Bill Text: MS HB510 | 2011 | Regular Session | Engrossed

Mississippi House Bill 510 (Prior Session Legislation)

Bill Title: Eminent domain; restrict to direct public use.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-03-01 - Died In Committee [HB510 Detail]

Download: Mississippi-2011-HB510-Engrossed.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary A

By: Representative Blackmon

House Bill 510

(As Passed the House)

AN ACT TO AMEND SECTION 11-27-1, MISSISSIPPI CODE OF 1972, TO RESTRICT THE USE OF THE POWER OF EMINENT DOMAIN; TO PROVIDE THAT PROPERTY TAKEN BY EMINENT DOMAIN SHALL NOT BE CONVEYED TO OTHER PERSONS OR PRIVATE BUSINESSES UNTIL AFTER TEN YEARS FROM ACQUISITION; TO PROVIDE EXCEPTIONS; AND FOR RELATED PURPOSES.

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

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) No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten (10) years after its acquisition, be transferred or any interest therein transferred to any person, nongovernmental entity, public-private partnership, corporation or other business entity with the following exceptions:

(a) The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for 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.

(b) The above provisions shall not apply where the use of eminent domain (i) removes a public nuisance; (ii) removes a structure that is beyond repair or unfit for human habitation or use; (iii) is used to acquire abandoned property; or (iv) eliminates a direct threat to public health or safety caused by the property in its current condition.

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