SEC. 51-35-161. Construction and maintenance.
The board of commissioners is authorized and empowered to cooperate with the United States of America, or any agency or instrumentality thereof, in the construction of any dams, reservoirs, sluice gates, conduits, holding basins, floodways, spillways, levees, embankments, canals, pumping stations, syphons, or other public works or improvements deemed necessary to protect the lands and other property situated in such flood control district from flood waters or overflow; and the board of commissioners is authorized and empowered, out of the maintenance funds provided for in this article, to maintain any such dams, levees, drainage ditches, reservoirs, sluice gates, conduits, holding basins, floodways, spillways, levees, embankments, canals, pumping stations, syphons, or other works or improvements, and to provide for all road and highway relocations made necessary on account of the construction of such flood control works and improvements. All such works and improvements may be constructed through or over any public highway or railroad in or out of said district. In the event any such flood control works and improvements are to be constructed by the United States, or by any agency or instrumentality thereof, the board of commissioners is authorized and empowered to give to the United States satisfactory assurance that the said flood control district will maintain such works and improvements when constructed, whether located in or out of the district, and that the board of commissioners will provide for all road and highway relocations and damages at the expense of the district. The board is generally authorized and empowered to 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 of the works after completion in accordance with regulations prescribed by the Secretary of War, or maintain and operate all of such works as may be required under Acts of Congress heretofore or hereafter passed. The board of commissioners is authorized and empowered generally to acquire and accept conveyance of title to the lands, flowage rights, and easements acquired for the purposes of this article, with the power to lease, rent, or convey the same for the benefit of the district or to rent the same for the benefit of the area in which the dams or reservoirs are located, and generally to maintain the flood control works and improvements to accomplish the purposes for which the district is organized. To the extent that same may be necessary, the board of commissioners is authorized and empowered generally to hold, incumber, control, or use, own, lease, and sell real and personal property in or out of the district to be used in constructing or maintaining said works or improvements, and to exercise full power and authority in maintaining and repairing all flood control works and improvements constructed by the United States, or by any agency or instrumentality thereof, for the protection of the lands and other property situated within such flood control district, whether such works and improvements are located within or without the district.
SOURCES: Codes, 1942, Sec. 4793; Laws, 1936, ch. 188, Sec. 23; 1938, ch. 343, Sec. 3.
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.