Mississippi Code
Miss. Code Ann. § 65-1-65 (2026)
Maintenance
✓ current as of July 2026
It shall be the duty of the State Highway Commission to have the State Highway Department maintain all highways which have been or which may be hereafter taken over by the State Highway Department for maintenance in such a way as to afford convenient, comfortable, and economic use thereof by the public at all times. To this end it shall be the duty of the director, subject to the rules, regulations and orders of the commission as spread on its minutes, to organize an adequate and continuous patrol for the maintenance, repair, and inspection of all of the state-maintained state highway system, so that said highways may be kept under proper maintenance and repair at all times.
Codes, 1930, § 4999; 1942, § 8027; Laws, 1930, ch. 47; Laws, 1938, ch. 199; Laws, 1948, ch. 332, § 10 (first paragraph); Laws, 1949, Ex. Sess. ch. 6, § 14; Laws, 1981, ch. 464, § 12, eff. 7/1/1981.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 2001–2021 · leading case: Little v. Mississippi Dep't of Transp., 129 So. 3d 132 (Miss. 2013).
Little v. Mississippi Dep't of Transp., 129 So. 3d 132 (Miss. 2013). “Miss.Code Ann. § 65-1-65 (Rev.2012). 1 Little claims that the Court of Appeals *136 erroneously applied principles pertaining to “road maintenance” to the question at issue, which is one of “right-of-way maintenance.”
Mississippi Transp. Comm'n v. Dominique Adams, D, 197 So. 3d 406 (Miss. 2016). “” Miss. Code Ann. § 65-1-65 . This Court held in Little v.”
Mississippi Dept. of Transp. v. Cargile, 847 So. 2d 258 (Miss. 2003). “Cargile cites Miss.Code Ann. § 65-1-65 (Rev.2001) as providing the ministerial duty of the maintenance of state highways: It shall be the duty of the State Highway Commission to have the State Highway Department maintain all highways which have been or which may be hereafter…”
Mississippi Transp. Comm'n v. Montgomery, 80 So. 3d 789 (Miss. 2012). “See Miss.Code Ann. 65-1-65 (Rev.2005). Were this the only statutory provision at issue, we would find that the Commission is not immune for the acts carrying out that function.”
Fairley v. George Cnty., 871 So. 2d 713 (Miss. 2004). “Cargile cites Miss.Code Ann. § 65-1-65 (Rev.2001) as providing the ministerial duty of the maintenance of state highways: It shall be the duty of the State Highway Commission to have the State Highway Department maintain all highways which have been or which may be hereafter…”
Knight v. Mississippi Transp. Comm'n, 10 So. 3d 962 (Miss. Ct. App. 2009). “See Miss.Code Ann. § 65-1-65; cf., S.W., 974 So.”
Lee v. Mississippi Dep't of Transp., 37 So. 3d 73 (Miss. Ct. App. 2009). “It is also clear that it is the duty of the State Highway Commission to have the State Highway Department maintain all highways which have been taken over by the State Highway Department for maintenance.”
Natchez-Adams Sch. Dist. v. Tina Bruce, 168 So. 3d 1181 (Miss. Ct. App. 2015). “Miss. Code Ann. § 65-1-65 (Rev. 2012). The supreme court held that because the Department had a statutory duty “to maintain and repair state highways, that duty – and all acts in furtherance of that duty – are ministerial unless .”
William T. Brantley v. City of Horn Lake, Mississippi, 152 So. 3d 1106 (Miss. 2014). ““Because Section 65-1-65 requires the Department to maintain and repair state highways, that duty–and all acts in furtherance of that duty–are ministerial unless, as in Montgomery, another statute makes a particular act 2 See Miss. Code Ann. § 65-1-65 (Rev. 2012) (“It shall be…”
Floyd K. Little v. Mississippi Dep't of Transp. (Miss. 2009). “Miss. Code Ann. § 65-1-65 (Rev. 2012).1 Little claims that the Court of Appeals erroneously applied principles pertaining to “road maintenance” to the question at issue, which is one of “right-of-way maintenance.”
Marty Calhoun, Linda V. Calhoun, Ronald Holland & Janan J. Holland v. Mississippi Transp. Comm'n & Mississippi Dep't of Transp. (Miss. Ct. App. 2021). “” Miss. Code Ann. § 65-1-65 (Rev. 2012). “Because Section 65-1-65 requires [MDOT] to maintain and repair state highways, that duty—and all acts in furtherance of that duty—are ministerial unless .”
Mississippi Dep't of Transp. v. Kenneth Michael Cargile (Miss. 2001). “Cargile cites Miss. Code Ann. § 65-1-65 (Rev. 2001) as providing the ministerial duty of the maintenance of state highways: It shall be the duty of the State Highway Commission to have the State Highway Department maintain all highways which have been or which may be hereafter…”
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