Mississippi § 51-29-71 - Procedure to alter plans.

§ 51-29-71. Procedure to alter plans.

The commissioners may at any time alter the plans of ditches and drains, but before constructing the ditches according to the changed plans, the changed plans with accompanying specifications, showing the width and depth of the ditches as changed, shall be filed with the clerk of the chancery court, or chancellor in vacation, and notice of such filing shall be given by publication for two insertions in some newspaper issued and having a bona fide circulation in each of the counties in which there are lands belonging to the district. If by reason of such change of plans any property owner deems that the assessment has become inequitable, he may petition the chancery court, or chancellor in vacation, which shall thereupon refer his petition to the board of commissioners of the district, who shall reassess his property, increasing or diminishing his assessment as they may find just. From such action of the commissioners the property owner shall have the same right of appeal to the board of supervisors that is herein provided for in cases of original assessment. However, in no case after the issuance of bonds, shall the assessment be lowered either by the board of commissioners or the chancery court, or chancellor in vacation, so as to endanger the security of said bonds. Any reduction in benefits may be allowed as damages, and the allowances for such damage shall be secondary and subordinate to the rights of holders of bonds or evidences of indebtedness issued theretofore. No change of plans as above authorized shall be made so as to lower the standard of efficiency of the proposed system of improvement, nor so as to jeopardize the rights of any holder or holders of bonds previously issued; and this question may be raised by any landholder before the chancery court, or chancellor in vacation, with rights of appeal as herein provided.