Evidence may be introduced by either party, and the jury may, in the sound discretion of the judge, go to the premises, under the charge of the court as to conduct, conversation and actions as may be proper in the premises. Evidence of fair market value shall be established as of the date of the filing of the complaint. Any judgment finally entered in payment for property to be taken shall provide legal interest on the award of the jury from the date of the filing of the complaint until payment is actually made; provided, however, that interest need not be paid on any funds deposited by the plaintiff and withdrawn by the defendants prior to judgment. At the conclusion of the trial, the court shall instruct the jury in accordance with the Mississippi Rules of Civil Procedure.
Codes, 1942, § 2749-10; Laws, 1971, ch. 520, § 10; Laws, 1991, ch. 573, § 65, eff. 7/1/1991.
Notes of Decisions
DEDEAUX Util. CO. v. City of Gulfport, 63 So. 3d 514 (Miss. 2011).
· cites it 6× “Thereafter, Dedeaux filed a “Motion for New Trial and for Judgment Notwithstanding the Verdict” and Gulfport filed a “Motion for New Trial,” both of which were denied by the trial court.”
Pursue Energy Corp. v. Abernathy, 77 So. 3d 1094 (Miss. 2011).
“” Miss.Code Ann. § 11-27-19 (Rev.2004). Because the statute called for the payment of “legal interest” and not interest calculated “according to the actuarial method,” this Court determined that “legal interest” is not compounded, but is, rather, simple interest.”
DEDEAUX Util. CO. v. City of Gulfport, 938 So. 2d 838 (Miss. 2006).
“Miss.Code Ann. § 11-27-19 (Rev.2004) provides as follows: "Any judgment finally entered in payment for property to be taken shall provide legal interest on the award of the jury from the date of the filing of the complaint until payment is actually made.”
Trs. of Wade Baptist v. MISS. ST. HWY., 469 So. 2d 1241 (Miss. 1985).
“Obviously, an actual viewing of the property was far more beneficial to the jury than even the most fairly prepared videotape would have been.”
Coleman v. Mississippi Transp. Comm'n, 159 So. 3d 546 (Miss. 2015).
“See Miss.Code Ann. § 11-27-19 (Rev.2004). In denying Coleman’s motion, the trial judge stated, [Wjhat I do know is that the money was deposited after filing of the complaint.”
Ford v. Destin Pipeline Co., 809 So. 2d 573 (Miss. 2000).
“The land consisted of an open pine savannah, 3 and the jury could see across the property along the easement to the power line poles near the eastern boundary of the property.”
Gateway United Methodist Church of Gulfport, Missi v. Mississippi Transp. Comm'n, 147 So. 3d 900 (Miss. Ct. App. 2014).
“Miss.Code Ann. § 11-27-19 (Rev. 2004). However, a landowner is not entitled to compensation under the Mississippi Constitution for diminution of access where the action taken by the State constitutes a reasonable exercise of police power and where the landowner is left *904 with…”
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