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When a Mississippi county may spend public money fixing a private lake dam

Mississippi · Regulation

When a Mississippi county may spend public money fixing a private lake dam

A Mississippi county board of supervisors may spend public money repairing a dam on private land — but only after clearing four statutory gates, and one of them is that not a single affected owner objects in writing. The Attorney General set them out on May 11, 2026, answering the Clarke County Board of Supervisors.1

The facts

Beaver activity had breached a dam on private property, threatening to wash out a public road. The county wanted to know whether it could pay for the repair.

The four gates under Section 19-5-92.1

The opinion says yes, subject to all of the following:

  1. A minutes entry recording the board's finding that the work is necessary to the public health, safety or welfare.
  2. Written notice to every affected property owner, with a reasonable window to object.
  3. No written objection received from any affected owner.
  4. Unless otherwise agreed in writing, a county-funded culvert or bridge preserving the landowner's prior ingress and egress.

Gate three is the one that decides most cases. A single written objection from any affected owner stops the expenditure.

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Related Mississippi HOA Topics

← All Mississippi HOA Topics

  1. MS AG Op., Caves (May 11, 2026), "Repair of Dam on Private Property Under Section 19-5-92.1" ↩
  2. MS AG Op., Thaggard (May 14, 2026), county authority to install culvert pipes and grade entrances ↩
  3. MS AG Op., Povall (June 8, 2026), "Sanitary Sewer Services for Homeowners Residing Outside Municipality" ↩

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