MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Dearing

AN ACT TO AMEND SECTION 11-27-89, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM COMPENSATION AUTHORIZED TO BE PAID FOR APPRAISALS IN CERTAIN EMINENT DOMAIN PROCEEDINGS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 11-27-89, Mississippi Code of 1972, is amended as follows:

11-27-89. The appraiser shall receive as compensation for his services such sum, plus expenses, as the court * * * allows, which shall be taxed as cost in the proceedings * * *. The sum allowed shall be based upon the degree of difficulty and the time required to perform the appraisal, but may not exceed One Thousand Dollars ($1,000.00) unless, in the opinion of the court, special circumstances warrant a greater sum. An order granting a sum greater than One Thousand Dollars ($1,000.00) must describe in detail the special circumstances that warrant payment of a greater sum.

The making of a deposit by the plaintiff or the withdrawal of said deposit by the defendant or defendants shall not prejudice the right of any party to a trial by jury in the special court of eminent domain to determine the fair market value of the property to be condemned and the damages, if any, to the remainder if less than the whole is taken, as provided in Sections 11-27-1 through 11-27-49, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.