2006 Regular Session
To: Judiciary A
By: Representative Franks, Blackmon, Reynolds, McCoy, Lott, Cummings, Holland, Gadd, Gibbs, Horne, Nicholson, Arinder, Miles, Dedeaux, Compretta, Hudson, Vince, Chism, Turner, Upshaw, Fillingane, Peranich, Robinson (84th)
AN ACT TO AMEND SECTION 11-27-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT USE OF THE POWER OF EMINENT DOMAIN FOR CERTAIN PRIVATE, NONGOVERNMENTAL PURPOSES; TO PROVIDE EXEMPTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-27-1, Mississippi Code of 1972, is amended as follows:
11-27-1. (1) Any person or corporation having the right to condemn private property for public use shall exercise that right as provided in this chapter, except as elsewhere specifically provided under the laws of the State of Mississippi.
(2) Notwithstanding the provisions of this chapter or any other provisions of law to the contrary, the right of eminent domain shall not be exercised for the purposes of converting privately owned real property for retail, office, commercial, industrial or residential development; or primarily for enhancement of tax revenue; or for transfer to a person, nongovernmental entity, public-private partnership, corporation or other business entity. This subsection shall not apply to publicly regulated facilities used to transport or distribute natural gas and electricity or to public utilities or common carriers. This subsection shall apply to governmental entities that lease public property to a private retail, office, commercial, industrial or residential development, a person, a nongovernmental entity, public-private partnership, corporation or other privately owned business.
(3) Property condemned pursuant to any provision of law, if not used in thirty (30) years or if not used for the purpose or purposes for which it was condemned or for some other public use, that subsequently is determined to be sold shall be offered first for sale to the person or persons from whom the property was condemned, or to his or her known or ascertainable heirs or assigns, at the price paid for the property together with the fair market value of any improvements thereon, less such amount, if any, as the person or persons from whom the property was condemned shows by good and sufficient documentation to be the amount of income and transaction taxes, if any, actually paid in connection therewith. However, if the offer is not accepted within ninety (90) days from the date it is made, the property may be sold to any other person, but only at public sale after legal notice is given.
The provisions of this subsection (3) shall apply to any real property whether condemned before or after the passage of this act.
SECTION 2. This act shall take effect and be in force from and after its passage.