(a) In order to discharge the obligations for which the district was originally created and those which it assumed under the terms of this subchapter, the board of directors of any merged drainage district under this subchapter is authorized and empowered:
(1) To exercise any and all the powers and duties of boards of directors of drainage districts as found under § 14-121-301 et seq., including, but not limited to, the authority to:
(A) Improve or extend district boundaries;
(B) Borrow money and issue bonds;
(C) Secure federal aid for surveys of drainage projects;
(D) Cooperate with the United States on drainage projects; and
(E) Employ attorneys for the district;
(2) To carry on district operations as found under § 14-121-401 et seq., including, but not limited to:
(A) Formulating plans for improvements;
(B) Making assessments of benefits and damages within the district;
(C) Reassessing benefits;
(D) Taking appeals;
(E) Altering plans for improvements;
(F) Collecting taxes; and
(G) Issuing bonds;
(3) To exercise any and all of the functions of other drainage districts under authority of § 14-121-501 et seq., § 14-121-601 et seq., § 14-121-701 et seq., § 14-121-801 et seq., § 14-121-901 et seq., and § 14-121-1001 et seq.;
(4) To enter upon, take, and hold any lands, or interests or servitudes therein, whether by purchase, grant, donation, devise, or otherwise that may be deemed necessary and proper for the location, construction, operation, repair, or maintenance of any levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works contemplated to be constructed and thereafter to be perpetually operated and maintained by the district;
(5) To take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, levee foundation, channel rectification, floodway, reservoir, spillway, diversion, drainage canal, or other drainage works; and
(6) (A) To perform maintenance services on its merged drainage system for the purposes of:
(i) Preserving the system;
(ii) Keeping the ditches clear from obstruction; and
(iii) Extending, widening, or deepening the ditches from time to time as may be found advantageous to the merged district.
(B) To this end, the board of directors, from time to time, may levy a uniform maintenance service charge on all lands and landowners in the merged district at a flat rate per acre for the maintenance services.
(b) (1) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interests therein for such purposes and the authority and power to exercise rights of eminent domain.
(2) Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 -- 18-15-1010 and provided further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on those lands regardless of whether the lands are protected or unprotected by levees, and those damages shall be in addition to damages set out in §§ 18-15-1001 -- 18-15-1010. Any action for taking of property or damaging property as provided in this subchapter or in §§ 18-15-1001 -- 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues.
Section: Previous 14-121-1102 14-121-1103 14-121-1104 14-121-1105 14-121-1106 14-121-1107 14-121-1108 14-121-1109 14-121-1110 NextLast modified: November 15, 2016