In order to effect the drainage, protection and reclamation of the land and other property in the district subject to tax, the board of supervisors is authorized and empowered to straighten, widen, change the course and line of any drain in or out of such district; to fill up any creek, drain, channel, river, watercourse or natural stream; to divert or divide the flow of water in or out of such district; to construct and maintain sewers, drains, dikes, dams, sluices, revertments, drainage ditches, pumping stations, syphons, and any other works and improvements deemed necessary to preserve and maintain the works in or out of such district; to construct roadways over embankments; to construct any and all such works and improvements across, through or over any public highway, railroad, right-of-way, track, grade, fill or cut in or out of such district; to remove any fence, building or other improvements in or out of such district; and shall have the right to hold, control and acquire by donation or purchase, and, if need be, condemn, any land, easement, railroad or other right-of-way, sluice, or franchise in or out of such district for right-of-way, or for any of the purposes herein provided, or for the material to be used in constructing and maintaining such works and improvements for draining, protecting and reclaiming the lands in such district. Such board shall also have the right to condemn, for the use of the district, any land or property within or without such district not acquired or condemned by the court on the report of the appraisers assessing benefits and damages, and shall follow the procedure that is now provided by law for the appropriation of land or other property taken for telegraph, telephone and railroad rights-of-way.
Structure West Virginia Code
Article 21. Drainage Districts
§19-21-1. Jurisdiction of Circuit Courts to Organize Drainage Districts; Definition of Terms
§19-21-2. Proceedings Under Article Have Precedence Over Other Cases; Exceptions; Mandamus
§19-21-3. Petition to Establish District
§19-21-6. First Meeting of Owners; Election of Board of Supervisors
§19-21-7. Annual Meeting of Owners; Election of Supervisor
§19-21-8. Oath of Supervisor; Effect of Failure to Qualify
§19-21-9. Organization of Board of Supervisors; Duties and Compensation
§19-21-10. Appointment, Powers and Duties of Chief Engineer; Adoption of Plan for Reclamation
§19-21-12. Board of Appraisers
§19-21-14. Publication of Appraisers' Report
§19-21-15. Exceptions to Appraisers' Report; Action of Court Thereon; Review of Assessments
§19-21-16. Assessment of Damages by Jury
§19-21-18. Levying of Tax to Pay Costs of Completion; Tax Lien
§19-21-19. Annual Installment Tax; Certification Thereof to Sheriff
§19-21-20. Collection of Taxes
§19-21-21. When Taxes Payable; Suit by Supervisors to Collect Delinquent Taxes; Suit by Bondholder
§19-21-23. Lien of Bonds; Collection of Annual Tax to Pay Bonds; Nonpayment of Bond; Receiver
§19-21-24. Treasurer of District; Salary, Bond and Duties; Audit of Books
§19-21-25. Powers of Board of Supervisors to Drain, Protect and Reclaim Land
§19-21-26. Employment of Attorney
§19-21-27. Record of Board of Supervisors
§19-21-28. Right to Enter and Appropriate Land; Vesting of Title in District; Compensation of Owner
§19-21-30. Unpaid Warrants to Draw Interest
§19-21-31. Surety Bonds to Be Made Payable to District; Persons Covered by Bond
§19-21-33. Definition of "owner"; Effect of Failure to Summon Owner
§19-21-36. Formulation of New Plans; Additional Assessments and Levy
§19-21-37. Removal of Officer or Employee
§19-21-40. Consolidation of Adjacent Districts
§19-21-41. Penalty for Obstructing Drain or Damaging Drainage Work