Title 69, Waters, Waterways, Drains And Levees

When it is desired by the board of directors, or other interested party entitled to sue, to file such bill, the county trustee, upon request, shall make out a statement or list, showing all the lands upon which such assessments are so delinquent, and the names of the owners there…

Suits in chancery shall be proceeded with as other suits are in the chancery court, except that the court may hear the case as to any one (1) or more of the defendants, whether ready to be heard as to other defendants or not, and so proceed to sale and final decree as to any one …

All tax assessors, in assessing for public taxes any tract of land lying partly within the limits of a drainage district or drainage and levee district and partly outside of the limits of such district, shall assess that part of the tract lying within the limits of such district …

When a sale is ordered in a suit pursuant to the preceding sections, and is made and reported, the clerk and master shall report what public taxes are a lien upon any tract so sold in favor of the state, county, or any municipality, and the court shall see that this is done. Any …

Upon confirmation of a sale of land by the chancery court, it shall divest title out of the owner and vest it in the purchaser; provided, that the owner of the land shall continue in possession, and shall be entitled to the rents and profits thereof until the expiration of two (2…

When any sale pursuant to the preceding sections has been made by decree of the chancery court, it shall be made for cash, and the owners of lands so sold shall have two (2) years from the date of the confirmation of such sale in which to redeem the same by paying to the clerk an…

In proceedings in chancery court pursuant to this part, the attorney or solicitor employed and attending to the suit shall be allowed as a fee ten percent (10%) of the amount found due as an assessment or assessments on each tract of land decreed sold, which fee shall be charged …

When such lands are redeemed, and this fact is made satisfactorily to appear to the chancery court, the court shall enter a decree in the cause, adjudging the land so redeemed and declaring it to be the property of the owner so redeeming, or of the owner's heirs or assigns, if re…

Infants and persons adjudicated incompetent have the further period of one (1) year after the restoration of competency in which to redeem their lands sold under §§ 69-5-819 — 69-5-829 and other sections of this chapter, under like terms as to amounts to be paid, in redemption, a…

All proceedings referred to in part 4 of this chapter and authorized to correct errors, or to prorate assessments, when parts of any tract of land have been sold at voluntary sale as provided in § 69-5-815, or when any of the lands encumbered with such assessments have been sold,…

The assessments shall, if not paid by the owners of the land assessed, be collected only out of the land so assessed for improvement purposes, and shall not be collected, by distress warrant or otherwise, out of any other property, real or personal, of the owners of the land so a…

When it appears that any tract of land within any drainage district has been assessed with fifteen percent (15%) or more excess acreage, the owner of any such tract of land may by bill filed against the district and directors have the mistake corrected and the assessment changed,…

To assist in the keeping of the tax books, the collection of taxes, the remitting of funds to pay maturing bonds and coupons, and to be of such other service in the general management of the affairs of the district as may be determined, the board of drainage directors has authori…

For collecting and paying out the assessments under this chapter, the county trustee shall receive as compensation two percent (2%) on all amounts paid out by the trustee, and for any certified statements furnished by the trustee, the same fees per one hundred (100) words as are …

The bonds of the county trustee binding the trustee to account for state and county taxes shall be liable for assessments collected under this chapter.

If the county legislative body determines that the estimated cost of reclamation and improvement of the district of land or levee or drainage district is greater than should be levied in a single year upon the lands benefited, it may fix the amount that shall be levied and collec…

Any property owner may pay the full amount of the benefit assessed against that person's property before the bonds are issued and receive a receipt in full for that amount. Such payment shall be made to the county trustee; it is the duty of the county clerk to certify to the trus…

The terms and times of payment of the bonds so issued shall be fixed by the board of directors of the improvement district, and such bonds shall be signed by the county mayor and countersigned by the clerk of the county, each of the officers signing officially, and shall be verif…

Each bond shall show expressly upon its face that it is to be paid only by assessments levied and collected on the lands within the district so designated and numbered, and for the benefit of which district such bond is issued. No assessment shall be levied or collected for the p…

The bonds shall be in denominations of not less than fifty dollars ($50.00).

When a district lies in more than one (1) county, the county court of each county shall so determine whether bonds shall be issued to meet the expenses, of the improvement so far as the lands of the district lie in that county; and, if so issued, the bonds shall be signed by the …

In the sale of drainage bonds, the directors of the district, if in their judgment it is expedient, may contract with the purchasers of the bonds that the payment for the bonds may be made in such installments as may be agreed upon between them and the purchasers of the bonds; pr…

Whenever bonds of such districts are issued and sold under this chapter, or long-time warrants, as provided for by § 69-5-909, are issued and sold, then the county trustee, before receiving such money, shall give bond, to be approved as the trustee's other bonds are approved in d…

If the board of directors of any improvement district deems best, instead of issuing bonds, it may direct that warrants shall be issued or drawn on such district, or on the county trustee, by the county mayor, to be paid out of the funds of such district only, and at such times a…

When, in the making of any improvement in a district, bonds or warrants of such districts are sold for the purpose of providing funds for such improvement, any money is left from the proceeds of the sale after the improvement has been paid for, then in such cases the board of dir…

Any landowner owning land, upon which there now exists special assessments levied by any drainage district organized under the laws of this state, has the option, upon any date upon which the landowner pays such special assessments, to pay all or any part of the unmatured amount …

The bonds and/or interest coupons of the drainage district levying the assessment may be lawfully tendered to the trustee of the county in which the land lies by the person desiring to make such payments, and it is the duty of such trustee, to whom tender is made, to receive such…

(a) Upon receipt of such coupons or bonds, or both, it is the duty of the county trustee to cancel them as now provided by law and to provide a record of such cancellation. If bonds tendered for payment contain interest coupons falling due beyond the date of maturity of the asses…

Where a drainage district is situated in more than one (1) county, it is the duty of the trustee of any county in which such district lies to accept coupons or bonds, or both, issued by such district in settlement of assessments levied against lands embraced in that portion of th…

The county trustee of any county in which a drainage district has been organized under the laws of this state shall make monthly settlement with the county mayor of the county in which the district was organized, showing the drainage assessments collected during the month, giving…

Where a drainage district is situated in more than one (1) county, it is the duty of the trustee of any county in which such district lies to make monthly settlement with the county mayor of the county in which the district was organized, as provided by § 69-5-915; provided, that…

After each monthly settlement has been filed and approved as provided in §§ 69-5-915 and 69-5-916, the board of directors of the drainage district shall ascertain what part or portion of the money, bonds, coupons, or credit memorandums were received for the preceding month, or pr…

The maintenance or administration certificates, or both, when issued as provided in this part, shall constitute the same lien on the lands in the district, upon which assessments remain unpaid, as the unpaid coupons and bonds, and may be enforced in the same manner as now provide…

All funds received from sale of the maintenance or administration certificates, or both, shall be paid to the trustee and placed to the credit of the maintenance and administration fund, to be paid out on warrants as now provided by law.

For the general purpose of refunding all or any part of the bonded indebtedness, now or hereafter outstanding, of any drainage or levee district now or hereafter organized and existing under any law of this state, whenever in the judgment of the county legislative body of the cou…

The county legislative body has the authority to issue refunding bonds as provided for in this part, upon the filing with the county legislative body of a petition duly authorized and signed by the board of directors of the district whose outstanding bonds are desired to be refun…

Upon the filing of a petition as for issuance of refunding bonds, it is the duty of the county legislative body to set a date for the hearing of such petition and to direct the county clerk to cause to be published a notice in substantially the following form: To all persons or c…

Where a district lies in more than one (1) county, the petition for issuance of refunding bonds shall be filed with the county legislative body of the county where the greater part of the lands of the district are situated, which the legislative body shall have full jurisdiction …

At the time of the hearing provided for in § 69-5-922, the county legislative body shall hear and dispose of all objections in a summary manner and its disposition of the objections shall be final and conclusive on all parties. In the event a remonstrance or remonstrances against…

Upon the entry by the county legislative body of an order providing for the issuance of refunding bonds of any such district, any landowner in the district shall have the right at any time within two (2) weeks from and after the entry of such order, within which to pay the full a…

Upon the issuance of refunding bonds as provided for in §§ 69-5-920 — 69-5-927, the time of payment of the subsequently accruing original annual installments of taxes shall be extended, and the taxes shall become due and payable in such greater number of annual installments and i…

No proceedings shall be required for the issuance of refunding bonds of drainage or levee districts other than those provided by §§ 69-5-920 — 69-5-927, and all powers necessary to be exercised by the board of directors of any drainage or levee district or by the county legislati…

If in any year, on account of the delinquent assessments, and the incidental delay in enforcing their collection, the funds are insufficient to pay the bonds and interest, or bonds or interest maturing for payment in that year, the board of directors of the district has the power…

When any bond or interest coupon of any bond, issued by any district within the state has been past due for two (2) years, and payment has been demanded by the holder of any such at the place designated for payment in such instrument, and also to the chair of the board of directo…

Any receiver appointed pursuant to § 69-5-929 shall have the power to institute suits for the collection of delinquent assessments in the same manner as the district itself would have had and with the same effect and to do all things necessary to collect delinquent assessments or…

The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one-half of one percent (0.5%) for receiving the same, and one half of one-percent (0.5%) for paying out the s…