All bridges and culverts hereafter built, rebuilt, or placed in the traveled way of any public road in this state shall conform to the design standards in effect at the time of design and shall extend across the full width of the crown of the roadway. On roads having a design width greater than sixteen feet (16'), bridges shall be not less than sixteen feet (16') wide. All bridges hereafter built or rebuilt shall be built with railings or barriers and appropriate hazard marking signs on either side. This section shall not apply to public highways in this state within the area of, or contingent to, any national forest or reforestation project, which have been or may be taken over, constructed, or reconstructed by a department of the national government, may have bridges or culverts the width of said highways, bridges and culverts be less than twelve feet (12') wide.
Codes, 1930, § 6311; Laws, 1942, § 8420; Laws, 1926, ch. 223, 1930, ch. 153; Laws, 1934, ch. 221.
Amended by Laws, 2022, ch. 321, HB 1073,§ 1, eff. 7/1/2022.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1992–2021 · leading case:
Coplin v. Francis, 631 So. 2d 752 (Miss. 1994).
Coplin v. Francis, 631 So. 2d 752 (Miss. 1994).
· cites it 10× “Miss. Code Ann. § 65-21-1 (1972) provides specifically for the width of bridges and requires that they be equipped with guard rails.”
Barr v. Hancock Cnty., 950 So. 2d 254 (Miss. Ct. App. 2007).
· cites it 12× “In opposition to the motion for summary judgment, Barr argued that the replacement of culverts was a ministerial function rather than a discretionary function under Mississippi Code Annotated Section 65-21-1 (Rev.2002). Barr further argued that ministerial functions are imposed…”
Mississippi Dep't of Transp. v. Nosef, 110 So. 3d 317 (Miss. 2013).
· cites it 34× “This section shall not apply to temporary bridges and culverts on detours; and all public highways in this state within the area of, or contingent to, any national reforestation project, which have been or may be taken over, constructed, or reconstructed by this department of…”
Fortune v. Lee Cnty. Bd. of Sup'rs, 725 So. 2d 747 (Miss. 1998).
· cites it 6× “The circuit court denied the County's motion to dismiss, finding that the Board of Supervisors did not enjoy the benefit of sovereign immunity that it claimed. ¶ 2.”
Mohundro v. Alcorn Cnty., 675 So. 2d 848 (Miss. 1996).
· cites it 4× “Miss. Code Ann. § 65-21-1 (1972) sets out the following requirements for the placement of culverts: "All culverts hereafter built, rebuilt, or placed in any public road in this state shall be not less than the full width of the crown of the roadway, and shall have guide or…”
Fisher v. Lauderdale Cnty. Bd. of Supervisors, 7 So. 3d 968 (Miss. Ct. App. 2009).
· cites it 12× “Mississippi Code Annotated section 65-21-1 (Rev.2005) states that “[a]ll culverts hereafter built, rebuilt, or placed in any public road in this state shall be not less than the full width of the crown of the roadway, and shall have guide or warning posts on either side.”
Lee Cnty. Bd. of Sup'rs v. Fortune, 611 So. 2d 927 (Miss. 1992).
· cites it 7× “In its Opinion dated May 31, 1990, the court held that, if Lee County breached a duty placed upon it by Miss. Code Ann. § 65-21-1 , [1] it cannot claim the benefit of sovereign immunity.”
Wesley v. Mississippi Transp. Comm'n, 857 F. Supp. 523 (S.D. Miss. 1994).
· cites it 2× “The Mississippi Supreme Court noted that the reason the trial court denied sovereign immunity to the board of supervisors was because the board breached a duty placed upon it by Miss. Code Ann. § 65-21-1 (1972), a statute dealing with the proper way to build culverts and bridges.”
Margie Gail Fortune v. Lee Cnty Bd of Supvrs (Miss. 1994).
· cites it 6× “The circuit court denied the County's motion to dismiss, finding that the Board of Supervisors did not enjoy the benefit of sovereign immunity that it claimed.”
William C. Mohundro v. Alcorn Cnty MS (Miss. 1992).
· cites it 4× “§65-21-1 (1972) sets out the following requirements for the placement of culverts: "All culverts hereafter built, rebuilt, or placed in any public road in this state shall be not less than the full width of the crown of the roadway, and shall have guide or warning posts on…”
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