SEC. 51-35-117. Hearing.
At the time named in said notice, the chancery court or chancellor in vacation shall hear all qualified electors, all property owners residing or owning property within the proposed district, and all other interested persons appearing and advocating or opposing the organization and establishment of the district. If upon said hearing the court or chancellor deems it for the best interest of property owners within said district or for the public safety, interest, or welfare that the said district should become a flood control district under the terms of this article after hearing and disposing of all objections, if any, the chancery court or chancellor in vacation shall make and enter an order upon the minutes of said chancery court organizing and establishing the said district as a flood control district, subject to all of the terms and provisions of this article and amendments thereto. In such order the chancery court or chancellor in vacation shall define the boundaries of the district and the territory to be embraced and included in said district. If at the hearing it shall appear that any part of the territory proposed to be included in the proposed district is not subject to damages by overflow, it shall be the duty of the court or chancellor to exclude such territory from the proposed district, and no territory shall be embraced or included in such proposed district except such as will be benefited by the construction of such flood control works and improvements.
If the chancellor finds that it will not be to the public interest, safety, or welfare or that the lands set out in said petition should not be organized into a district, he shall dismiss the proceedings; and the costs shall be paid by the county or counties according to the number of acres in each county included in the petition, to be prorated by the chancellor.
SOURCES: Codes, 1942, Secs. 4775, 4778; Laws, 1936, ch. 188, Secs. 2, 8; 1938, ch. 343, Sec. 1; 1946, ch. 217, Sec. 2.
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.