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On petition of one third of the landowners owning one half of the land or one half of the landowners owning one third of the land located in any drainage district, the chancery court, if it be satisfied that the petition contains the percentage of the landowners as outlined above, shall set a date and place for a hearing on the matter and order notice given of the time and the place of said hearing, the same to be set in vacation or term time according to the order of the chancellor. The notice shall be given by three weeks' publication in a newspaper published or having general circulation in the county where the drainage district is located, and shall be directed substantially to the landowners, lienholders, bondholders, and all others interested in the drainage district referred to. Said notice shall be complete on the publication of the same in the said newspaper for three consecutive weekly issues, the first notice to be at least three weeks before the date of hearing. At the time and place fixed for the hearing or at any other time or place to which the same shall have been lawfully postponed by the chancellor, the said chancery court, if satisfied that the aforesaid conditions have been fulfilled and that all projects of said drainage district have been completed, shall transfer all the duties, power, and authority of any drainage commission or drainage commissioners of any drainage district lying wholly within one county, and impose the same upon the board of supervisors of the county in which the particular drainage district lies. The board of supervisors of the county in which any such completed drainage project lies shall have charge of maintenance, repair, and upkeep of such completed construction project and shall make report of same annually to the chancery court of the county, but no additional compensation shall be allowed the board of supervisors for the discharge of services hereby imposed. It is provided that on the making of the order of transfer, as above outlined, the compensation and authority of any drainage commissioner or set of drainage commissioners regarding any such drainage district, as above outlined, shall immediately cease on the signing of the decree of transfer above provided for.
It is distinctly provided that this section shall not apply in any manner whatsoever to drainage districts lying in two or more counties of the state.
Cite this article: FindLaw.com - Mississippi Code Title 51. Waters, Water Resources, Water Districts, Drainage, and Flood Control § 51-31-139. Transfer of duties to supervisors - last updated January 01, 2018 | https://codes.findlaw.com/ms/title-51-waters-water-resources-water-districts-drainage-and-flood-control/ms-code-sect-51-31-139/
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