Title 18 — Property

(a) (1) On filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued under the seal of the court.(2) The writ shall be directed to the sheriff, commanding him or her to summon twelve (12) fit persons of his or her county to meet at the …

(a) Upon the return of the inquest, the court shall cause the proprietor of the land, one (1) acre of which shall have been prayed for, and the several persons, who may be proprietors of the land found by the inquest returned to be liable to damage, to be summoned to appear in th…

If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the h…

(a) If upon view it shall appear to the court that none of the evils provided against in § 18-15-708 are likely to ensue, the court shall then consider whether, all circumstances weighed, it is reasonable that the permission to erect the dam as prayed for should be given, and the…

Whenever the dam and mill or other machinery has been destroyed or materially impaired, they shall be rebuilt or repaired within three (3) years thereafter, but if the owner of the dam and mill is an infant, then the usual saving in favor of infants shall be effective.

Any owner of any dam and mill, or other machinery erected by virtue of this subchapter, may raise his or her dam by permission of the court, under and by the same proceedings, rules, and conditions provided in this subchapter.

(a) Any person being the owner in fee simple of the land on one (1) side of a watercourse, including part of the bed of the watercourse at the point where he or she proposes to erect a dam, may erect the dam by proceeding as provided in this subchapter. (b) (1) The person proposi…

Where mills or other machinery are proposed to be built, so as to be propelled by water drawn from lakes through canals cut therefrom, and the intended canal will be cut to pass through the land of other persons, the same procedure shall be pursued as in cases of streams.

If any person or his or her legal representatives to whom permission to erect a dam in virtue of this subchapter has been given shall fail to build, rebuild, or repair the dam, together with the mill or other machinery connected therewith, according to the requisitions of this su…

Nothing in §§ 18-15-802 — 18-15-806 shall prevent a company from making private contracts and purchases of lands from such owners as may be most agreeable to both parties.

(a) (1) Any company formed for the purpose of buying or building and owning one (1) or more steamboats, barges, and flatboats to be used in transporting freight and passengers on any river, lake, bayou, or other navigable stream, shall have the right-of-way, not exceeding two hun…

Any company desiring to avail itself of the benefits of the right-of-way provided for in this subchapter shall petition the county court, or the judge thereof in vacation, of the county in which any lands are situated and over which a right-of-way is desired to appoint a jury of …

(a) When any company shall petition according to the requirements of § 18-15-803, the county court, or the judge thereof in vacation, shall make an order appointing the jury immediately. (b) In the order, the jury shall be directed to ascertain and report to the court or judge, w…

(a) (1) When any jury reports, as provided in § 18-15-804, it shall be the duty of the judge to cause the company to be notified that the report has been made.(2) If the company shall deposit, within fifteen (15) days after receiving the notice, with the county clerk the full amo…

(a) When any lands shall have been so appraised and valued, when a due report of the appraisement has been made, and when the amount of money has been deposited with the clerk and ordered to be paid as provided in § 18-15-805, it shall be the duty of the judge to make an order up…

(a) (1) Any packet company organized under the laws of this state for the purpose of running boats as common carriers upon its navigable waters is given the right of eminent domain to establish landings and loading places upon any of the navigable streams of this state, or upon a…

(a) All public landings shall be laid out, opened, and established in a manner agreeable to the provisions of this subchapter. (b) The county court of each county shall have full power and authority to make and enforce all orders necessary for the establishment of public landings…

(a) (1) Previous to any petition being presented for a public landing, notice shall be given by publication in some newspaper published in the county, if there is one.(2) If there is no newspaper published in the county, then notice shall be given by advertisement set up in three…

(a) Any five (5) or more freeholders residing in any county bordering on the Mississippi River or any other navigable river, bayou, bay, or inlet may petition the county court of that county to cause a lot of ground on the bank of the river, bayou, bay, or inlet to be designated …

All petitions for the laying out and establishment of public landings shall specify the land which is sought to be made a public landing.

(a) On presentation of the petition and proof of notice of publication as provided in § 18-15-902, and the county court being satisfied that proper notice has been given in accordance with the provisions of § 18-15-907, the court shall appoint three (3) disinterested citizens of …

(1) The county court shall issue its order directing viewers to proceed on the day to be named in the order or, on their failure to meet on that date, within five (5) days thereafter, to:(1) View, survey, lay out, and establish the public landing;(2) Determine whether the public …

(a) (1) It shall be the duty of one (1) of the petitioners to give at least five (5) days' notice in writing to the owners or their agents, if residing within the county.(2) If the owner is a minor, an individual with intellectual disabilities, or an individual with mental illnes…

(a) (1) It shall be the duty of the viewers to meet at the time and place specified in the order or within five (5) days thereafter.(2) (A) After taking an oath or affirmation faithfully and impartially to discharge the duties of their appointments respectively, the viewers shall…

The viewers may call a surveyor to assist them in laying out and surveying any public landing that they may be ordered by the court to lay out and establish.

(a) On receiving the report of the viewers, the county court shall cause the report to be read publicly upon the second day of the term. (b) If no objection shall be made to the report and the court is satisfied that the public landing will be of sufficient importance to the publ…

After any public landing as provided in this subchapter has been established and declared to be a public landing, the county court shall cause an order to be issued to the overseer of the road district in which the landing is located to open and maintain the landing as a public l…

(1) The right to have the county court review the proceedings to establish the public landing and the right to appeal from the final decision of the county court shall:(1) Be the same as provided by law; and(2) Be exercised in the same manner as provided by the statutes and laws …

In all cases in which damages for land proposed to be taken for the establishment of a public landing have been assessed in the manner provided in this subchapter and an order has been made for the payment to the owners of the amount so assessed, then it shall and may be lawful f…

(a) When the determination of questions in controversy in these proceedings is liable to inconvenience the public, the county court or the county judge, in vacation, shall designate an amount of money to be deposited by the petitioners, subject to the order of the court, for the …

(a) The county court may lease a public landing for a term not exceeding three (3) years and the lessee shall transact there only a general receiving and forwarding business. (b) In case of a lease, the county court shall fix, with power to alter, the schedules of rates and charg…

(a) For each day necessarily employed, to be charged as costs and expenses and paid out of the county treasury, all persons required to render services under the provisions of this subchapter shall receive:(1) As viewers or reviewers, one dollar and fifty cents ($1.50) per day;(2…