Mississippi Code

Miss. Code Ann. § 43-37-9 (2026)

Reimbursement of expenses in cases of inverse condemnation

✓ current as of July 2026
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Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of his property in any program or project in which federal and/or federal-aid funds are used, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the state's attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the state's attorney, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.

Codes, 1942, § 2749-54; Laws, 1972, ch. 525, § 4, eff. 7/1/1972.


Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1979–2022 · leading case: Bay Point Props., Inc. v. Mississippi Transp. Comm'n, 201 So. 3d 1046 (Miss. 2016).
Bay Point Props., Inc. v. Mississippi Transp. Comm'n, 201 So. 3d 1046 (Miss. 2016). · cites it 20× “However, the trial court failed to follow Section 43-37-9’s mandate to “determine and award or allow .”
State of Mississippi v. Kenneth F. Murphy, 202 So. 3d 1243 (Miss. 2016). · cites it 18× “” Miss. Code Ann. § 43-37-9 (Rev. 2015). And as the trial court found, “the State claimed the' property and asserted control over it, leasing it to the City to construct a harbor, and the jury found that this property belonged to the Murphys.”
City of Gulfport v. Anderson, 554 So. 2d 873 (Miss. 1989). · cites it 6× “3, § 17 (1890), and expenses, Miss. Code Ann. § 43-37-9 (1972). A jury trial commenced on the 18th of September, 1986.”
Urban Developers LLC v. City of Jackson MS, 468 F.3d 281 (5th Cir. 2006). “See also Miss.Code Ann. § 43-37-9 (2001) (providing costs and attorneys’ fees to successful plaintiffs in inverse-condemnation actions).”
City of Laurel v. Powers, 366 So. 2d 1079 (Miss. 1979). · cites it 2× “We also affirm the allowance of $3,000 attorneys' fees as authorized by section 43-37-9 Mississippi Code Annotated (Supp.”
City of Gulfport, Mississippi v. Cowan Road & Hwy 90, LLC & Priorityone Bank (Miss. 2022). · cites it 26× “5 Miss. Code Ann. § 43-37-9 (Rev. 2021). ¶12.”
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