The commissioners of the district shall have the right and power to carry the ditches, either main or lateral, across any highway; and the board of supervisors shall construct suitable bridges across such ditches.
Such ditches may also be carried under or through any railroad track or tramway, and in such event the commissioners of the drainage district shall notify the railroad company or owner of said tramway or telegraph or telephone companies, operating lines of telegraph or telephone under or through which it is proposed to carry such ditches, of the probable time at which the contractor will be ready to enter upon the right of way of any of said companies and construct the work thereon. It shall thereupon be the duty of any said companies or owners of said lines of railway, telegraph, or telephone to send a representative to view the ground with the superintendent of construction, or other person appointed by the commissioners, and arrange the exact time at which the said work can be most conveniently done. At the time agreed upon, said railroads or owners thereof shall remove all rails, ties, stringers, and such other obstructions as may be necessary, and such owners of telegraph and telephone lines shall remove all wires, poles, and other obstructions as may be necessary, to permit the excavation of a channel or channels through its right of way. The work so done shall be planned and conducted so as to interfere in the least possible manner with the business of said railroad, telegraph, and telephone companies. In case any of such persons or corporations refuse and fail to remove any of said obstructions and to allow the construction of the work through its right of way, it shall be held as delaying the construction of a public work and improvement, and shall be liable to a penalty not to exceed fifty dollars ($50.00) per day for each day of delay thereof and all damages sustained by the district or contractor, to be recovered in any court having jurisdiction. Such penalty shall inure to the drainage district, and such damages shall inure to the person, firm, or district damaged. An itemized bill of the expenses of the railroad company for opening its track shall be made and presented to the commissioners of the district at some day previous to the day set for passing through said right of way, and a like itemized bill of expense attending the removal of wires and poles of telegraph and telephone companies shall be so presented, including all damages that will be sustained by any of said companies by the construction of said work. Thereupon the board of commissioners shall allow and pay such part thereof as it sees fit and proper, from which allowance either of said companies shall have the right of appeal to the chancery court, or chancellor in vacation; but such appeal shall not operate so as to prevent the drainage commissioners from constructing the proposed work through the rights of way of any of said companies.
This section shall not, however, conflict in any way with the right of eminent domain or the laws relating thereto, but is meant to be operative under and in connection with other provisions of this chapter.
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