Bill Text: MS SB2897 | 2011 | Regular Session | Introduced
Bill Title: Eminent domain; property owner to recover costs under certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2897 Detail]
Download: Mississippi-2011-SB2897-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A
By: Senator(s) Hewes
Senate Bill 2897
AN ACT TO AMEND SECTIONS 11-27-19, 11-27-37, 11-27-85 AND 11-27-89, MISSISSIPPI CODE OF 1972, TO REQUIRE A PARTY EXERCISING THE RIGHT OF EMINENT DOMAIN OR OF EMINENT DOMAIN WITH IMMEDIATE POSSESSION TO PAY CERTAIN COSTS OF THE PARTY WHOSE PROPERTY IS BEING TAKEN UNDER CERTAIN CIRCUMSTANCES; 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. 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payment is actually made; * * * however, * * * interest need not be paid on any funds deposited by the plaintiff and withdrawn by the defendants prior to judgment. The final judgment shall include any costs due under Section 11-27-37. At the conclusion of the trial, the court shall instruct the jury in accordance with the Mississippi Rules of Civil Procedure.
SECTION 2. Section 11-27-37, Mississippi Code of 1972, is amended as follows:
11-27-37. (1) In case the plaintiff shall fail to pay the damages and costs awarded to the defendant within ninety (90) days from the date of the rendering of the final judgment, if such judgment is not appealed from, or in case the suit shall be dismissed by the plaintiff except pursuant to settlement, or the judgment be that the plaintiff is not entitled to a judgment condemning property, the defendant may recover of the plaintiff in an action brought therefor all reasonable expenses, including attorneys' fees, incurred by him in defending the suit.
(2) The plaintiff shall reimburse the defendant for all of the defendant's reasonable attorney's fees, appraisal fees and engineer fees actually incurred by the defendant where the award by the court in the proceedings equals or exceeds one hundred thirty percent (130%) of the last written offer given to the defendant before the filing of the condemnation action.
(3) Nothing in this section shall be construed as limiting the ability of a property owner to recover just compensation, including attorney's fees, appraisal fees or engineer fees, or any or all of them, as may otherwise be authorized by law.
SECTION 3. 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, and (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).
(4) A final judgment under this section shall include costs as provided in Section 11-27-37 if that section applies.
SECTION 4. Section 11-27-89, Mississippi Code of 1972, is amended as follows:
11-27-89. The appraiser shall receive as compensation for his services such sum, plus expenses, as the court allows, which shall be taxed as cost in the proceedings. The sum allowed shall be based upon the degree of difficulty and the time required to perform the appraisal, but may not exceed One Thousand Dollars ($1,000.00) unless, in the opinion of the court, special circumstances warrant a greater sum. An order granting a sum greater than One Thousand Dollars ($1,000.00) must describe in detail the special circumstances that warrant payment of a greater sum.
The making of a deposit by the plaintiff or the withdrawal of said deposit by the defendant or defendants shall not prejudice the right of any party to a trial by jury in the special court of eminent domain to determine the fair market value of the property to be condemned and the damages, if any, to the remainder if less than the whole is taken, as provided in Sections 11-27-1 through 11-27-49, Mississippi Code of 1972.
The party utilizing immediate possession shall pay all appraisal costs incurred by the party whose property is being taken if Section 11-27-37 applies.
SECTION 5. This act shall take effect and be in force from and after July 1, 2011.
