2016 Mississippi Code
Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control
Chapter 35 - Flood Control
Article 1 - Flood Control Agreements With United States
§ 51-35-15. County agreements for rights of way and maintenance

The board of supervisors of any county through any part of which any river or other stream may run, or any part of which any river or other stream may touch or border, on which the United States of America has authorized flood control improvements, including channel clearing, channel improvement, cut-offs, levees, dams, or other flood control improvements, is hereby authorized and empowered, for that part of such river or stream running through any part of said county or bordering or touching said county, as aforesaid, to give satisfactory assurances to the United States of America or any agency thereof including the Secretary of War, that it will:

(a) Provide, without cost to the United States, all lands, easements, and rights of way necessary for the construction of the project;

(b) Hold and save the United States free from damages due to the construction of the works; and

(c) Maintain and operate all of the works after completion in accordance with regulations prescribed by the Secretary of War, under the terms of the Flood Control Act of June 22, 1936, or any other similar Flood Control Act of the United States.

Any such board of supervisors is also hereby authorized and empowered to accept the conveyance of any lands, easements, and rights of way over and on behalf of any lands that may be benefited by the maintenance of such works; to accept assurances from landowners whose property is benefited by such flood control improvements, to levy, assess, and collect such taxes on said area so benefited as will be necessary; to save and hold the United States free from all damages due to the construction of the works; to exercise the right of eminent domain for the condemnation of rights of way and easements in like manner as is exercised by boards of supervisors for the condemnation of public road rights of way; to maintain such works in said county after completion, and generally to accept agreements for landowners benefited by such flood works to save the county harmless on account of said assurances given by the county as aforesaid to the United States of America or any agency thereof, including the Secretary of War.

This section shall apply to any county lying wholly within a levee district, or to that part of a county lying within a levee district.

This section shall not apply to any county in which a reservoir project, as a part of a United States government flood control program, shall have been begun prior to the first day of January, 1938.