2009 Regular Session
To: Judiciary A
By: Representatives Blackmon, Upshaw, DuVall
AN ACT TO AMEND SECTION 11-27-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT USE OF THE POWER OF EMINENT DOMAIN EXCEPT FOR A 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) (a) 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 purpose of taking or damaging privately owned real property for private development or for a private purpose; or for enhancement of tax revenue; or for transfer to a person, nongovernmental entity, public-private partnership, corporation or other business entity.
(b) The right of eminent domain shall only be exercised for a public use, provided just compensation is first made to the owner or owners thereof in the manner prescribed by law.
(c) The provisions of this subsection (2) shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for 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.
(d) The provisions of subsection (2)(a) shall not apply where the use of eminent domain (i) removes a public nuisance; (ii) removes a structure that is beyond repair or unfit for human habitation or use; (iii) is used to acquire abandoned property; or (iv) eliminates a direct threat to public health or safety caused by the property in its current condition.
(e) The provisions of subsection (2)(a) shall not apply to the exercise of eminent domain in connection with projects and tier one suppliers as defined in Section 57-75-5 as it existed prior to the effective date of this act.
SECTION 2. This act shall take effect and be in force from and after its passage.