SEC. 69-21-123. Action for damages against applicator; statement to Department of Agriculture and Commerce; notice of claim

Section 69-21-123, Mississippi Code of 1972, is reenacted as follows:

69-21-123. Any person, firm, or corporation having a right of action against an applicator, person, firm, association or corporation, or any other person, may bring suit against them or either of them for any damages caused by their negligence of the aerial application regulated by the Agricultural Aviation Board, but in no event, however, shall a surety be named in or made a party to such action. No action for such damages may be brought or maintained, however, unless the person claiming the damages shall have filed with the Mississippi Department of Agriculture and Commerce a written statement claiming that he has been damaged, on a form prescribed by the Mississippi Department of Agriculture and Commerce, within sixty (60) days after the date that the damages occurred and prior to the time that twenty-five percent (25%) of a crop damaged shall have been harvested in the event claim concerns a crop. Such statement shall contain, but shall not be limited thereto, the name of the person or persons who operated the aircraft, if known, the permit number of the aircraft, if known, the name of the owner or lessee of the land on which the crops are grown and for which damages are claimed, and the date on which it is alleged that the damage occurred. The Mississippi Department of Agriculture and Commerce, is required to prepare a form to be furnished to persons to be used in such cases, and such form shall contain such other requirements as the Mississippi Department of Agriculture and Commerce may deem proper. The Mississippi Department of Agriculture and Commerce, shall, upon receipt of such statement, notify the licensee and/or operator of the aircraft, and the owner or lessee of the land or other person who may be charged with the responsibility for the damages claimed, and furnish copies of such statements as may be requested. However, notwithstanding any other provisions of this article, any person claiming damages hereunder may give notice to the landowner or lessee of the treated crop claiming that he has been damaged within sixty (60) days after the date that the damage occurred and prior to the time that twenty-five percent (25%) of a crop damaged shall have been harvested in the event claim concerns a crop, which said notice shall preserve said persons, claiming damages, cause of action.

SOURCES: Codes, 1942, Sec. 5011-13; Laws, 1966, ch. 239, Sec. 13; 1972, ch. 369, Sec. 12; 1980, ch. 482, Sec. 8; reenacted, 1983, ch. 304, Sec. 12; reenacted, 1991, ch. 391, Sec. 12; 1991, ch. 530, Sec. 14, eff from and after July 1, 1991. Reenacted without change, Laws, 1996, ch. 447, Sec. 12, eff from and after July 1, 1996; 1997 Laws, Chapter 468, Sec. 12, SB2288, Effective July 1, 1997. Reenacted by Laws 1999, Ch. 387, Sec. 12, eff. July 1, 1999.