Mississippi Code
Miss. Code Ann. § 11-27-85 (2026)
Order granting right to immediate title and immediate entry; deposit
✓ current as of July 2026
- (1) Upon the filing of the report of the appraiser, the clerk shall within three (3) days mail notice to the parties and the court that the report has been filed. The court shall review the report of the appraiser and shall, after not less than five (5) days' notice thereof to the defendants, enter an order granting to the plaintiff title to the property, less and except all oil, gas and other minerals which may be produced through a well bore, and the right to immediate entry unless, for other cause shown or for uncertainty concerning the immediate public need for such property pursuant to Section 11-27-83, the judge shall determine that such passing of title, and right of entry should be denied. However, no person lawfully occupying real property shall be required to move from a dwelling or to move his business or farm operation without at least ninety (90) days' written notice prior to the date by which such move is required.
- (2) Upon entry of said order, the plaintiff may deposit not less than eighty-five percent (85%) of the amount of the compensation and damages as determined by the appraiser with the clerk of the court, and upon so doing, the plaintiff shall be granted title to the property, less and except all oil, gas and other minerals which may be produced through a well bore, and shall have the right to immediate entry to said property. The defendant, or defendants, shall be entitled to receive the amount so paid to the clerk of the court, which shall be disbursed as their interest may appear, pursuant to order of the court.
- (3) Notwithstanding any provisions of subsections (1) and (2) of this section to the contrary, title and immediate possession to real property, including oil, gas and other mineral interests, may be granted under this section to (a) 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, (b) 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 and any facility related to such project, (c) a regional economic development alliance for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(xxi) and any facility related to the project; and (d) any county for the purpose of acquiring or clearing title to real property, property and rights-of-way for a project as defined in Section 57-75-5(f)(xxii).
Codes, 1942, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1986, ch. 465, § 2; Laws, 1988, ch. 447, § 1; Laws, 1991, ch. 573, § 70; Laws, 1994, ch. 310, § 3; Laws, 2000, 3rd Ex Sess, ch. 1, § 12; Laws, 2007, ch. 303, § 29; Laws, 2007, 1st Ex Sess, ch. 1, § 7, eff. 5/11/2007.
Notes of Decisions
Cited in 9
cases, 1988–2011 · leading case: Mississippi Transp. Com'n v. Fires, 693 So. 2d 917 (Miss. 1997).
Mississippi Transp. Com'n v. Fires, 693 So. 2d 917 (Miss. 1997). “On March 23, 1995, the Mississippi Highway Commission, in accordance with Miss. Code Ann. 11-27-85, deposited $35,567.”
State High. Com'n v. Hyman, 592 So. 2d 952 (Miss. 1991). “Miss. Code Ann. § 11-27-85 (Supp. 1990). For some reason the Commission deposited $18,075 with the clerk.”
Hudspeth v. State High. Com'n, 534 So. 2d 210 (Miss. 1988). “The only purpose of the report of the court appointed expert appraiser is to determine the value of the property to determine the amount of money the Highway Department should put on deposit with the clerk of the court pursuant to Miss. Code Ann. § 11-27-85 (Supp. 1988). The…”
Viverette v. High. Com'n of Miss., 656 So. 2d 102 (Miss. 1995). “Miss. Code Ann. § 11-27-85 (1972). Viverette contends that the settlement was for $5000 in additional money and the Commission contends that the $5000 was the gross amount to be paid for the property and the $2800 was to be deducted.”
Mississippi State High. Comm'n v. Herban, 522 So. 2d 210 (Miss. 1988). “From the record it appears that the quick take procedure was utilized, that a substantial sum of money was deposited with the clerk, Miss.Code Ann. § 11-27-85 (Supp. 1987), and that thereafter the case was settled.”
Bishop v. Mississippi Transp. Com'n, 734 So. 2d 218 (Miss. Ct. App. 1999). “Miss.Code Ann. § 11-27-85 (Supp.1998). Under the rights granted by that statute, an order was entered November 20, 1996 conveying the property to the Commission upon payment of 85% of the appraised value of the land.”
Harrison v. Mississippi Transp. Comm'n, 57 So. 3d 622 (Miss. 2011). “Miss.Code Ann. § 11-27-85(2) (Rev.2004) (emphasis added).”
J. Clifford Harrison v. Mississippi Transp. Comm'n (Miss. 2008). “10 Miss. Code Ann. § 11-27-85 (2) (Rev. 2004) (emphasis added).”
Transp. Comm, MS v. Earlie Stancel Fires (Miss. 1995). “On March 23, 1995, the Mississippi Highway Commission, in accordance with Miss. Code Ann. 11-27-85, deposited $35,567.”
Miss. Code Ann. § 11-27-85(2): 1 case
Harrison v. Mississippi Transp. Comm'n, 57 So. 3d 622 (Miss. 2011). “Miss.Code Ann. § 11-27-85(2) (Rev.2004) (emphasis added).”
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