2006 Regular Session
To: Judiciary, Division A
By: Senator(s) Ross, Flowers
AN ACT TO AMEND SECTION 11-27-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT USE OF THE POWER OF EMINENT DOMAIN EXCEPT FOR A DIRECT PUBLIC USE; 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 any provisions of this chapter to the contrary or any other provisions of law to the contrary, private property shall not be taken or damaged except for a direct public use which is the primary purpose of the taking or damage, and compensation is first made to the owner or owners thereof, in a manner to be prescribed by law. An increase in tax revenue for a governmental entity shall not, in and of itself, be a direct public use. Whenever an attempt is made to take private property for a use alleged to be a direct public use, the question whether the contemplated use is a direct public use shall be a judicial question, and, as such, shall be determined without regard to legislative assertion that the use is a direct public use. For purposes of this section, a direct public use shall include common carriers or facilities of public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas, carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.
SECTION 2. This act shall take effect and be in force from and after its passage.