Title 65, Highways, Bridges and Ferries

(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 declarati…

(1) Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the amount of the compensation stated in the declaration, and upon the Transportation Department having filed proof of service of process, title …

(1) The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause t…

(1) Any person whose property has been taken by the Transportation Department by the filing of a complaint and a declaration of taking may, within the time hereinafter set forth, file an answer to the complaint praying only for a determination of just compensation. No answer shal…

Any person named in and served with a complaint and declaration of taking shall have twelve (12) months from the date of service thereof to file an answer. Failure to answer within the time shall constitute an admission that the amount deposited is just compensation and shall be …

After the filing of the plat, the judge, upon motion and ten (10) days’ notice by either the Transportation Department or the owner shall, either in or out of term, hear and determine all issues raised by the pleading other than the issue of just compensation, including, if contr…

(1) The judge may appoint some competent attorney to appear for and protect the rights of any party or parties in interest who are unknown or whose residence is unknown and who have not appeared in the proceeding represented by an attorney or agent. The judge shall appoint guardi…

(1) Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Transportation Department without the filing of a complaint and declaration of taking by the department may, within twenty-four (24) months of the da…

(a) The following shall be the measure of damages to be followed by the jury or judge who determines the issue of just compensation:(a) If only a part of a tract is taken, the measure of just compensation for the taking shall be the difference between the fair market value of the…

To the amount awarded as just compensation by the jury or judge, the judge, as part of just compensation, shall add interest at the legal rate for judgments on the amount from the date of taking to the date of judgment; but interest shall not be allowed from the date of deposit o…

An order of the court shall fix the time and place for the hearing either in term time or vacation, and a certified copy shall be given to the court administrator. If the hearing is set during term time, it shall be given priority over any other matter and shall utilize the regul…

(1) Each different property, identified by separate ownership, shall constitute a separate civil action and shall require trial, unless otherwise agreed by all parties with the approval of the court. Trial shall be to a jury of twelve (12), which shall be examined and empaneled i…

In all cases of procedure under this article, whenever the mode or manner of conducting the action is not expressly provided for in this article or by the Mississippi Rules of Civil Procedure, or whenever the rules of civil procedure are inapplicable, the judge before whom such p…

Final judgments entered in actions instituted under the provisions of this article shall contain a description of the property affected, together with a description of the property and estate of interest acquired by the Transportation Department. A copy of the judgment shall be c…

If there are adverse and conflicting claimants to the deposit made into the court by the Transportation Department or the additional amount determined as just compensation on which final judgment is entered in the action, the judge may direct the full amount determined to be paid…

The provisions of this article shall not prevent the transportation department and the owner from entering into a written agreement whereby the owner agrees and consents that the department may enter upon his property without filing the complaint and declaration of taking and dep…

The Transportation Department, without having filed a complaint and a declaration as provided in this article, may enter upon any lands and structures to make surveys, borings, soundings, environmental assessments or examinations as may be necessary in carrying out and performing…

A property owner whose property is totally taken in fee simple by the transportation department exercising the power of eminent domain under this article or under any other statute, shall be entitled to reimbursement from the department of the pro rata portion of real property ta…

If the amount of the final judgment is less than the amount deposited by the Transportation Department pursuant to the provisions of this article, the department shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court c…

The Transportation Department shall pay all court costs taxed by the court. Either party shall have a right of appeal to the Supreme Court for errors of law committed in any proceedings provided for in this article in the same manner as in any other civil actions, and it shall no…

The circuit clerks and chancery clerks shall not require the transportation department when following the procedure established in this article to prepay the cost of filing of a court action, filing of an instrument or obtaining a copy of any filed instrument from the office of c…

The provisions of this article shall not be considered as amending or repealing any other provisions of law that prescribe a procedure for the acquisition of property through eminent domain or condemnation proceedings but shall be considered as a method and procedure that may be …

Nothing in this article shall be construed so as to deprive the owner of the property or interest in the property which is the subject of acquisition pursuant to this article of due process of law as guaranteed by the Constitutions of the State of Mississippi and of the United St…

It is the intent of the Legislature to promote and provide services economically and to streamline the process for the weighing of vehicles, the issuance of permits, the collections of taxes, fees, and assessments and for the enforcement of the laws of this state, and rules and r…

The Mississippi Transportation Commission may negotiate and enter into interstate agreements with contiguous states through their appropriate officials, departments or agencies, to jointly provide for the location, construction, staffing and operation of portable or permanent sca…

The interstate agreement may authorize employees of either state to weigh machinery, vehicles, trailers and other equipment under the jurisdiction of the Mississippi Transportation Commission, issue permits, collect fees, taxes, interests and penalties imposed by the laws, rules …

The Mississippi Transportation Commission may appoint employees of the contiguous states as duly authorized and empowered enforcement officers of the Mississippi Transportation Commission for the enforcement of tax, weight, size and load, equipment, safety and all other laws, rul…

Any employee of a contiguous state which enters into an interstate agreement under the authority of Sections 65-1-501 through 65-1-513 shall not become an employee of this state or of the Mississippi Transportation Commission, and shall not be compensated by this state or be enti…

Employees of this state who accept appointments from a contiguous state shall not, by virtue of their appointment, be considered an employee of that state, be compensated by that state or be considered an employee of that state for the purposes of employment rights.

The Mississippi Transportation Commission may enact all rules and regulations necessary to implement the provisions of Sections 65-1-501 through 65-1-513 and the authority granted in Sections 65-1-501 through 65-1-513 shall be in addition to the powers granted to the Mississippi …

(a) As used in this article:(a) “Airport” means a publicly owned airport in Mississippi.(b) “Fund” means the Multi-Modal Transportation Improvement Fund created in Section 65-1-703.(c) “MDA” means the Mississippi Development Authority.(d) “MDOT” means the Mississippi Department o…

There is established in the State Treasury a special fund to be designated as the “Multi-Modal Transportation Improvement Fund” into which shall be deposited such state funds as may be designated for deposit therein. Unexpended amounts remaining in the fund at the end of the stat…

(1) (a) There is hereby created the Port Multi-Modal Fund Committee whose membership shall consist of:(i) Seven (7) directors of ports, appointed by the President of the Mississippi Water Resources Association, or their designees, as follows: three (3) directors of the coastal po…

(1) During each state fiscal year, MDOT shall distribute the money in the fund among the various modes as follows:(a) Thirty-eight percent (38%) shall be distributed to ports;(b) Thirty-four percent (34%) shall be distributed to airports;(c) Sixteen percent (16%) shall be distrib…

(1) There is hereby created the Joint Legislative Multi-Modal Fund Committee which shall consist of the Chairman of the Senate Highways and Transportation Committee, or his designee; the Chairman of the Senate Ports and Marine Resources Committee, or his designee; the Chairman of…

(1) There is created in the State Treasury a special fund to be known as the “Strategic Multi-Modal Investments Fund,” into which shall be deposited nonfederal money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designa…

It is hereby declared to be the public policy of the State of Mississippi that it is necessary and essential in the public interest to facilitate the prompt, peaceful, and just settlement of conflicts and disputes arising out of contracts for the construction of any building, hig…

The board shall have the authority to hire personnel for the purpose of recording the hearings provided for herein, and the costs for such personnel shall be assessed as determined by the board.

It shall be the duty of the board to make written findings of fact and conclusions of law and to promulgate a written decision and order upon the issue or issues presented in each case. In making such findings the board shall consider only, and be bound only, by the evidence subm…

(1) Either party to the dispute may, within fifteen (15) days from the date such order is filed with the clerk of the court, petition the circuit court of any county in which the contractor operates or has an office or place of business, for a review of such order on the ground t…

Either party may appeal to the Supreme Court from the decision of the judge of the circuit court within the same period of time and following the same procedure as used in appeals from the order of the board to the circuit court.

The board shall be composed of three (3) members, one (1) to be appointed by the Mississippi Transportation Commission, and one (1) to be selected by the Mississippi Road Builders’ Association, Incorporated, or its successor organization (hereinafter referred to as the contractor…

The board shall elect a chairman and may adopt rules of procedure. The board may be called into session by the Mississippi Transportation Commission or by a contractor who has a dispute with the Mississippi Department of Transportation which, under the rules of the board, may be …

Attendance of all three (3) members shall be necessary to conduct a meeting. If a member is recused from an arbitration or is unable to serve, that member shall be replaced in the manner originally appointed. Upon being called into session the board shall promptly hold hearings a…

A full and complete record or transcript of the proceedings before the board shall be taken, and upon proper notice within the time provided for herein a record shall be transcribed and made available to the reviewing court at the cost of the party or parties requesting same.

Subject only to the provisions hereinafter contained, it shall be unlawful for any person, acting privately or in any official capacity or as an employee of any subdivision of the state, to charge or collect any toll or other charge from any person for the privilege of traveling …