The complaint shall be filed with the circuit clerk and shall be assigned a number and placed on the docket as other pleadings in circuit court or county court. The plaintiff shall also file a lis pendens notice in the office of the chancery clerk immediately after filing the complaint. The circuit clerk, or the plaintiff by his attorney, shall forthwith present such complaint to the circuit judge or county judge, as the case may be, who shall by written order directed to the circuit clerk fix the time and place for the hearing of the matter, in termtime or vacation, and the time of hearing shall be fixed on a date to allow sufficient time for each defendant named to be served with process as is otherwise provided by the Mississippi Rules of Civil Procedure, for not less than thirty (30) days prior to the hearing. If a defendant, or other party in interest, shall not be served for the specified time prior to the date fixed, the hearing shall be continued to a day certain to allow the thirty-day period specified. Not less than twenty (20) days prior to the date fixed for such hearing, the plaintiff shall file with the circuit clerk and serve upon the defendants, or their respective attorneys, a statement showing:
- (1) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the plaintiff. Not less than ten (10) days prior to the date fixed for such hearing, each of the defendants shall file with the circuit clerk and serve upon the plaintiff, or his attorney, a statement showing:
- (1) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint;
- (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the defendants. In each such instance, both the plaintiff and the defendant shall set out in such statement the asserted highest and best use of the property and shall itemize the elements of damage, if any, to the remainder if less than the whole is taken. The statements required by this section shall constitute the pleadings of the parties with respect to the issue of value, and shall be treated as pleadings are treated in civil actions in the circuit court. The judge, for good cause shown, may increase or decrease the time for pleading by the plaintiff or by the defendant.
Codes, 1942, § 2749-04; Laws, 1971, ch. 520, § 4; Laws, 1991, ch. 573, § 62, eff. 7/1/1991.
Notes of Decisions
State High. Com'n v. Hyman, 592 So. 2d 952 (Miss. 1991).
· cites it 3× “PITTMAN, Justice, for the Court: This is an appeal from the Circuit Court of Holmes County, involving an eminent domain proceeding wherein the trial court granted a default judgment in favor of the landowner, Herbert Hyman, [1] because the Mississippi State Highway Commission…”
Miss. State High. Com'n v. Viverette, 529 So. 2d 896 (Miss. 1988).
· cites it 2× “Miss. Code Ann. § 11-27-7 (1972). The damages to the remainder were largely attributable to the destruction of a tier-beam wood and metal fence with a steel wedged archway which had been placed across the highway frontage by Viverette's predecessor in title, Rex Dolan.”
Morley v. Jackson Redevelopment Auth., 632 So. 2d 1284 (Miss. 1994).
“Although Miss. Code Ann. § 11-27-7 does state that the owners will not be required to submit their statement of values until ten (10) days before trial, that does not mean that expert's opinions and basis therefor are not discoverable, according to the prior decisions of this…”
State High. Com'n v. McDonalds Corp., 509 So. 2d 856 (Miss. 1987).
“Of course, all rights of Robinson were as lessee of McDonald's. By failing to assert this in trial proceedings and before us, has the Highway Department waived its right to claim anything less than $219,500 in the compensation? By statute, Miss.”
Hudspeth v. State High. Com'n, 534 So. 2d 210 (Miss. 1988).
“The trial court overruled the motion to strike finding that the motion was not timely filed and that Hudspeth had suffered no prejudice. It is well-settled according to Mississippi case law that statements of value in an eminent domain proceeding are to be treated as pleadings…”
Dennis v. City Council of Greenville, 646 So. 2d 1290 (Miss. 1994).
“Following the procedure set forth in Miss. Code Ann. § 11-27-7 (1972), the City filed a statement of values setting the fair market *1291 value of the condemned 5.”
Cox v. Warren Cnty., 600 So. 2d 935 (Miss. 1992).
“Warren County was required to file a lis pendens notice in the chancery clerk’s office pursuant to Miss.Code Ann. § 11-27-7 giving public notice of the condemnation proceedings.”
Mississippi State High. Comm'n v. Amos, 319 So. 2d 231 (Miss. 1975).
“" Miss. Code Ann. § 11-27-7 (1972). Mississippi Code Annotated section 11-7-115 (1972), concerning pleadings in the circuit court, provides: The court shall have full power to allow all amendments to be made in any pleading or proceeding at any time before verdict.”
Smith v. Jackson State Univ., 995 So. 2d 88 (Miss. 2008).
“" Miss.Code Ann. § 11-27-7 (Rev.2004). [5] We reject the plaintiff's argument that, according to Mississippi Code Annotated Section 29-1-1, the Secretary of State should have signed the Condemnation Order to validate the transfer of land.”
Mississippi Transp. Comm'n v. Buchanan, 99 So. 3d 230 (Miss. Ct. App. 2012).
“…and best use of the property, and making an itemization of the elements of the damage to the remaining property. Miss.Code Ann. § 11-27-7 (Rev.2004).”
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