reglab/housing_qa huggingface dataset:
MS Code § 11-27-35 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-35. Rights-of-way across railroads

 Telephone, telegraph or street railway companies, may acquire a right-of-way across railroads by condemnation by proceeding in accordance with the provisions of this chapter. If a right-of-way across a railroad has been condemned by a telegraph, telephone or street railway company, the railroad company shall be advised of the manner in which such telephone or telegraph company proposes to erect its poles and string its wires or place plant facilities underground, and in case of a street railway company, it shall give the railroad company notice of the manner in which it proposes to construct its tracks across the railroad, and if the railroad company shall object thereto, the public service commission shall have jurisdiction, upon complaint filed with it by the railroad company, to enter an order directing how the poles and wires or underground plant, if a telephone or telegraph company, shall be erected and strung or placed underground, and how tracks, if a street railway company, shall be constructed, and the railroad shall be crossed as ordered, and in no other manner.
MS Code § 11-27-37 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-37. Right of action for expenses

 In case the plaintiff shall fail to pay the damages and costs awarded to the defendant within ninety (90) days from the date of the rendering of the final judgment, if such judgment is not appealed from, or in case the suit shall be dismissed by the plaintiff except pursuant to settlement, or the judgment be that the plaintiff is not entitled to a judgment condemning property, the defendant may recover of the plaintiff in an action brought therefor all reasonable expenses, including attorneys' fees, incurred by him in defending the suit.
MS Code § 11-27-39 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-39. Surveys; right to enter land; liability for damages

 Railroads, street or interurban railroads, mining, lighting, power, telephone, and telegraph corporations, and all other corporations, companies, persons and associations of persons, having rights and powers to condemn property may cause to be made such examinations and surveys for their proposed railroads, lines and stations, as may be necessary to the selection of the most advantageous routes and sites, and for such purpose may, by their officers, agents and servants, enter upon the lands and waters of any person, but subject to liability for all damages done thereto.
MS Code § 11-27-41 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-41. Takings by hydroelectric power companies

 All companies or associations of persons incorporated or organized for the purpose of improving and developing the water power of rivers and streams for generating, distributing and selling electricity and electro-mechanical power for any purpose for which electricity or electro-mechanical power is now or may hereafter be used or applied, are empowered and authorized to exercise the right of eminent domain, as provided in the chapter on that subject, to condemn and take such lands as may be necessary for the establishment of their reservoirs, ponds, dams, and works, and the right-of-way through all lands between such reservoirs, ponds, dams and works and cities, towns and other points where light, heat or power may be consumed, to place and extend their electric wires and conductors, either underground or on poles overhead and to keep same in repair; provided that such wires and conductors shall be so constructed and placed as not to be dangerous to persons or property and to do as little injury as possible.
MS Code § 11-27-45 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-45. Power lines across railroads

 All companies, or associations of persons incorporated or organized for the purposes set forth in Section 11-27-41 may acquire a right-of-way across railroads by condemnation by the exercise of such right of eminent domain. If a right-of-way across a railroad has been condemned by a hydroelectric company, as herein defined, the railroad company shall be advised of the manner in which said hydroelectric company proposes to erect its poles and string its wires and conductors, and if the railroad company shall object thereto, the public service commission shall have jurisdiction upon complaint filed with it by the railroad company to enter an order directing how the poles, wires and conductors shall be constructed, and the railroad shall be crossed as ordered and in no other manner.
MS Code § 11-27-47 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-47. Pipelines

 All companies, associations of persons, municipalities, associations of municipalities, public utility districts authorized by and under the laws of the state of Mississippi, or natural gas districts, incorporated or organized for the purpose of building or constructing pipelines and appliances for the conveying and distribution of oil or gas, including carbon dioxide or other gaseous substances for use in connection with secondary or tertiary recovery projects located within the state of Mississippi for the enhanced recovery of liquid or gaseous hydrocarbons, or for the purpose of constructing, maintaining and operating lines for transmitting electricity for lighting, heating and power purposes, or for the purpose of constructing, maintaining and operating lines and appliances, for storing, transmitting and distributing water and for transmitting, treating and disposing of sewage, are hereby empowered to exercise the right of eminent domain in the manner now provided by law, and to build and construct the said pipelines and appliances along or across highways, waters, railroads, canals and public lands, above or below ground, but not in a manner to be dangerous to persons or property, nor to interfere with the common use of such roads, waters, railroads, canals and public lands.   The board of supervisors of any county through which any such line may pass shall have the power to regulate, within its respective limits, the manner in which such lines and appliances shall be constructed and maintained on and above the highways and bridges of the county. All such companies, associations of persons, municipalities, associations of municipalities, public utility districts authorized by and under the laws of the state of Mississippi or natural gas districts shall be responsible in damages for any injury caused by such construction or use thereof.
MS Code § 11-27-48 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-48. Information from Public Service Commission or Federal Energy Regulatory Commission

 No entity empowered under the laws of the State of Mississippi to exercise the power of eminent domain shall be required, as a condition precedent to exercising such power, to obtain from the applicable regulatory agency, whether the Mississippi Public Service Commission or the Federal Energy Regulatory Commission, or any successor agency, any of the following:   A determination that the entity qualifies as one to which the Legislature has granted the power of eminent domain;   A determination that the entity has complied with state law in invoking the statutory power of eminent domain; or   A certificate of public convenience and necessity for the particular taking in question.   However, this section shall not affect or alter in any way the terms and provisions contained in Sections 77-3-13, 77-3-17 and 77-3-21.
MS Code § 11-27-49 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-49. Public schools

 The boards of trustees of an agricultural high school, or agricultural high school and junior college, or any municipal separate school district, and the county board of education, in the case of other school districts, are authorized and empowered to exercise the right of eminent domain, for the purpose of acquiring property to be used for school and playground purposes. However, the rights of eminent domain created hereunder shall not be used for the condemnation of the property of any school or college whatsoever, either private, fraternal, sectarian or denominational.
MS Code § 11-27-51 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-51. Proceedings filed before 1972 not affected by chapter

 Nothing in this chapter shall be considered or construed to affect in any way any eminent domain proceeding filed before January 1, 1972 and such proceeding may be prosecuted to final conclusion according to the law in effect on the date such proceeding was filed, but the provisions of Section 11-27-29 relating to direct appeals to the supreme court shall apply to cases pending in any county court on January 1, 1972 wherein no appeal has been taken. Nothing in this chapter shall be construed or shall operate to negate, abridge or alter rights vested pursuant to any prior statutes repealed and reenacted hereby, or to affect judicial construction thereof.
MS Code § 11-27-83 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|Right to Immediate Possession|§ 11-27-83. Institution of proceedings; appraisal of property

 If a plaintiff eligible to claim the right of immediate possession under the provisions of Sections 11-27-81 through 11-27-89 shall desire immediate possession of the property sought to be condemned, other than property devoted to a public use, the plaintiff shall so state in the complaint to condemn property filed with the circuit clerk pursuant to Sections 11-27-1 through 11-27-49, Mississippi Code of 1972, and shall therein make and substantiate the following declaration concerning the governmental project for which the property is being condemned:   That the plaintiff shall suffer irreparable harm and delay by exercising the right to condemn said property through eminent domain proceedings pursuant to Sections 11-27-1 through 11-27-49, as opposed to claiming the right of immediate possession of said property pursuant to Sections 11-27-81 through 11-27-89.   The court, or the judge thereof in vacation, as soon as practicable after being satisfied that service of process has been obtained, shall appoint a disinterested, knowledgeable person qualified to make an appraisal of the property described in the complaint to act as appraiser. The appraiser, after viewing the property, shall return to the clerk of court within ten (10) days after his appointment, his report in triplicate, under oath, which report shall state: (1) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the appraiser; and (3) his opinion as to the highest and best use of the property, and a narrative of the facts pertaining to his appraisal.
MS Code § 11-27-85 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|Right to Immediate Possession|§ 11-27-85. Order granting right to immediate title and immediate entry; deposit

  Upon the filing of the report of the appraiser, the clerk shall within three (3) days mail notice to the parties and the court that the report has been filed. The court shall review the report of the appraiser and shall, after not less than five (5) days' notice thereof to the defendants, enter an order granting to the plaintiff title to the property, less and except all oil, gas and other minerals which may be produced through a well bore, and the right to immediate entry unless, for other cause shown or for uncertainty concerning the immediate public need for such property pursuant to Section 11-27-83, the judge shall determine that such passing of title, and right of entry should be denied. However, no person lawfully occupying real property shall be required to move from a dwelling or to move his business or farm operation without at least ninety (90) days' written notice prior to the date by which such move is required.   Upon entry of said order, the plaintiff may deposit not less than eighty-five percent (85%) of the amount of the compensation and damages as determined by the appraiser with the clerk of the court, and upon so doing, the plaintiff shall be granted title to the property, less and except all oil, gas and other minerals which may be produced through a well bore, and shall have the right to immediate entry to said property. The defendant, or defendants, shall be entitled to receive the amount so paid to the clerk of the court, which shall be disbursed as their interest may appear, pursuant to order of the court.   Notwithstanding any provisions of subsections (1) and (2) of this section to the contrary, title and immediate possession to real property, including oil, gas and other mineral interests, may be granted under this section to (a) any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution, (b) the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv)1 and any facility related to such project, (c) a regional economic development alliance for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(xxi) and any facility related to the project; and (d) any county for the purpose of acquiring or clearing title to real property, property and rights-of-way for a project as defined in Section 57-75-5(f)(xxii).
MS Code § 11-27-87 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|Right to Immediate Possession|§ 11-27-87. Effect of insufficiency or excess of deposit

 If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of compensation as determined upon final disposition of the case is in excess of the amount of the deposit, the plaintiff shall pay interest to the owner at the rate of eight percent (8%) per annum upon the amount of such excess from the date of the filing of the complaint until payment is actually made. If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of the compensation as determined upon final disposition of the case is less than the amount of the deposit, the plaintiff shall be entitled to a personal judgment against the owner for the amount of the difference.
MS Code § 11-27-89 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|Right to Immediate Possession|§ 11-27-89. Compensation of appraiser; right to jury trial

 The appraiser shall receive as compensation for his services such sum, plus expenses, as the court allows, which shall be taxed as cost in the proceedings. The sum allowed shall be based upon the degree of difficulty and the time required to perform the appraisal, but may not exceed One Thousand Dollars ($1,000.00) unless, in the opinion of the court, special circumstances warrant a greater sum. An order granting a sum greater than One Thousand Dollars ($1,000.00) must describe in detail the special circumstances that warrant payment of a greater sum.   The making of a deposit by the plaintiff or the withdrawal of said deposit by the defendant or defendants shall not prejudice the right of any party to a trial by jury in the special court of eminent domain to determine the fair market value of the property to be condemned and the damages, if any, to the remainder if less than the whole is taken, as provided in Sections 11-27-1 through 11-27-49, Mississippi Code of 1972.
MS Code § 11-27-91 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|Right to Immediate Possession|§ 11-27-91. Special funds and accounts of highway commission

 The highway commission of the State of Mississippi is hereby authorized to set up and maintain such special funds and accounts as it may consider necessary and proper to make the deposits and pay the costs as authorized by Sections 11-27-81 through 11-27-89, and to pay such judgments as may be entered and such other costs as may be incidental to the acquisition of property for right-of-way purposes. Disbursement from such special funds shall be by check properly drawn against said fund signed by such personnel as may be duly authorized by the highway commission of the State of Mississippi.
MS Code § 11-39-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-1. To what cases applicable

 The remedy by information in the nature of a quo warranto shall lie, in the name of the state, against any person or corporation offending in the following cases, viz.:   First.- Whenever any person unlawfully holds or exercises the functions of any public office, civil or military, or franchise, or any office in any corporation, city, town, or village, and to try the right to any such office.   Second.- Whenever any public officer has done or suffered to be done, or has omitted to do any act, the doing or omission of which works a forfeiture of office.   Third.- Whenever any two or more persons shall act as a corporation, or assume so to do without being legally incorporated.   Fourth.- Whenever any corporation shall be guilty of a misuser or abuse of its powers, or ceases to discharge the duty for which it was created.   Fifth.- Whenever any corporation willfully exercises powers not conferred by law.   Sixth.- Whenever any corporation fails to exercise powers conferred by law and essential to its corporate existence, or implied in its duty to the public.   Seventh.- Whenever any corporation shall be guilty of doing or neglecting to do any act the doing or neglecting of which is made by law a cause of forfeiture of franchise.   Eighth.- Whenever any corporation shall willfully and persistently violate the law made for regulating such corporations, or the criminal law; but acts done in good faith before adjudication of the constitutionality of a doubtful statute shall not be cause of forfeiture.   Ninth.- Whenever it is sought to have the right of any corporation, not created by the laws of this state, to do business in this state forfeited because of its persistent refusal to comply with the laws thereof.   Tenth.- Whenever any nonresident alien or corporation shall acquire or hold lands contrary to law.
MS Code § 11-39-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-3. Proceedings

 The proceedings in the cases set forth in Section 11-39-1 shall be by complaint, in the name of the state, by the Attorney General or a district attorney, on his own motion or on relation of another, and, in a case to try the right to an office, on the relation of the claimant thereof. The complaint shall be filed in the circuit court of the county of the residence of the defendant; or, in the case of an officer, where he acts as such; or, in case of a corporation or pretended corporation, where its principal office or place of business may be or where it may transact any business and has an agent; or, in case of an alien or corporation acquiring or holding land contrary to law, where any of the land is situated.
MS Code § 11-39-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-5. Trial of right to office

 In case the proceedings be on the relation of a person claiming to be entitled to an office, the ground of his claim shall be stated by proper averment, and judgment shall be rendered according to the rights of the respective claimants; and, if it be in favor of the relator, he shall be entitled to the office on qualifying according to law, and may recover of the defendant in an action all damages that may have accrued in consequence of withholding the office from him.
MS Code § 11-39-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-7. Form of complaint against corporation

 For convenience and certainty, the complaint, if against a corporation, shall set out briefly the causes of forfeiture. It may be in the form following, to-wit:   "State of Mississippi, Circuit Court, term, County of . A.D. , "The State of Mississippi, by A B, district attorney for the judicial district of the state, of his own accord (or on the relation of C D, as the case may be) gives the court here to understand and be informed that the corporation of has forfeited all right to exercise any of the franchises and privileges granted it in this, to-wit (set out the causes of forfeiture). "Wherefore, the State of Mississippi, by said district attorney, prays judgment of forfeiture and ouster against said corporation."   Click to view   And in all other cases the complaint shall be in form substantially the same as near as may be, conforming to the state of case.
MS Code § 11-39-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-9. Form of complaint against individuals

 If the complaint be filed against persons exercising corporate franchises without authority, the following language may be used after the word "informed," to-wit:   "That certain persons (naming them) have for months last past used, and still do use, the following liberties and franchises without lawful authority, to-wit: (set out the franchises), which said franchises and privileges the said have usurped, and still do usurp. "Wherefore the State of Mississippi, by said district attorney, prays that they may be debarred of such rights."   Click to view
MS Code § 11-39-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-13. Summons

 After the complaint has been filed, summons shall be issued as required by the Mississippi Rules of Civil Procedure.
MS Code § 11-39-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-15. Court or judge may make certain orders

 During the pendency of the action, the court, or judge in vacation, may make all proper orders for preventing damage or injury to the plaintiff before the case is decided.
MS Code § 11-39-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 39 - Quo Warranto|In General|§ 11-39-19. Judgments against defendants

 If it be found on the trial of an information that a corporation has forfeited its charter, judgment of ouster from the franchises shall be given, and that it be dissolved; and if it be found, on trial, that persons claiming to exercise a franchise are not entitled to the same, the judgment shall be that such persons be debarred and excluded from the use of the franchise; and in both cases the state shall recover costs. If judgment be against the defendant, finding that he has been exercising the functions of an office without authority, he shall be removed from office and debarred therefrom, and shall pay costs.   The court shall order the defendant to deliver over all records, books, and papers in his custody or under his control, belonging to the office, and may make and enforce all orders proper to carry its judgment into effect.