Mississippi Code
Miss. Code Ann. § 51-35-303 (2026)
Legislative determination and declaration of policy
✓ current as of July 2026
- (a) It is hereby declared, as a matter of legislative determination, that the lands and properties along the waterways and rivers of the state are among its basic resources, that the overflow and surface waters of the state have not heretofore been conserved or fully controlled to realize their full beneficial use, that the control of such waters is necessary to insure adequate protection to the inhabitants of the State of Mississippi and their properties, and to the municipalities of the State of Mississippi, to promote the balanced economic development of the state and to aid in flood control, conservation, and development of lands and property, and of the general health and welfare of the people of the State of Mississippi. It is further determined and declared that the diversion and control of the waters of any rivers on their tributaries and their overflow waters in or near municipalities for the protection and development of domestic, municipal, commercial, industrial, and manufacturing functions, for flood control, and for pollution abatement are, as a matter of public policy, for the general welfare of the entire people of the State of Mississippi.
- (b) The creation of flood and drainage control districts to control the waters of the rivers of the State of Mississippi or their tributaries and their overflow waters is determined to be necessary and essential to the accomplishment of the aforesaid purposes and this article operates on a subject in which the state at large is interested. All the terms and provisions of this article are to be liberally construed to effectuate the purposes herein set forth, this being a remedial law.
Codes, 1942, § 3665-02; Laws, 1962, ch. 226, § 2, eff. 3/20/1962.
Notes of Decisions
Cited in 1
case, 2013–2013 · leading case: Kmart Corp. v. Kroger Co., 963 F. Supp. 2d 605 (N.D. Miss. 2013).
Kmart Corp. v. Kroger Co., 963 F. Supp. 2d 605 (N.D. Miss. 2013). “Miss.Code Ann. § 51-35-303(a). Similarly, the City’s Flood Damage Prevention and Control Ordinance provides that it applies to “all areas of special flood hazard (SFHA) within the jurisdiction of the [City] which may be subject to periodic inundation by floodwaters that can…”
— Miss. Code Ann. § 51-35-303(a) — 1 case
Kmart Corp. v. Kroger Co., 963 F. Supp. 2d 605 (N.D. Miss. 2013). “Miss.Code Ann. § 51-35-303(a). Similarly, the City’s Flood Damage Prevention and Control Ordinance provides that it applies to “all areas of special flood hazard (SFHA) within the jurisdiction of the [City] which may be subject to periodic inundation by floodwaters that can…”
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