***Pending***

AMENDMENT No. 1 PROPOSED TO

                             House Bill NO. 1457

                             By Senator(s) Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

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

     65-7-201.  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 county court of a county that has elected to come under the provisions of Section 9-9-1, and otherwise, to the circuit court of the county where the land is located.  The plaintiff shall file a notice of lis pendens in the office of the chancery clerk immediately after filing the petition.  The court sitting without a jury shall determine the reasonableness of the application.  The owner of the property shall be a necessary party to the proceedings.  Trial as to compensation shall be to a jury examined and impaneled in accordance with the Mississippi Rules of Civil Procedure or alternatively, to the court, as provided by the Mississippi Rules of Civil Procedure.  If the court finds in favor of the petitioner, all damages that the jury determines that the landowner should be compensated for shall be assessed against and shall be paid by the person applying for the private road, and he shall pay all the costs and expenses incurred in the proceedings.

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

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO AMEND SECTION 65-7-201, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PROCEEDINGS TO ESTABLISH A PRIVATE WAY OF NECESSITY THROUGH THE LANDS OF ANOTHER FOR THE PURPOSE OF ALLOWING INGRESS AND EGRESS SHALL BE FILED WITH AND DETERMINED BY THE CIRCUIT COURT OF THE COUNTY WHERE THE LAND IS LOCATED; AND FOR RELATED PURPOSES.