SEC. 51-35-153. Plan for flood control.
Upon their qualifying and organizing, the board of commissioners shall, with the approval of the chancellor, adopt the plan of chief engineers of the United States, the division engineer, or the district engineer having jurisdiction over the territory, for works and improvements, which plan shall be the official plan of the district. The board may, in the event the construction of the said project is provided for under any statute of the United States heretofore or hereafter passed, give and furnish satisfactory assurance and may contract therefor with the United States to compensate for all alterations to roads and highways made necessary because of the construction of any reservoirs, and to pay for all damages because of such road and highway alterations on account of the construction of reservoirs within and without the district. The board may give assurances satisfactory to the Secretary of War that it will undertake, without cost to the United States, all alterations of highways made necessary because of the construction of reservoirs, meet all damages because of such highway alterations, furnish without cost to the United States all lands and easements necessary to the construction of levees and drainage ditches, and maintain and operate all works after completion, or such parts of such works as the district may be required to maintain under any Act of Congress heretofore or hereafter passed. The said official plan may be modified by the chief of engineers, in his discretion, and as authorized by any Act of Congress heretofore or hereafter passed; and such modified plan or plans shall be the official plan of the district.
The commissioners may amend the said plan before the court or chancellor makes an order approving the same, or at any time with the approval of the chancellor.
The court or chancellor may reject the plan and refuse to adopt the same. The order of the court or chancellor in vacation, adopting or rejecting the official plan, shall have the force of a judgment. Any owner of lands within the district may appeal within twenty days from the said judgment to the Supreme Court of Mississippi, and in like manner any owner of property or any commissioner of the district may appeal from any order or judgment rejecting and refusing to approve the official plan.
SOURCES: Codes, 1942, Sec. 4789; Laws, 1936, ch. 188, Sec. 19; 1938, ch. 343, Sec. 2.
1997 Amendment
SECTION 11. Sections 51-35-147, 51-35-149, 51-35-151, 51-35-153, 51-35-155, 51-35-157, 51-35-159, 51-35-161, 51-35-163, 51-35-165, 51-35-167, 51-35-169, 51-35-171, 51-35-173, 51-35-175, 51-35-177, 51-35-179, 51-35-181, 51-35-183, 51-35-185, 51-35-187, 51-35-189, 51-35-191 and 51-35-193, Mississippi Code of 1972, which authorize the use of bonds and warrants, create an executive committee of the board, define the liability of a commissioner, require the adoption and allow the alteration of a flood control plan, authorize the board to charge preliminary expenses against property, to enter onto property, to acquire lands, to cooperate in the construction and maintenance of and to construct certain structures, to exercise eminent domain rights, to enlarge or combine districts, to borrow money for certain purposes and to fix, levy and provide for the collection of ad valorem taxes for certain purposes, allow sale of property for delinquent taxes, provide for an appeal from actions under this article, and authorize hearings before a special commissioner appointed by the chancellor, reimbursement of expenses of a chancellor and acceptance of reimbursements for amounts advanced for expenditure under an official plan, are repealed.
SOURCE: 1997 Laws, Chapter 403, Sec. 11, SB2937, Effective July 1, 1997.