MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Transportation

By: Representative Robinson (84th)

AN ACT TO AMEND SECTION 65-7-201, MISSISSIPPI CODE OF 1972, TO ESTABLISH AN ALTERNATIVE PROCEDURE FOR A LANDOWNER TO OBTAIN A TEMPORARY EASEMENT OVER THE LAND OF ANOTHER FOR THE PURPOSE OF ALLOWING THE HARVESTING AND REMOVAL OF TIMBER; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 65-7-201, Mississippi Code of 1972, is amended as follows:

65-7-201. (1) When any person shall desire to have a private road laid out through the land of another, when necessary for ingress and egress, he shall apply by petition, stating the facts and reasons, to the board of supervisors of the county, which shall, the owner of the land being notified at least five (5) days before, determine the reasonableness of the application. If the petition be granted, the same proceedings shall be had thereon as in the case of a public road; but the damages assessed shall be paid by the person applying for the private road, and he shall pay all the costs and expenses incurred in the proceedings.

(2) As an alternative to the procedure prescribed in subsection (1) of this section, whenever any landowner determines it to be reasonable and necessary to lay out a private road over the land of another for the purpose of allowing ingress and egress to his property in order to harvest and remove timber, he may obtain a temporary easement over the subservient property by employing or contracting with a real estate appraiser to establish a fair market value for the grant of such easement and by paying the owner of the subservient property the value established by the appraiser. The fair market value shall include all damages to the subservient property along with the devaluation of the property, the property's loss of use to the owner and any other factors reasonably related to the costs to the owner for the granting of the easement. If the owner of the subservient property disagrees with the value established by the appraiser, he may contract or employ an appraiser of his own choosing at the expense of the person seeking the easement. If the market value established by the appraiser employed by the owner of the subservient property is greater than the market value established by the appraiser employed by the person seeking the easement, but is less than twenty percent (20%) greater, then, in order to be entitled to the easement, the person seeking the easement must pay the owner of the subservient property the value of such higher appraisal. If the market value established by the appraiser employed by the owner of the subservient property is twenty percent (20%) or more above the market value established by the appraiser employed by the person seeking the easement, then, a third appraiser shall be employed, with the costs for such employment to be paid equally by both landowners, and in order to be entitled to the temporary easement, the person seeking the easement must pay the owner of the subservient property value equal to the average of the three (3) appraisals. Every appraiser employed or contracted with under the provisions of this subsection must be a licensed real estate appraiser who holds a current, valid appraisal license issued to him by the Mississippi Real Estate Commission under Chapter 34 of Title 73, Mississippi Code of 1972. A temporary easement granted under the provisions of this subsection shall be final and shall not be subject to judicial review.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.