Mississippi Code

Miss. Code Ann. § 65-7-67 (2026)

Review by circuit court

✓ current as of July 2026

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All proceedings of the board of supervisors in laying out, altering, or changing any public road and assessing damages therefor may be reviewed by the circuit court in respect to any matter of law arising on the face of the proceedings; and on the question of damages the cause may be tried anew, and the damages may be assessed by a jury if the owners of the land so desire. The board of supervisors shall grant appeals for that purpose, when prayed for, on the appellant giving bond for the costs in such penalty as the board may require, not exceeding Two Hundred Dollars ($200.00), payable to the county; and such bond shall have the same effect and be subject to the same proceedings as appeal bonds in other cases. Any person interested and a taxpayer may appeal in like manner and with like effect from the action of the board in assessing, allowing, or disallowing damages in opening or changing a road. If the road laid out or changed is a part of a federal aid project, such appeal to, and such review by, the circuit court shall be without supersedeas and only after the assessment of damages herein provided; on such appeal and review, all of the proceedings involving the taking of land for a public road and assessing damages therefor, and otherwise, shall be before the circuit court for consideration on such review and appeal. If the road laid out or changed is a part of a federal aid project, after the board of supervisors has confirmed the report of the committee examining and viewing the contemplated route of a road and finding the same practicable, such road may be opened, worked, constructed, and used, and such opening, working, constructing, and using of said road shall not be stopped or held up by appeal, by writ of supersedeas, writ of certiorari, direct appeal, other method of appeal, review, by writ of prohibition, or otherwise after the board of supervisors has entered an order on its minutes to the effect that the county shall be liable to the landowner for all damages sustained by such laying out, working, and construction of such road and the taking of the land therefor; and the board of supervisors shall have actually deposited the amount assessed as damages with the clerk of the circuit court, subject to the order of the landowner.

Codes, 1857, ch. 15, art. 9; 1871, § 2342; 1880, § 830; 1892, § 3896; 1906, § 4405; Hemingway's 1917, § 7085; 1930, § 6345; 1942, § 8319; Laws, 1928, ch. 155.

Notes of Decisions

Cited in 2 cases, 1991–1994 · leading case: Lenoir v. Madison Cnty., 641 So. 2d 1124 (Miss. 1994).

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Lenoir v. Madison Cnty., 641 So. 2d 1124 (Miss. 1994). · cites it 8× “§ 11-51-75 (1972), but under Miss. Code Ann. § 65-7-67 (1972), and therefore, the general statute does not apply.”

McIntosh v. Amacker, 592 So. 2d 525 (Miss. 1991). · cites it 5× “Review by the circuit court is governed in part by Miss. Code Ann. § 65-7-67 (1972) which provides in part as follows: All proceedings of the board of supervisors in laying out, altering or changing any public road and assessing damages therefor may be reviewed by the circuit…”

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.