Mississippi Code
Miss. Code Ann. § 65-1-309 (2026)
Procedure for filing an answer to complaint
✓ current as of July 2026
- (1) Any person whose property has been taken by the Transportation Department by the filing of a complaint and a declaration of taking may, within the time hereinafter set forth, file an answer to the complaint praying only for a determination of just compensation. No answer shall be filed to the declaration of taking and notice of deposit. The answer, in addition, shall contain the following:
- (a) Such admissions or denials of the allegations of the complaint as are appropriate;
- (b) The names and addresses of the persons filing the answer, together with a statement as to their interest in the property taken; and
- (c) Such affirmative defenses or matters as are pertinent to the action.
- (2) A copy of the answer shall be served on the Transportation Department, or such other process agents as may be designated by the department, in Jackson, Mississippi, provided that failure to serve the answer shall not deprive the answer of its validity. The affirmative allegation of the answer shall be deemed denied; however, the Transportation Department may file a reply within thirty (30) days from receipt of a copy of the answer.
- (3) The Transportation Department, within ninety (90) days from the receipt of the answer, shall file in the cause a plat of the land taken and such additional area as may be necessary to properly determine the damages, and a copy thereof shall be mailed to the parties or their attorney; however, the department shall not be required to file a map or plat in less than six (6) months from the date of the filing of the complaint.
Laws, 1997, ch. 439, § 5, eff. 7/1/1997.
Notes of Decisions
Cited in 2
cases, 1997–1999 · 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). “" Miss. Code Ann. § 65-1-309 (Supp.1998). Thus, Lemon asserts that Section 65-1-309 does not provide the plenary authority as MTC contends.”
Fred L. Lemon v. Mississippi Transp. Comm'n (Miss. 1997). “" Miss. Code Ann. § 65-1-309 (Supp. 1998). Thus, Lemon asserts that Section 65-1-309 does not provide the plenary authority as MTC contends.”
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.