85-8-364. Payment or tender of damages. (1) The damages allowed to the owners of lands must be paid or tendered before the commissioners are authorized to enter upon the lands (for damage to which the award is made) for the construction of any proposed drains, ditches, or levees. If the owner is unknown, if there is a contest in regard to the ownership of the land, if the owner will not receive payment, if there exists a mortgage or other lien against the land, or if the commissioners cannot for any other reason pay the owner, they may deposit the damages with the clerk of court for the benefit of the owner or parties interested, to be paid or distributed as the court shall direct . The deposit has the same effect as the tender to and acceptance of the damages awarded by the owner of the land.

(2) This section does not prevent the commissioners or their agents, servants, and employees from going upon the 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 of the benefits and damages.