When any person shall desire to have a private road laid out through the land of another, when necessary for ingress and egress, he shall apply by petition, stating the facts and reasons, to the special court of eminent domain created under Section 11-27-3 of the county where the land or part of it is located, and the case shall proceed as nearly as possible as provided in Title 11, Chapter 27 for the condemnation of private property for public use. The court sitting without a jury shall determine the reasonableness of the application. The owner of the property shall be a necessary party to the proceedings. If the court finds in favor of the petitioner, all damages that the jury determines the landowner should be compensated for shall be assessed against and shall be paid by the person applying for the private road, and he shall pay all the costs and expenses incurred in the proceedings.
Codes, 1880, § 832; 1892, § 3901; 1906, § 4411; Hemingway's 1917, § 7091; 1930, § 6468; 1942, § 8419; Laws, 1920, ch. 259; Laws, 2003, ch. 535, § 1, eff. 4/20/2003.
Notes of Decisions
Cited in
25
cases, 1988–2018 · leading case:
Martin v. Lowery, 912 So. 2d 461 (Miss. 2005).
Martin v. Lowery, 912 So. 2d 461 (Miss. 2005).
· cites it 7× “The Chancery Court of Tishomingo County denied Martin's motion to dismiss Azzie Lee Martin and Southward and retained jurisdiction contrary to Martin's motion to dismiss for lack of subject matter jurisdiction pursuant to Miss.Code Ann. § 65-7-201 (Supp.2004). ¶ 2.”
Broadhead v. Terpening, 611 So. 2d 949 (Miss. 1992).
· cites it 7× “See Miss. Code Ann. § 65-7-201 (1972). It is not consistent with a claim for an easement implied by the grant of landlocked property because such an easement is by implication supported by the consideration paid for the original grant.”
Curtis Ray McCarty, Jr. v. Arthur Wood, III, 249 So. 3d 425 (Miss. Ct. App. 2018).
· cites it 3× “" 4 Miss. Code Ann. § 65-7-201 . "The court sitting without a jury shall determine the reasonableness of the application," and if the court finds that the application is reasonable, a jury must determine the amount of compensation due to the owner of the property through which…”
Alpaugh v. Moore, 568 So. 2d 291 (Miss. 1990).
· cites it 4× “After a trial on the merits, the lower court granted the Moores *293 an easement by necessity over and across the Alpaugh property and also found that an action to establish a private right of way under Miss. Code Ann. § 65-7-201 was available to the Moores.”
Ganier v. Mansour, 766 So. 2d 3 (Miss. Ct. App. 2000).
· cites it 6× “Miss.Code Ann. § 65-7-201 (Rev.1991) allows the owner of land-locked land to petition the board of supervisors if he desires to have a private road laid out through someone else's land when necessary for ingress and egress.”
Rowell v. Turnage, 618 So. 2d 81 (Miss. 1993).
· cites it 3× “Rowell appeals raising three issues, only two of which are proper for our discussion: [1] (1) Where one has been granted a private road across the land of another by the Board of Supervisors pursuant to Miss. Code Ann. § 65-7-201 (1972), can the owner of the servient estate…”
Delahanty v. Commonwealth, 558 S.W.3d 489 (Ky. Ct. App. 2018).
“2005) ("Again, we hold that because neither party raised this issue, nor was notice provided in advance to the Attorney General, and the chancellor sua sponte declared the statute unconstitutional, the chancellor exceeded his authority in holding that Miss.Code Ann. § 65-7-201…”
Cheryl L. High v. Todd Kuhn, 191 So. 3d 113 (Miss. 2016).
· cites it 4× “2004) (establishing the special court of eminent domain); Miss. Code Ann. § 65-7-201 (establishing the right to a private road across another’s property).”
McIntosh v. Amacker, 592 So. 2d 525 (Miss. 1991).
· cites it 2× “, and William Robert Amacker (Amacker), land-locked landowners, petitioned the Pearl River County Board of Supervisors pursuant to Miss. Code Ann. § 65-7-201 (1972) for a private right-of-way for necessary ingress and egress across the land of David R.”
Bivens v. Mobley, 724 So. 2d 458 (Miss. Ct. App. 1998).
· cites it 2× “" Miss.Code Ann. § 65-7-201 (Rev.1991). The appellate issues were whether the right-ofway Rowell acquired would prevent the owner of the servient estate from placing gates across the property, and whether the rightof-way could be used to lay a water-line.”
Johnson v. Hinds Cnty., 524 So. 2d 947 (Miss. 1988).
“Further, Johnson had legal means via statutory authority ( Miss. Code Ann. § 65-7-201 (1972)) to obtain a right-of-way across the Scott property.”
Mississippi Power Co. v. Fairchild, 791 So. 2d 262 (Miss. Ct. App. 2001).
· cites it 2× “See Miss.Code Ann. § 65-7-201. Fairchild claims he has offered to buy the property from MPC, but that is immaterial to the issue at hand.”
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.