§17A | TAKING PRIVATE PROPERTY BY EMINENT DOMAIN; TRANSFER TO OTHERS PROHIBITED FOR TEN YEARS; EXCEPTIONS
No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten years after its acquisition, be transferred or any interest therein transferred to any person, non-governmental entity, public-private partnership, corporation, or other business entity with the following exceptions:
(1) The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.
(2) The above provisions shall not apply where the use of eminent domain
(a) removes a public nuisance;
(b) removes a structure that is beyond repair or unfit for human habitation or use;
(c) is used to acquire abandoned property; or
(d) eliminates a direct threat to public health or safety caused by the property in its current condition.
Footnotes
NOTE: During the November 8, 2011, General Election, a citizen-initiated Constitutional amendment, Initiative # 31 - Eminent Domain, was approved by a majority of the electors of Mississippi. The Governor, by Executive Order No. 1074, dated January 9, 2012, directed the Secretary of State to insert Initiative # 31 into the Mississippi Constitution as Article 3, § 17A. Article 15, § 273(10) of the Mississippi Constitution provides that initiatives approved by the electors take effect thirty (30) days from the date of the official declaration of the vote by the Secretary of State. The Secretary of State certified the November 8, 2011, election on December 8, 2011.
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