call an election on the question of the issuance of the bonds, in which event it shall not be necessary to publish the resolution declaring its intention to issue bonds as herein provided.
Codes, 1942, § 3665-14; Laws, 1962, ch. 226, § 14, eff. 3/20/1962.
Amended by Laws, 2013, ch. 436, SB 2674, 5, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-327 - Manner of holding election

Such elections shall be held, as far as is practicable, in the same manner as elections are held in county bond elections. In conducting such elections, the flood and drainage control district shall be divided into election districts in accordance with the then existing election districts created under the provisions of Section
23-5-9
of the Mississippi Code of 1972; and there shall be one voting place in each election district, which voting place shall be within such election district and within such flood and drainage control district. The election commissioners shall furnish at each voting place a list of the qualified electors residing in the flood and drainage control district who are also qualified electors in such voting district. At such election, all qualified electors residing in said district may vote, the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE", and the voter shall vote by placing a cross (x) or check mark (Y) opposite his choice on the proposition.
Codes, 1942, § 3665-15; Laws, 1962, ch. 226, § 15, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-329 - Results of election

When the results of the election on the question of the issuance of such bonds shall have been canvassed by the county election commissioners and certified by them to the board of directors of the district, it shall be the duty of such board of directors to determine and adjudicate whether or not a majority of the qualified electors who voted in such election voted in favor of the issuance of such bonds. Unless a majority of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the board of directors may issue such bonds, either in whole or in part, within five years from the date of such election or within five years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board of directors shall deem best.
Codes, 1942, § 3665-16; Laws, 1962, ch. 226, § 16, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-335 - Validation of bonds

All bonds issued pursuant to this article shall be validated as now provided by law by Sections
31-13-1
through
31-13-11
Mississippi Code of 1972. The services of the state's bond attorney may be employed in the preparation of such bond resolutions, forms, or proceedings as may be necessary, for which he shall be paid a reasonable fee. Such validation proceedings shall be instituted in the chancery court of the county having jurisdiction of the district, but notice of such validation proceedings shall be published at least two times in a newspaper of general circulation and published in each of the counties comprising the district, the first publication of which in each case shall be made at least ten days preceding the date set for the validation.
Codes, 1942, § 3665-19; Laws, 1962, ch. 226, § 19, eff. 3/20/1962.