2016 Mississippi Code
Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control
Chapter 7 - Water Management Districts
In General (§§ 51-7-1 - 51-7-49)
§ 51-7-19. Organization of district completed

MS Code § 51-7-19 (2016) What's This?

At the time named in said notice, or on a subsequent date to which the cause may be continued, the chancellor shall hear all property owners within the district who wish to appear and advocate or resist the carrying out of the work plans as filed within said district, and if he deems it to the best interest of the owners of the real property within said district that said plans be adopted, or adopted as modified by the chancellor, under the provisions of this chapter, he shall make an order approving said report as submitted or as modified. Thereupon the organization of said master water management district shall be deemed to be fully completed, and henceforth the district shall be a governmental subdivision of the state and a public body, corporate and politic, with authority to do and perform in the name of such district all such acts and things for the accomplishment of the purposes for which it was organized. However, if the chancellor shall disapprove said report and shall decline to allow its modification or resubmission, then such district shall not be organized and the terms of office of the commissioners shall terminate, except as to powers which may be necessary in effecting payment of any preliminary indebtedness as provided in Section 51-7-15, except that such termination shall not become final until the expiration of the time for an appeal without an appeal having been taken or, in the event an appeal is taken, until final determination of the proceeding has been made by the courts.

If upon the hearing provided for in this section, a petition is presented to the chancery court, or the chancellor in vacation, signed by a majority of the landowners owning one-third (1/3) of the land, or, one-third (1/3) of the landholders owning a majority of the land, praying that the improvements be made, it shall be the duty of the court or chancellor to make the order establishing the district, without further inquiry, if it appear that the establishment thereof be necessary for the promotion of public health and for agricultural purposes. However, if upon that day a petition signed by a majority of the landowners owning one-third (1/3) of the land, or one-third (1/3) of the landowners owning a majority of the land, be presented praying that the improvements be not made, it shall be the duty of the court or chancellor to so order, but if no such petition is filed it shall be the duty of the court or chancellor to investigate and to establish such district if he is of the opinion the establishment thereof will be to the advantage of the owners of real property therein, and is for the public benefit. The petition provided for therein may be signed by women, whether married or single, owning land in the proposed district, guardians may sign for their wards, and trustees, executors and administrators may sign for the estate represented by them; if the signature of any corporation thereto is attested by the corporate seal, the same shall be sufficient evidence of the assent of the corporation to said petition.

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