Section 9-9-70 Definitions. Whenever used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) COMMISSION. The county commission with the judge of probate as chairman. (2) CHAIRMAN. The judge of probate acting as chairman of the county commission. (3) SUBDISTRICT. A drainage subdistrict. (4) ENGINEER. The […]
Section 9-9-71 Declaration of benefits of drainage, etc.; declaration of public policy. The establishing of proper control of surface waters upon the agricultural lands of the state through proper distribution and holding of said waters upon said land, the prevention of increased areas of wet, swamp or overflow lands through control of soil erosion and […]
Section 9-9-72 Counties declared drainage districts; county commission to act as and exercise powers of drainage or water management commissioners. For the purpose heretofore expressed and the execution of the powers provided in this article, each county of the state is hereby declared to be and is hereby created a drainage district. The county commission […]
Section 9-9-73 Powers and duties of commission and officers or directors of subdistricts generally. The county commission shall have control of the affairs of the county as such drainage district. No commissioner shall directly or indirectly be interested in any contract made by the county commission, save and except insofar as other land owners are […]
Section 9-9-74 Establishment of subdistricts – Jurisdiction, authority, etc.; purposes. The county commission of any county, as a drainage district, shall have jurisdiction, power and authority to establish drainage subdistricts as provided in this article, to promote, aid and assist the purposes of drainage districts organized under Title 2, Sections 208 through 262 of the […]
Section 9-9-75 Establishment of subdistricts – Procedure. (a) The establishment of a subdistrict shall be undertaken only upon the initiative of one or more of the land owners concerned. Such land owners shall file with the chairman, for which a fee of $1.00 shall be charged, a petition signed by three fourths of the land […]
Section 9-9-76 Entry, approval, etc., of assessments against lands for improvements; proceedings as to delinquencies. (a) When a subdistrict shall have been established by order of the county commission, the owners of land within the subdistrict shall, through their officers or directors and in keeping with the provisions of the constitution and bylaws of the […]
Section 9-9-77 Objections to establishment of subdistrict or to assessments against lands; appeals from orders of commission. Any owner of land within a proposed subdistrict may file with the chairman objections in writing to the establishment of a subdistrict on or before the day set for hearing the engineer’s report on the same. If such […]
Section 9-9-78 Right of condemnation. If it shall be necessary to acquire a right-of-way or an outlet over and through land affected by the improvements, then and in such event the power of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation hereby conferred shall be invoked by application […]
Section 9-9-79 Costs and expenses of organization, operation, etc., of subdistricts. The terms “costs” and “expenses” as used in this article shall include all expenses incident to or necessary to organize, defend, promote, improve, operate, maintain or dissolve a subdistrict. Any funds advanced to set up and establish a subdistrict or proposed subdistrict shall become […]
Section 9-9-80 Construction of article; effect of defect in proceedings upon collection of assessments or functioning of subdistrict; remedies provided in article exclusive. The provisions of this article shall be liberally construed to promote the declared purposes thereof. The collection of any assessment or assessments or the desirable functioning of a subdistrict shall not be […]
