MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Judiciary A

By: Representative Simpson

House Bill 1264

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.