REPORT OF CONFERENCE COMMITTEE

 

MR. SPEAKER AND MADAM PRESIDENT:

 

   We, the undersigned conferees, have had under consideration the amendments to the following entitled BILL:

 

H. B. No.  100:  Eminent Domain; restrict use of.

 

  We, therefore, respectfully submit the following report and recommendation:

 

  1.  That the Senate recede from its Amendment No. 1.

 

  2.  That the House and Senate adopt the following amendment:

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     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)  Notwithstanding any provisions of this chapter to the contrary or any other provisions of law to the contrary, private property shall not be taken or damaged except for a direct public use which is the predominate purpose of the taking or damage, and due compensation is first made to the owner or owners thereof, in a manner to be prescribed by law.  An increase in tax revenue for a governmental entity shall not be considered a direct public use.  Whenever an attempt is made to take private property for a use alleged to be a direct public use, the question whether the contemplated use is a direct public use shall be a judicial question, and, as such, shall be determined without regard to legislative assertion that the use is a direct public use.  Without limiting or enlarging what otherwise may or may not be a direct public use, for purposes of this section, a direct public use shall include drainage and levee facilities and usages, roads and bridges for public conveyance, and common carriers or facilities of 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.

     (3)  Property condemned pursuant to any provision of law, if not used in thirty (30) years for the direct public use for which it was condemned or for some other direct public use, that subsequently is determined to be sold shall be offered first for sale to the person or persons from whom the property was condemned, or to his or her known or ascertainable heirs or assigns, at the price paid for the property together with the fair market value of any improvements thereon.  However, if the offer is not accepted within ninety (90) days from the date it is made, the property may be sold to any other person, but only at public sale after legal notice is given.

     The provisions of this subsection (3) shall apply to any real property whether condemned before or after the passage of this act.

     SECTION 2.  This act shall take effect and be in force from and after its passage.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO AMEND SECTION 11-27-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT USE OF THE POWER OF EMINENT DOMAIN EXCEPT FOR A DIRECT PUBLIC USE; AND FOR RELATED PURPOSES.

 

CONFEREES FOR THE HOUSE           CONFEREES FOR THE SENATE

X (SIGNED)	X (SIGNED)
Edward Blackmon, Jr.	Charlie Ross
(NOT SIGNED)	X (SIGNED)
James C. Simpson, Jr.	Ralph H. Doxey
X (SIGNED)	X (SIGNED)
Jamie Franks	Walter Michel

 

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