SEC. 51-35-159. May acquire lands.
In order to protect lands and other property, to prevent overflows, to reclaim lands and other property in the district, and to accomplish all other purposes of the district, the board of commissioners is hereby authorized and empowered to acquire lands, flowage rights, rights of way, easements, or premises, whether located within or without the district, either by purchase, grant, donation, condemnation, or otherwise, that may be necessary and proper for the location, construction, operation, repair, or maintenance of the flood control works and improvements authorized under this article. The board may purchase from the State of Mississippi for the use of the district or United States of America any lands necessary for the construction or maintenance of the flood control works and improvements, and which lands have been forfeited to the state for taxes and for which the time of redemption has expired. The purchase of such lands shall be upon the same terms and conditions as such lands may be purchased by other persons, except that the limitation of the number of acres of state lands which may be sold to any one purchaser shall not apply in the case of such purchase by the district. The governor and land commissioner, or other proper state authorities, are hereby authorized and empowered to transfer title to such lands to the district, when so purchased, without regard to any limitation by general law upon the number of acres of state lands which may be sold to any one person or corporation.
The board shall have the right to acquire by agreement with the owner or owners, or if such owner or owners be minors or insane persons or if such property belongs to an estate, then with the guardian, executor, or administrator, all property and rights of way, lands, easements, flowage rights, and other property required by it for the purposes of this article; and it may settle with such owners, guardians, executors, or administrators all claims for damages on account of lands, rights of way, flowage rights, damages to roads and highways for the construction, operation, maintenance, or repair of said flood control works or any part thereof. Any such guardians, administrators, or executors shall be liable on their bonds for the money and other things received in such settlements. In the case of such settlement, the owners, guardians, administrators, and executors shall have the right, without any order of the court, to convey the right of way, flowage rights, easements, or other property so acquired; and the conveyance shall vest said board with title to the rights of way, easements, flowage rights, or other property thus acquired.
SOURCES: Codes, 1942, Sec. 4792; Laws, 1936, ch. 188, Sec. 22.
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.