MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Judiciary A
By: Representative Simpson
AN ACT TO AMEND SECTION 11-27-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DRAINAGE DISTRICTS SHALL HAVE THE RIGHT OF IMMEDIATE POSSESSION, OR QUICK-TAKE AUTHORITY, FOR THE PURPOSE OF ACQUIRING RIGHTS-OF-WAY OR EASEMENTS FOR WATER, SEWER, DRAINAGE AND OTHER PUBLIC UTILITY PURPOSES RELATED TO THE DISTRICTS' RESPONSIBILITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-27-81, Mississippi Code of 1972, is amended as follows:
11-27-81. The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972, may be exercised only:
(a) By the State Highway Commission for the acquisition of highway rights-of-way only;
(b) By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;
(c) By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;
(d) By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;
(e) By the Mississippi Wayport Authority for the purposes of acquiring land and easements for the Southeastern United States Wayport Project as authorized by Sections 61-4-1 through 61-4-13, Mississippi Code of 1972;
(f) By any county or municipality for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business;
(g) By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;
(h) By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv)1 or any facility related to the project as provided in Section 57-75-11(e)(ii);
(i) By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92; * * *
(j) By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv). The board of supervisors of a county may not exercise the right to immediate possession under this item (j) after July 1, 2003; or
(k) By any drainage district created under Chapter 29 of Title 51, Mississippi Code of 1972, for the purpose of acquiring rights-of-way or easements for water, sewer, drainage, and other public utility purposes which are related to the district's responsibilities, provided that such acquisition shall not displace a property owner from his dwelling or place of business.
SECTION 2. This act shall take effect and be in force from and after July 1, 2003.