Bill Text: MS SB2616 | 2021 | Regular Session | Introduced
Bill Title: Eminent domain and quick-take proceedings; require business damages for compensation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2616 Detail]
Download: Mississippi-2021-SB2616-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A
By: Senator(s) Hill
Senate Bill 2616
AN ACT TO AMEND SECTIONS 11-27-19 AND 11-27-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BUSINESS DAMAGES ARE CONSIDERED A COMPONENT OF JUST COMPENSATION IN EMINENT DOMAIN AND QUICK-TAKE PROCEEDINGS IF THE PROPERTY OWNER HAS OPERATED THE BUSINESS FOR AT LEAST FIVE YEARS AND TO PROVIDE FOR CERTAIN SPECIFIC DAMAGES IN MISSISSIPPI DEPARTMENT OF TRANSPORTATION QUICK-TAKE ACTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-27-19, Mississippi Code of 1972, is amended as follows:
11-27-19. (1) Evidence may be introduced by either party, and the jury may, in the sound discretion of the judge, go to the premises, under the charge of the court as to conduct, conversation and actions as may be proper in the premises. Evidence of fair market value shall be established as of the date of the filing of the complaint. Any judgment finally entered in payment for property to be taken shall provide legal interest on the award of the jury from the date of the filing of the complaint until payment is actually made; provided, however, that interest need not be paid on any funds deposited by the plaintiff and withdrawn by the defendants prior to judgment. At the conclusion of the trial, the court shall instruct the jury in accordance with the Mississippi Rules of Civil Procedure.
(2) In any eminent domain action filed on or after July 1, 2021, any property owner who has operated a business on the subject property for at least five (5) years shall be due business damages for the cost of losing its present location. In appraising the fair market value of the real estate before the taking and the fair market value of what remains after the land was taken, the court shall instruct appraisers to consider the capitalization of the income that the property is capable of producing through its highest and best use. In the case of a partial taking the court may grant business damages to reimburse a business owner for the costs of moving and reestablishing a business at a new location.
SECTION 2. Section 11-27-83, Mississippi Code of 1972, is amended as follows:
11-27-83 (1) If a plaintiff eligible to claim the right of immediate possession under the provisions of Sections 11-27-81 through 11-27-89 shall desire immediate possession of the property sought to be condemned, other than property devoted to a public use, the plaintiff shall so state in the complaint to condemn property filed with the circuit clerk pursuant to Sections 11-27-1 through 11-27-49, Mississippi Code of 1972, and shall therein make and substantiate the following declaration concerning the governmental project for which the property is being condemned: That the plaintiff shall suffer irreparable harm and delay by exercising the right to condemn said property through eminent domain proceedings pursuant to Sections 11-27-1 through 11-27-49, as opposed to claiming the right of immediate possession of said property pursuant to Sections 11-27-81 through 11-27-89.
(2) The court, or the judge thereof in vacation, as soon as practicable after being satisfied that service of process has been obtained, shall appoint a disinterested, knowledgeable person qualified to make an appraisal of the property described in the complaint to act as appraiser. The appraiser, after viewing the property, shall return to the clerk of court within ten (10) days after his appointment, his report in triplicate, under oath, which report shall state: (1) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the appraiser; and (3) his opinion as to the highest and best use of the property, and a narrative of the facts pertaining to his appraisal.
(3) In any eminent domain action filed on or after July 1, 2021, any property owner who has operated a business on the subject property for at least five (5) years shall be due business damages for the cost of losing its present location. In appraising the fair market value of the real estate before the taking and the fair market value of what remains after the land was taken, the court shall instruct appraisers to consider the capitalization of the income that the property is capable of producing through its highest and best use. In the case of a partial taking the court may grant business damages to reimburse a business owner for the costs of moving and reestablishing a business at a new location.
(4) The Mississippi Department of Transportation shall pay all court costs and appraisal fees for any case in which property is taken under the immediate possession statutes (Sections 11-27-81 through 11-27-91), and the court shall dismiss any such quick-take action if there is another eminent domain action pending regarding the same property which has been filed within one (1) year of the quick-take action.
(5) Upon motion of the property owner, the Mississippi Department of Transportation shall be liable for double compensation awarded by the court or accepted by the property owner for any property taken under the immediate possession statutes (Sections 11-27-81 through 11-27-91 if construction on the project has not commenced within one (1) year of the quick-take action.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.
