Mississippi Code

Miss. Code Ann. § 19-5-165 (2026)

District as public corporation; transfer of assets and liabilities of rural water association to newly created water district

✓ current as of July 2026

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(1) Beginning on the date of the adoption of the resolution creating any district, the district shall be a public corporation in perpetuity under its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.

(2) If the creation of the district is initiated in accordance with Section 19-5-153(3), all assets and liabilities of the nonprofit, nonshare corporation shall become the assets and liabilities of the newly organized district without any further meetings, voting, notice to creditors or actions by members of the board beginning on the date of adoption of the resolution of the board of supervisors creating the district.

Codes, 1942, § 2998.7-22; Laws, 1972, ch. 536, § 2; Laws, 1999, ch. 304, § 3, eff. 8/2/1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).

Notes of Decisions

Cited in 5 cases, 1998–2012 · leading case: Urban Developers LLC v. City of Jackson MS, 468 F.3d 281 (5th Cir. 2006).

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Urban Developers LLC v. City of Jackson MS, 468 F.3d 281 (5th Cir. 2006). “’ ”) (quoting Miss.Code Ann. § 19-5-165). We also find support for our holding in the reasons that support the rule requiring *299 the acts of public boards to be reflected in their minutes.”

Rawls Springs Util. Dist. v. Novak, 765 So. 2d 1288 (Miss. 2000). · cites it 2× “" Miss.Code Ann. § 19-5-165 (1995). The members of the District Board of Directors are appointed by the County Board of Supervisors.”

In re Extension of Boundaries of City of Tupelo v. City of Tupelo, 94 So. 3d 256 (Miss. 2012). “Miss.Code Ann. § 19-5-165 (Rev.2003). . Section 19-5-175 states in part: Districts created under the provisions of Sections 19-5-151 through 19-5-207 shall have the powers enumerated in the resolution of the board of supervisors creating such districts but shall be limited to…”

Shadburn v. Tishomingo Cnty. Water Dist., Inc., 710 So. 2d 1227 (Miss. Ct. App. 1998). “” Miss.Code Ann. § 19-5-165. As a public corporation, its powers are broad, and unlike private water companies operated for profit, it is not subject to water rate regulation of the MPSC.”

Rawls Springs Util. Dist. v. Paul S. Novak (Miss. 1999). “" Miss. Code Ann. § 19-5-165 (1995). Although there are no cases which directly address the issue of whether the board of a utilities district duly created by a county board of supervisors may act only through its minutes, several of this Court's cases provide guidance on the…”

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