reglab/statecodes huggingface dataset:
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-11 - Operation of court

The circuit clerk shall deliver a copy of said order of the court fixing the time and place for the hearing to the sheriff of the county and to the official court reporter. The sheriff shall attend the court and execute all process. The court reporter shall take the testimony. The circuit clerk, in the presence of the sheriff and chancery clerk, shall draw from the jury box of the court the names of twenty-four (24) jurors, or such numbers of jurors as shall be ordered by the court, who shall serve in said court, and shall issue a venire facias to the sheriff, commanding him to summon the jurors so drawn to appear at the time and place designated by the order of the court. All acts and actions of the clerk and sheriff, including the return endorsed on each summons issued, shall be filed by the clerk and made a part of the record in the cause.
Codes, 1942, § 2749-06; Laws, 1971, ch. 520, § 6, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-13 - Separate trials; to injury or to court

Each different property, identified by separate ownership, shall constitute a separate civil action and shall require a separate trial, unless otherwise agreed by all parties with the approval of the court. Trial shall be to a jury which shall be examined and impaneled in accordance with the Mississippi Rules of Civil Procedure. Alternatively, trial may be to the court, as provided by the Mississippi Rules of Civil Procedure.
Codes, 1942, § 2749-07; Laws, 1971, ch. 520, § 7; Laws, 1991, ch. 573, § 63, eff. 7/1/1991.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-15 - Dismissal; grounds; appeal

Any defendant may, not less than five (5) days prior to the date fixed for the hearing of the complaint and in the same court where the complaint is pending, serve and file a motion to dismiss under the Mississippi Rules of Civil Procedure for failure to state a claim upon which relief can be granted on a ny of the following grounds:
(1)
that the plaintiff seeking to exercise the right of eminent domain is not, in character, such a corporation, association, district or other legal entity as is entitled to the right;
(2)
that there is no public necessity for the taking of the particular property or a part thereof which it is proposed to condemn; or
(3)
that the contemplated use alleged to be a public use is not in law a public use for which private property may be taken or damaged. Any such motion, if served and filed, shall be heard and decided by the judge as a preference proceeding, without a jury, prior to the hearing on the complaint. Any party may appeal directly to the Supreme Court from an order overruling or granting any such motion to dismiss, as in other cases, but if the order be to overrule the motion, the appeal therefrom shall not operate as a supersedeas and the court of eminent domain may nevertheless proceed with the trial on the complaint. Any appeal from an order overruling or granting a motion to dismiss shall be a preference action in the Supreme Court and advanced on the docket as appropriate.
Codes, 1942, § 2749-08; Laws, 1971, ch. 520, § 8; Laws, 1991, ch. 573, § 64, eff. 7/1/1991.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-17 - Oath of jurors

When the jury shall be so impaneled, the jurors shall be sworn as follows: "I do solemnly swear or affirm that as a member of this jury I will discharge my duty honestly and faithfully, to the best of my ability, and that I will a true verdict render according to the evidence, without fear, favor, or affection, and that I will be governed by the instructions of the court. So help me God."
Codes, 1942, § 2749-09; Laws, 1971, ch. 520, § 9, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-19 - Evidence of value; award and interest

Evidence may be introduced by either party, and the jury may, in the sound discretion of the judge, go to the premises, under the charge of the court as to conduct, conversation and actions as may be proper in the premises. Evidence of fair market value shall be established as of the date of the filing of the complaint. Any judgment finally entered in payment for property to be taken shall provide legal interest on the award of the jury from the date of the filing of the complaint until payment is actually made; provided, however, that interest need not be paid on any funds deposited by the plaintiff and withdrawn by the defendants prior to judgment. At the conclusion of the trial, the court shall instruct the jury in accordance with the Mississippi Rules of Civil Procedure.
Codes, 1942, § 2749-10; Laws, 1971, ch. 520, § 10; Laws, 1991, ch. 573, § 65, eff. 7/1/1991.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-21 - Damage to remainder; determination

In determining damages, if any, to the remainder if less than the whole of a defendant's interest in property is taken, nothing shall be deducted therefrom on account of the supposed benefits incident to the public use for which the petitioner seeks to acquire the property.
Codes, 1942, § 2749-11; Laws, 1971, ch. 520, § 11, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-23 - Verdict

In the trial of all cases provided for herein, nine (9) jurors may bring in a verdict as in other civil cases. The verdict of the jury shall be in the following form: "We, the jury, find that the defendant (naming him) will be damaged by the acquisition of his property for the public use, in the sum of ____________________ Dollars."
Codes, 1942, § 2749-12; Laws, 1971, ch. 520, § 12, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-25 - Judgment

Upon the return of the verdict, the court shall enter a judgment as follows, viz: "In this case the claim of (naming him or them) to have condemned certain lands named in the complaint, to-wit: (here describe the property), being the property of (here name the owner), was submitted to a jury composed of (here insert their names) on the ____________________ day of ____________________, A. D., ____________________, and the jury returned a verdict fixing said defendant's compensation and damages at ____________________ Dollars, and the verdict was received and entered. Now, upon payment of the said award, with legal interest from the date of the filing of the complaint, ownership of the said property shall be vested in plaintiff and it may be appropriated to the public use as prayed for in the complaint. Let the plaintiff pay the costs, for which execution may issue."
Codes, 1942, § 2749-13; Laws, 1971, ch. 520, § 13; Laws, 1991, ch. 573, § 66, eff. 7/1/1991.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-27 - Transfer of title; payment and deposits previously made

Upon return of the verdict and entry of the judgment, the applicant shall pay to defendants, or to the clerk if defendants absent themselves, the differences between the judgment and deposits previously made, if any; shall pay the costs of court, including the cost of jury service as is otherwise provided by law for the court in which the case is tried. Then, ownership of the property described in the petition shall be vested in petitioner and it may use said property as specified in the petition. If deposits perviously made exceed the judgement, then the clerk or defendant to whom disbursement thereof has been made, as the case may be, shall pay such excess to the petitioner.
Codes, 1942, § 2749-14; Laws, 1971, ch. 520, § 14, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-29 - Appeals

(1)
Every party shall have the right to appeal directly to the Supreme Court from the judgment entered in the special court of eminent domain, whether tried in county court or circuit court, by giving notice within ten (10) days from the date of the judgment or final order entered by the court to the court reporter to transcribe the record as taken and by prepaying all costs that may be adjudged against him; and said notice to the court reporter shall be given and the costs shall be paid as is otherwise required by law for appeals to the Supreme Court. If the judgment be in excess of the sum, if any, deposited, and the plaintiff, other than the State of Mississippi or any political subdivision thereof, desires an appeal, he shall deposit a sum, or a good and sufficient surety bond with a surety company authorized to do business in the State of Mississippi acceptable to the clerk, equal to double the amount of the judgment, less the amount of the deposit, if any, which shall be held exclusively to secure all damages assessed against plaintiff. In any case where the deposit exceeds the compensation to be paid the defendants as determined by the final judgment, the excess shall be returned to the plaintiff. If the appeal is by the defendant, it shall not operate as a supersedeas, nor shall the right of the plaintiff to enter in and upon the land and to appropriate the same to public use by delayed. If the appeal be by the State of Mississippi or any political subdivision thereof, no bond or prepayment of costs shall be required, except the Supreme Court filing fee as required by Section
25-7-3
.
(2)
The term of a special court of eminent domain shall begin when the court is convened as provided by statute and shall continue for ten (10) days immediately following the entry and filing of a judgement or final order with the clerk of the court, and thereafter the court shall have jurisdiction to dispose of any post trial motions or proceedings filed within said ten (10) days. The jurisdiction of a special court of eminent domain shall expire upon the entry and filing with the clerk of a final judgment or order disposing of any post trial motions or proceedings.
Codes, 1942, § 2749-15; Laws, 1971, ch. 520, § 15; Laws, 1978, ch. 335, § 8; Laws, 1980, ch. 366; Laws, 1991, ch. 573, § 67, eff. 7/1/1991.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-30 - Transfer of property acquired by exercise of eminent domain prohibited during the ten years following acquisition; exceptions

No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten (10) years after its acquisition, be transferred or any interest therein transferred to any person, nongovernmental entity, public-private partnership, corporation, or other business entity with the following exceptions:
(a)
The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.
(b)
The above provisions shall not apply where the use of eminent domain (i) removes a public nuisance; (ii) removes a structure that is beyond repair or unfit for human habitation or use; (iii) is used to acquire abandoned property; or (iv) eliminates a direct threat to public health or safety caused by the property in its current condition.
Added by Laws, 2022, ch. 485, HB 1769,§ 1, eff. 4/19/2022.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-31 - Property in more than one county

In case the property sought to be condemned be in more than one (1) county, proceedings may be instituted in either of the counties in which a part of said property is situated.
Codes, 1942, § 2749-16; Laws, 1971, ch. 520, § 16, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-33 - Certain takings of property excluded

The provisions of this chapter shall not be applied to cases provided for by Section 233 of the Constitution, or to those cases covered under the provisions of Section
51-29-39
, Mississippi Code of 1972.
Codes, 1942, § 2749-17; Laws, 1971, ch. 520, § 17, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Codes, 1942, § 2749-18; Laws, 1971, ch. 520, § 18, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Codes, 1942, § 2749-19; Laws, 1971, ch. 520, § 19; Laws, 1978, ch. 335, § 9; Laws, 1991, ch. 573, § 68, eff. 7/1/1991.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Codes, 1942, § 2749-20; Laws, 1971, ch. 520, § 20, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Codes, 1942, § 2749-21; Laws, 1971, ch. 520, § 21, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Codes, 1942, § 2749-23; Laws, 1971, ch. 520, § 23, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Codes, 1942, § 2749-24; Laws, 1971, ch. 520, § 24; Laws, 1984, ch 420, § 2, eff. 4/23/1984.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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)
A determination that the entity qualifies as one to which the Legislature has granted the power of eminent domain;
(b)
A determination that the entity has complied with state law in invoking the statutory power of eminent domain; or
(c)
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
.
Laws, 1997, ch. 453, § 1; Laws, 2007, ch. 483, § 1, eff. 7/1/2007.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Codes, 1942, § 2749-25; Laws, 1971, ch. 520, § 25, eff. 1/1/1972.
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) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 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.
Laws, 1971, ch. 520, § 27, eff. 1/1/1972.
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 11-27-83 - 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.
Codes, 1942, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1986, ch. 465, § 1; Laws, 1991, ch. 573, § 69, eff. 7/1/1991.
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 11-27-85 - Order granting right to immediate title and immediate entry; deposit

(1)
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.
(2)
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.
(3)
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)
.
Codes, 1942, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1986, ch. 465, § 2; Laws, 1988, ch. 447, § 1; Laws, 1991, ch. 573, § 70; Laws, 1994, ch. 310, § 3; Laws, 2000, 3rd Ex Sess, ch. 1, § 12; Laws, 2007, ch. 303, § 29; Laws, 2007, 1st Ex Sess, ch. 1, § 7, eff. 5/11/2007.
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 11-27-87 - 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.
Codes, 1972, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1988, ch. 447, § 2; Laws, 1991, ch. 573, § 71, eff. 7/1/1991.
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 11-27-89 - 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.
Codes, 1942, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1991, ch. 573, § 72; Laws, 1993, ch. 361, § 1; Laws, 2000, ch. 451, § 1, eff. 4/18/2000.
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 11-27-91 - 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.
Codes, 1942, § 2749-04.6; Laws, 1972, ch. 489, § 2, eff. 5/10/1972.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 29 - SEQUESTRATION (§§ 11-29-1 — 11-29-13) › Section 11-29-1 - Issuance of writ of sequestration

When a bill is filed in the chancery court in reference to personal property, and affidavit and bond as required therefor is made and filed, the clerk of the court shall issue a writ of sequestration.
Codes, 1880, § 1854; 1892, § 511; 1906, § 562; Hemingway's 1917, § 322; 1930, § 408; 1942, § 1328.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 29 - SEQUESTRATION (§§ 11-29-1 — 11-29-13) › Section 11-29-3 - Affidavit required

Before any writ of sequestration shall issue, the complainant shall make and file an affidavit showing that he has good cause to believe, and does believe, that there is danger of the removal of the property involved in the suit beyond the limits of the state, or of its concealment in the state so as to be beyond the process of the court, or of its transfer so as to defeat the rights of the complainant, and that such removal, concealment, or transfer is about to occur, and, moreover, shall give the bond required by Section
11-29-5
.
Codes, 1880, § 1854; 1892, § 512; 1906, § 563; Hemingway's 1917, § 323; 1930, § 409; 1942, § 1329.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 29 - SEQUESTRATION (§§ 11-29-1 — 11-29-13) › Section 11-29-5 - Security required

Before the writ of sequestration shall issue in any case, the complainant shall enter into bond with sufficient sureties, payable to the defendant, in double the value of the property proposed to be seized, to be fixed by the clerk from affidavit, or such evidence as may satisfy him, conditioned to pay all damages which may accrue from the wrongful seizure of the property to be sequestered, which bond shall be filed in the cause.
Codes, 1880, § 1854; 1892, § 513; 1906, § 564; Hemingway's 1917, § 325; 1930, § 410; 1942, § 1330.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 29 - SEQUESTRATION (§§ 11-29-1 — 11-29-13) › Section 11-29-7 - Writ granted by chancellor or judge

Writs of sequestration may also be ordered, and the amount of the bond to be given therefor by complainant may be prescribed, by the chancellor or by any judge authorized to grant remedial process of such nature.
Codes, 1880, § 1854; 1892, § 517; 1906, § 568; Hemingway's 1917, § 328; 1930, § 411; 1942, § 1331.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 29 - SEQUESTRATION (§§ 11-29-1 — 11-29-13) › Section 11-29-9 - Contents of writ

The writ of sequestration shall be directed to the sheriff or other proper officer commanding him to seize and take into possession the property in question and to hold the same until the further order of the court or chancellor, or until the defendant from whose possession the same was taken shall enter into bond with sufficient sureties, payable to the complainant in double the value of the property, to be assessed by the officer, conditioned to have the property forthcoming to abide the decree to be made by the court in the cause, or until the said defendant shall enter into bond with sufficient sureties, to be approved by the officer, payable to the complainant, in double the amount of the indebtedness claimed, conditioned for the performance of such final decree as may be entered in the cause. If a forthcoming bond be given, it shall be returned with the writ and filed in the cause, and, in case the property shall not be delivered or forthcoming to abide the decree, the bond shall have the force and effect of a judgment; and execution may issue thereon against all the obligors for the amount of the decree or the value of the property, according to the nature of the case. If a bond in double the debt be given, it shall be returned and filed with the papers in the cause. A bond in double the value of the property shall always be required, except when its value shall greatly exceed the debt and all probable costs.
Codes, 1880, § 1854; 1892, § 514; 1906, § 565; Hemingway's 1917, § 324; 1930, § 412; 1942, § 1332.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 29 - SEQUESTRATION (§§ 11-29-1 — 11-29-13) › Section 11-29-11 - Complainant may bond the property in certain cases

Should the defendant fail to give bond as above allowed, within five days from the date of seizure, then the complainant at whose instance the property was seized may give such bond and receive the property. In such case, the bond shall be dealt with in all respects as if the defendant had given it and retained the property.
Codes, 1880, § 1854; 1892, § 515; 1906, § 566; Hemingway's 1917, § 326; 1930, § 413; 1942, § 1333.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 29 - SEQUESTRATION (§§ 11-29-1 — 11-29-13) › Section 11-29-13 - Disposal of property if not bonded

If neither of the parties litigant shall give such bond as allowed within ten days after the seizure, the officer having possession of the property shall sell the same, in the mode prescribed by law for selling property levied upon under writs of fieri facias, if the property be liable to waste or decay, or if subject to extraordinary expense in preserving the same, and hold the proceeds subject to the future orders of the court. If the property be not liable to waste or decay, or be not expensive to keep, it shall be held by such officer, unless the court or the chancellor shall order it to be sold, as may be done when it is thought best to do so. If such property shall be sold, either by the officer seizing it, in the state of case provided for when he may sell it, or by order of the court or chancellor, the proceeds of such sale shall be subject to the orders of the court or chancellor, as to their safe keeping or investment, during the litigation. If the property seized be liable to immediate waste or decay, it shall be sold immediately. If the defendant do not give bond to retain the property within five days from its seizure, and the complainant do not do so within five days after defendant's failure, either party may, before sale of the property, give the required bond and receive the property, or after sale may give such bond and receive the proceeds.
Codes, 1880, § 1854; 1892, § 516; 1906, § 567; Hemingway's 1917, § 327; 1930, § 414; 1942, § 1334.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 31 - ATTACHMENT IN CHANCERY AGAINST NONRESIDENT, ABSENT OR ABSCONDING DEBTORS (§§ 11-31-1 — 11-31-11) › Section 11-31-1 - Jurisdiction; debtors

The chancery court shall have jurisdiction of attachment suits based upon demands founded upon any indebtedness, whether the same be legal or equitable, or for the recovery of damages for the breach of any contract, express or implied, or arising ex delicto against any nonresident, absent or absconding debtor, who has lands and tenements within this state, or against any such debtor and persons in this state who have in their hands effects of, or are indebted to, such nonresident, absent or absconding debtor. The court shall give a decree in personam against such nonresident, absent or absconding debtor if summons has been personally served upon him, or if he has entered an appearance.
Codes, 1880, § 1832; 1892, § 486; 1906, § 536; Hemingway's 1917, § 293; 1930, § 173; 1942, § 2729.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 31 - ATTACHMENT IN CHANCERY AGAINST NONRESIDENT, ABSENT OR ABSCONDING DEBTORS (§§ 11-31-1 — 11-31-11) › Section 11-31-3 - Attaching property or indebtedness

When a bill shall be filed for an attachment of the effects of a nonresident, absent or absconding debtor in the hands of persons in this state, or of the indebtedness of persons in this state to such nonresident, absent or absconding debtor, it shall be sufficient to bind such effects or indebtedness that the order of attachment together with a copy of the bill of complaint and affidavit be served upon the persons possessing such effects or owing such indebtedness.
Codes, 1880, § 1898; 1892, § 487; 1906, § 537; Hemingway's 1917, § 294; 1930, § 174; 1942, § 2730; Laws, 1980, ch. 467, § 2, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 31 - ATTACHMENT IN CHANCERY AGAINST NONRESIDENT, ABSENT OR ABSCONDING DEBTORS (§§ 11-31-1 — 11-31-11) › Section 11-31-5 - Levy on land

If the land of the nonresident, absent or absconding debtor be the subject of such suit, and an order of attachment be issued, the order shall be levied by the sheriff or other officer as such writs of law are required to be levied on land, and shall have like effect.
Codes, 1880, § 1889; 1892, § 488; 1906, § 538; Hemingway's 1917, § 295; 1930, § 175; 1942, § 2731; Laws, 1980, ch. 467, § 3, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 31 - ATTACHMENT IN CHANCERY AGAINST NONRESIDENT, ABSENT OR ABSCONDING DEBTORS (§§ 11-31-1 — 11-31-11) › Section 11-31-7 - Writs of sequestration for personal property

Writs of sequestration may be issued for personal property in such cases as in others.
Codes, 1880, § 1900; 1892, § 489; 1906, § 539; Hemingway's 1917, § 296; 1930, § 176; 1942, § 2732.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 31 - ATTACHMENT IN CHANCERY AGAINST NONRESIDENT, ABSENT OR ABSCONDING DEBTORS (§§ 11-31-1 — 11-31-11) › Section 11-31-9 - Publication for appearance of defendant

The nonresident, absent or absconding debtor shall be made a party to such suit by publication of summons as in other cases, and may appear and plead, demur or answer to the bill without giving security. If such debtor fails to appear, the court shall have power to make any necessary orders to restrain the defendants within this state from paying, conveying away or secreting the debts by them owing, or the effects in their hands belonging to, the nonresident, absent or absconding defendant, and may order such debts to be paid or such effects to be delivered to the complainant on his giving security for the return thereof in such manner as the court may direct.
Codes, 1857, ch. 62, art. 61; 1880, § 1901; 1892, § 490; 1906, § 540; Hemingway's 1917, § 297; 1930, § 177; 1942, § 2733; Laws, 1980, ch. 467, § 4, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 31 - ATTACHMENT IN CHANCERY AGAINST NONRESIDENT, ABSENT OR ABSCONDING DEBTORS (§§ 11-31-1 — 11-31-11) › Section 11-31-11 - Complainant to give security after decree rendered

If a decree be rendered in such case without the appearance of the absent debtor, the court, before any proceedings to satisfy said decree, shall require the complainant to give security for abiding such further orders as may be made, for restoring of the estate or effects to the absent defendant, on his appearing and answering the bill within two years; and if the complainant shall not give such security, the effects shall remain under the direction of the court, in the hands of a receiver, or otherwise, for such time, and shall then be disposed of as the court may direct.
Codes, 1857, ch. 62, art. 62; 1880, § 1902; 1892, § 491; 1906, § 541; Hemingway's 1917, § 298; 1930, § 178; 1942, § 2734.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 33 - ATTACHMENT AT LAW AGAINST DEBTORS (§§ 11-33-1 — 11-33-107) › Section 11-33-1 - Application

The remedy by attachment shall apply to all actions or demands founded upon any indebtedness, or for the recovery of damages for the breach of any contract, express or implied, and to actions founded upon any penal statutes.
Codes, 1857, ch. 52, art. 1; 1871, § 1419; 1880, § 2414; 1892, § 125; 1906, § 129; Hemingway's 1917, § 121; 1930, § 119; 1942, § 2675.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 33 - ATTACHMENT AT LAW AGAINST DEBTORS (§§ 11-33-1 — 11-33-107) › Section 11-33-3 - Suit against one or more debtors among joint debtors

The creditor may sue out an attachment against one or more of joint debtors or joint and several debtors, whether primarily or secondarily liable, without affecting his rights as against the others.
Codes, 1892, § 126; 1906, § 130; Hemingway's 1917, § 122; 1930, § 120; 1942, § 2676.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 33 - ATTACHMENT AT LAW AGAINST DEBTORS (§§ 11-33-1 — 11-33-107) › Section 11-33-5 - Attachment against partners

In case one or more partners shall be liable to attachment on any of the enumerated grounds therefor, save the first, an attachment may be maintained against said partner, or all of the partners, by the partnership creditors. The property of the partnership, in either case, may be levied on and dealt with in all respects as if the grounds of attachment existed as to all the partners. The effects levied upon may be replevied by the partners sued by giving bond as other defendants in attachments, or, if they fail to do so, any partner not sued therein may replevy the same in like manner; but, by doing so, such partner shall thereby become a party defendant to the suit for all purposes, and judgment may be rendered on his bond against the obligors therein as in other attachment cases.
Codes, 1892, § 127; 1906, § 131; Hemingway's 1917, § 123; 1930, § 121; 1942, § 2677.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 33 - ATTACHMENT AT LAW AGAINST DEBTORS (§§ 11-33-1 — 11-33-107) › Section 11-33-7 - Attachments against nonresidents jointly indebted

When two or more persons, not residing in this state, are jointly indebted, the writ of attachment may be issued against such debtors, or any of them, by their proper names or by the name of the partnership, or by whatever other names such debtors may be called or known in this state, or against the executors or administrators of them or any or either of them, and may be levied upon the separate or joint estate or both of such debtors, and the lands, tenements, money, goods, chattels, effects, rights and credits of such debtors, or any or either of them, which shall be liable to be seized and taken for the satisfaction of any debt or demand for which an attachment will lie.
Codes, Hutchinson's 1848, ch. 56, art. 4 (12); 1857, ch. 52, art. 5; 1871, § 1431; 1880, § 2420; 1892, § 128; 1906, § 132; Hemingway's 1917, § 124; 1930, § 122; 1942, § 2678.