MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Hawks

AN ACT TO AMEND SECTION 11-27-7, MISSISSIPPI CODE OF 1972, TO ESTABLISH A PROCEDURE WITHIN THE COURT OF EMINENT DOMAIN PURSUANT TO WHICH DEFENDANTS MAY REQUEST A COURT-APPOINTED APPRAISER TO ESTABLISH A VALUE FOR THE SUBJECT PROPERTY AFTER THE FILING OF THE PLAINTIFF'S STATEMENT; TO PROVIDE THAT THE TRIAL SHALL THEN BE TO THE COURT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 11-27-7, Mississippi Code of 1972, is amended as follows:

11-27-7. The complaint shall be filed with the circuit clerk and shall be assigned a number and placed on the docket as other pleadings in circuit court or county court. The plaintiff shall also file a lis pendens notice in the office of the chancery clerk immediately after filing the complaint. The circuit clerk, or the plaintiff by his attorney, shall forthwith present such complaint to the circuit judge or county judge, as the case may be, who shall by written order directed to the circuit clerk fix the time and place for the hearing of the matter, in termtime or vacation, and the time of hearing shall be fixed on a date to allow sufficient time for each defendant named to be served with process as is otherwise provided by the Mississippi Rules of Civil Procedure, for not less than thirty (30) days prior to the hearing. If a defendant, or other party in interest, shall not be served for the specified time prior to the date fixed, the hearing shall be continued to a day certain to allow the thirty-day period specified.

Not less than twenty (20) days prior to the date fixed for such hearing, the plaintiff shall file with the circuit clerk and serve upon the defendants, or their respective attorneys, a statement showing: (a) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (b) 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 plaintiff. Not less than ten (10) days prior to the date fixed for such hearing, each of the defendants shall file with the circuit clerk and serve upon the plaintiff, or his attorney, a statement showing: (a) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (b) 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 defendants. In each such instance, both the plaintiff and the defendant shall set out in such statement the asserted highest and best use of the property and shall itemize the elements of damage, if any, to the remainder if less than the whole is taken. The statements required by this section shall constitute the pleadings of the parties with respect to the issue of value and shall be treated as pleadings are treated in civil actions in the circuit court. The judge, for good cause shown, may increase or decrease the time for pleading by the plaintiff or by the defendant.

As an alternative to the procedure established in the preceding paragraph, after the plaintiff has filed his statement and not less than fifteen (15) days prior to the date fixed for the hearing, the defendant may request that the court appoint a disinterested, knowledgeable person qualified to make an appraisal of the property described in the complaint to act as an appraiser. The appraiser, after viewing the property, shall return to the clerk of the court within ten (10) days after his appointment, his report in triplicate, under oath, which report shall state: (a) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (b) 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 (c) his opinion as to the highest and the best use of the property, and a narrative of the facts pertaining to his appraisal. Upon the filing of the report of the appraiser, the clerk shall immediately mail a copy of the report to the parties, and trial shall then be to the court as authorized in Section 11-27-13, Mississippi Code of 1972.

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