When the chancery court or chancellor in vacation has established such district, he shall appoint three (3) owners of real property within the district to act as commissioners; and such persons, when so appointed, and their successors in office shall constitute, and are hereby declared to be, a body politic and corporate by the name and style selected as mentioned in this chapter, by the court or chancellor. Each of these commissioners shall take the oath of office as required by Section 268, Article 14 of the Constitution of the state, and shall also swear that he will not, directly or indirectly, be interested in any contract made by the board of commissioners save and except insofar as he may be benefited as a landowner, in common with other landowners, by the work contracted for, and that he will well and truly assess all benefits resulting from said improvements, and all damages caused thereby. Any commissioner failing to take oath within thirty (30) days after his appointment and to give bond in the sum of not less than one thousand dollars ($1,000.00), to be fixed by the court or chancellor, shall be deemed to have declined to act as commissioner, and his place shall be filled by the court or chancellor. Provided, however, where revenue for a drainage district is less than one thousand dollars ($ 1,000.00) per year from taxes or other sources, the chancellor, in his discretion, may reduce the bond to any amount he may deem sufficient.
All vacancies on the board shall be filled by the chancery court, or the chancellor in vacation, of the county; but, if a majority in number of the owners of real property in the district shall petition for the appointment of particular persons as commissioners, it shall be the duty of the court or chancellor to appoint the persons so designated. In the same manner, the commissioners shall be appointed at the expiration of the term of said commissioners. A majority of the commissioners shall constitute a quorum. The chancery court, or chancellor in vacation, shall remove any member of the board of commissioners, on the petition of the majority of the owners of land in the district, who shall own a majority of the acreage therein.
Structure Mississippi Code
Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control
Chapter 29 - Drainage Districts with Local Commissioners
§ 51-29-5. Creation of drainage districts
§ 51-29-7. Organization of district in two or more counties
§ 51-29-9. Hearing on engineer's report
§ 51-29-11. Presentation of petitions
§ 51-29-13. Order establishing district
§ 51-29-15. Commissioners appointed; vacancies; removal; quorum
§ 51-29-17. Terms of office and compensation
§ 51-29-19. Power and duties of commissioners
§ 51-29-23. Payment of costs for abandoned improvements
§ 51-29-25. Costs for proceedings abandoned and afterwards resumed
§ 51-29-27. Plans and estimates of commissioners to be filed
§ 51-29-29. Preparation of assessment roll
§ 51-29-31. Notice of assessment to landowners
§ 51-29-33. Approved roll to be final assessment
§ 51-29-35. Condemnation proceedings
§ 51-29-37. Employment of counsel
§ 51-29-41. Hearing of appraisement and objections
§ 51-29-43. Right of use during appeal
§ 51-29-45. Court to make order for assessments to cover cost of improvement
§ 51-29-47. Board of supervisors to make a tax levy
§ 51-29-49. Copy of levy to tax collector
§ 51-29-51. Collection of assessments
§ 51-29-53. Duties of treasurer
§ 51-29-55. Duties of tax collector
§ 51-29-57. New tax levy in case of deficiency
§ 51-29-61. Contractors to give bond
§ 51-29-63. Commissioners may borrow money
§ 51-29-65. Bonds to be registered
§ 51-29-67. Negotiable evidences of debt to contractor
§ 51-29-69. Commissioners not liable for damages
§ 51-29-71. Procedure to alter plans
§ 51-29-73. Landowners may build ditches to connect with public ditch
§ 51-29-75. Compensation for connecting with district drainage system
§ 51-29-77. Ditches outside of district
§ 51-29-79. Maintenance of system
§ 51-29-81. Taxes collected; delinquent lands; settlements
§ 51-29-83. Drainage taxes erroneously collected
§ 51-29-85. Certificates received in lieu of cash
§ 51-29-87. Disposition of certificate
§ 51-29-89. Bonds to be a lien on land
§ 51-29-91. Entire district revenues and realty pledged to secure bonds
§ 51-29-93. Error in names not to invalidate assessments
§ 51-29-95. Ditches may cross highways and railroads
§ 51-29-97. Financial statement and audit
§ 51-29-99. Penalty for obstructing or damaging drains
§ 51-29-101. Contractors may pass over private lands
§ 51-29-103. Procedure for districts to come under this chapter
§ 51-29-105. Construction of chapter
§ 51-29-107. Special commissioner may hear and determine cases under this chapter
§ 51-29-109. Expenses of chancellor to be paid by district
§ 51-29-111. Method to apportion benefits when land is divided into smaller units of ownership
§ 51-29-113. Clerk of district to certify order to tax collector
§ 51-29-115. Formation of subdrainage districts
§ 51-29-119. Additional powers given to certain drainage districts
§ 51-29-121. Assessments to be apportioned when land lies in certain districts
§ 51-29-123. Certain districts may own rights of way and dispose of same
§ 51-29-125. Certain districts may acquire rights of way through existing districts
§ 51-29-127. Districts acquiring certain lands to assume obligations
§ 51-29-129. Law with reference to disposition of waters
§ 51-29-131. Enlargement of boundaries of drainage districts
§ 51-29-133. Notice and hearing of proposed extension
§ 51-29-135. Extension of district on majority petition
§ 51-29-137. Rights and powers of extended district
§ 51-29-139. Extension may include lands of other drainage districts
§ 51-29-141. Separate accounts kept for extended districts
§ 51-29-143. Provisions applicable to extended districts
§ 51-29-145. Consolidation of districts
§ 51-29-147. Petition and notice of consolidation
§ 51-29-149. Consolidation hearing and decree
§ 51-29-151. Commissioners of consolidated district
§ 51-29-153. Transfer of powers of former commissioners
§ 51-29-155. Lien of outstanding obligations not impaired by consolidation
§ 51-29-157. Powers and authority of consolidated district
§ 51-29-161. Reforestation procedure
§ 51-29-163. Hearing on reforestation petition
§ 51-29-165. Disposition of proceeds of reforestation release