House Bill 978

AN ACT TO PROHIBIT THE TRANSFERRING OF PROPERTY THAT IS ACQUIRED BY EMINENT DOMAIN, FOR A PERIOD OF TEN YEARS AFTER ITS ACQUISITION, TO ANY PERSON, NONGOVERNMENTAL ENTITY, PUBLIC-PRIVATE PARTNERSHIP, CORPORATION, OR OTHER BUSINESS ENTITY WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT THE LEGISLATURE SHALL NOT PASS LOCAL, PRIVATE, OR SPECIAL LAWS IN CERTAIN ENUMERATED CASES RELATING TO EMINENT DOMAIN, AND SUCH MATTERS SHALL BE PROVIDED FOR ONLY BY GENERAL LAWS; TO PROHIBIT THE TAKING OR DAMAGING OF PRIVATE PROPERTY FOR PUBLIC USE, UNLESS DUE COMPENSATION IS MADE TO THE PROPERTY OWNER FIRST; TO AUTHORIZE THE LEGISLATURE TO PROVIDE FOR CONDEMNING CERTAIN RIGHTS-OF-WAY FOR PRIVATE ROADS WHERE NECESSARY, PROVIDED THAT DUE COMPENSATION IS MADE TO THE PROPERTY OWNER FIRST; TO PROHIBIT THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN FROM BEING ABRIDGED, AS TO PREVENT THE LEGISLATURE FROM TAKING THE PROPERTY AND FRANCHISES OF INCORPORATED COMPANIES AND SUBJECTING IT TO PUBLIC USE; TO PROHIBIT THE EXERCISE OF THE POLICE POWERS OF THE STATE FROM BEING ABRIDGED, AS TO PERMIT CORPORATIONS TO CONDUCT THEIR BUSINESS IN SUCH MANNER AS TO INFRINGE UPON THE RIGHTS OF INDIVIDUALS OR GENERAL WELL-BEING OF THE STATE; TO AUTHORIZE THE LEVEE BOARDS TO APPROPRIATE PRIVATE PROPERTY IN THEIR RESPECTIVE DISTRICTS FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND REPAIRING LEVEES THEREIN; TO PROVIDE THAT WHEN ANY OWNER OF LAND OBJECTS TO THE BUILDING OF A LEVEE, OR CLAIMS COMPENSATION FOR ANY LAND THAT MAY BE TAKEN OR DAMAGES SUSTAINED TO THE LAND, THE PROPER OFFICER OR AGENT OF SUCH LEVEE BOARD, OR OWNER OF SUCH LAND, MAY APPLY FOR AN ASSESSMENT OF THE DAMAGES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Notwithstanding any other law to the contrary, no property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten (10) years after its acquisition, be transferred or any interest therein transferred to any person, nongovernmental entity, public-private partnership, corporation, or other business entity with the following exceptions:

(a) Drainage and levee facilities and usage;

(b) Roads and bridges for public conveyance;

(e) Dams;

(f) Toll roads;

(g) Public airports;

(h) Public ports;

(i) Public harbors;

(j) Public wayports; and

(k) Common carriers or facilities for public utilities and other entities used in the generations, transmission, storage or distribution of telephone, telecommunication, gas, carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.

(2) The above provisions shall not apply where the use of eminent domain:

(a) Removes a public nuisance;

(b) Removes a structure that is beyond repair or unfit for human habitation or use;

(d) Eliminates a direct threat to public health or safety caused by the property in its current condition.

SECTION 2. The Legislature shall not pass local, private, or special laws in any of the following enumerated cases, but such matters shall be provided for only by general laws, viz.:

(a) Granting divorces;

(b) Changing the names of persons, places, or corporations;

(d) Regulating the rate of interest on money;

(e) Concerning the settlement or administration of any estate, or the sale or mortgage of any property, of any infant, or of a person of unsound mind, or of any deceased person;

(f) The removal of the disability of infancy;

(g) Granting to any person, corporation, or association the right to have any ferry, bridge, road, or fish-trap;

(h) Exemption of property from taxation or from levy or sale;

(i) Providing for the adoption or legitimation of children;

(j) Changing the law of descent and distribution;

(k) Exempting any person from jury, road, or other civil duty (and no person shall be exempted therefrom by force of any local or private law);

(l) Laying out, opening, altering, and working roads and highways;

(m) Vacating any road or highway, town plat, street, alley, or public grounds;

(n) Selecting, drawing, summoning, or empaneling grand or petit juries;

(o) Creating, increasing, or decreasing the fees, salary, or emoluments of any public officer;

(p) Providing for the management or support of any private or common school, incorporating the same, or granting such school any privileges;

(q) Relating to stock laws, water-courses, and fences;

(r) Conferring the power to exercise the right of eminent domain, or granting to any person, corporation, or association the right to lay down railroad tracks or street-car tracks in any other manner than that prescribed by general law;

(s) Regulating the practice in courts of justice;

(t) Providing for the creation of districts for the election of justices of the peace and constables; and

(u) Granting any lands under control of the state to any person or corporation.

SECTION 3. Notwithstanding any other law to the contrary, private property shall not be taken or damaged for public use, except on due compensation being first made to the owner or owners thereof, in a manner to be prescribed by law; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be public shall be a judicial question, and, as such, determined without regard to legislative assertion that the use is public.

SECTION 4. The Legislature may provide, by general law, for condemning rights-of-way for private roads, where necessary for ingress and egress by the party applying, on due compensation being first made to the owner of the property; but such rights-of-way shall not be provided for in incorporated cities and towns.

SECTION 5. Notwithstanding any other law to the contrary, the exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use; and the exercise of the police powers of the state shall never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe upon the rights of individuals or general well-being of the state.

SECTION 6. The levee boards shall have, and are hereby granted, authority and full power to appropriate private property in their respective districts for the purpose of constructing, maintaining, and repairing levees therein; and when any owner of land, or any other person interested therein, shall object to the location or building of the levee thereon, or shall claim compensation for any land that may be taken, or for any damages he may sustain in consequence thereof, the president, or other proper officer or agent of such levee board, or owner of such land, or other person interested therein, may forthwith apply for an assessment of the damages to which said person claiming the same may be entitled; whereupon the proceedings as now provided by law shall be taken, viz.: In the Mississippi levee district, in accordance with the terms and provisions of Section Three of an act entitled "An act to amend an act to incorporate the Board of Levee Commissioners for Bolivar, Washington, and Issaquena counties, and for other purposes, approved November 27, A.D. 1865, and to revise acts amendatory thereof," approved March 13, A.D. 1884; and in the Yazoo-Mississippi Delta Levee District, in accordance with the terms and provisions of Section Three of an act entitled "An act to incorporate the Board of Levee Commissioners for the Yazoo-Mississippi Delta, and for other purposes," approved February 28, A.D. 1884, and the amendments thereto; but the Legislature shall have full power to alter and amend said several acts, and to provide different manners of procedure.

SECTION 7. This act shall take effect and be in force from and after its passage.