Mississippi Code
Miss. Code Ann. § 65-7-121 (2026)
Abandonment by board of supervisors of any section of county road system; hearing; notice; posting of signs; liability after abandonment; notice to railroad; easements
✓ current as of July 2026
- (1) The board of supervisors of any county may, upon its own motion or upon the petition of any interested resident of the county, by resolution spread upon its minutes, declare any section of the county road system abandoned upon its finding that one or more of the following circumstances are applicable to the section in question:
- (a) The section does not provide primary access to occupied properties;
- (b) Traffic on the section has for a period of at least ten (10) consecutive years been intermittent and of such low volume that no substantial public purpose is being served thereby;
- (c) The board of supervisors has, for a period of at least the previous five (5) consecutive years, not maintained such section as part of the county road system; or
- (d) For any reason, the public interest or convenience does not require the section to remain open to the public or that it is in the public interest or convenience to close, vacate and abandon the section.
- (2) Except as provided in subsection (3) of this section, before any section of the county road system may be abandoned as provided in this section, the board of supervisors shall hold a public hearing on the question of such abandonment and shall publish notice of such hearing at least two (2) times, not less than two (2) weeks prior to the date of the hearing, in a newspaper having general circulation in the county.
- (3) [Repealed].
- (4) The resolution of the board of supervisors abandoning any section of the county road system will abrogate the easement theretofore owned, held, claimed or used by or on behalf of the general public but will not affect any private easements.
- (5) Upon the abandonment of any section of the county road system, the board of supervisors shall post clearly visible signs at any intersection of the abandoned roadway with the county road system indicating that the abandoned section is no longer part of the county road system and is not maintained by the county. Once the required signs are posted, the county shall not be liable for the death of or injury to a vehicle owner, operator or passenger, or for damage to a vehicle or its contents, resulting from a dangerous condition on the abandoned section. If there exists a public railroad grade crossing or railroad bridge on the section of county road so abandoned, the county shall furnish the railroad or individual owning such railroad trackage with a copy of the resolution authorizing the abandonment and thereupon, the railroad company or individual owning such trackage may barricade the crossing or remove the bridge.
- (6) From and after July 1, 2000, any proceedings under this section shall be documented in the official record of the county road system in accordance with the requirements of Section 65-7-4.
Laws, 1986, ch. 313; Laws, 1992, ch. 480, § 1; Laws, 1998, ch. 539, § 3, eff. 7/1/1998.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1992–2024 · leading case: John T. Seyfarth, Jr. v. Adams Cnty. Bd. of Supervisors, 267 So. 3d 767 (Miss. 2019).
John T. Seyfarth, Jr. v. Adams Cnty. Bd. of Supervisors, 267 So. 3d 767 (Miss. 2019). “" Miss. Code Ann. § 65-7-121 (1) (Rev. 2012) (emphasis added).”
Myers v. Blair, 611 So. 2d 969 (Miss. 1992). “§ 19-3-27 (1972); Miss. Code Ann. § 65-7-121 (1972). IV. There is no proof of any public use under a claim of right for the requisite ten year prescription period.”
Paw Paw Island Land Co. v. Issaquena & Warren Counties Land Co., 51 So. 3d 916 (Miss. 2010). “See Miss.Code Ann. § 65-7-121 (Rev. 2005). The chancellor made no such ruling.”
Hood v. Perry Cnty., 821 So. 2d 900 (Miss. Ct. App. 2002). “Miss.Code Ann. § 65-7-121 (Rev.2001). ¶ 9.”
Valley Road Action Comm. v. Lauderdale Cnty. Bd. of Supervisors, 97 So. 3d 1242 (Miss. Ct. App. 2012). “Miss.Code Ann. § 65-7-121(1). In this case, the Board voted to close Valley Road under subsection (d).”
Ann May Enter., Inc. v. Caples, 724 So. 2d 1127 (Miss. Ct. App. 1998). “Miss.Code Ann. § 65-7-121 (Supp.1998). May Enterprises argues that lack of evidence of compliance with this statute compels a finding that the road still maintains its public character.”
Newton Cnty., Mississippi v. Deerfield Estates Subdivision Prop. Owners Ass'n, LLC (Miss. 2024). “” Miss. Code Ann. § 65-7-121 (1)(a)- (d) (Rev.”
Tippah Cnty., Mississippi v. Frank Joseph Lerose (Miss. 2019). “See Miss. Code Ann. § 65-7-121 (2) (Rev. 2012).”
Tippah Cnty., Mississippi v. Frank Joseph Lerose (Miss. 2019). “See Miss. Code Ann. § 65-7-121 (2) (Rev. 2012).”
Lowndes Cnty. Ex Rel. Bd. of Supervisors v. McClanahan, 161 So. 3d 1052 (Miss. 2015). “We also "reverse the circuit court’s judgment, which considered the Board’s October 31 order, and we remand this case for the circuit court to consider, consistent with this opinion, whether the Board’s actions at the February 6 meeting complied with Mississippi Code Section…”
Paw Paw Island Land Co., Inc. v. Issaquena & Warren Counties Land Co., LLC (Miss. 2008). “See Miss. Code Ann. § 65-7-121 (Rev. 2005). The chancellor made no such ruling.”
— Miss. Code Ann. § 65-7-121(1) — 1 case
Valley Road Action Comm. v. Lauderdale Cnty. Bd. of Supervisors, 97 So. 3d 1242 (Miss. Ct. App. 2012). “Miss.Code Ann. § 65-7-121(1). In this case, the Board voted to close Valley Road under subsection (d).”
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