MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Utilities

By: Senator(s) Minor

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 11-27-48, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ENTITIES LAWFULLY EXERCISING THE POWER OF EMINENT DOMAIN SHALL NOT BE REQUIRED TO OBTAIN CERTAIN INFORMATION FROM THE PUBLIC SERVICE COMMISSION; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following shall be codified as Section 11-27-48, Mississippi Code of 1972:

11-27-48. 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 Mississippi Public Service Commission 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.

SECTION 2. This act shall take effect and be in force from and after its passage.