Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 27 - EMINENT DOMAIN (§§ 11-27-1 — 11-27-91) › RIGHT TO IMMEDIATE POSSESSION (§§ 11-27-81 — 11-27-91) › Section 11-27-81 - Who may exercise right of immediate possession

The right of immediate possession pursuant to Sections
11-27-81
through
11-27-89
, Mississippi Code of 1972, may be exercised only:
(a)
By the State Highway Commission for the acquisition of highway rights-of-way only;
(b)
By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;
(c)
By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;
(d)
By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections
65-9-1
through
65-9-31
, Mississippi Code of 1972;
(e)
By any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section
49-17-701
et seq., for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business. A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible. A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013. Provisions of this paragraph (e) shall not apply to House District 109;
(f)
By 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;
(g)
By 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
or any facility related to the project as provided in Section
57-75-11(e)(ii)
;
(h)
By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section
19-5-92
;
(i)
By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section
57-75-5(f)(iv)
. The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (i) after July 1, 2003;
(j)
By a regional economic development alliance created under Section
57-64-1
et seq., for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section
57-75-5(f)(xxi)
. An alliance may not exercise the right to immediate possession under this paragraph (j) after July 1, 2012;
(k)
By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section
57-75-5(f)(xxii)
. A county may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012 ; or
(l)
By any public agency, as defined in Section
57-75-37(7)(a)(ii)
, for the purpose of acquiring land, property or interests therein, including, but not limited to, easements or rights-of-way for public highways and roads, and for public water utilities, public wastewater and wastewater treatment utilities, public drainage utilities and other public utility purposes in connection with a project defined in Section
57-75-5(f)(xxxiii)
.
Codes, 1942, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1975, ch. 447; Laws, 1987 Ex Sess, ch. 24, § 19; Laws, 1989, ch. 535, § 8; Laws, 1990, ch. 470, § 1; Laws, 1994, ch. 310, § 2; Laws, 2000, 3rd Ex Sess, ch. 1, § 11; Laws, 2001, ch. 476, § 2; Laws, 2007, ch. 303, § 11; Laws, 2007, 1st Ex Sess, ch. 1, § 6; Laws, 2008, 1st Ex Sess, ch. 52, eff. 8/21/2008.
Amended by Laws, 2024, ch. 394, SB 2776,§ 1, eff. 4/19/2024.
Amended by Laws, 2017, ch. 404, HB 1330, 10, eff. 7/1/2017.