Mississippi § 51-31-97 - Landowners outside of district may use drains.

§ 51-31-97. Landowners outside of district may use drains.

If the owner or owners of any lands lying outside of a drainage district have made or shall hereafter make connection with the main ditch or drain or with any branch or lateral ditch or drain within the district, or if any such land is drained into the ditches and drains of a drainage district by ditches or drains constructed either before or after the organization of such drainage district, and if in either case the lands outside of such drainage district are benefited by the work done in such drainage district, the owner or owners shall be deemed to have made voluntary application to be included in such drainage district. Thereupon, the commissioners shall make a complaint in writing, stating the description of such land or lands benefited, the amount of benefits, the name of the owner or owners thereof, and the description of the drain or ditch making connection with the ditches as near as may be, and file said complaint in the chancery court where said district was organized. Said court or chancellor in vacation shall fix a day, not less than twenty-five days from the filing of the petition, when it shall hear such complaint; and thereupon the clerk of said court shall give each of the landowners notice of said proceedings by mailing each of them notice of said complaint to their post-office addresses not less than ten days prior to the date for said hearing, or personal service may be served on each of them as provided in ordinary suits not less than five days prior to the date of the hearing. On the hearing of the complaint and the issues joined, if any, if the court or chancellor finds the allegations in the complaint true, it shall decree that such lands, or such parts thereof as are benefited, be joined to said district petitioning. Such lands shall thereafter be a part of said petitioning district lands and shall be assessed and dealt with accordingly. Benefits, damages, and assessments may thereafter be made against such added lands on the same notice and under the same proceedings as against lands in the district originally, and said added lands shall be made to appear on the assessment rolls of the district as other lands of the district.