MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary A

By: Representative Brown

AN ACT TO AMEND SECTION 11-27-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT IN CONDEMNATION PROCEEDINGS TO AWARD ATTORNEY'S FEES TO A DEFENDANT WHO RECOVERS A JUDGEMENT IN EXCESS OF THE AMOUNT ALLEGED IN THE PLAINTIFF'S PLEADINGS TO BE DUE THE DEFENDANT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 11-27-37, Mississippi Code of 1972, is amended as follows:

11-27-37. (1) In case the plaintiff shall fail to pay the damages and costs awarded to the defendant within ninety (90) days from the date of the rendering of the final judgment, if such judgment is not appealed from, or in case the suit shall be dismissed by the plaintiff except pursuant to settlement, or the judgment be that the plaintiff is not entitled to a judgment condemning property, the defendant may recover of the plaintiff in an action brought therefor all reasonable expenses, including attorney's fees, incurred by him in defending the suit.

(2) Whenever the amount of the final judgment awarded to the defendant exceeds the amount alleged by the plaintiff's pleadings to be due to the defendant, the court, in its discretion, may award reasonable attorney's fees to the defendant as well as any other damages and costs as authorized by law to be awarded to a defendant in condemnation proceedings.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.