reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-163 - Disposition of proceeds of sale authorized by Section 65-1-161

When the property described in Section
65-1-161
is conveyed to the Mississippi Highway Department as authorized, the proceeds from this conveyance of parcels 1, 2, 3 and 4, shall be deposited to the credit of the Mississippi School for the Deaf and the Mississippi School for the Blind, in a special account created in the State Treasury for the use of the Governor's Office of General Services, Bureau of Building, Grounds and Real Property Management for the renovation of capital improvements of buildings and grounds on school property. The proceeds from the conveyance of the property in parcel 5 shall be deposited to the credit of Special Fund Account of the Mississippi Department of Agriculture and Commerce for the use and benefit of the Mississippi Agriculture and Forestry Museum. Monies in the special funds shall be expended only upon appropriation by the Legislature and upon requisitions signed by the proper person, officer or officers. Any monies appropriated from the special funds shall be in addition to other legislative appropriations which shall not be reduced because of the existence of the special fund.
Laws, 1988, ch. 392, § 2, eff. 4/19/1988.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-165 - Contract for development of comprehensive statewide litter prevention program

The State Highway Department is hereby authorized to execute a contract with Keep Mississippi Beautiful, Inc., to develop and implement a comprehensive statewide program of litter prevention. The contract shall contain provisions to require that Keep Mississippi Beautiful, Inc., will:
(a)
Encourage and assist local communities to become certified Keep America Beautiful systems.
(b)
Serve as a state clearinghouse of information on ideas and projects to make local litter prevention programs more effective.
(c)
Implement statewide communication programs to alert people to the problem of littering and how it can be corrected.
(d)
Coordinate an annual statewide project which will heighten public awareness of the problem of littering.
(e)
Establish an annual awards program to recognize individual and community achievement in litter prevention.
(f)
Serve as the authority which approves and disburses financial assistance to any nonprofit corporation, county or municipality which, in a written application, seeks such assistance to implement a local litter prevention project. The financial assistance authorized herein shall not exceed forty percent (40%) of the cost of the local litter prevention project for which such assistance is sought.
(g)
Encourage donation of funds from the private sector to assist in defraying the operation of the litter prevention program implemented pursuant to this section.
The contract may include any additional provisions which the highway department deems necessary to effectuate the litter prevention program contemplated by this section.
Keep Mississippi Beautiful, Inc., shall submit to the highway department on or before August 1 of each year a written report detailing the operation of the litter prevention program statewide and its expenditure of monies for such program during the preceding state fiscal year.
Laws, 1988, ch. 574, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-167 - Statewide litter prevention fund

There is hereby created in the State Treasury a special fund to be known as the Statewide Litter Prevention Fund. Monies may be expended out of such fund, pursuant to appropriation by the Legislature, to implement the statewide litter prevention program established under the provisions of Section
65-1-165
. Disbursements from such fund shall be made only upon requisition of the Director of the State Highway Department with the approval of the State Highway Commission.
Laws, 1988, ch. 524, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-169 - Removal or termination of obstructions, encroachments and unauthorized uses of property acquired for highway purposes

The State Highway Commission is hereby authorized to maintain property acquired for highway purposes free and clear of any obstruction, encroachment or any other use not authorized by the commission. Before removing or terminating any obstruction, encroachment or other unauthorized use, the State Highway Commission shall give notice by registered mail to the offending party of its intention to remove or terminate such obstruction, encroachment or other unauthorized use unless, within forty-five (45) days from the date such notice is mailed, the offending party institutes a civil action in any court of competent jurisdiction with respect to the removal or termination proposed by the Highway Commission. When the State Highway Commission has removed or terminated any obstruction, encroachment or other unauthorized use after the mailing of notice as required above and upon the failure of the offending party to institute an action within the forty-five-day time period, the Highway Commission may institute a civil action in any court of competent jurisdiction against the offending party for all costs incurred in the removal or termination thereof.
The State Highway Commission, the State Highway Department and State Highway Department personnel shall not be liable, civilly or criminally, for any property damages or personal injuries incurred by any person for the removal or termination of such obstruction, encroachment or unauthorized use in accordance with the provisions of this section provided that reasonable care is exercised in the termination or removal of the obstruction, encroachment or unauthorized use. The provisions of this section shall not be construed as a waiver, in whole or in part, of the sovereign immunity of the state, the State Highway Commission or the State Highway Department.
The provisions of this section shall apply only to the removal or termination of obstructions, encroachments or other unauthorized uses of property acquired for highway purposes which first occur or are created on or after July 1, 1988. The provisions of this section shall not apply to or affect any right or remedy which the State Highway Commission was authorized by law prior to July 1, 1988, to exercise in the removal or termination of any such obstructions, encroachments or other unauthorized uses occurring or created before July 1, 1988.
Laws, 1988, ch. 559, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-171 - Construction of bridge across Pearl River at City of Jackson connecting counties of Rankin and Hinds

Pursuant to federal appropriations for transportation system improvements, the Mississippi Department of Transportation is hereby authorized and empowered to construct a road and bridge along the following route: Begin at or near North State Street in the City of Jackson's central business district and extend in an easterly direction across the Pearl River to Mississippi 475 at or near the entrance to the Jackson International Airport, for a total distance of approximately 4.6 miles. Final roadway alignment will be determined by a feasibility study.
To defray the cost of the project, the department shall utilize only monies made available to it from the boards of supervisors and the governing authorities of the counties and municipalities within which such project is located; however, the department may utilize state funds to match any federal funds which are specially provided for preliminary engineering, right-of-way acquisition and construction for the connections between I-55 and Mississippi 475 at or near the entrance to the Jackson International Airport, in addition to those federal funds with obligational authority as are regularly apportioned and appropriated to the State of Mississippi for highway purposes. Accessory improvements shall be made to local streets to accommodate traffic generated by the project. All improvements shall conform to congressional appropriations enacted for planning and construction of the project.
Laws, 1990, ch. 474, § 1; Laws, 1991, ch. 587, § 1; Laws, 1992, ch. 564 § 1; Laws, 1994, ch. 557, § 41, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-173 - Employment of inspectors to enforce and investigate violations of railroad laws and related mandates

For the purpose of enforcing and investigating all violations of the railroad laws, and the rules, regulations and general orders of the Mississippi Transportation Commission promulgated thereunder, the commission is hereby authorized to employ five (5) inspectors and one (1) railway safety coordinator. The salaries of the inspectors and the safety coordinator shall be fixed by the commission, subject to the state personnel system law as provided under Section
25-9-101
et seq. The inspectors shall devote their full time to the performance of their duties and shall take an oath faithfully to perform the duties of their positions. The commission shall require bonds to be carried on such employees as the commission may deem necessary, the cost thereof to be paid by the commission.
The inspectors shall be selected after an examination, as prescribed by the commission, as to physical and mental fitness, knowledge of the railroad laws, the rules and regulations of the commission, the laws of this state pertaining to arrest and any other examination as may be prescribed by the commission. An inspector, at the time of appointment, shall be a citizen of the State of Mississippi, of good moral character, and shall not be less than twenty-one (21) years of age.
The inspectors of the Mississippi Transportation Commission may enter upon private property upon which a railroad facility is located that is connected to but not a part of the general railroad system of transportation, at reasonable times and in a reasonable manner to perform an inspection, investigation or surveillance of facilities, equipment, records and operations relating to the packaging, loading or transportation of hazardous materials or other materials to determine whether the railroad facility complies with the applicable federal or state safety statutes, rules, regulations or orders. Any inspection, investigation or surveillance performed on the site of a manufacturing facility shall be performed in compliance with the safety rules or regulations of the facility.
Laws, 1992, ch. 496, § 58; Laws, 1997, ch. 500, § 2; Laws, 1998, ch. 550, § 2, eff. 4/13/1998.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-177 - Department of Transportation, in consultation with Southern High-Speed Rail Commission and the Mississippi Development Authority, to promote passenger rail service and make recommendations regarding passenger rail infrastructure

Working in consultation with the Southern High-Speed Rail Commission created in Section
57-45-1
and the Mississippi Development Authority, the Mississippi Department of Transportation shall promote passenger rail travel and service in the state and make recommendations for specific projects related to the construction, rehabilitation, maintenance, and improvement of the state's passenger rail infrastructure, which shall include, but are not limited to, the following aspects:
(a)
Insuring compatibility for a project or projects with opportunities for the state to obtain federal funding assistance that may be available for high-speed passenger rail service, which includes, but is not limited to, intercity passenger rail service that is capable of reaching speeds of one hundred ten (110) miles per hour; and
(b)
Considering projects that create a series of corridor route rail segments with passenger service areas that are smaller than long-distance passenger trains and seek to connect major city pairs, in order to provide improved service at peak travel times and a higher frequency of trains.
Laws, 2009, ch. 497, § 3, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-179.1 - 2022 Emergency Road and Bridge Fund created; funding sources

There is created in the State Treasury a special fund to be designated as the "2022 Emergency Road and Bridge Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Transportation, upon appropriation by the Legislature, for the purposes provided in Section
65-1-179
. Of the monies expended under this section, it is the intention of the Legislature that the Department of Transportation be excluded from applying for use of funds in order to give preference to counties and municipalities.
Added by Laws, 2022, ch. 482, SB 2780,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-181 - Electric Vehicle Infrastructure Fund created

There is created in the State Treasury a special fund, to be known as the "Electric Vehicle Infrastructure Fund," into which shall be deposited any federal monies that are made available for the establishment of electric vehicle infrastructure in the state. Any interest earned on the special fund shall be credited to the special fund and shall not be paid into the State General Fund. Any monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
Added by Laws, 2021, ch. 464, SB 2598,§ 6, eff. 4/16/2021.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-181.1 - Establishment of electric vehicle charging stations; grants to private companies

(1)
The Mississippi Transportation Commission may in its discretion design, construct, operate, maintain, regulate and/or control, individually or jointly with other government entities, one or more electric vehicle charging stations in the state for electric motor vehicle traffic. All such electric vehicle charging station structures and other related infrastructure comprising the project shall be built and maintained in accordance with not less than the minimum standards established by the commission for such stations and related facilities.
(2)
The commission may contract, individually or jointly with any persons, corporations, partnerships or other businesses licensed to do business in the State of Mississippi (hereinafter referred to as "companies" or company) for the purpose of designing, financing, constructing, operating and maintaining one or more electric vehicle charging stations.
(3)
Such contracts may provide that the commission may grant funds to a company for the design, construction, operation and/or maintenance of electric vehicle charging stations.
(4)
All such structures and other infrastructure comprising the project shall be built and maintained in accordance with not less than the minimum design, construction and maintenance standards established by the commission and the Mississippi Department of Transportation for such charging stations, infrastructure and facilities. The commission may have MDOT conduct periodic inspections of any such charging station throughout the terms of the contract to ensure compliance by the company. Failure of a company to comply with minimum standards established for the project by the contracting governmental entity shall constitute a breach and shall subject the company to liability on its bond and security or recission of the contract in accordance with the terms and provisions of the contract.
(5)
Nothing in this section shall conflict with the provisions of Sections
77-3-3
,
77-3-5
and
77-3-12
.
Added by Laws, 2023, ch. 312, SB 2562,§ 1, eff. 3/3/2023.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-183 - 2022 Infrastructure Match Fund created; funding sources

There is created in the State Treasury a special fund to be designated as the "2022 Infrastructure Match Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Transportation, upon appropriation by the Legislature, to provide for funds necessary to match projected federal funds available through the following federal fiscal year from the annual Federal Highway Administration appropriations and from the supplemental Infrastructure Investment and Jobs Act (IIJA) appropriations. The Department of Transportation is authorized to transfer funds from the 2022 Infrastructure Match Fund to the department's agency support fund subject to the following provisions: The total amount of all such transfers shall not exceed the amount appropriated by the Legislature from the 2022 Infrastructure Match Fund for the fiscal year in which the transfers are made, and those transfers shall not reduce the amount of the spending authority provided to the department by that appropriation. The department shall document those transfers through a reconciliation with the Department of Finance and Administration.
Amended by Laws, 2023, ch. 545, HB 1089,§ 13, eff. 4/21/2023.
Added by Laws, 2022, ch. 482, SB 2780,§ 10, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-185 - 2023 DeSoto County Infrastructure Improvements Fund created; use of monies

There is created in the State Treasury a special fund to be designated as the "2023 DeSoto County Infrastructure Improvements Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies deposited into the fund shall be used by the Mississippi Department of Transportation, upon appropriation by the Legislature, to assist in paying the costs associated with infrastructure improvements on Interstate 55 from Church Road to Goodman Road in Desoto County, Mississippi. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.
Amended by Laws, 2024, ch. 510, HB 1707,§ 4, eff. 5/13/2024.
Added by Laws, 2023, ch. 549, HB 603,§ 19, eff. 4/21/2023.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-187 - 2023 Lafayette County Infrastructure Improvements Fund created; use of monies

There is created in the State Treasury a special fund to be designated as the "2023 Lafayette County Infrastructure Improvements Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies deposited into the fund shall be used by the Mississippi Department of Transportation, upon appropriation by the Legislature, to assist in paying the costs associated with infrastructure improvements on Highway 7 from Highway 9 to 0.2 miles North of Highway 6 in Lafayette County, Mississippi. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.
Amended by Laws, 2024, ch. 510, HB 1707,§ 5, eff. 5/13/2024.
Added by Laws, 2023, ch. 549, HB 603,§ 21, eff. 4/21/2023.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 1 - IN GENERAL (§§ 65-1-1 — 65-1-189) › Section 65-1-189 - 2023 Gulfport Commerce Corridor Fund created; use of monies

There is created in the State Treasury a special fund to be designated as the "2023 Gulfport Commerce Corridor Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies deposited into the fund shall be used by the Mississippi Department of Transportation, upon appropriation by the Legislature, to assist in paying the costs associated with the Gulfport Commerce Corridor project located in the City of Gulfport. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.
Amended by Laws, 2024, ch. 510, HB 1707,§ 6, eff. 5/13/2024.
Added by Laws, 2023, ch. 549, HB 603,§ 23, eff. 4/21/2023.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-301 - Definitions

For the purposes of this article the following terms shall have the meanings ascribed to them unless the context in which such terms are used otherwise requires:
(a)
"Department" means the Mississippi Department of Transportation.
(b)
"Judge" means the resident judge of the circuit or county court in the district where the cause is pending, or a special judge residing in the district, or the judge of the circuit or county court assigned to hold the courts of the district, or the emergency or special judge holding court in the county where the cause is pending.
Laws, 1997, ch. 439, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-305 - Transfer of title

(1)
Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the amount of the compensation stated in the declaration, and upon the Transportation Department having filed proof of service of process, title to the land or such other interest therein specified in the complaint and the declaration of taking, together with the right to immediate possession thereof, shall vest in the Mississippi Transportation Commission, and the judge shall enter such orders in the cause as may be required to place the Transportation Commission in possession and title. Thereafter, the land shall be deemed to be condemned and taken for use of the Transportation Department, and the right to just compensation therefor shall vest in the person owning the property or any compensable interest therein at the time of the filing of the complaint and the declaration of taking and deposit of the money in court. Compensation shall then be determined and awarded in the action and established by judgment therein.
(2)
If there is a life estate and a remainder, either vested or contingent, in lieu of the investment of the proceeds of the amount determined and awarded as just compensation to which the life tenant would be entitled to the use during the life estate, the court, in its discretion, may order the value of the life tenant's share during the probable life of such life tenant to be ascertained as provided by law and paid directly to the life tenant out of the final award as just compensation established by the judgment in the cause, and the life tenant may have the relief provided for in Section
65-1-307
.
(3)
On and after July 1, 1997, the Transportation Department, at the time of the filing of the complaint and declaration of taking and deposit of fair market value compensation, shall record a memorandum of action in the land deed records of the chancery clerk in all counties in which the land involved therein is located, and the memorandum shall be recorded among the land records of the county. Upon the amending of any complaint and declaration of taking affecting the property taken, the Transportation Department shall record a supplemental memorandum of action. The memorandum of action shall contain the following:
(a)
The names of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands and who are parties to the action;
(b)
A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;
(c)
A statement of the estate or interest in the land taken for public use; and
(d)
The date of institution of the action, the county in which the action is pending, and such other reference thereto as may be necessary for the identification of the action.
Laws, 1997, ch. 439, § 3, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-307 - Application for full or just compensation

(1)
The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge, unless there is a dispute as to title, shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. The judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable.
(2)
No notice to the Transportation Department of the hearing upon the application for disbursement of deposit shall be necessary, but a copy of the order disbursing the deposit shall be served upon the secretary of the Transportation Commission, or such other process agents as may be designated by the Transportation Department.
Laws, 1997, ch. 439, § 4, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-309 - Procedure for filing an answer to complaint

(1)
Any person whose property has been taken by the Transportation Department by the filing of a complaint and a declaration of taking may, within the time hereinafter set forth, file an answer to the complaint praying only for a determination of just compensation. No answer shall be filed to the declaration of taking and notice of deposit. The answer, in addition, shall contain the following:
(a)
Such admissions or denials of the allegations of the complaint as are appropriate;
(b)
The names and addresses of the persons filing the answer, together with a statement as to their interest in the property taken; and
(c)
Such affirmative defenses or matters as are pertinent to the action.
(2)
A copy of the answer shall be served on the Transportation Department, or such other process agents as may be designated by the department, in Jackson, Mississippi, provided that failure to serve the answer shall not deprive the answer of its validity. The affirmative allegation of the answer shall be deemed denied; however, the Transportation Department may file a reply within thirty (30) days from receipt of a copy of the answer.
(3)
The Transportation Department, within ninety (90) days from the receipt of the answer, shall file in the cause a plat of the land taken and such additional area as may be necessary to properly determine the damages, and a copy thereof shall be mailed to the parties or their attorney; however, the department shall not be required to file a map or plat in less than six (6) months from the date of the filing of the complaint.
Laws, 1997, ch. 439, § 5, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-311 - Time for filing an answer to complaint

Any person named in and served with a complaint and declaration of taking shall have twelve (12) months from the date of service thereof to file an answer. Failure to answer within the time shall constitute an admission that the amount deposited is just compensation and shall be a waiver of any further proceeding to determine just compensation. In such event, the judge shall enter final judgment in the amount deposited and order disbursement of the money to the owner. However, at any time before the entry of the final judgment, the judge, for good cause shown and after notice to the plaintiff, may extend the time for filing the answer for thirty (30) days.
Laws, 1997, ch. 439, § 6, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-313 - Motion to hear and determine issues raised in pleadings

After the filing of the plat, the judge, upon motion and ten (10) days' notice by either the Transportation Department or the owner shall, either in or out of term, hear and determine all issues raised by the pleading other than the issue of just compensation, including, if controverted, questions of necessary and proper parties, title to the land, interest taken and area taken.
Laws, 1997, ch. 439, § 7, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-315 - Appointment of attorney or guardian ad litem

(1)
The judge may appoint some competent attorney to appear for and protect the rights of any party or parties in interest who are unknown or whose residence is unknown and who have not appeared in the proceeding represented by an attorney or agent. The judge shall appoint guardians ad litem for these parties who are minors, incompetents, or other parties who may be under a disability and without general guardian. The judge may make additional parties as he deems necessary to the complete determination of the proceeding and may enter such other orders, either in law or equity, as may be necessary to carry out the provisions of this article.
(2)
Upon the coming on of the cause for hearing pursuant to Section
65-1-311
, or upon the coming on of the cause for trial, the judge, in order that the material ends of justice may be served, upon his own motion or upon motion of any of the parties thereto and upon proper showing that the effect of condemnation upon the subject property cannot presently be determined, may continue the cause until the highway project under which the appropriation occurred is open to traffic or until such earlier time as, in the opinion of the judge, the effect of condemnation upon the property may be determined.
Laws, 1997, ch. 439, § 8, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-319 - Measure of damages

The following shall be the measure of damages to be followed by the jury or judge who determines the issue of just compensation:
(a)
If only a part of a tract is taken, the measure of just compensation for the taking shall be the difference between the fair market value of the entire tract immediately before the taking and the fair market value of the remainder immediately after the taking, with consideration being given to any special or general benefits resulting from the utilization of the part taken for transportation purposes.
(b)
If the entire tract is taken the measure of just compensation for the taking shall be the fair market value of the property at the time of taking.
Laws, 1997, ch. 439, § 10, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-321 - Interest on just compensation award

To the amount awarded as just compensation by the jury or judge, the judge, as part of just compensation, shall add interest at the legal rate for judgments on the amount from the date of taking to the date of judgment; but interest shall not be allowed from the date of deposit on so much thereof as shall have been paid into court as provided in this article.
Laws, 1997, ch. 439, § 11, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-323 - Time and place of hearing

An order of the court shall fix the time and place for the hearing either in term time or vacation, and a certified copy shall be given to the court administrator. If the hearing is set during term time, it shall be given priority over any other matter and shall utilize the regular jury panel that has been summoned. If the hearing is set in vacation, the order of the court shall direct the clerk to summon the necessary jurors to appear at the time and place designated by the order.
Laws, 1997, ch. 439, § 12, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-325 - Separate causes of action; jury; judgment

(1)
Each different property, identified by separate ownership, shall constitute a separate civil action and shall require trial, unless otherwise agreed by all parties with the approval of the court. Trial shall be to a jury of twelve (12), which shall be examined and empaneled 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.
(2)
In the trial of all cases provided for in this article, nine (9) jurors may bring in a verdict as in other civil cases. The verdict of the jury may be in the following form: "We, the jury, find that the defendant(s)____________________ is/are entitled to just compensation for the acquisition of his/her/their property for the public use in the sum of $____________________."
(3)
Upon the return of the verdict by the jury or court, the court shall enter a judgment as follows, viz: "In this case the claim of (plaintiff name) to have condemned certain lands named in the complaint, to-wit: (here describe the property), being the property of (insert defendants' names) was submitted to a jury (or the court) on the ____________________ day of ____________________, A.D. ____________________, and the jury (or court) having returned a verdict fixing the defendant's just compensation at $____________________, the verdict was received and entered. Now, upon payment of the award with legal interest from the date of the filing of the complaint, the property is vested in plaintiff by virtue of the judgment entered herein."
Laws, 1997, ch. 439, § 13, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-327 - Conformance to other civil actions

In all cases of procedure under this article, whenever the mode or manner of conducting the action is not expressly provided for in this article or by the Mississippi Rules of Civil Procedure, or whenever the rules of civil procedure are inapplicable, the judge before whom such proceeding may be pending may make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of this article. The practice in such cases shall conform as nearly as practicable to the practice in other civil actions in the courts.
Laws, 1997, ch. 439, § 14, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-329 - Final judgments; form

Final judgments entered in actions instituted under the provisions of this article shall contain a description of the property affected, together with a description of the property and estate of interest acquired by the Transportation Department. A copy of the judgment shall be certified and filed in the land deed records in the chancery clerk office of the county in which the land or any part thereof lies.
Laws, 1997, ch. 439, § 15, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-331 - Just compensation; adverse or conflicting claimants

If there are adverse and conflicting claimants to the deposit made into the court by the Transportation Department or the additional amount determined as just compensation on which final judgment is entered in the action, the judge may direct the full amount determined to be paid into the court by the Transportation Department, shall release the department from any further involvement and may retain the cause for determination of who is entitled to the monies. By further order in the cause, the court may direct to whom the monies shall be paid and, in its discretion, may order a hearing to ascertain the facts on which such determination and order are to be made.
Laws, 1997, ch. 439, § 16, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-333 - Written agreement in lieu of complaint or declaration of taking

The provisions of this article shall not prevent the transportation department and the owner from entering into a written agreement whereby the owner agrees and consents that the department may enter upon his property without filing the complaint and declaration of taking and depositing the estimated compensation as provided in this article. The department shall have the same rights under such agreement with the owner in carrying on work on such project as it would have by having filed a complaint and a declaration of taking and having deposited the estimated compensation as provided in this article.
Laws, 1997, ch. 439, § 17, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-335 - Authority of department to enter land to make surveys or other examinations

The Transportation Department, without having filed a complaint and a declaration as provided in this article, may enter upon any lands and structures to make surveys, borings, soundings, environmental assessments or examinations as may be necessary in carrying out and performing its duties and responsibilities. Any such entry shall not be deemed a trespass or taking within the meaning of this article; however, the department shall make reimbursement for any damage resulting to such land from such activities, and the owner, if necessary, shall be entitled to proceed under the provisions of Section
65-1-317
to recover for such damages.
Laws, 1997, ch. 439, § 18, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-337 - Reimbursement of real property taxes

A property owner whose property is totally taken in fee simple by the transportation department exercising the power of eminent domain under this article or under any other statute, shall be entitled to reimbursement from the department of the pro rata portion of real property taxes paid that are allocable to a period subsequent to the vesting of title in the department or subsequent to the effective date of possession of such real property, whichever is earlier.
Laws, 1997, ch. 439, § 19, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-339 - Transportation Department entitled to recover amount of deposit exceeding that of final judgment

If the amount of the final judgment is less than the amount deposited by the Transportation Department pursuant to the provisions of this article, the department shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court costs incident thereto. If there are not sufficient funds on deposit to cover the excess, then the department shall be entitled to a judgment for the sum against the person or persons having received the deposit.
Laws, 1997, ch. 439, § 20, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-341 - Payment of court costs; right of appeal

The Transportation Department shall pay all court costs taxed by the court. Either party shall have a right of appeal to the Supreme Court for errors of law committed in any proceedings provided for in this article in the same manner as in any other civil actions, and it shall not be necessary that an appeal bond be posted.
The court having jurisdiction of the condemnation action instituted by the department to acquire real property by condemnation shall award the owner any right or title to, or interest in, such real property a sum as will in the opinion of the court reimburse such owner for his reasonable cost, disbursements and expenses, including reasonable attorney fees, appraisal and engineering fees, actually incurred because of the condemnation proceedings, if (a) the final judgment is that the department may not acquire real property by condemnation; or (b) the proceedings are abandoned by the department.
Laws, 1997, ch. 439, § 21, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-343 - Prepayment of court costs

The circuit clerks and chancery clerks shall not require the transportation department when following the procedure established in this article to prepay the cost of filing of a court action, filing of an instrument or obtaining a copy of any filed instrument from the office of chancery or circuit clerk. The clerk shall furnish an itemized statement and the payment shall be paid in the normal course of business.
Laws, 1997, ch. 439, § 22, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-345 - Relationship to other laws

The provisions of this article shall not be considered as amending or repealing any other provisions of law that prescribe a procedure for the acquisition of property through eminent domain or condemnation proceedings but shall be considered as a method and procedure that may be employed by the Mississippi Transportation Commission and the Mississippi Department of Transportation as an alternative to any eminent domain or condemnation proceedings as are otherwise prescribed by law.
Laws, 1997, ch. 439, § 23, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 3 - EMINENT DOMAIN AND CONDEMNATION PROCEEDINGS (§§ 65-1-301 — 65-1-347) › Section 65-1-347 - Due process

Nothing in this article shall be construed so as to deprive the owner of the property or interest in the property which is the subject of acquisition pursuant to this article of due process of law as guaranteed by the Constitutions of the State of Mississippi and of the United States.
Laws, 1997, ch. 439, § 24, eff. 7/1/1997.