Property of drainage districts — Definition

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  1. (a) As used in this section, a “drainage district” means a:

    1. (1) Drainage improvement district formed by an act of the General Assembly;

    2. (2) Drainage improvement district formed and operated under § 14-120-101 et seq.; or

    3. (3) Drainage improvement district formed and operated under § 14-121-101 et seq.

  2. (b)

    1. (1) No title or right of possession to property of a drainage district, or any portion thereof, shall be acquired by adverse possession or adverse occupancy.

    2. (2) No easement or right of way of a drainage district for flowage, storage rights, and any other servitude upon, over, and across any lands, or any portion thereof, shall be acquired by adverse possession or adverse occupancy.

  3. (c) The real property rights of a drainage district shall not be defeated in any cause of action or proceeding by reason of adverse possession or adverse occupancy of district property, or any portion thereof, where the parties claiming the adverse possession commence legal action after April 5, 2001.


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