Bill Text: MS HB537 | 2010 | Regular Session | Introduced
Bill Title: Eminent domain; restrict to direct public use.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB537 Detail]
Download: Mississippi-2010-HB537-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Evans (91st)
House Bill 537
AN ACT TO AMEND SECTION 11-27-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT USE OF THE POWER OF EMINENT DOMAIN FOR CERTAIN PRIVATE, NONGOVERNMENTAL PURPOSES; TO PROVIDE EXEMPTIONS; 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) Notwithstanding the provisions of this chapter or any other provisions of law to the contrary, the right of eminent domain shall not be exercised for the purposes of converting privately owned real property for retail, office, commercial, industrial or residential development; or for enhancement of tax revenue; or for transfer to a person, nongovernmental entity, public-private partnership, corporation or other business entity. This subsection shall not apply to 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. Structures listed on the National Register of Historic Places are exempt from the provisions of this subsection.
SECTION 2. This act shall take effect and be in force from and after its passage.
