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: “Department” means the Mississippi Department of Transportation. “Judge” means the resident judge of the circuit or county court in the district where the cause is pending, or a […]
When, in the exercise of its duties, the Mississippi Transportation Commission finds it necessary to condemn property, the commission shall institute a civil action by filing in the circuit or county court of any county in which the land is located a complaint and a declaration of taking that such land, easement or interest therein […]
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 […]
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, […]
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 […]
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 […]
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, […]
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 […]
Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Transportation Department without the filing of a complaint and declaration of taking by the department may, within twenty-four (24) months of the date of the taking of the affected property or interest therein or […]
The following shall be the measure of damages to be followed by the jury or judge who determines the issue of just compensation: 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
