Bill Text: MS HB619 | 2013 | Regular Session | Introduced
Bill Title: Right to immediate possession; grant authority to certain county for purpose of constructing a certain transportation corridor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB619 Detail]
Download: Mississippi-2013-HB619-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: County Affairs; Transportation
By: Representative Clarke
House Bill 619
AN ACT TO AMEND SECTIONS 11-27-81 AND 11-27-85, MISSISSIPPI CODE OF 1972, TO GRANT THE COUNTY BOARD OF SUPERVISORS OF A CERTAIN COUNTY THE RIGHT TO IMMEDIATE POSSESSION OF CERTAIN LAND, PROPERTY AND/OR RIGHTS-OF-WAY WITHIN A HIGHWAY PROJECT SITE FOR THE PURPOSE OF CONSTRUCTING A CERTAIN MULTI-MODAL TRANSPORTATION CORRIDOR IN THAT COUNTY; 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 the Mississippi Wayport Authority for the purposes of acquiring land and easements for the Southeastern United States Wayport Project as authorized by Sections 61-4-1 through 61-4-13, Mississippi Code of 1972;
(f) 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 (f) shall not apply to House District 109;
(g) 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;
(h) 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);
(i) 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;
(j) 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 (j) after July 1, 2003;
(k) 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 (k) after July 1, 2012; * * *
(l) 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
(l) after July 1, 2012 * * *;
or
(m) By the boards of supervisors of any county of this state having a population in excess of two hundred forty thousand, according to the 2010 decennial census data, and having two (2) county seats for the purpose of land, property and/or rights-of-way within a highway project site and necessary for any highway project the board of supervisors, by a duly adopted resolution, determines to be related to construct a certain multi-modal transportation corridor in that county to highways constructed by the State Transportation Commission.
SECTION 2. Section 11-27-85, Mississippi Code of 1972, is amended 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, * * * (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), and (e) any county for the purpose of
acquiring land, property and rights-of-way for certain highway projects as
described in Section 11-27-81(m).
SECTION 3. This act shall take effect and be in force from and after its passage.
