Bill Text: MS HB1503 | 2025 | Regular Session | Introduced

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Bill Title: Electrical utilities; authorize to exercise right of immediate possession for right-of-way to provide services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-20 - Referred To Judiciary A [HB1503 Detail]

Download: Mississippi-2025-HB1503-Introduced.html

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MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Judiciary A

By: Representative Anderson (122nd)

House Bill 1503

AN ACT TO AMEND SECTIONS 77-3-11 AND 11-27-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ELECTRICAL UTILITIES TO EXERCISE THE RIGHT TO IMMEDIATE POSSESSION FOR THE PURPOSE OF ACQUIRING RIGHTS-OF-WAY FOR FACILITIES TO PROVIDE PUBLIC UTILITY SERVICE; TO BRING FORWARD SECTION 11-27-85, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 77-3-11, Mississippi Code of 1972, is amended as follows:

     77-3-11.  (1)  No person shall construct, acquire, extend or operate equipment for manufacture, mixing, generating, transmitting or distributing natural or manufactured gas, or mixed gas, or water, for any intrastate sale to or for the public for compensation, or for the operation of a public utility operating a business and equipment or facilities as contemplated by * * * subparagraph (iii) of paragraph (d) of Section 77-3-3(d)(iii), without first having obtained from the commission a certificate that the present or future public convenience and necessity require or will require the operation of such equipment or facility.

     (2)  No person shall construct, acquire, extend or operate equipment for manufacture, generating, transmitting or distributing electricity for any intrastate or interstate sale to or for the public for compensation without first having obtained from the commission a certificate that the present and future public convenience and necessity require or will require the operation of such equipment or facility.  * * *Provided, A rate-regulated public utility defined under Section 77-3-3(d)(i) is entitled to exercise those rights arising under Sections 11-27-81 through 11-27-89 in connection with any facilities for the purpose of providing public utility service.  However, nothing herein contained shall be construed to require a joint municipal electric power agency organized in accordance with the provisions of Section 77-5-201 et seq., Mississippi Code of 1972, to obtain any permit, license, certificate or approval from the Mississippi Public Service Commission.

     (3)  No person shall construct, acquire, extend or operate equipment or facilities for collecting, transmitting, treating or disposing of sewage, or otherwise operating an intrastate sewage disposal service, to or for the public for compensation, without first having obtained from the commission a certificate that the present or future public convenience and necessity require or will require the operation of such equipment or facilities.

     (4)  However, nothing herein shall be construed to require any certificate of convenience and necessity from the commission for the production and gathering of natural gas, the sale of natural gas in or within the vicinity of the field where produced, the distribution or sale of liquefied petroleum gas, the sale of natural gas to the ultimate consumer for use as a motor vehicle fuel, or for the facilities and equipment utilized in any such operations.

     (5)  Upon complaints filed by not less than ten percent (10%) of the total subscribers or three thousand five hundred (3,500) subscribers of a public utility, whichever is less, then the commission shall hold a hearing on the adequacy of service as contemplated in Section 77-3-21.

     (6)  With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

     SECTION 2.  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 Mississippi Transportation 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 Mississippi Transportation 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;

          (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); or

          (m)  A rate-regulated public utility defined under Section 77-3-3(d)(i) for the purpose of acquiring rights-of-way in connection with any facilities to provide public utility service.

     SECTION 3.  Section 11-27-85, Mississippi Code of 1972, is brought forward as follows:

     11-27-85.  (1)  Upon the filing of the report of the appraiser, the clerk shall within three (3) days mail notice to the parties and the court that the report has been filed.  The court shall review the report of the appraiser and shall, after not less than five (5) days' notice thereof to the defendants, enter an order granting to the plaintiff title to the property, less and except all oil, gas and other minerals which may be produced through a well bore, and the right to immediate entry unless, for other cause shown or for uncertainty concerning the immediate public need for such property pursuant to Section 11-27-83, the judge shall determine that such passing of title, and right of entry should be denied.  However, no person lawfully occupying real property shall be required to move from a dwelling or to move his business or farm operation without at least ninety (90) days' written notice prior to the date by which such move is required.

     (2)  Upon entry of said order, the plaintiff may deposit not less than eighty-five percent (85%) of the amount of the compensation and damages as determined by the appraiser with the clerk of the court, and upon so doing, the plaintiff shall be granted title to the property, less and except all oil, gas and other minerals which may be produced through a well bore, and shall have the right to immediate entry to said property.  The defendant, or defendants, shall be entitled to receive the amount so paid to the clerk of the court, which shall be disbursed as their interest may appear, pursuant to order of the court.

     (3)  Notwithstanding any provisions of subsections (1) and (2) of this section to the contrary, title and immediate possession to real property, including oil, gas and other mineral interests, may be granted under this section to (a) 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, (b) 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 and any facility related to such project, (c) a regional economic development alliance for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(xxi) and any facility related to the project, and (d) any county for the purpose of acquiring or clearing title to real property, property and rights-of-way for a project as defined in Section 57-75-5(f)(xxii).

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2025.

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