SEC. 51-35-107. Jurisdiction of chancery court.

In the event the United States of America shall signify its purpose and intention to provide funds therefor and to construct at the expense of the federal government any flood control works or improvements along any river or other watercourse in this state, and the chief of engineers of the War Department of the United States, under the provisions of the River and Harbor Act of January 21, 1927, House Document 38, 69th Congress, section 10 of the Flood Control Act, approved May 15, 1928, or under the provisions of any Act of Congress heretofore or hereafter passed, shall submit a report recommending a plan for the control of flood waters in any generally defined area, the chancery court of the county in which the lands to be benefited are situated, if such lands lie wholly within one county, or the chancery court of the county in which the greatest number of acres of lands to be benefited by the proposed improvements are situated, if the lands to be benefited lie in more than one county, shall have jurisdiction of the proceedings for the organization and establishment of a flood control district under the provisions of this article, and the court may embrace and include in the district the lands to be protected by such flood control improvements for the purposes provided in this article. Such jurisdiction may be exercised by the chancellor in term time or in vacation, as provided in this article.

The authority granted under this section and the succeeding provisions of this article to the chancery court for the establishment and organization of flood control districts is likewise granted to the chancery court for the establishment and organization of flood control districts on the recommendation of the United States soil conservation service or any other agency of the United States government, upon the recommendation and submission of a plan for such flood control district by such soil conservation service or by such other agency; and wherever the terms war department, chief of engineers, division engineer of the district, or engineer are used in the succeeding sections of this article in the granting of powers or authority, such grant of powers or authority shall likewise be construed to be applicable to said soil conservation service or any other agency of the United States.

SOURCES: Codes, 1942, Sec. 4770; Laws, 1936, ch. 188, Sec. 2; 1954, ch. 154.

1997 Amendment

 SECTION 9. Sections 51-35-101, 51-35-10
3, 51-35-105, 51-35-107, 51-35-109, 51-35-111, 51-35-113, 51-35-115, 51-35-117, 51-35-119, 51-35-121, 51-35-123 and 51-35-125, Mississippi Code of 1972, which create the 1936 Flood Control Law of Mississippi, define certain terms, authorize the creation of flood control districts and establish the jurisdiction of the chancery court to create a district, authorize the board of supervisors of a county to petition for inclusion in a district, provide for the bond and powers and duties of the engineer appointed by the chancellor, provide for notice of hearing on a petition, conduct of the hearing and appeals of the order of the chancellor, and provide for the powers and duties of the district, name of the district and designation of a place for a district office, are repealed.

SOURCE: 1997 Laws, Chapter 403, Sec. 9, SB2937, Effective July 1, 1997.