When it shall become necessary, in the course of the construction of the work being done by the drainage commissioners, to pass through said right of way in the manner and according to plans theretofore filed as above provided, it shall be the duty of the drainage commissioners to give notice in writing to said railroad company of its desire to cross said right of way with its construction work on some approximate date, which shall not be less than sixty days from the date of such notice. Said notice shall be served upon any agent or employee of said railroad company upon whom, under the laws of the state, service of process may be had; and the commissioners shall at the same time pay or tender to said railroad company such costs and damages as may have been adjudged against the drainage district, as hereinbefore provided. It shall thereupon be the duty of the railroad company within a reasonable time to complete such construction work across its right of way, according to the aforesaid plans and specifications under the supervision of the engineer employed by said drainage commissioners, or to permit same to be done by the drainage commissioners. Should the railroad company fail, neglect, or refuse to do and perform in good faith said work within the time fixed by said drainage commissioners for the performance thereof, or to permit same to be done, it shall be liable to the drainage district and all persons for any damage it or they may sustain by reason of such failure, and said railroad company may be compelled to perform such work by mandatory injunction issued at the instance of the drainage commissioners. This section shall not be so construed as to prohibit the drainage commissioners from acquiring such right of way by the regular eminent domain proceeding if they so elect, or as otherwise provided in this chapter.
Structure Mississippi Code
Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control
Chapter 31 - Drainage Districts with County Commissioners
§ 51-31-1. Powers of drainage districts
§ 51-31-5. General authority of drainage districts
§ 51-31-7. Exercise of authority
§ 51-31-9. Selection of county drainage commissioners
§ 51-31-11. Oath and bond of drainage commissioners
§ 51-31-13. Compensation of commissioners
§ 51-31-17. Secretary and treasurer of drainage districts
§ 51-31-19. Employment of counsel
§ 51-31-21. Creation of drainage districts on petition
§ 51-31-23. Jurisdiction of organization
§ 51-31-25. Notice of petition
§ 51-31-29. Hearing of petitions
§ 51-31-31. Landowners may sign petition at hearing
§ 51-31-33. Commissioners to estimate cost
§ 51-31-35. Proceedings on report of commissioners
§ 51-31-37. Disposition of report
§ 51-31-39. Form of court's order
§ 51-31-41. District declared organized
§ 51-31-43. Preliminary expenses
§ 51-31-47. Notice of assessments
§ 51-31-49. Hearing objections
§ 51-31-51. Assessments confirmed
§ 51-31-53. Payment of assessments
§ 51-31-55. Right of way agreements
§ 51-31-57. Notice of appraisement by commissioners
§ 51-31-59. Appraisement hearing
§ 51-31-61. Levy to provide estimated funds
§ 51-31-63. Tax levied to meet assessment
§ 51-31-65. Levy each year to meet bond obligations
§ 51-31-67. Reassessments in case of underestimates
§ 51-31-69. Sale of district bonds
§ 51-31-71. Contracts let to lowest bidder
§ 51-31-73. Commissioners to construct and maintain drains
§ 51-31-75. Lateral ditches to be laid out
§ 51-31-77. Actual damages recoverable
§ 51-31-79. Jurisdiction of drainage commissioners
§ 51-31-83. Commissioners may go on lands
§ 51-31-85. Ditches already constructed may be used
§ 51-31-87. Compensation for use of other district drains
§ 51-31-89. Passing railroads with canal
§ 51-31-91. Notice and damages
§ 51-31-93. Railroad may be assessed for benefits
§ 51-31-95. Drain may cross public road
§ 51-31-97. Landowners outside of district may use drains
§ 51-31-99. Reassessment if estimate deficient
§ 51-31-101. Penalty for injuring drains
§ 51-31-103. Benefit to county farm
§ 51-31-105. Jurisdiction of suits
§ 51-31-107. Master may hear and determine causes; report of findings to chancellor
§ 51-31-109. Expenses of chancellor and master taxed against district
§ 51-31-111. Additional bond issue
§ 51-31-113. Interest rate of additional bonds
§ 51-31-115. Notice of issue to be published
§ 51-31-117. Proceedings in rem
§ 51-31-119. Subdrainage districts authorized
§ 51-31-121. Notice of subdistrict proceedings
§ 51-31-123. Creation of subdistrict
§ 51-31-125. Subdistricts managed by drainage commissioners
§ 51-31-127. Separate financial account kept for subdrainage district
§ 51-31-129. Collection of taxes
§ 51-31-135. Record of tax sales
§ 51-31-137. Expiration of redemption period
§ 51-31-139. District placed under supervisors
§ 51-31-141. Procedure for districts to come under this chapter