SEC. 51-35-115. Notice of hearing.
Upon the filing of the report of the engineer appointed under the provisions of section 51-35-109, the chancellor shall enter an order fixing the date for a hearing of the cause upon the original petition and the report of the engineer thus filed. The chancery clerk shall give notice of such hearing to all persons interested in the organization of the proposed flood control district by publication of such notice for three weeks in a newspaper published in the county in which the lands proposed to be included in such flood control district lie, or in a newspaper published in each of the counties in which any of the lands proposed to be included in such proposed flood control district lie, if such lands are situated in more than one county. Such notice shall be addressed to the property owners and qualified electors of such proposed district and all other persons interested, and shall command all such persons to appear before the chancery court or before the chancellor in vacation at the courthouse in the county in which the cause is pending, upon the date fixed by the chancellor to show cause, if any they can, why the proposed flood control district should not be organized and established as prayed for in said petition. The date for such hearing shall not be less than twenty-one days nor more than forty days after the first publication of such notice. If there is no newspaper published in the county in which any of the lands proposed to be included in such proposed flood control district are situated, copies of such notice shall be posted at the front door of the county courthouse in such county and in three public places in that part of the county which is to be included in the proposed flood control district.
Where lands in said district are situated in two or more counties, it shall not be necessary to describe or include all of the lands and other property in the said district in the notice published or given in the several counties, but it shall only be necessary to include in the publication or notice in the several counties such lands as are situated in the respective counties, with a general description of the boundaries of the proposed district in which such lands are included. Such publication shall not set out a metes and bounds description of each tract, or a description by legal subdivisions, but it shall only be necessary in such publication to give the boundaries of the proposed district. It shall not be necessary to include in the publication or notice any lands, flowage rights, easements, or other property required for the operation and execution of the project within or without the limits of the district.
If the court or chancellor finds that the notice or publication was not given as provided for in this article, it shall not thereby lose jurisdiction, but the court or chancellor shall order due publication or notice to be given and shall continue the hearing until such publication or notice shall be properly given, and the court or chancellor shall thereupon proceed as though publication or notice had been properly given in the first instance.
SOURCES: Codes, 1942, Secs. 4774, 4781; Laws, 1936, ch. 188, Secs. 6, 11.
1997 Amendment
SECTION 9. Sections 51-35-101, 51-35-103, 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.