Mississippi Code
Miss. Code Ann. § 11-27-81 (2026)
Who may exercise right of immediate possession
✓ current as of July 2026
The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972, may be exercised only:
- (a) By the State Highway Commission for the acquisition of highway rights-of-way only;
- (b) By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;
- (c) By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;
- (d) By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;
- (e) By any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section 49-17-701 et seq., for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business. A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible. A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013. Provisions of this paragraph (e) shall not apply to House District 109;
- (f) By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;
- (g) By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv)1 or any facility related to the project as provided in Section 57-75-11(e)(ii);
- (h) By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92;
- (i) By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv). The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (i) after July 1, 2003;
- (j) By a regional economic development alliance created under Section 57-64-1 et seq., for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi). An alliance may not exercise the right to immediate possession under this paragraph (j) after July 1, 2012;
- (k) By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii). A county may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012 ; or
- (l) By any public agency, as defined in Section 57-75-37(7)(a)(ii), for the purpose of acquiring land, property or interests therein, including, but not limited to, easements or rights-of-way for public highways and roads, and for public water utilities, public wastewater and wastewater treatment utilities, public drainage utilities and other public utility purposes in connection with a project defined in Section 57-75-5(f)(xxxiii).
Codes, 1942, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1975, ch. 447; Laws, 1987 Ex Sess, ch. 24, § 19; Laws, 1989, ch. 535, § 8; Laws, 1990, ch. 470, § 1; Laws, 1994, ch. 310, § 2; Laws, 2000, 3rd Ex Sess, ch. 1, § 11; Laws, 2001, ch. 476, § 2; Laws, 2007, ch. 303, § 11; Laws, 2007, 1st Ex Sess, ch. 1, § 6; Laws, 2008, 1st Ex Sess, ch. 52, eff. 8/21/2008.
Amended by Laws, 2024, ch. 394, SB 2776,§ 1, eff. 4/19/2024.
Amended by Laws, 2017, ch. 404, HB 1330, 10, eff. 7/1/2017.
Notes of Decisions
Cited in 14
cases, 1988–2019 · leading case: Lemon v. Mississippi Transp. Com'n, 735 So. 2d 1013 (Miss. 1999).
Lemon v. Mississippi Transp. Com'n, 735 So. 2d 1013 (Miss. 1999). “State Highway Comm'n , a case discussing taking under an older statute, Miss.Code Ann. § 11-27-81 (1972), as follows: The "quick take" statute is a major public policy pronouncement appropriately emanating from the legislative branch of our government.”
State High. Com'n v. Hyman, 592 So. 2d 952 (Miss. 1991). “After negotiating with Hyman and failing to reach a mutually agreeable price, the Commission took the land pursuant to Miss. Code Ann. §§ 11-27-81 to 91 (Supp. 1990), popularly known as the "quick take" law.”
Hudspeth v. State High. Com'n, 534 So. 2d 210 (Miss. 1988). “Locke as the court appointed appraiser to conduct an appraisal of the property to be condemned pursuant to Miss. Code Ann. § 11-27-81 et seq. (1972) (as amended).”
Howell v. State High. Com'n, 573 So. 2d 754 (Miss. 1990). “See Miss. Code Ann. §§ 11-27-81 , et seq. (Supp.”
Marlow, L.L.C. v. Bellsouth Telecomm., Inc., 686 F.3d 303 (5th Cir. 2012). “Miss. Code Ann. § 11-27-81 . Under that scheme, there must be a complaint filed in court, an appraisal done under court order, and initial compensation filed in court before construction begins.”
Martin v. Mississippi Transp. Com'n, 953 So. 2d 1163 (Miss. Ct. App. 2007). “See Miss.Code Ann. § 11-27-81 (Rev.2004) ¶ 3.”
Webb v. Town Creek Master Water Mgmt. Dist., 903 So. 2d 701 (Miss. 2005). “Certain entities have been given the right of immediate possession by the Legislature in Miss.Code Ann. § 11-27-81. However, § 11-27-81 does not include water management districts within its scope.”
Harrison v. Mississippi Transp. Comm'n, 57 So. 3d 622 (Miss. 2011). “With leave of the court, MTC filed an amended complaint under quick-take provisions (Miss.Code Ann. §§ 11-27-81 to -91 (Rev.2004)) and added Peggy and Wayne Mann (Sherry Mann's parents) after discovering that Sherry had conveyed the property to her mother.”
Coleman v. Mississippi Transp. Comm'n, 159 So. 3d 546 (Miss. 2015). “” See Miss.Code Ann. § 11-27-81 (Rev.2004). Later that month, on September 30, 2010, the court appointed an independent appraiser pursuant to Section 11-27-83.”
Davidson v. Tarpon Whitetail Gas Storage, LLC, 90 So. 3d 691 (Miss. Ct. App. 2012). “See Miss.Code Ann. § 11-27-81 (Supp. 2011). Private entities, like Tarpon, are not eligible to proceed under the quick-take statute.”
Fred L. Lemon v. Mississippi Transp. Comm'n (Miss. 1997). “State Highway Comm'n, a case discussing taking under an older statute, Miss. Code Ann. § 11-27-81 (1972), as follows: The "quick take" statute is a major public policy pronouncement appropriately emanating from the legislative branch of our government.”
Mangal v. City of Pascagoula, Jackson Cnty., MS (S.D. Miss. 2019). “Plaintiffs allege that the City of Pascagoula attempted to exercise eminent domain and take their property under a “quick take” procedure, see Miss. Code Ann. §§ 11-27-81 to 89, for the purpose of expanding city-owned athletic fields.”
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