MISSISSIPPI CODE OF 1972
As Amended

SEC. 51-35-167. Enlargement or combination of districts.

The commissioners are hereby authorized and empowered to cooperate with other flood control districts for the accomplishment of the purposes of this article, but they shall have no power or authority thereby to increase the indebtedness of the district by such cooperation beyond any limits which may be fixed by this article. The district may combine with other flood control districts or may be extended and enlarged for the accomplishment and purposes of which said flood control districts are organized, by petition of the commissioners of said district to the chancellor in whose district the flood control district was organized, filed in the county in which such district was organized. Said petition shall show that the adopted plan provides for the construction of a flood control project passed by the Congress of the United States for protecting the lands of the district from overflow, with a certificate of the United States district engineer that the land in the proposed enlargement and extension will be benefited by the construction of the proposed project, and with such general description of said lands in the enlargement or extension as is required in the petition for the organization of the district. Such petition shall be presented to the chancellor in the same manner and with the same notice and hearing as provided for the report of the engineers with the same general description of the lands, with proceedings subsequent to the notice and hearing of the petition substantially as provided for in the organization of the district, and with the same rights of appeal from the decision approving or disapproving the extension and enlargement as provided in the organization of the district. Upon final approval of the extension or enlargement, an additional commissioner for each county or part of county embraced in the said extension and enlargement shall be appointed and qualified as in the case of the first organization of the district. All proceedings following the filing of the said petition shall be in the same manner and the same proceedings as far as applicable as apply after the filing of the said petition for the first organization of the district.

SOURCES: Codes, 1942, Sec. 4800; Laws, 1936, ch. 188, Sec. 29; 1946, ch. 217, Sec. 1.

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.

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