§113. Control of drainage channels and outfall canals in levee and drainage districts

            A. The various levee and drainage districts, and local governing bodies shall have a legal servitude by which control is given to the local governing body or district over all public drainage channels or outfall canals within the limits of their districts which are selected by the district, and for a space of one hundred feet on both sides of the banks of such channels or outfall canals, and one hundred feet continuing outward from the mouth of such channels or outfall canals, whether the drainage channels or outfall canals have been improved by the levee or drainage district, or have been adopted without improvement as necessary parts of or extensions to improved drainage channels or outfall canals, and may adopt rules and regulations for preserving the efficiency of the drainage channels or outfall canals.

            B. Property may not be taken or damaged by the districts or local governing bodies pursuant to this Section, except for public purposes and with just compensation paid to the owner.

            C. The regulation or prohibition of drainage into a public system that is not authorized by a natural servitude or other legal right shall not constitute a taking or damaging of property.

            D. The local governing authority or district shall be immune from damage to public works projects by excessive, unlawful drainage into its system.

            Acts 1991, No. 309, §2; Acts 2025, No. 452, §2.