As Amended
SEC. 11-27-81. Who may exercise right of immediate possession.
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 or municipality 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;
(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); or
(i) By any county or municipality at the request and on behalf of a separate public entity 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.
SOURCES: Codes, 1942, Sec, 2749-04.5; Laws, 1972, ch. 489, Sec. 1; Laws, 1975, ch. 447; Laws, 1987 Ex Sess, ch. 24, Sec. 19; Laws, 1989, ch. 535, Sec. 8; Laws, 1990, ch. 470, Sec.1; Laws, 1994, ch. 310, Sec. 2; Laws, 2000, 3rd Ex Sess, ch. 1, Sec. 11; Laws, 2001, ch. 476, Sec. 2, SB 2458, eff from and after passage (approved Mar. 23, 2001.)
PREVIOUS VERSIONS: Pre-2001