Bill Text: MS SB2776 | 2024 | Regular Session | Engrossed
Bill Title: Immediate possession; authorize for certain public agencies for roads & public utilities for an economic development project.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2024-04-19 - Approved by Governor [SB2776 Detail]
Download: Mississippi-2024-SB2776-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A
By: Senator(s) Michel, Bryan, Blackmon
Senate Bill 2776
(As Passed the Senate)
AN ACT TO AMEND SECTION 11-27-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN PUBLIC AGENCIES TO EXERCISE THE RIGHT TO IMMEDIATE POSSESSION OF EASEMENTS OR RIGHTS-OF-WAY FOR PUBLIC HIGHWAYS AND ROADS, AND FOR WATER UTILITIES, SEWER UTILITIES, DRAINAGE UTILITIES AND OTHER PUBLIC UTILITY PURPOSES IN CONNECTION WITH A PROJECT DEFINED IN SECTION 57-75-5(f)(xxxiii); 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 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).
SECTION 2. This act shall take effect and be in force from and after its passage.
