MCA Chapter 27

in effect

Miss. Code Ann. § 69-27-1 Short title.

This article may be known and cited as the “Soil and Water Conservation District Law.”

Miss. Code Ann. § 69-27-2 State Soil and Water Conservation Committee renamed; transfer of powers and duties to State Soil and Water Conservation Commission.

The State Soil and Water Conservation Committee is hereby renamed the State Soil and Water Conservation Commission. The State Soil and Water Conservation Commission shall retain all powers and duties as were accorded to the committee, and wherever the term “State Soil and Water Conservation Committee” or “committee” appears in any law heretofore or hereafter enacted, the same shall be construed to mean the State Soil and Water Conservation Commission.

Miss. Code Ann. § 69-27-3 Legislative determinations and declarations of policy.

It is hereby declared, as a matter of legislative determination: The condition.— That good soil and usable water are essential to the success of agricultural activities in the State of Mississippi; that our farms, forests and grazing lands are among the basic assets of the state; and that the preservation of these lands and usable waters is necessary to protect and promote the health, safety and prosperity of the people. That improper land usage causes the breaking of natural cover, and results in serious soil erosion of the farms, forests and grazing lands by uncontrolled waters; that erosion feeds itself, causing an accelerated washing of sloping fields and pastures, speeding up with the removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erodible subsoil; that failure by any landowner or operator to conserve the soil and water and control erosion upon his lands causes a washing of soil from his lands onto other lands and makes the conservation of soil and water and control of erosion on such other lands difficult or impossible; that good soil and water usage is possible only through joint actions of farmers, ranchers and foresters made possible through legislative action. The consequences.— That the consequences of such soil erosion in the form of soil-washing are the silting and sedimentation of stream channels, reservoirs, dams, ditches, and harbors and the movement of silt into creeks, rivers, ponds, lakes and bayous contributing to the pollution of the surface waters of the state; the piling up of soil on lower slopes, and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand, and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific process for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; a washing of soil into streams which silts over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground and surface water reserve, which causes water shortages, intensifies periods of drought and causes crop failures; and increase in the speed and volume of rainfall runoff, causing severe and increasing floods, which bring suffering, disease, and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings and other property from floods; and losses in navigation, hydro-electric power, municipal water supply, farming and grazing. Other consequences are the loss of surface soil and water because of the denuding of the forests, and the abuse and erosion of sloping lands; the declining mean low flow of the rivers reducing the amount of surface water available seasonally for beneficial use; the decrease in effectiveness and decline of ground water reaching aquifers which provide a source of water for beneficial use; and the increase in rates of runoff from sloping land, adding to flood damage of the flood plains and valleys of the state; all adding to the drainage problem. The appropriate corrective methods.— That to conserve soil and water resources and control and prevent soil erosion, it is necessary that practices contributing to soil and water wastage and soil erosion be discouraged and discontinued, and appropriate water and soil conserving practices be adopted and carried out; that among the procedures necessary for widespread adoption, are the carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, dikes, ponds, lakes, ditches, and the like; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses; afforestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops, retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erodible areas and areas now badly gullied or otherwise eroded. Declaration of policy.— It is hereby declared to be the policy of the legislature to provide for the conservation of the water and soil resources of this state, and for the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, prosperity, and general welfare of the people of this state. It is further declared to be the policy of the legislature to alleviate and prevent flood damage; to conserve the waters of the state through improvement and cover, and through impoundments and effective use for various beneficial purposes; to develop private lands and waters of the state for recreational purposes; to promulgate soil and water conservation practices and measures which beautify the landscape, and promote the economic welfare of communities, counties, and areas of the state; and to provide leadership through soil and water conservation districts to other governmental agencies, departments and private groups in the promotion of the conservation of land, water, and related resources.

Miss. Code Ann. § 69-27-5 Levee districts excepted.

None of the provisions of this article shall apply to any county which is in whole or in part within a levee district bordering on the Mississippi River, unless an order has been passed by the board of supervisors of such county after thirty (30) days notice by publication of its intention so to do.

Miss. Code Ann. § 69-27-7 Definitions.

Wherever used or referred to in this article, unless a different meaning clearly appears from the context: “District” or “soil and water conservation district” means a governmental subdivision of this state, and a public body, corporate and politic, organized in accordance with the provisions of this article, for the purposes, with the powers and subject to the restrictions hereinafter set forth. “Commissioner” means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this article. “Committee” or “State Soil and Water Conservation Committee” means the state and soil and water conservation commission as renamed under the provisions of Section 67-27-2 and created in Section 69-27-9. “Petition” means a petition filed under the provisions of Section 69-27-15 for the creation of a district. “Nominating petition” means a petition filed under the provisions of Section 69-27-31 to nominate candidates for the office of commissioner of a soil and water conservation district. “State” means the State of Mississippi. “Agency of this state” includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state. “United States” or “agencies of the United States” includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America. “Government” or “governmental” includes the government of this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. “Landowner” or “owner of land” includes any person, firm or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this article. “Land operator” or “operator of land” includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this article, whether as lessee, renter, tenant or otherwise. “Due notice” means notice published at least three (3) times with an interval of at least seven (7) days between each publication date, in a newspaper of general circulation within the area where the land proposed to be included in a conservation district is located, or if no such newspaper or general circulation be available, by posting at a reasonable number (not less than five (5)) of conspicuous places within such area, such posting to include posting one (1) copy upon the bulletin board of the courthouse of each county where any of the lands in such proposed district may be located. Notice shall also be given by United States mail to all of the landowners of the proposed district or the district of any hearing or election. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.

Miss. Code Ann. § 69-27-9 State Soil and Water Conservation Commission; members; compensation; seal, records, rules and regulations.

The State Soil and Water Conservation Commission shall be constituted as follows: Eleven (11) voting members: The Commissioner of Agriculture and Commerce; The State Forester; The President of the Mississippi Association of Soil and Water Conservation District Commissioners; The first vice president of the association; The second vice president of the association; The immediate or most recent ex-president of the association willing and able to serve; and Five (5) members to be elected from the membership of the soil and water conservation district commissioners at the annual meeting of the association, one (1) from each United States congressional district by a caucus of the association members from each congressional district as constituted at the time of the caucus, to be elected as follows: First District, one (1) member elected for a one-year term, beginning January 1, 1968, and ending January 1, 1969, his successor to be similarly elected at the 1968 annual meeting of the association for a three-year term ending January 1, 1972, and each successor elected in the succeeding third annual meeting for a three-year term; Second District, one (1) member elected for a two-year term beginning January 1, 1968, and ending January 1, 1970, his successor to be similarly elected at the 1969 annual meeting of the association for a three-year term ending January 1, 1973, and each successor elected in the succeeding third annual meeting for a three-year term; Third District, election to be similar to the Second District; Fourth District, one (1) member elected for a three-year term beginning January 1, 1968, and ending January 1, 1971, each successor to be similarly elected at the succeeding third annual meeting for a three-year term; Fifth District, election to be similar to Fourth District. The elected members of the board as constituted on January 15, 2003, shall continue to serve until the expiration of their respective terms. As the terms of the five (5) members expire, the members shall be elected as follows: one (1) member from each congressional district by caucus of the association members from each congressional district as constituted at the time of the caucus and the remainder to be elected from the state at large by the membership of the association. The position and term of the member elected from the Third District whose term expires January 1, 2004, shall be the term and position of the at large member. The purpose of the above procedure is to provide that when put into effect, elected members will serve three-year staggered terms. The State Soil and Water Conservation Commission is empowered to adopt and carry out procedures for filling unexpired terms of its elected members. The incumbent will continue to serve until his successor is duly qualified and enters into the duties of his office. Two (2) members shall serve ex officio and without voting power, but with all privileges of discussion and debate as follows: The Director of the State Extension Service; and The Director of the State Agricultural and Forestry Experimental Station. Such nonvoting ex officio member who, due to the pressure of his other required official duties, believes that he will be unable to regularly attend meetings of the commission shall designate a substitute to attend in his stead with the same rights and privileges that he would have had. The commission shall designate its chairman and vice chairman and may, from time to time, change such designation. A majority of the voting members of the commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The voting members of the commission shall receive a per diem at the uniform rate established in Section 25-3-69, Mississippi Code of 1972, for their services on the commission for not more than thirty-six (36) days in any one calendar year. In addition, and in the discretion of the commission, all members may be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the commission, not to exceed the rate established in Section 25-3-41, Mississippi Code of 1972, for state officers and employees. The commission may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted, and shall provide for an annual audit of the accounts of receipts and disbursements by the State Auditor. The commission shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this article.

Miss. Code Ann. § 69-27-11 Soil and Water Conservation Commission employees; office of accommodations.

The State Soil and Water Conservation committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The committee may call upon the Attorney General of the state for such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees such powers and duties as it may deem proper. The committee shall supply itself with suitable office accommodations at Mississippi State University of Agriculture and Applied Science or at Jackson, or at any place where the committee shall designate. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard for the needs of the agency to which the request is directed, assign or detail to the committee, members of the staff or personnel of such agency or institution of learning, the duty of making such special reports, surveys or studies as the committee may request.

Miss. Code Ann. § 69-27-13 General duties and powers of Commission.

The State Soil and Water Conservation Commission shall have the following duties and powers: To offer any assistance as may be appropriate to the commissioners of soil and water conservation districts in the carrying out of their powers and programs. To keep the commissioners of each of the districts informed of the activities and experience of all other districts, and to facilitate cooperation between districts. To coordinate the programs of the soil and water conservation districts. To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the districts. To disseminate information concerning the activities and programs of the soil and water conservation districts, and to encourage the formation of districts. To seek and receive grants of monies, and other assets, from any source to carry out this article. To distribute any appropriated or other funds or assets under its control, from state, federal or other governmental agencies or political subdivisions, or from private grants, including matching funds to districts. To establish and administer qualification standards for district commissioners and officers. To give guidance and overall supervision to districts when assistance is requested, or acceptable. To study, classify and evaluate land use needs and problems in the State of Mississippi; to make recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified. To demonstrate to landowners and operators within the state, equipment that will demonstrate energy and soil and water conservation. To enter into and to authorize the executive director to execute with the approval of the commission, contracts, grants, cooperative agreements and memoranda of understanding with any federal or state agency or subdivision thereof, or any public or private institution location inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the purposes of this article. To cooperate with the Commission on Environmental Quality in addressing agricultural nonpoint source pollution. Subject to Section 49-17-13, Mississippi Code of 1972, the Commission on Environmental Quality and the commission shall enter into a memorandum of understanding which shall establish the commission’s role in nonpoint source pollution issues.

Miss. Code Ann. § 69-27-14 Wildflower Seed Revolving Fund.

There is hereby created in the State Treasury a fund designated as the Wildflower Seed Revolving Fund to be used by the Mississippi Soil and Water Conservation Commission to contract for the purchase of wildflower seeds from public or private providers, for resale to local conservation districts or other governmental entities for planting programs. The Wildflower Revolving Fund shall be funded by monies received from the sale of seeds to the local conservation districts or other governmental entities. Monies collected from the sales shall be deposited into the Wildflower Revolving Fund. The State Treasurer shall make disbursements for payment of purchase of wildflower seeds upon requisition by the Soil and Water Conservation Commission and upon the issuance of warrants by the Department of Finance and Administration.

Miss. Code Ann. § 69-27-15 Soil and Water Conservation districts; petition for creation.

Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil and Water Conservation Committee asking that a soil and water conservation district be organized to function in the territory described in the petition. Such petition shall set forth: The proposed name of said district. That there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the territory described in the petition. A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate. A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the committee determine that such a district be created. Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.

Miss. Code Ann. § 69-27-17 Soil and water conservation districts; hearing and determination of necessity therefor.

Within sixty (60) days after a petition pursuant to Section 69-27-15 has been filed with the State Soil and Water Conservation Committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity in the interest of public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this article, and upon all questions relevant to such inquiries. All owners and all operators of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the committee shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the committee shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing water and land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefit such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil and water conservation districts already organized or proposed for organization under the provisions of this article, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 69-27-3. The territory to be included within such boundaries need not be contiguous. If the committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After twelve (12) months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. If it be determined that there is no need for such soil and water conservation district, then in no event shall any expense or part thereof, incurred in connection with the hearing or other proceedings had to determine such question, be assessed against any landowner or other party except those landowners signing the original petition.

Miss. Code Ann. § 69-27-19 Soil and water conservation districts; referendum; commission to pay expenses.

After the committee has made and recorded a determination that there is need, in the interest of public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil and water conservation districts in this article is administratively practicable and feasible. To assist the committee in the determination of such administrative practicability and feasibility, it shall be the duty of the committee, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words “for creation of a soil and water conservation district of the lands below described and lying in the county(ies) of_______________and_______________,” and “against creation of a soil and water conservation district of the lands below described and lying in the county(ies) of_______________and_______________,” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the committee. All owners of lands lying within the boundaries of the territory, as determined by the state soil and water conservation committee, shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. The committee shall pay expenses for the issuance of such notices and the conduct of such hearings and referendums as hereinabove provided for and shall supervise the conduct of such hearings and referendums. It shall issue appropriate regulations governing the conduct of such hearings and referendums, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the results thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

Miss. Code Ann. § 69-27-21 Results of referendum; determination of district’s administrative feasibility.

The committee shall publish the results of a referendum held pursuant to the provisions of this article and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the committee shall give due regard and weight to the attitude of the owners and operators of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners of the proposed district, the probable expenses of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 69-27-3, but the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district. In the event a majority of the votes cast in the referendum shall not have been cast in favor of the creation of such district, then in no event shall any of the expenses incident to the conduct of the referendum, investigation or other proceedings had in connection therewith be assessed against any party other than such parties as signed the original petition.

Miss. Code Ann. § 69-27-23 Organization of soil and water conservation district; procedure; certificate of due organization.

If the committee shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) commissioners to act, with the three (3) commissioners elected as provided hereinafter, as the governing body of the district. Such district shall be a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings: The two (2) appointed commissioners shall present to the Secretary of State an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals): (a) that a petition for the creation of the district was filed with the State Soil and Water Conservation Committee pursuant to the provisions of this article, and that the proceedings specified in this article were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this article; and that the committee has appointed them as commissioners; (b) the name and official residence of each of the commissioners, together with a certified copy of the appointments evidencing their right to office; (c) the term of office of each of the commissioners; (d) the name which is proposed for the district; and (e) the location of the principal office of the commissioners of the district. The application shall be subscribed and sworn to by each of the said commissioners before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer’s presence. The application shall be accompanied by a statement by the State Soil and Water Conservation Committee, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid; that the committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil and water conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the committee did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the committee. The Secretary of State shall examine the application and statement, and, if he finds that the name proposed for the district is not identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil and water conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the State Soil and Water Conservation Committee, which shall thereupon submit to the Secretary of State a new name for said district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed and recorded, as herein provided, the district shall constitute a governmental subdivision of this state and a public body, corporate and politic. The Secretary of State shall make and issue to the said commissioners a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the State Soil and Water Conservation Committee as aforesaid, but in no event shall they include any area included within the boundaries of another soil and water conservation district organized under the provisions of this article. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of the aforesaid sections upon proof of the issuance of the aforesaid certificate by the Secretary of State. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such action or proceeding and shall be proof of the filing and contents thereof. However, the procedural steps required for the issuance of a certificate by the Secretary of State may be attacked in any suit or proceeding involving the validity or enforcement of or relating to any contract, proceeding, or action of the district.

Miss. Code Ann. § 69-27-24 Authority of municipalities to contribute to soil conservation districts.

The governing authorities of an incorporated municipality within this state are authorized and empowered, in their discretion, to make contributions to the various soil conservation districts either now or hereafter located entirely or partially within the county in which the municipality is situated. This section is intended to be cumulative and not to repeal or limit or abridge any laws in this state which provide for assistance to soil conservation districts.

Miss. Code Ann. § 69-27-25 Subsequent petitions may be filed twelve months after the negative determination.

After twelve (12) months shall have expired from the date of entry of a determination by the State Soil and Water Conservation Committee that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this article.

Miss. Code Ann. § 69-27-27 Inclusion of additional territory within existing district.

Petitions for including additional territory within an existing district may be filed with the State Soil and Water Conservation Committee, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The committee shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this article for petitions to organize a district. Where the total number of landowners in the area proposed for inclusion shall be less than twenty-five (25), the petition may be filed when signed by a majority of the owners of such area, and in such cases no referendum need be held. In referendums upon petitions for such inclusion, only owners of land lying within the proposed additional area shall be eligible to vote.

Miss. Code Ann. § 69-27-29 Cities and towns, etc., to be included within district.

All cities, towns, villages or other urban or suburban areas lying within the boundaries of a soil and water conservation district established pursuant to the provisions of the state soil and water conservation district law, as amended, with the approval of the governing authorities of said cities, towns or villages, shall be included in and deemed a part of the district.

Miss. Code Ann. § 69-27-31 Election of three commissioners for each district.

Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a soil and water conservation district, nominating petitions may be filed with the State Soil and Water Conservation Committee to nominate candidates for commissioners of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee unless it shall be subscribed by twenty-five (25) or more owners of lands lying within the boundaries of such district. Landowners may sign more than one such nominating petition to nominate more than one candidate for commissioner but in no event shall a landowner sign more than three (3) such nominating petitions. The committee is hereby authorized to enact and implement rules to provide that not more than one commissioner shall be a resident of any one county or supervisors district, unless there is no person qualified and willing to serve in another county or supervisors district. The committee shall give due notice of an election to be held for the election of three (3) commissioners for the district. The names of all nominees, on behalf of whom such nominating petitions have been filed within the time herein designated, shall appear, arranged in alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three (3) names to indicate the voter’s preference. All owners of lands lying within the district shall be eligible to vote in such election. Only such landowners shall be eligible to vote. The three (3) candidates who receive a majority of the votes cast in such an election shall be elected commissioners for such district. In the event any candidate fails to receive a majority, then the candidates receiving the largest number of votes shall run off in an election to be held two (2) weeks thereafter. The committee shall pay all the expenses of such elections, shall supervise conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results of same.

Miss. Code Ann. § 69-27-33 Appointment, qualifications, and tenure of commissioners.

The governing body of the district shall consist of five (5) commissioners, elected or appointed as provided hereinabove. The commissioners shall be persons who are landowners and/or operators within the geographical areas of the district qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder, and able to attend all meetings. The commissioners shall designate a chairman annually. The term of office of each commissioner shall be three (3) years, except that the commissioners who are first appointed shall be designated to serve for terms of one (1) and two (2) years, respectively, from the date of their appointment. A commissioner shall hold office until his successor has been elected or appointed and has qualified. Vacancies shall be filled by election or appointment as in the case of the election or appointment of other commissioners, but in the event the unexpired terms remaining of the offices vacated are less than one (1) year, said vacancy shall be filled for the unexpired term by the other commissioners. The selection of successors for a full term shall be made in the same manner in which the original retiring commissioners shall, respectively, have been selected. A majority of the commissioners shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. A commissioner and any deputy commissioner shall receive no compensation for their services, but they shall be entitled to expenses, including travelling expenses, necessarily incurred in the discharge of their duties. The commissioners may utilize the services of the county agricultural agents and the facilities of the county agricultural agents’ offices insofar as practicable and feasible, and may, with the approval of the State Soil and Water Conservation Commission employ such other help as may be necessary. Employees hired pursuant to this section, upon agreement by the commissioners and the county board of supervisors, shall be considered as employees of the county or counties in which the district is located solely for the purpose of allowing such county or counties to include these employees in any group life and/or health insurance or workers’ compensation insurance program maintained by the county or counties for its employees and to include these employees in the county payroll system. Upon such agreement, the county or counties shall be responsible for the payment and withholding functions for the commissioners and shall provide the employees with all required tax documents. If more than one (1) county desires to include these employees in a group life and/or health insurance or workers’ compensation insurance program, the counties shall determine the program in which the employees shall be included and the amount of contributions that the other county or counties shall make to that program on behalf of the employees. Nothing in this section shall be construed to mean that these employees are to be considered as county employees for any purpose other than the purpose of including these employees in a county employee group life and/or health insurance or workers’ compensation insurance program and the county’s payroll system. The commissioners may call upon the Attorney General of the state for such legal services as they may require, or may use such other legal counsel as may be available. The commissioners may delegate to their chairman, to one or more commissioners, or to one or more agents, or employees, such powers and duties as they may deem proper, and may appoint such deputy commissioners as they deem appropriate, not to exceed one (1) deputy commissioner for each supervisor district in the soil and water conservation district, to assist the commissioners in the performance of their duties; however, deputy commissioners shall not be entitled to vote on any matter coming before the commissioners. The State Soil and Water Conservation Commission shall establish and administer qualification standards and establish term of office for deputy commissioners. The commissioners shall furnish to the State Soil and Water Conservation Commission, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this article. The commissioners may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements if total annual receipts or expenditures exceeds Sixty Thousand Dollars ($60,000.00) and an annual financial statement if total annual receipts or expenditures is equal to or less than Sixty Thousand Dollars ($60,000.00). The commissioners may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.

Miss. Code Ann. § 69-27-35 Powers of districts and commissioners.

A soil and water conservation district organized under the provisions of this article shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers, and such district and the commissioners thereof shall have the following powers, in addition to others granted in other sections of this article: To conduct surveys, investigations and research relating to the character of soil erosion and the preventive and control measures needed, to publish results of such surveys, investigations or research, and to disseminate information concerning such preventive and control measures. However, in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies. To conduct demonstration projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods, and measures by which water and soil resources may be conserved, and soil erosion in the form of soil washing may be prevented and controlled. To carry out preventive and control measures within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in subsection (c), Section 69-27-3, on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands. To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner or operator of lands within the district, in the carrying on of erosion control and prevention operations within the district, subject to such conditions as the commissioners may deem necessary to advance the purposes of this article. To obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, or devise, any property, real or personal, or rights or interests therein, and all such property shall be exempt from state, county, or municipal taxation; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this article. Notwithstanding any provisions of general law to the contrary, no land or interest therein described under this subsection shall be acquired for recreational purposes by eminent domain proceedings after the effective date of this article. To make available, on such terms as it shall prescribe, to landowners and operators within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, and seedlings, and such other material or equipment, as will assist such landowners and operators to carry on operations upon their lands for the conservation of soil and water resources and for the prevention and control of soil erosion, and to purchase comprehensive insurance on such agricultural and engineering equipment. To construct, improve, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this article, with the consent of two-thirds (2/3) of the landowners owning sixty-six and two-thirds percent (66-2/3%) of all lands affected, whether the owners of such land live within such district or not. To develop comprehensive plans for the conservation of soil and water resources and for the control and prevention of soil erosion within the district, and to bring such plans and information to the attention of owners and operators of lands within the district. To acquire by purchase or lease, and to administer, any water and soil conservation, erosion-control or erosion-prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage as agent of the United States or any of its agencies, or of this state or any of its agencies, any water and soil conservation, erosion-control or erosion-prevention project within its boundaries; to act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil and water conservation, erosion-control or erosion-prevention project within its boundaries; to accept donations, gifts and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, or from private sources, and to use or expend such monies, services, materials, or other contributions in carrying on its operations. To assist individual landowners or operators and organized groups, associations, or other agencies or units of government to plan and establish recreational facilities for family use, income-producing purposes, or for community access. To enter into contracts with the approval of the Governor with any agency of the federal or state government or its political subdivisions to accomplish the objectives of this article. To collect cost-sharing funds, and to establish and implement procedures compatible with the purposes of this article for the necessary financing of water and soil conservation district activities, including the administration of any federal funds made available for the use of the district. To receive and expend funds or monies or other assets from any state or federal agency or any other source, public or private, in furtherance of the purposes of this article. To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal rules and regulations not inconsistent with this article, to carry into effect its purposes and powers. As a condition to the extending of any benefits under this article to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the commissioners may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require landowners and operators to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon. No provision with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the Legislature shall specifically so state.

Miss. Code Ann. § 69-27-37 Adoption of land-use regulations.

The commissioners of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving water and soil and soil resources and preventing and controlling soil erosion subject to the approval of and acceptance by two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent(662/3) of the lands affected by such proposed regulations. Such regulations shall be compatible with state laws, particularly those related to the board of water commissioners. The commissioners may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The commissioners shall not have authority to enact such water and land use regulations into law until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of such proposed regulations, and until after the commissioners have considered the result of such referendum. The proposed regulations shall be embodied in a proposed ordinance. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the contents of such proposed ordinance, or shall state where copies of such proposed ordinance may be examined. The question shall be submitted by ballots, upon which the words “for approval of proposed ordinance No._______________ , prescribing land and water use regulations for conservation of soil and water and prevention of erosion” and “against approval of proposed ordinance No._______________ , prescribing water and land use regulations for conservation of soil and water and prevention of erosion” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed ordinance. The commissioners shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof. All owners of land within the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted. The commissioners shall not have authority to enact such proposed ordinance into law unless two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent(662/3%) of all lands affected by such proposed ordinance shall have voted in favor thereof. The approval of the proposed ordinance by two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent (662/3%) of the land affected by such ordinance shall not be deemed to require the commissioners to enact such proposed ordinance into law. Water and land use regulations prescribed in ordinances adopted pursuant to the provisions of this section by the commissioners of any district shall have the force and effect of law in the said district. Any owners or operators of land within such district may at any time file a petition with the commissioners asking that any or all of the water and land use regulations prescribed in any ordinance adopted by the commissioners under the provisions of this section shall be amended, supplemented or repealed. Water and land use regulations prescribed in any ordinance adopted pursuant to the provisions of this section shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of water and land use regulations. Referendums on adoption, amendment, supplementation, or repeal of water and land use regulations shall not be held more often than once in twelve (12) months. The regulations to be adopted by the commissioners under the provisions of this section may include: Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures. Provisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands to water conserving and erosion-preventing plants, trees, and grasses, afforestation, and reforestation. Specifications of cropping programs and tillage practices to be observed. Provisions requiring the retirement from cultivation of highly erodible areas or of areas on which erosion may not be adequately controlled if cultivation is carried on. Provisions for such other means, measures, operations, and programs as may assist conservation of water and soil resources and prevent or control soil erosion in the district having due regard to the legislative findings set forth in Section 69-27-3. The regulations shall be uniform throughout the territory comprised within the district except that the commissioners may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of water and land use regulations adopted under the provisions of this section shall be made available to all owners and operators of lands lying within the district.

Miss. Code Ann. § 69-27-39 Enforcement of land-use regulations.

The commissioners shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under the provisions of Section 69-27-37 are being observed. The commissioners are further authorized to provide by ordinance that any landowner or operator who shall sustain damages from any violation of such regulations by any other landowner or operator may recover damages at law from such other landowner or operator for such violation.

Miss. Code Ann. § 69-27-41 Performance of work under the regulations by the commissioners.

Where the commissioners of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of Section 69-27-37 are not being observed on particular lands, and that such violations are the proximate cause of damage to any other landowner within the district, then the commissioners may present to the chancery court of the county in which the lands of the defendant may lie a petition, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner or operator or both to observe such regulations, and to perform particular work, operations or avoidance as required thereby and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district and is the proximate cause of damage to other landowners within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time and to order that if the defendant shall fail so to perform the commissioners may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations and recover the costs and expenses thereof from the defendant. Upon the filing of such petition, process shall issue against the defendant returnable in the manner provided by law, and said cause shall be tried in the manner provided by law for the trial of civil actions. The defendant may demand a trial by jury and in such event, the jurors shall have the qualifications of jurors in eminent domain proceedings in the chancery court. If the decree of the court be against the defendant, the court may require the defendant to perform the work, operations, or avoidances, and may provide that upon the failure of the defendant to initiate such performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the commissioners may enter upon the lands involved and perform the work or operations or otherwise bring the condition of such lands into conformity with the requirements of the regulations and may recover the costs and expenses thereof, from the defendant. In no case, however, shall the commissioners enter upon such lands for such purpose until the court shall have found that the landowner or person in possession has not prosecuted such work as was ordered by the court with reasonable diligence. In all cases where the person in possession of lands who shall fail to perform such work, operations, or avoidances shall not be the owner, the owner of such lands shall be joined as party defendant. The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to such order of the court, the commissioners may file a petition with the court, a copy of which shall be served upon the defendant in the case, in the manner provided by law for service of process, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor. The court shall have jurisdiction to enter, upon a hearing to be held not sooner than five days after service of such process, its decree for the amount of such costs and expenses together with the costs of suit, including a reasonable attorney’s fee to be fixed by the court. Such decree shall when entered upon the lis pendens docket of said court, constitute a lien on the lands of the defendant.

Miss. Code Ann. § 69-27-43 Board of adjustment; members; expenses.

Where the commissioners of any district organized under the provisions of this article shall adopt an ordinance prescribing land-use regulations in accordance with the provisions of Section 69-27-37, they shall further provide by ordinance for the establishment of a board of adjustment. Such board of adjustment shall consist of three (3) members, each to be appointed for a term of three (3) years, except that the members first appointed shall be appointed for terms of one (1), two (2), and three (3) years, respectively. The members of each such board of adjustment shall be appointed by the State Soil and Water Conservation Committee, and shall be removable, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason, such hearing to be conducted jointly by the State Soil and Water Conservation Committee and the commissioners of the district. Vacancies in the board of adjustment shall be filled in the same manner as original appointments, and shall be for the unexpired term of the member whose term becomes vacant. Members of the State Soil and Water Conservation Committee and the commissioners of the district shall be ineligible to appointment as members of the board of adjustment during their tenure of such other office. The members of the board of adjustment shall receive no compensation for their services but shall be entitled to expenses, including travelling expenses, necessarily incurred in the discharge of their duties. The commissioners shall pay the necessary administrative and other expenses of operation incurred by the board, upon the certificate of the chairman of the board.

Miss. Code Ann. § 69-27-45 Board of adjustment; procedure; meetings; records.

The board of adjustment shall adopt rules to govern its procedure, which rules shall be in accordance with the provisions of this article, and with the provisions of any ordinance adopted pursuant to Sections 69-27-43 through 69-27-49. The board shall designate a chairman from among its members, and may, from time to time, change such designation. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Any two (2) members of the board shall constitute a quorum. The chairman, or in his absence such other member of the board as he may designate to serve as acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep a full and accurate record of all proceedings, of all documents filed with it, and of all orders entered, which shall be filed in the office of the board and shall be a public record.

Miss. Code Ann. § 69-27-47 Board of adjustment; hearing on land use regulations.

Any landowner or operator may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners, and praying the board to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands owned or operated by the petitioner. Copies of such petition shall be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the chairman of the State Soil and Water Conservation Committee. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The commissioners of the district and the State Soil and Water Conservation Committee shall have the right to appear and be heard at such hearing. Any owner or operator of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board may appear in person, by agent, or by attorney. If, upon the facts presented at such hearing, the board shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties or unnecessary hardship. Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of land-use regulations in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the public interest, and such that the spirit of the land-use regulations shall be observed, the public health, safety, and welfare secured, and substantial justice done.

Miss. Code Ann. § 69-27-49 Appeal from order of board of adjustment.

Any petitioner aggrieved by an order of the board granting or denying, in whole or in part, the relief sought, the commissioners of the district, or any intervening party, may obtain a review of such order in the chancery court of the county in which the lands of the petitioner may lie, by filing in such court a petition praying that the order of the board be modified or set aside and may demand a jury qualified in all respects as the jurors in eminent domain proceedings in the chancery court. A copy of such petition shall forthwith be served upon the parties to the hearing before the board and thereupon the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board, including the documents and testimony upon which the order complained of was entered, and the findings, determination, and order of the board. Upon such filing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of the proceedings and of the questions determined or to be determined therein, and shall have power to grant such temporary relief as it deems just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the board. No contention that has not been urged before the board shall be considered by the court unless the failure or neglect to urge such contention shall be excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by evidence, shall be conclusive. If any party shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such evidence is material and that there were reasonable grounds for the failure to produce such evidence in the hearing before the board, the court may order such additional evidence to be taken before the board and to be made a part of the transcript. The board may modify the findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and it shall file such modified or new findings which, if supported by evidence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in the same manner as are other judgments or decrees of the court.

Miss. Code Ann. § 69-27-51 Cooperation between districts.

The commissioners of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article.

Miss. Code Ann. § 69-27-53 State agencies to cooperate.

Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall cooperate to the fullest extent with the commissioners of such districts in the effectuation of programs and operations undertaken by the commissioners under the provisions of this article. The commissioners of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to Section 69-27-37, shall have the force and effect of law over all such publicly owned lands, and shall be in all respects observed by the agencies administering such lands.

Miss. Code Ann. § 69-27-55 Adjustment of boundaries or withdrawal of lands from district; consolidation with another district; petition.

Any twenty-five (25) owners of land lying within the limits of a portion of a soil and water conservation district organized under the provisions of this article may petition the State Soil and Water Conservation Committee asking that the described area be withdrawn from the present district, or that the district be dissolved, and consolidated with another district or segment of another district, and that the area withdraw or the composite area be designated as an individual soil and water conservation district, with all the powers and responsibilities designated to soil and water conservation districts by law. Such petition shall set forth: The proposed name of such district. That there is a need for adjustment of boundaries or reorganization of territory, to provide for a separate soil and water conservation district to function in the territory described in the petition, in the interest of public health, safety, and welfare. A description of the territory proposed to be included in the adjusted boundaries, or the territory to be withdrawn from an existing district, and the total territory to be included in the new district. A request that the State Soil and Water Conservation Committee duly define the boundaries for such district; that one or more public hearings be held to determine the feasibility and propriety of such changes; and that the committee determine that such adjustments be made or such district created. Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions.

Miss. Code Ann. § 69-27-57 Adjustment or consolidation; hearing and determination of administrative feasibility.

Within sixty (60) days after a petition pursuant to Section 69-27-55 has been filed with the State Soil and Water Conservation Committee, it shall cause due notice to be given of one or more proposed hearings upon the question of the desirability and necessity in the interest of the public health, safety, and welfare, of the adjustment of the boundaries or creation of such district, upon the question of appropriate boundaries of such district, upon the propriety of the petition and other proceedings taken under this article, and upon all questions relevant to such inquiries. All owners and operators of land within the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all owners and all operators of land within the existing district or districts from which territory is being considered for withdrawal, and all other interested parties, shall have the right to attend such hearings and be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed adjusted boundary or within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area to be considered and such further hearing held. After such hearing or hearings, if the committee shall determine, upon the facts presented at such hearings and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for adjustment in the boundaries, or for withdrawing territory from an existing district for the purpose of combination with other territory or district to provide an opportunity for more effective functioning of one or more districts in the territory considered at the hearings, it shall have the power to and shall make and record such determination, and shall define, by metes and bounds, or by legal subdivisions, the boundaries of such adjusted territory, or the boundaries of such district or districts. In making such determination and in defining such boundaries, the committee shall give due weight and consideration to the topography of the area considered, the composition of the soils, the distribution of erosion, the prevailing water and land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefit such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil and water conservation districts already organized or proposed to be organized under the provisions of this article, the relationship to existing political subdivisions of the state, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth by law. If the committee shall determine after such hearings, after due consideration of the said relevant facts, that there is no need for the adjustment in boundary, or the revision of districts in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After twelve (12) months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. The committee shall pay all expenses for the issuance of such notices and the conduct of such hearings as are deemed necessary by the committee. The committee shall supervise the conduct of all hearings provided pursuant to the provisions of this article. It shall issue appropriate regulations governing the conduct of such hearings. If the committee has decided that the adjustment of boundaries or revision of districts is needed, as provided in subsection (2) of this section, it shall have the power to make the determination, upon the facts presented at such hearings, and upon such other relevant facts and information as may be available, that the operation of a district with the adjusted boundaries, or as revised or consolidated within the defined boundaries, is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of a district within the described boundaries is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner provided in Sections 69-27-15 through 69-27-29, except that a referendum as provided therein shall not be deemed necessary, a hearing or hearings being substituted therefor. After twelve (12) months shall have expired from the date of entry of a determination by the State Soil and Water Conservation Committee that operation of a district within the adjusted boundary or revised territory is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as provided in subsection (3) of this section and action taken thereon in accordance with the provisions of Sections 69-27-55 through 69-27-61.

Miss. Code Ann. § 69-27-59 Adjustment or consolidation; applicability and interpretation of certain provisions.

All statutory provisions pertaining to the qualifications, appointment, election, and tenure of commissioners, and the powers of districts and commissioners shall apply to districts whose boundaries are revised or which are reconstituted under Sections 69-27-55 through 69-27-61. The provisions of Sections 69-27-55 through 69-27-61 shall not be interpreted to remove from office commissioners previously appointed or elected to serve existing soil and water conservation districts. However, the State Soil and Water Conservation Committee is empowered to establish rules whereby these officers will continue to serve, either in the existing district, or in the newly constituted district, until the termination date of their present term of office.

Miss. Code Ann. § 69-27-61 Adjustment or consolidation; division of assets.

The State Soil and Water Conservation Committee shall determine from each existing soil and water conservation district from which territory may be withdrawn in the adjustment of boundaries, or revision of a district, the value of cash or bonds on hand, and shall also make an appraisal of the cash value of the equipment, land, or other property of these affected districts, on hand as of the date of issuance of the certificate of organization by the Secretary of State to the revised district, and shall divide the liquid assets on the basis of the proportion of territory withdrawn from the existing district to the total territory in the existing district, make equitable distribution of the equipment, and partition any real property. The decision of the State Soil and Water Conservation Committee in this division of assets shall be final.

Miss. Code Ann. § 69-27-63 Discontinuance of districts.

At any time after the organization of a district under the provisions of this article, any twenty-five (25) owners of land lying within the boundaries of such district may file a petition with the State Soil and Water Conservation Committee praying that the operations of the district be terminated and the existence of the district discontinued. The committee may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof. Within sixty (60) days after such a petition has been received by the committee, it shall give due notice of the holding of a referendum, and shall supervise such referendum, and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words “For terminating the existence of the_______________(name of the soil and water conservation district to be here inserted)” and “Against terminating the existence of the_______________(name of the soil and water conservation district to be here inserted)” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate such referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted. The committee shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the commissioners of the district. In making such determination the committee shall give due regard and weight to the attitudes of the owners and operators of lands lying within the district, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the discontinuance in the district to the total number of votes cast, the approximate wealth and income of the landowners of the district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Section 69-27-3. However, the committee shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district. Upon receipt from the State Soil and Water Conservation Committee of a certification that the committee has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this section, the commissioners shall forthwith proceed to terminate the affairs of the district. The commissioners shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be covered into the state treasury. The commissioners shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district, and shall transmit with such application the certificate of the State Soil and Water Conservation Committee setting forth the determination of the committee that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided, and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the commissioners a certificate of dissolution and shall record such certificate in an appropriate book of record in his office. Upon the issuance of a certificate of dissolution under the provisions of this section, all ordinances and regulations theretofore adopted and in force within such district shall be of no further force and effect. All contracts theretofore entered into, to which the district or commissioners are parties, shall remain in full force and effect for the period provided in such contracts. The State Soil and Water Conservation Committee shall be substituted for the district or commissioners as party to such contracts. The committee shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise as the commissioners of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of Section 69-27-41, nor the pendency of any action instituted under the provisions of such section, and the committee shall succeed to all the rights and obligations of the district or commissioners as to such liens and actions. The State Soil and Water Conservation Committee shall not entertain petition for the discontinuance of any district nor conduct referendums upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this section, more often than once in one (1) year. In the event a majority of the landowners vote to dissolve a district the State Soil and Water Conservation Committee shall dissolve same.

Miss. Code Ann. § 69-27-65 Certain counties authorized to lease road machinery for soil conservation work.

In order to assist in carrying out the objectives set forth in this article, the board of supervisors of Adams, Attala, Benton, Carroll, Chickasaw, Claiborne, Clarke, Clay, Copiah, Covington, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Hinds, Holmes, Jasper, Jefferson, Jefferson Davis, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Pike, Rankin, Scott, Simpson, Stone, Union, Walthall, Warren, Wayne, Webster, Winston, Yalobusha and Yazoo counties of the State of Mississippi are hereby authorized, in their discretion, to lease to any soil conservation district of said respective counties, as authorized in this article, any road machinery belonging to the respective counties upon reasonable terms to be agreed upon, by contract between such board and such district, entered on the minutes of the board of supervisors making the lease. Be it further provided that if no soil conservation district exists within the county that the boards of supervisors of such counties may lease, as provided in subsection (1) of this section, road machinery belonging to the county to agricultural associations organized under the provisions of Sections 79-17-1 through 79-17-39, Mississippi Code of 1972, under the same terms and conditions as specified hereinabove for lease to soil conservation districts.

Miss. Code Ann. § 69-27-67 Counties may contribute to soil conservation districts.

The board of supervisors of any county is authorized and empowered, in its discretion, to make contributions to the various soil conservation districts either now or hereafter located entirely or partially within such county, under the provisions of this article, or elsewhere in the laws of this state. This section is intended to be cumulative and not to repeal or limit or abridge any laws in this state which provide for assistance to soil conservation districts.

Miss. Code Ann. § 69-27-69 Controlling effect of article.

In so far as any of the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling.

Miss. Code Ann. § 69-27-101 Mississippi State University of Agriculture and Applied Science to administer article.

In order to carry out the purposes of the Soil Conservation and Domestic Allotment Act enacted by the Congress of the United States, the Mississippi State University of Agriculture and Applied Science (hereinafter referred to as the “university”) is hereby designated as the agency of the State of Mississippi to administer any state plan authorized by this article which shall be approved by the secretary of agriculture of the United States (hereinafter referred to as the “secretary of agriculture”) for the State of Mississippi pursuant to the provisions of said Soil Conservation and Domestic Allotment Act.

Miss. Code Ann. § 69-27-103 Plan.

The university is hereby authorized, empowered and directed to formulate and submit to the Secretary of Agriculture, in conformity with the provisions of said Soil Conservation and Domestic Allotment Act, a state plan for each calendar year. It shall be the purpose of each such plan to promote such utilization of land and such farming practices as the university finds will tend, in conjunction with the operation of such other plans as may be approved for other states by the Secretary of Agriculture, to preserve and improve soil fertility, promote the economic use of land, diminish the exploitation and wasteful and unscientific use of natural soil resources, and reestablish and maintain the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms as defined in subsection (a) of Section 7 of said Soil Conservation and Domestic Allotment Act. Each such plan shall provide for adjustments in the utilization of land and in farming practices, through agreements with producers or through other voluntary methods, and for benefit payments in connection therewith, and also for such methods of administration not in conflict with any law of this state and such reports as the Secretary of Agriculture finds necessary for the effective administration of the plan and for ascertaining whether the plan is being carried out according to its terms.

Miss. Code Ann. § 69-27-105 Federal grants.

Upon the acceptance by the Secretary of Agriculture of each such plan submitted pursuant to Section 69-27-103, the university is authorized and empowered to accept and receive all grants of money made pursuant to said Soil Conservation and Domestic Allotment Act for the purpose of enabling the state to carry out the provisions of such plan, and all such funds, together with any moneys which may be appropriated by the state for such purpose, shall be available to the university for expenditures necessary in carrying out the plan, including administrative expenses, expenditures in connection with educational programs in aid of the plan, and benefit payments.

Miss. Code Ann. § 69-27-107 Powers of university.

In carrying out the provisions of each plan submitted pursuant to Section 69-27-103, and accepted by the Secretary of Agriculture, the university shall have power: to employ such agents or agencies, and to establish such agencies, as it may find to be necessary; to cooperate with local and state agencies and with agencies of other states and of the federal government; to conduct research and educational activities in connection with the formulation and operation of such plan; to enter into agreements with producers, and to provide by other voluntary methods, for adjustments in the utilization of land and in farming practices, and for payments in connection therewith in amounts which the university determines to be fair and reasonable.

Miss. Code Ann. § 69-27-109 Agents.

For the purpose of carrying out each such plan submitted pursuant to Section 69-27-103, and accepted by the Secretary of Agriculture, according to its terms, the university, through its board of trustees, is hereby authorized to delegate any of the powers herein conferred to such agents or agencies as may be designated by the university and approved by the Secretary of Agriculture.

Miss. Code Ann. § 69-27-111 Reports.

The university shall render for each year an annual report to the Governor, who shall transmit a copy thereof to each house of the Legislature, covering its administration of such plan, as referred to in this article, and all operations thereunder, including also the expenditure of funds, and each such report shall be printed as a public document promptly upon its transmittal to the Governor.

Miss. Code Ann. § 69-27-113 No liability on university.

Nothing herein shall be construed or operate to impose any obligation or liability upon the university or other than as herein specified.

Miss. Code Ann. § 69-27-201 Designated counties authorized to aid soil erosion work.

For the purpose of preventing soil erosion and its accompanying evils in Attala, Carroll, Claiborne, Clay, Copiah, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Holmes, Humphreys, Itawamba, Jackson, Kemper, Lamar, Leake, Lee, Madison, Monroe, Neshoba, Oktibbeha, Pearl River, Pike, Prentiss, Rankin, Scott, Stone, Tishomingo, Union, Warren and Webster Counties, Mississippi, so far as possible, said counties are hereby authorized to declare it to be the policy of the county to encourage and assist owners of land therein to properly terrace and ditch their agricultural lands, and cooperate with the federal government in soil erosion work.

Miss. Code Ann. § 69-27-203 Soil erosion committee.

The director of the state extension service, the director of the state agricultural and forestry experiment station, and the state forester of the State of Mississippi shall, on written application of any five or more landowners of said county, owning an aggregate of not less than seventy-five hundred acres of land therein, appoint a soil erosion committee for said county, to consist of three members, each to be over twenty-five years of age and the record owner of not less than one hundred and sixty acres of land within the county. The term of each member of said committee shall be five years from the date of his appointment, but any member may be removed from office as other public officers and the term of any member of said committee shall cease, if he fails to maintain his ownership of the requisite one hundred and sixty acres of land in the county. Vacancies on said committee shall be filled for a term of five years by appointment in the same manner as the original members were appointed. The members of said committee shall receive no pay for the services to be performed hereunder, but one member of said committee shall be designated by it as secretary of the committee, who shall be paid his reasonable expense out of the soil erosion funds herein provided for, by order of the board of supervisors, upon certificate of the committee.

Miss. Code Ann. § 69-27-205 Soil erosion committees; duties, etc.

It shall be the duty of said soil erosion committee to cooperate with the county agent in all matters pertaining to soil erosion work within the county, and with all agencies of the state or federal government engaged in the prevention of soil erosion; to assist the county agent, or any other agency, state or federal, in obtaining contracts from landowners for terracing and/or ditching of agricultural lands within the county; to recommend to the board of supervisors the purchase of proper machinery and supplies for ditching and terracing work, either or both; to approve in their discretion all contemplated purchases of such machinery by the board of supervisors, after bids have been received therefor and before contracts have been let by said board for the purchase thereof; to approve in their discretion all contracts or agreements made by the board of supervisors for the employment of labor to operate said machinery before the same shall become operative; to approve the rate which each landowner shall pay for the terracing and/or ditching of his land, to be included in the contract therefor, and to supervise the performance of all such contracts; to personally audit at least once each year the soil erosion fund or funds of the county; and to make recommendations to the board of supervisors pertaining to the administration of such fund, and the amount of taxes, if any, necessary to be levied to maintain the same. Nothing in this section contained shall apply to the purchase of machinery or the employment of labor except for soil erosion and ditching work hereunder.

Miss. Code Ann. § 69-27-207 Contracts between county and owner; benefit payments.

All contracts entered into hereunder between a county designated in Section 69-27-201 and an owner of land therein for the terracing and/or ditching thereof shall be in such legal form as may be approved by the attorney for the board of supervisors, and each such contract, before becoming effective, shall contain a legal description of the land, shall be signed in his own behalf by the owner of the land, and if the property contained in such description be a part of the homestead of such owner, by the husband or wife, as the case may be, before at least two witnesses, and properly proved for recording, or acknowledged before some officer authorized to accept acknowledgments, shall be approved in writing by the secretary of the soil erosion committee, and shall be accepted by the board of supervisors, by order upon its minutes setting forth the date of the contract and the name of the landowner. Any number of such contracts may be accepted in one order, but no such contract shall be accepted unless all taxes theretofore becoming due and payable on the land therein described have been paid. Upon the acceptance of such contract or contracts, the clerk of the board of supervisors, acting in his official capacity as chancery clerk, shall note upon the lis pendens record the name of such landowner, together with a description of the land contained in such contract, which listing shall be notice to any subsequent purchaser or incumbrancer. Any subsequent transaction concerning such land shall be by reason of such listing and such notice subject to any and all assessments which may thereafter be made by virtue of such contract. All such contracts so accepted shall remain binding upon the signers thereof unless cancelled by an order of the board of supervisors, either of its own motion or by mutual agreement with the then owner of the land. The county shall not be liable for damages or otherwise because of its cancellation of any such contract, or its failure to perform the same; and the owner of the land shall not be required to make any payment under such contract unless and until the work to be done thereunder has been completed. The amount to be paid by the owner of the land for the work to be done under any such contract may at his option be paid in one payment on or before the 1st day of February following the completion thereof, or in not more than four equal annual payments, the first payment to be due on the first day of February following completion of the work, and one on the first day of February in each year thereafter until all are paid, with six per cent (6%) interest from the maturity date of the first payment; but such option shall be exercised in advance, and the terms of payment stated in the contract. All payments under such contracts shall be made to the tax collector of the county, for the benefit of a soil erosion fund or funds, to be collected, accounted for, paid in, and commissions charged thereon by the tax collector, as in case of other taxes collected for the county, except that sales of land for default in such payments shall be as herein provided.

Miss. Code Ann. § 69-27-209 Machinery and equipment; how purchased; operation; election on question of purchase.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] The board of supervisors of a county as designated in Section 69-27-201 may, on the recommendation of the soil erosion committee, or shall, if so required by the election hereinafter provided for, advertise for bids as in other cases and purchase the proper terracing and/or ditching machinery for the county and provide the necessary labor for the operation thereof, and the necessary supplies and maintenance to properly operate the same, subject, however, to the approval of the soil erosion committee herein otherwise provided. In event the board of supervisors shall fail or refuse to advertise for bids for the purchase of any machinery recommended by said soil erosion committee within sixty (60) days after receipt of such recommendation, it shall, on the filing with it of a petition signed by ten percent (10%) or more of the qualified electors of the county, call and hold as in other cases a special election in said county within sixty (60) days after the filing of the petition, in which election the question shall be, for or against the purchase of terracing and/or ditching machinery for the county; and if a majority of the votes cast in said election be in favor of the purchase of such machinery, then said board shall, at its next meeting, advertise for bids for the purchase thereof, and thereafter further perform the duties required of it hereunder with respect to soil erosion work. Such advertisement for bids shall constitute notice to the public of the intention of the board to make such purchase and the board may proceed accordingly unless on or before the first day of the meeting at which said bids are to be opened a petition, signed by twenty percent (20%) or more of the qualified electors of the county, shall be filed with the clerk of the board protesting against such purchase, in which event such purchase shall not be made unless approved in an election called and held for the purpose in the manner provided for the calling and holding of elections on the question of the issuance of tax anticipation note or notes. Said board shall have full supervision of all soil erosion work, the machinery, labor, supplies, contracts, and the funds arising from work performed, from taxation, if any, or otherwise, except to the extent herein otherwise specifically provided; and in administering the soil erosion fund the board shall take into consideration the repairs and replacements incident to the operation of the character of machinery in use in order that the work may continue without undue interruption as long as may be necessary. All acts and proceedings of the board with respect to soil erosion work and the funds thereof shall be by order upon its minutes, as in other cases. Contracts for terracing and/or ditching shall be performed as nearly as possible in the order of their dates, any deviation therefrom by reason of necessity, public convenience, causes beyond the control of the committee, or agreement with the landowners, to be under the direction of the soil erosion committee. Only one (1) committee shall be appointed in said county.

Miss. Code Ann. § 69-27-211 Machinery and equipment; contracts with owners must be first obtained; additional machinery.

The soil erosion committee shall not, except as herein otherwise provided, make recommendation to the board for the purchase of the first machinery for said county, or part of the county, unless it has contracts in the form herein required, signed by the landowners, duly witnessed, and approved by the secretary of the committee, covering at least seventy-five hundred acres of land, which, however, shall justify the purchase of as many as three outfits of machinery; and thereafter the subsequent contracts made in said county, or part of the county, shall be allocated to the first machinery purchased therefor, until the whole amount reaches a total of not less than four thousand acres to each outfit. Should the committee thereafter obtain or have additional like contracts in said county, or part of the county, covering another four thousand acres or more, the same shall warrant the purchase of additional machinery by recommendation or election as herein provided; and this shall furnish the guide for all further purchases in said county or part of the county. In exceptional cases, where the board finds as a fact that the amount of work to be done upon the land is much greater than in ordinary cases, the board of supervisors may, with the unanimous consent of the soil erosion committee, reduce the amount of contract acreage necessary for the purchase of one outfit of machinery to not less than two thousand acres, and the amount of contract acreage to be allocated to one outfit of machinery to not less than three thousand acres, and the committee may then recommend purchases of machinery when those conditions are complied with, provided that not less than two outfits are owned or to be purchased by said county or part of the county under this article.

Miss. Code Ann. § 69-27-213 Machinery and equipment; certificates of indebtedness for; tax levy; payment of expenses.

The board of supervisors shall have the right to issue certificates of indebtedness of the county for the purchase price of the necessary machinery for soil erosion work hereunder, or any part of such price, to be paid from the soil erosion fund of the county or part of the county for which such machinery is purchased, which certificates shall be payable in no more than three annual instalments, the first of which in the case of two instalments to be not less than one-half of the aggregate certificates issued for that purchase, and the first two of which in the case of three instalments to be for not less than one-third each of such aggregate, the first instalment in any case to be payable on the first Monday in April of the year following that in which the certificates are issued, and subsequent instalment on the first Monday in April each succeeding year. By its order purchasing such machinery the board may provide for the payment of interest at a rate of not more than six per cent (6%) per annum upon the deferred payments evidenced by said certificates, in which event said certificates shall show upon their face that fact, and shall be payable with interest accordingly; and said certificates shall also show upon their face the date when and the purpose for which issued, the principal amount of the certificate, the aggregate amount of the certificates issued for that particular purchase, the date when payable, and whether payable from the soil erosion fund of the whole county or of some named or numbered soil erosion district thereof; and all such certificates shall be signed by the president of the board, shall be countersigned by the clerk thereof, shall have the seal of the county impressed thereon, and shall be registered by the clerk when issued as is required in the case of bonds, and may be validated as such. The board shall also make appropriate provision, by budget and tax levy as in other cases, to so govern and supplement the soil erosion fund arising from performance of contracts for landowners, as to make prompt payments of all bills for labor, fuel, oil, supplies, repairs and other necessary cost and expenses incident to the operation of said machinery, the performance of said contracts, and the carrying out of the provisions hereof, and prompt payment of the certificates of indebtedness issued for the purchase of machinery, with interest, if any, as and when due. The board may also borrow money for the county in anticipation of taxes and the special assessments herein provided for, for the payment of current operating expenses of soil erosion work, as in case of other current operating expenses, the same to be paid out of the soil erosion fund, supplemented if necessary by a special tax as in other cases. Money so borrowed, as well as the certificates of indebtedness issued for the purchase of machinery, shall be a liability of the county until paid. The certificates herein provided for shall not be taken into consideration under any debt limitation statute.

Miss. Code Ann. § 69-27-215 Notice of completion of contracts; special improvement tax; lien; lump sum payment, etc.

It shall be the duty of the soil erosion committee to notify the board of supervisors, the county assessor and the landowner within fifteen days after the performance of each contract by the county or separate soil erosion district, giving the assessor the name of the landowner, the legal description of the land, the amount to be paid to the county or district, and how payable, and to the landowner a notice that a special assessment will be made against his land by the assessor for the amount determined by the committee, and presented to the next meeting of the board of supervisors beginning more than ten days thereafter for approval. The assessor shall, at the next meeting of the board beginning more than ten days after such notice, file with the board of supervisors, in duplicate, on appropriate forms, keeping a copy thereof on file in his own office, an assessment of the land for a special improvement tax thereon equal to the amount fixed by the committee, and payable as provided by the contract. It shall be the duty of the board of supervisors at said meeting to hear any objections to such assessment, by the landowner or the holder of any lien thereon, and to determine the amount of the assessment, not to exceed the amount fixed by the committee, and to approve the assessment as finally determined. The clerk of the board shall forthwith certify such assessment to the tax collector of the county upon the duplicate of the assessment filed by the assessor. In event such assessment be not returned to or acted upon by the board at the first meeting for any reason, it may be returned, considered and acted upon at any subsequent meeting. When approved, such assessment shall be a lien upon the land subordinate only to the lien of other taxes, prior and subsequent, and no delay or irregularity in the giving of notices, the making of the assessment, the hearing and approval thereof, or the certification thereof to the tax collector, shall affect the validity of the assessment if the work was actually done upon the land and the amount of the assessment does not exceed the contract price. Appeals may be taken to the circuit court of the county as in other cases of assessments for taxation, by the landowner or the holder of any lien upon the land. Nothing herein contained shall prevent any landowner from making payment to the tax collector of the estimated amount to become due under his contract, or any part thereof, in advance of the time the same becomes due, and the tax collector shall receive any payment so tendered, and give the landowner credit therefor against the assessment when made.

Miss. Code Ann. § 69-27-217 Tax collector’s role; collection of assessment; sale of land for non-payment; redemption.

It shall be the duty of the tax collector to preserve all assessments so certified to him, to note upon the real property assessment roll of the county or county district upon which ad valorem taxes are to be collected for the year in which said work was done, the fact that said land is subject to a special soil erosion fund tax, and to collect with the other taxes payable on February first, giving a separate receipt therefor, the amount of the special soil erosion fund tax then due accordingly, and to so continue from year to year until such a special tax has been paid in full. If said special tax was to be paid in one payment within one year after completion of the work, the assessment shall be made accordingly, and the tax shall be then payable, and shall be collected at the time shown by the assessment. In event said tax or any part thereof is not paid when due, the tax collector shall advertise and sell the land liable therefor as in the case of lands sold for the non-payment of drainage district taxes, and all provisions of law applicable to such drainage district tax sales shall be applied in the case of soil erosion fund tax sales, except that if there are no other bidders the soil erosion committee shall become the purchaser on behalf of and in the name of the county, a sale or sales may be made on the first Monday of any month, and such sales shall be subordinate to all other sales of taxes, prior or subsequent, to the same extent as sales for other special improvements. For the protection of its rights hereunder, any of said counties may redeem from sale of any such lands to the state after any tax sale thereof by payment to the state of the state taxes with damages thereon and costs of sale.

Miss. Code Ann. § 69-27-219 No contracts on incumbered land.

No contract shall be approved by the soil erosion committee of any of said counties designated in Section 69-27-201, concerning any lands whereon there is any lien of any character whatever, except lien for current taxes, unless the holder of such lien shall have first approved such contract, and such approval shall operate as a waiver of such lien in favor of and in subordination to any subsequent special assessment made in accordance herewith.

Miss. Code Ann. § 69-27-221 Price of equipment.

No bids for furnishing equipment under the provisions of this article may be considered or accepted by any county, unless said bid is the factory list price plus a reasonable delivery charge.

Miss. Code Ann. § 69-27-223 Additional equipment not purchased until.

In the event of a tax levy being made to pay the purchase price of any equipment purchased under this article, the county shall not be authorized to purchase any additional equipment until enough money has been collected from the use of equipment already purchased, sufficient to pay back into the county treasury the full amount collected by such tax levy.

Miss. Code Ann. § 69-27-301 Definitions.

The following words shall have the meanings ascribed herein unless the context clearly requires otherwise: “Commission” shall mean the Mississippi Soil and Water Conservation Commission. “District” or “soil and water conservation district” means a governmental subdivision of the state and a public body , corporate and politic, organized in accordance with the provisions of Section 69-27-1, Mississippi Code of 1972, for the purposes, with the powers and subject to the restrictions hereinafter set forth. “State” means the State of Mississippi. “Agency of this state” includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state. “United States” or “agencies of the United States” includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America. “Government” or “governmental” includes the government of this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. “Landowner” or “owner of land” includes any person, firm, or corporation who shall hold legal or equitable title to any lands lying within a soil and water conservation district. “Land operator” or “operator of land” includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a soil and water conservation district whether as lessee, renter, tenant or otherwise. “Eligible lands” shall mean lands owned or leased by a private individual, group or association, and lands owned by the State of Mississippi or any political subdivision thereof. “Cost-share assistance” shall mean partial financial assistance in such amounts as the commission, in its discretion, shall determine, subject to the limitations as set by the State Soil and Water Conservation Commission. “Approved practice” means those farming practices or operations that are carried out in a manner that will directly benefit the conservation, development or proper utility of soil and water resources.

Miss. Code Ann. § 69-27-303 Administration of program.

The commission shall serve as the administrator of the provisions of this act and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the Soil and Water Cost-Share Program.

Miss. Code Ann. § 69-27-305 Authority to employ personnel and procure supplies.

The commission and districts are authorized to employ such professional and clerical assistance and obtain such supplies and equipment as needed to implement this program.

Miss. Code Ann. § 69-27-307 Rulemaking powers.

The commission shall adopt and promulgate such rules and regulations as necessary for the implementation of the Mississippi Soil and Water Cost-Share Program. The commission is authorized to conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing. The commission shall publish such rules and regulations and shall make the same available upon request.

Miss. Code Ann. § 69-27-308 Participation in water quality cost-share project.

For a district commissioner to participate in any water quality cost-share project funded directly or indirectly by the United States Environmental Protection Agency, the district board of which the commissioner is a member shall not participate in the proposal, development, planning, advisory or implementation phases of the project. The Mississippi Soil and Water Conservation Commission shall make all decisions without the involvement of the district board.

Miss. Code Ann. § 69-27-309 Use of funds appropriated for commission.

The commission is authorized to use money appropriated therefor to assist in implementing approved practices on a cost-sharing basis on eligible lands in the State of Mississippi.

Miss. Code Ann. § 69-27-311 Implementation of program; recovery of improperly used grants.

The commission shall have the following powers and duties to implement the provisions of the Mississippi Soil and Water Cost-Share Program: To determine which approved practices shall be eligible for cost-share assistance; To establish maximum sums and cost-share rates which any one eligible landowner or land operator may receive for implementation of an approved practice; To review periodically the costs of establishing conservation practices and to make such adjustment as, in the discretion of the commission, is necessary. Upon request of the commission, the Attorney General of the State of Mississippi shall institute proper legal proceedings to recover any or all of the cost-share assistance provided an eligible landowner or land operator if the commission shall determine that the landowner or land operator failed to implement any portion of or all of the practice approved by the commission for such landowner or land operator, and if the commission determines that legal proceedings are necessary and proper.

Miss. Code Ann. § 69-27-313 Application for assistance; consideration by commission.

Any eligible landowner or land operator who wishes to receive cost-share assistance shall file an application with the soil and water conservation district stating the practice to be implemented. Upon the receipt of an application, the district shall: Make a need and feasibility determination; Inform the landowner or land operator of the result of the needs and feasibility study and inform the landowner or land operator as to what practice is approved for installation.

Miss. Code Ann. § 69-27-315 Application to state-owned lands.

Any agency, department, board, commission or other subdivision of government of the State of Mississippi, or any political subdivision thereof, is authorized to implement an approved practice on any lands owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county conservation district of the county in which the land is located in the preparation of an application for submission to the district. The district shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.

Miss. Code Ann. § 69-27-331 Conservation commission authorized to acquire and make available machinery and equipment; amortization of costs; rental fees.

The State Soil and Water Conservation Commission, subject to the restrictions provided in Sections 69-27-331 through 69-27-341, is authorized to acquire and to make available, or to assist in acquiring or making available to soil and water conservation districts, heavy or specialized machinery or equipment deemed necessary for installation and implementation of soil and water conservation practices or measures. The heavy or specialized machinery or equipment purchased under this section may be either new or used. The commission may purchase used equipment through a duly licensed and authorized public auction of agricultural, heavy or specialized equipment as authorized under Section 31-7-13. When the commission acquires or makes available to any district the machinery or equipment referred to in subsection (1) of this section, it shall require the district to fully amortize to the commission any amount so expended by the commission for such assistance. The amount and method of amortization for each piece of heavy or specialized machinery or equipment shall be determined by the commission in conjunction with the soil and water conservation district. In making this determination, the following shall be considered: (a) full amortization to the commission of the capital outlay for the machinery or equipment over the period of its reasonably anticipated full usefulness; and, when necessary (b) (i) cover the cost of operation, maintenance and repairs; (ii) pay the usual cost of providing an operator; (iii) compensate the district for the usual costs of transportation from one (1) job to another. In giving effect to all of the foregoing, the commission shall estimate the amount of time such machinery or equipment would ordinarily be idle.

Miss. Code Ann. § 69-27-333 Commission to retain title to machinery and equipment.

The Soil and Water Conservation Commission shall retain title to each piece of heavy or specialized machinery or equipment so purchased and made available to any soil and water conservation district until such time as the district fully amortizes the commission’s investment in such machinery or equipment. After the commission’s investment in such machinery or equipment has been fully amortized, it is authorized and empowered to transfer the title thereto to the district.

Miss. Code Ann. § 69-27-335 Record keeping requirements; inventory of equipment.

Each soil and water conservation district which receives or uses the machinery or equipment referred to in Section 69-27-331 shall maintain its public records to show for each piece of machinery or equipment: (a) the amounts collected from each job in each district; (b) the expense of repairing, moving, manning and other usual cost of operation; and (c) the amount paid by each district for the purpose of amortizing the commission’s investment in such machinery or equipment. Each of such districts shall send a duplicate copy of those records to the commission, which shall retain such copies in its files for public inspection. In addition thereto, the commission shall at all times maintain an account showing each piece of machinery or equipment the title to which is vested in it, the amount paid thereon by any soil and water conservation district, and the amount remaining to be amortized; and the commission shall also maintain a current inventory of all such equipment, shall have such equipment marked and identified as being the property of the commission, and shall promulgate rules and regulations which shall ensure that the use of such equipment within each district is on an equitable basis.

Miss. Code Ann. § 69-27-337 Payment of amortized rental fees; collection of delinquent payments; deposit of funds.

The amount paid by any such district to the commission for amortization purposes shall be made semiannually. When payments are not received by the commission within sixty (60) days of the due date the commission shall take all necessary actions to collect such delinquent payments. Amounts received or collected hereunder shall be credited to the revolving fund created in Section 69-27-343.

Miss. Code Ann. § 69-27-339 Conservation districts authorized to obtain machinery or equipment in combination.

Any two (2) or more soil and water conservation districts may combine with each other for the purpose of obtaining and using the machinery or equipment referred to in Section 69-27-331, on the terms and conditions set forth in Sections 69-27-331 through 69-27-341.

Miss. Code Ann. § 69-27-341 Commission authorized to promulgate rules and regulations.

The commission is authorized to promulgate such rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed in Sections 69-27-331 through 69-27-341.

Miss. Code Ann. § 69-27-343 Revolving fund.

There is created in the State Treasury a revolving fund which shall be comprised of any monies appropriated thereto by the Legislature, the proceeds from any bonds issued under Sections 69-27-345 through 69-27-365, and payments made by districts to the commission for amortization purposes. The costs of all machinery and equipment acquired by the commission for soil and water conservation districts under Sections 69-27-331 through 69-27-341 shall be paid from the revolving fund. The monies in the revolving fund shall not be used for any purpose other than to make available to soil and water conservation districts the machinery and equipment of the type referred to in Section 69-27-331 or to make principal and interest payments on the bond issue as required by Section 69-27-347. The monies in the revolving fund shall not lapse to the General Fund at the end of the fiscal year.

Miss. Code Ann. § 69-27-345 Authority to issue bonds to fund revolving fund.

The State Soil and Water Conservation Commission is authorized, at one time or from time to time, to declare by resolution the necessity for issuance of negotiable general obligation bonds of the State of Mississippi to provide funds for the revolving fund established in Section 69-27-343. Upon the adoption of a resolution by the commission, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by Sections 69-27-345 through 69-27-365, the commission shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of same, the State Bond Commission, in its discretion, shall act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The amount of bonds issued under Sections 69-27-345 through 69-27-365 shall not exceed Five Hundred Thousand Dollars ($500,000.00) in the aggregate.

Miss. Code Ann. § 69-27-347 State’s full faith and credit pledged; repayment of bonds.

For the payment of such bonds and the interest thereon, the full faith, credit, and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature finds that there are sufficient funds available in the General Fund of the State Treasury to pay maturing principal and accruing interest of the bonds, and if the Legislature appropriates such available funds for the purpose of paying such maturing principal and accruing interest, then the maturing principal and accruing interest of the bonds shall be paid from appropriations made by the Legislature from the General Fund of the State Treasury. All monies in such revolving fund which are not necessary to pay accruing bonds and interest shall be invested by the State Treasurer in such securities as are provided by law for the investment of funds of the state, and the earnings on such investments shall be transferred by the Treasurer into the revolving fund created in Section 69-27-343.

Miss. Code Ann. § 69-27-349 Terms of bonds; sale of bonds; expenses of issuance.

Such bonds may be executed and delivered by the state at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding twenty (20) years from the date thereof, may be payable at such place or places, whether within or without the State of Mississippi, may bear interest payable at such time or times and at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the State Bond Commission under which the bonds are authorized to be issued. Such bonds shall not bear a greater overall maximum interest rate to maturity than that authorized by law for general obligation bonds. If deemed advisable by the State Bond Commission, there may be retained in the proceedings under which any such bonds are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and briefly recited or referred to on the face of the bonds, but nothing herein contained shall be construed to confer on the state any right or option to redeem any bonds, except as may be provided in the proceedings under which they shall be issued. Any such bonds shall be sold on sealed bids at public sale, and for such price as the State Bond Commission determines to be in the best interest of the State of Mississippi, but no such sale shall be made at a price less than par value plus accrued interest to date of delivery of the bonds to the purchaser. The state may pay all expenses, premiums and commissions which the State Bond Commission may deem necessary or advantageous in connection with the issuance thereof, but solely from the proceeds of the bonds. The issuance by the state of one or more series of bonds shall not preclude it from issuing other series of bonds, but the proceedings under which any subsequent bonds may be issued shall recognize and protect any prior pledge made for any prior issuance of bonds.

Miss. Code Ann. § 69-27-351 Interest on bonds; maturity of bonds.

No bond issued under Sections 69-27-345 through 69-27-365 shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified on the bonds; and all bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on bonds shall be payable semiannually or annually, except the first interest coupon attached to any bond may be for any period not exceeding one (1) year. If bonds are issued in coupon form, no interest payment shall be evidenced by more than one (1) coupon, and neither cancelled nor supplemental coupons shall be permitted. If serial bonds, such bonds shall mature annually, and the first maturity date thereof shall not be more than five (5) years from the date of such bonds.

Miss. Code Ann. § 69-27-353 Notice of sale of bonds.

Notice of the sale of any such bonds shall be published at least two (2) times, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals with a large national circulation, to be selected by the State Bond Commission.

Miss. Code Ann. § 69-27-355 Execution of bonds; signatures on bonds.

All bonds shall be executed on behalf of the state by the manual or facsimile signature of the Chairman of the State Bond Commission and shall be countersigned by the manual or facsimile signature of the Secretary of the State Bond Commission. All coupons shall be executed on behalf of the state by the facsimile signatures of the Chairman and Secretary of the State Bond Commission. If the officers whose signatures or countersignatures appear on the bonds or interest coupons shall cease to be such officers before delivery of the bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery, or had been in office on the date such bonds may bear.

Miss. Code Ann. § 69-27-357 Deposit of proceeds of bonds; disbursements.

Upon the issuance and sale of such bonds, the State Bond Commission shall transfer the proceeds of any such sale or sales to the revolving fund created in Section 69-27-343. The proceeds of such bonds shall be disbursed solely upon the order of the Soil and Water Conservation Commission under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

Miss. Code Ann. § 69-27-359 Attorney General to represent Bond Commission in issuing bonds; payment of costs.

Except as otherwise authorized in Section 7-5-39, the Attorney General of the State of Mississippi shall represent the Soil and Water Conservation Commission in issuing, selling and validating bonds authorized under Sections 69-27-345 through 69-27-365, and the commission is authorized to pay from the proceeds derived from the sale of such bonds or from other funds available to the commission, the reasonable cost of approving attorney’s fees, validating, printing, cost of delivery of such bonds and any other necessary costs of issuance.

Miss. Code Ann. § 69-27-361 Bonds as legal investments.

Bonds issued under Sections 69-27-345 through 69-27-365 shall be legal investments for commercial banks, trust companies, savings and loan associations and insurance companies organized under the laws of this state.

Miss. Code Ann. § 69-27-363 Bonds and income exempt from certain taxes.

All bonds issued under Sections 69-27-345 through 69-27-365 and the income therefrom shall be exempt from all taxation except gift, transfer and inheritance taxes.

Miss. Code Ann. § 69-27-365 Sections 69-27-345 through 69-27-363 as complete authority for issuance of bonds.

Sections 69-27-345 through 69-27-363, without reference to any statute not referred to herein, shall be deemed to be full and complete authority for the issuance of such bonds, and shall be construed as an additional and alternative method therefor, and none of the present restrictions, requirements, conditions or limitations of law applicable to the issuance or sale of bonds, notes or other obligations by the state shall apply to the issuance and sale of bonds under Sections 69-27-345 through 69-27-363, and no proceedings shall be required for the issuance of such bonds other than those provided for and required herein, and all powers necessary to be exercised in order to carry out the provisions of Sections 69-27-345 through 69-27-363 are hereby conferred.

Miss. Code Ann. § 69-27-367 Severability provision.

If for any reason any section, paragraph, provision, clause or part of Sections 69-27-345 through 69-27-365 shall be held unconstitutional or invalid, that section shall not affect or invalidate any other section, paragraph, provision, clause or part of sections 69-27-331 through 69-27-367 not in and of itself invalid, but the remaining portions thereof shall be in force without regard to that so invalidated.

Miss. Code Ann. § 69-27-369 Sale of equipment by Commission; retention and use of funds solely for purchase of equipment.

The Soil and Water Conservation Commission is hereby authorized to retain all funds generated from the sale of equipment. Any funds made available from the sale of equipment shall be deposited into the special fund in the State Treasury to the credit of the Soil and Water Conservation Commission and shall be used solely for the purpose of purchasing equipment. Sales of equipment may be made by the Soil and Water Conservation Commission by any lawful method, including public auction. The Department of Audit shall adopt rules and regulations governing any sale conducted by public auction.

Miss. Code Ann. § 69-27-401 Creation of fund; purpose and use of monies in fund.

There is created in the State Treasury a special fund to be designated as the “Natural Resources Conservation Education Fund.” The fund shall consist of such monies as are required to be deposited therein under Section 27-19-56.19; any gifts, grants or other contributions from any federal, state or local government or any person, firm or corporation; and such other monies as the Legislature may appropriate or authorize to be deposited into the fund. Monies in the fund may be used upon appropriation by the Legislature, by the Mississippi Soil and Water Conservation Commission to develop, produce and distribute materials used to educate individuals, groups or both, as to the natural resources of the State of Mississippi and the conservation of such resources.