Bay Point Properties, Inc. v. Mississippi Transp. Comm'n
Annotate this CaseBay Point Properties Inc. filed inverse condemnation proceedings against the Mississippi Transportation Commission (MTC), claiming the easement MTC had across Bay Point’s property had terminated and that MTC was required to pay Bay Point the unencumbered value of the property. A jury determined the easement, for which the Commission had paid $50,000, continued to encumber the property, but that the use by MTC was not a highway purpose. The jury awarded Bay Point the encumbered value of $500. Bay Point appealed. After review, the Supreme Court affirmed in part and reversed in part, finding that trial court failed to follow Section 43-37-9’s mandate to “determine and award or allow . . . such sum as will, in the opinion of the court[,] . . . reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.” Thus, the Court remanded with instructions to the trial court to hold a hearing in compliance with Section 43-37-9.
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