Mississippi Code
Miss. Code Ann. § 11-27-5 (2026)
Complaint to condemn; parties; preference
✓ current as of July 2026
Any person or corporation having the right to condemn private property for public use shall file a complaint to condemn with the circuit clerk of the county in which the affected property, or some part thereof, is situated and shall make all the owners of the affected property involved, and any mortgagee, trustee or other person having any interest therein or lien thereon a defendant thereto. The complaint shall be considered a matter of public interest and shall be a preference case over other cases except other preference causes. The complaint shall describe in detail the property sought to be condemned, shall state with certainty the right to condemn, and shall identify the interest or claim of each defendant.
Codes, 1942, § 2749-03; Laws, 1971, ch. 520, § 3; Laws, 1991, ch. 573, § 61, eff. 7/1/1991.
Notes of Decisions
Cited in 14
cases, 1973–2011 · leading case: DEDEAUX Util. CO. v. City of Gulfport, 63 So. 3d 514 (Miss. 2011).
DEDEAUX Util. CO. v. City of Gulfport, 63 So. 3d 514 (Miss. 2011). “” See Miss.Code Ann. § 11-27-5 (Rev.2004). Since Harrison County has two judicial districts which are treated by statute as “two separate counties!,]” Gulf-port contends that “[t]he [t]rial [c]ourt’s order transferring the venue of this case from the First Judicial District .”
State High. Com'n of Miss. v. Havard, 508 So. 2d 1099 (Miss. 1987). “*1101 Miss. Code Ann. §§ 11-27-5 , et seq. (1972).”
DEDEAUX Util. CO. v. City of Gulfport, 938 So. 2d 838 (Miss. 2006). “2004) mandates that the petition for condemnation be filed in the jurisdiction where the subject property is situated, venue is jurisdictional, and it was error for the trial judge to grant Dedeaux's motion for change of venue. Gulfport raises this claim for the first time on…”
Dunston v. Mississippi Dept. of Marine Res., 892 So. 2d 837 (Miss. Ct. App. 2005). “See Miss.Code Ann. § 11-27-5 (Rev.2004). ¶ 17.”
Coats v. City of Yazoo City, 562 So. 2d 64 (Miss. 1990). “Miss.Code Ann. § 11-27-5 (1972) directs that “all owners of the affected property” be made parties but tells nothing of what should be done if one is left out.”
Winters v. City of Columbus, 735 So. 2d 1104 (Miss. Ct. App. 1999). “Miss.Code Ann. § 11-27-5 (Supp. 1998). Our concern here is that the resolution that declares the public use and necessity, also give an adequate description.”
Bishop v. Mississippi Transp. Com'n, 734 So. 2d 218 (Miss. Ct. App. 1999). “Miss.Code Ann. § 11-27-5 (Supp. 1998). What in effect the trial court held is that even though all parties with potential interests in the property must be joined, there can be no sorting out of those interests at trial.”
Harrison v. Mississippi Transp. Comm'n, 57 So. 3d 622 (Miss. 2011). “…alternatively.'' Miss. Code Ann. § 75-3-110 (d) (Rev.2008). 12 . Miss.Code Ann. § 11-27-87 (Rev.2004). 13 . Id. 14 . Miss.Code Ann. 11-27-5 (Rev.2004).”
Ford v. Destin Pipeline Co., 809 So. 2d 573 (Miss. 2000). “On appeal, the Trust points to Miss.Code Ann. § 11-27-5 (Supp.1999), which requires that an eminent domain petition “shall describe in detail the property sought to be condemned,” and to Miss.”
Mississippi Power & Light Co. v. City of Clarksdale, 288 So. 2d 9 (Miss. 1973). “Miss. Code Ann. § 11-27-5 (1972). Clarksdale's petition in the eminent domain proceedings did not describe MP&L's *13 franchise as being part of the property taken.”
Dedeaux Util. Co., Inc. v. City of Gulfport (Miss. 2004). “On cross- appeal, Gulfport complains that, since Miss. Code Ann. § 11-27-5 (Rev. 2004) mandates that the petition for condemnation be filed in the jurisdiction where the subject property is situated, venue is jurisdictional, and it was error for the trial judge to grant…”
Dedeaux Util. Co., Inc. v. City of Gulfport, Mississippi (Miss. 2008). “” Miss. Code Ann. § 11-27-5 (Rev. 2004) (emphasis added).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.