2016 Mississippi Code
Title 65 - Highways, Bridges and Ferries
Chapter 1 - Transportation Department
Article 3 - Eminent Domain and Condemnation Proceedings
§ 65-1-303. Filing of complaint and declaration of taking

(1) When, in the exercise of its duties, the Mississippi Transportation Commission finds it necessary to condemn property, the commission shall institute a civil action by filing in the circuit or county court of any county in which the land is located a complaint and a declaration of taking that such land, easement or interest therein is thereby taken for the use of the Department of Transportation.

(2) The declaration shall contain or have attached thereto the following:

(a) A statement of the authority under which and the use for which the land is taken;

(b) A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;

(c) A statement of the estate or interest in the land taken for public use and a description of area taken for the identification thereof;

(d) The names and addresses of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands, so far as the same can be by reasonable diligence ascertained; and, if any such persons are infant, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated; and

(e) A statement of the sum of money which constitutes the fair market value as determined by the Transportation Department to be just compensation for the taking.

(3) The complaint shall contain or have attached thereto the following:

(a) A statement of the authority under which and the public use for which the land is taken;

(b) A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;

(c) A statement of the estate or interest in the land taken for public use and a description of the area taken sufficient for the identification thereof;

(d) The names and addresses of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands, so far as the same can be by reasonable diligence be ascertained; and, if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated;

(e) A statement as to such liens or other encumbrances as the Transportation Department is informed and believes are encumbrances upon the real estate and can by reasonable diligence be ascertained; and

(f) A prayer that there be a determination of just compensation in accordance with the provisions of this article.

(4) The filing of the complaint and the declaration of taking shall be accompanied by the deposit of the sum of money, the fair market value, determined by the Transportation Department to be just compensation for the taking; and, upon the filing of the complaint and the declaration and deposit of the sum, summons shall be issued and, together with a copy of the complaint and the declaration of taking and notice of the deposit, shall be served upon the person named therein in the manner now provided for the service of process in civil actions. The Transportation Department may amend the complaint and declaration of taking and may increase the amount of its deposit with the court at any time while the proceeding is pending, and the owner shall have the same rights of withdrawal of this additional amount as set forth in Section 65-1-307.