MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary, Division A

By: Senator(s) Michel, Bryan, Blackmon

Senate Bill 2776

AN ACT TO AMEND SECTION 11-27-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN PUBLIC AGENCIES TO EXERCISE THE RIGHT TO IMMEDIATE POSSESSION OF EASEMENTS OR RIGHTS-OF-WAY FOR PUBLIC HIGHWAYS AND ROADS, AND FOR WATER UTILITIES, SEWER UTILITIES, DRAINAGE UTILITIES AND OTHER PUBLIC UTILITY PURPOSES IN CONNECTION WITH A PROJECT DEFINED IN SECTION 57-75-5(f)(xxxiii); 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 any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section 49-17-701 et seq., 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.  A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible.  A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013.  Provisions of this paragraph (e) shall not apply to House District 109;

          (f)  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;

          (g)  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);

          (h)  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;

          (i)  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 paragraph (i) after July 1, 2003;

          (j)  By a regional economic development alliance created under Section 57-64-1 et seq., for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi).  An alliance may not exercise the right to immediate possession under this paragraph (j) after July 1, 2012; * * * or

          (k)  By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii).  A county may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012 * * *.; or

          (l)  By any public agency, as defined in Section 57-75-37(7)(a)(ii), for the purpose of acquiring land, property or interests therein, including, but not limited to, easements or rights-of-way for public highways and roads, and for public water utilities, public wastewater and wastewater treatment utilities, public drainage utilities and other public utility purposes in connection with a project defined in Section 57-75-5(f)(xxxiii).

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