Mississippi Code
Article 1 - Provisions Common to Drainage Districts
§ 51-33-81. Audit of records

It shall be the duty of the receiver to audit the records of said drainage district so as to show (1) each tract of land originally assessed described with reasonable certainty, (2) the name of the person designated as owner on the original benefit assessment roll, (3) the total amount originally assessed against each tract of land, (4) the total amount of assessed benefits actually paid on each tract of land, (5) the total amount of assessed benefits on each tract of land remaining unpaid and due when the audit is made, and (6) the total amount of unpaid assessments of each tract remaining unpaid but not due. In the event the records of said drainage district have been lost or cannot be found upon diligent search and inquiry, said receiver shall make an audit as best he can, showing the six items above enumerated by taking into consideration the last time annual levy was made as reflected by the order of court, board of supervisors, or other governing authority, and the amount of outstanding and unpaid bonds and interest coupons issued by said drainage district as may be satisfactorily proved to him by the holders of any such bonds, whether said bonds are in their original form or have been reduced to judgment. Said audit shall also show whether or not the bonds issued by said drainage district are in excess of the assessed benefits or other limitations fixed by law at the time such bonds were issued and, if excessive, to what extent. Upon such audit being completed, the receiver shall file the same, together with such supplemental report as he may deem proper or the court may require, and said audit shall be deemed prima facie correct. Upon filing such audit and report, the clerk of said court shall cause to be published once each week for three successive weeks in a newspaper published in said county, or if no newspaper is published in said county, then in some newspaper having a general circulation in said county, a notice and summons directed to all landowners of said drainage district, the holders of its bonds, and judgment holders, that such audit and report of the receiver has been filed in said court and receivership cause and is subject to their inspection and objection. Such notice shall state that unless such landowner, bondholders, or judgment holders shall, on or before the next ensuing term of said court to convene not earlier than thirty days after the first publication, appear and show cause in writing and in detail why said audit is incorrect in any particular, then said audit will be approved and made final, and all parties shall be bound thereby. It shall be the duty of the court to hear and adjudicate all objections made and filed by any landowner or any bondholder, giving to each the right to contest the objection of the other. After all objections have been heard and adjudicated, the court shall enter its final decree, which shall describe with reasonable certainty each tract of land assessed, the name of the owner or the one to whom it was originally assessed, the amount of unpaid benefit assessments which are due and chargeable to each tract, the amount of unpaid benefit assessments which are not due, the names of the bond and judgment holders and the amounts held by each which are found to be legal obligations of said drainage district, and which of such bonds or the percentage thereof are entitled to payment out of the remaining unpaid benefit assessments when collected. Said final decree shall also declare and fix as a statutory lien, paramount to all liens save and except liens for state and county taxes, the amount so found to be owing and unpaid, whether due or not, on each tract of land and shall fix a day, not later than four months after the rendition of said final decree, for the payment of all such unpaid benefit assessments as are found to be then due and owing. Said decree shall also provide for a sale by the receiver of any and all tracts of land therein mentioned on which the amount so assessed and fixed as a lien is due and shall remain unpaid on the day fixed for its payment. Publication of notice of such sale shall be made in manner and form and for the time required by law for the sale of land delinquent for general taxes, such sale to take place at the court house of said county within legal hours on the day named in the published notice of sale. The court may from time to time order further sales of any such land for the remaining assessed benefits which shall later mature. From such final decree any interested landowner and bondholder may appeal to the supreme court in the manner provided by law generally for such appeals.

Structure Mississippi Code

Mississippi Code

Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control

Chapter 33 - Provisions Common to Drainage Districts and Swamp Land Districts

Article 1 - Provisions Common to Drainage Districts

§ 51-33-1. Soil and water conservation and utilization

§ 51-33-3. Additional powers for conservation

§ 51-33-5. Petition for conservation powers

§ 51-33-7. Creation of district for conservation purposes

§ 51-33-9. Construction of conservation program

§ 51-33-11. Additional powers for beneficial use of water

§ 51-33-13. Cooperative agreements for conservation programs

§ 51-33-15. Water management district

§ 51-33-17. Borrowing funds from government agencies

§ 51-33-19. Funds for repairs and restoration

§ 51-33-21. Certificates of indebtedness for repairs

§ 51-33-23. Tax levy for repairs

§ 51-33-25. Hearing on indebtedness for repairs

§ 51-33-27. Authority for indebtedness for repairs

§ 51-33-29. Cooperative agreements with U.S. Corps of Engineers

§ 51-33-31. Borrowing from Farmers' Home Administration

§ 51-33-33. Irrigation of farm lands

§ 51-33-35. Contract for irrigation funds

§ 51-33-37. Bond issue to fund legal indebtedness

§ 51-33-39. Refunding bonds

§ 51-33-41. Payment of refunding bonds

§ 51-33-43. State sale of tax lands

§ 51-33-45. District may purchase tax lands

§ 51-33-47. Lands conveyed to drainage district liable for state and county taxes

§ 51-33-49. Sale or lease of tax lands

§ 51-33-51. Sale price of tax lands

§ 51-33-53. Terms of sale of tax lands

§ 51-33-55. Terms of lease of tax lands

§ 51-33-57. Seal required for conveyance of tax lands

§ 51-33-59. Release of land by lump sum payment

§ 51-33-61. Release of lands where indebtedness refinanced through Reconstruction Finance Corporation

§ 51-33-63. Procedure to release lands from Reconstruction Finance Corporation

§ 51-33-65. Release of lands by agreement with commissioners and bondholders

§ 51-33-67. Procedure to release lands from bondholders

§ 51-33-69. Release of lands in districts with more than fifty per cent of lands forfeited to state for taxes

§ 51-33-71. Procedure to release lands in districts with more than fifty percent tax-forfeited lands

§ 51-33-73. Payment for release

§ 51-33-75. Receivership for certain districts

§ 51-33-77. Proceedings for appointment of receiver

§ 51-33-79. Duties of receiver; oath; bond; records

§ 51-33-81. Audit of records

§ 51-33-83. Payment of assessments by landowners or sale of property

§ 51-33-85. Compromise of assessments between landowners and bondholders

§ 51-33-87. Disposition of funds and discharge of receiver

§ 51-33-89. Receivership as additional management method

§ 51-33-91. Dissolution of district without construction-time limitation for commencement of proceedings

§ 51-33-93. Dissolution of district without construction; petition; notice

§ 51-33-95. Dissolution of district without construction; proceedings; chancery court jurisdiction

§ 51-33-97. Dissolution of district without construction; claims

§ 51-33-99. Dissolution of district with construction not requiring maintenance

§ 51-33-101. Dissolution of district with construction not requiring maintenance; petition; notice

§ 51-33-103. Dissolution of district with construction not requiring maintenance; proceedings; chancery court jurisdiction

§ 51-33-105. Dissolution of district by cumulative method

§ 51-33-107. Dissolution of district by cumulative method; petition

§ 51-33-109. Dissolution of district by cumulative method; notice and summons

§ 51-33-111. Dissolution of district by cumulative method; claims

§ 51-33-113. Dissolution of district by cumulative method; sale of property; orders and decrees; appointment of masters

§ 51-33-115. Dissolution of district by cumulative method; claims; fees and commissions; contraction of debts

§ 51-33-117. Dissolution of district by cumulative method; surplus funds; effect of dissolution

§ 51-33-119. Dissolution of district by cumulative method; appeals

§ 51-33-121. Law as additional method of dissolution

§ 51-33-123. Saving statute

§ 51-33-125. Transfer of powers, duties and responsibilities of dissolved drainage districts with federally funded water impoundment structures to county soil and water conservation districts

§ 51-33-127. Procedures for transfer of drainage district attributes to county soil and water conservation district; dissolution of drainage district; continuation of maintenance and operation of existing structures