§ 41-9-262 — Entry of commissioners on land; payment of damages to owner

The damages allowed to the owners of lands shall be paid or
tendered before the commissioners shall be authorized to enter
upon the lands, for damage to which the award is made, for the
construction of any drains, ditches or levees proposed thereon.
If the owner is unknown or there shall be a contest in regard to
the ownership of the lands, or the owner will not receive
payment, or there exists a mortgage or other lien against the
same, or the commissioners cannot for any other reason pay him,
they may deposit the said damages with the clerk of the court,
for the benefit of the owner, or parties interested, to be paid
or distributed as the court shall direct, and such payment shall
have the same effect as the tender to and acceptance of the
damages awarded by the true owner of the land. This section
shall not, however, prevent said commissioners, their agents,
servants and employees going upon said lands to do any and all
work found necessary prior to making their assessment of
benefits and award of damages, and the trial on their report
thereof.