2018 Mississippi Code
Title 77 - Public Utilities and Carriers
Chapter 5 - Electric Power
Article 9 - Local Governmental Power Development Under Laws of 1936.
§ 77-5-441. Exercise of power of eminent domain by municipality.
Any municipality proceeding under the provisions of this article is hereby authorized and empowered to condemn any land, easements or rights of way either on, under or above the ground, for any and all purposes necessary in connection with the construction, operation and maintenance of an electric plant or improvements thereto. Title to property so condemned shall be taken in the name of the municipality. Such condemnation proceedings shall be pursuant to and in accordance with Chapter 27, Title 11, of the Mississippi Code of 1972. Where condemnation proceedings become necessary the judge of the circuit court in which such proceedings are filed shall upon application of the municipality and upon the deposit in the court, for the use of the person or persons lawfully entitled thereto, of such amount as the judge may deem necessary to assure just compensation, order that the right of possession shall issue immediately or as soon and upon such terms as the judge in his discretion may deem proper and just. Upon application of the parties in interest, the judge may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceedings.
