Mississippi Code

Miss. Code Ann. § 65-7-7 (2026)

Road not to be obstructed

✓ current as of July 2026

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If any person shall fell any bush or tree and leave any portion thereof in any stream or on any public highway, road, or ditch draining the roadway or obstruct the same in any manner whatever, and not immediately remove the obstruction, the overseer of the road shall remove the same, and the person so felling the tree or bush, or otherwise obstructing the road or water shall forfeit and pay all expenses of removing the same, to be recovered before any justice of the peace of the county, in the name of the county. It is the duty of the overseer to cause suit to be commenced therefor, and such person shall be liable for all damages occasioned to another by the obstruction. However, no cattle gap placed on a county road, subject to overflow by the Mississippi River and not protected by levees, shall be considered an obstruction in the public road if such cattle gap is installed with the permission of the board of supervisors and the person installing same also provides a gate adjacent to the road for the passage of stock.

Any violation of this section shall also, upon conviction, be punishable as provided under Section 99-19-31.

Codes, Hutchinson's 1848, ch. 10, art. 7 (32); 1857, ch. 15, art. 24; 1871, § 2361; 1880, § 855; 1892, § 3889; 1906, § 4396; Hemingway's 1917, § 7076; 1930, § 6315; 1942, § 8289; Laws, 1962, ch. 451; Laws, 1972, ch. 473, § 1, eff. 5/8/1972.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1976–2025 · leading case: Aubrey L. Hart & Judy D. Hart, Cross-Appellants v. Dudley Walker, Cross-Appellee, 720 F.2d 1436 (5th Cir. 1983).

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Aubrey L. Hart & Judy D. Hart, Cross-Appellants v. Dudley Walker, Cross-Appellee, 720 F.2d 1436 (5th Cir. 1983). “Miss. Code Ann. § 65-7-7 (1982 Supp.) provides: If any person shall fell any bush or tree and leave any portion thereof in any stream or on any public highway, road, or ditch draining the roadway or obstruct the same in any manner whatever, and not immediately remove the…”

Owens v. Int'l Paper Co., 528 F.2d 606 (5th Cir. 1976). “§ 77 — 9—249 (1972) requires this case to be submitted to the jury to determine negligence and contributory negligence; (3) Miss. Code Ann. § 65-7-7 (1972) requires the defendant to prove its authority to construct the spur track across a public roadway; and (4) a prima facie…”

Bryant v. Bd. of Supervisors of Rankin Cty., 10 So. 3d 919 (Miss. Ct. App. 2008). “” Miss.Code Ann. § 65-7-7. However, *923 the obstruction must prevent passage on the road for this section to be applicable.”

Hawkins v. Smith Cnty., 954 So. 2d 526 (Miss. Ct. App. 2007). “Miss. Code Ann. § 65-7-7 (Rev.2005). II. Whether the County exceeded the boundaries of the public road ¶ 13.”

Corr Props., LLC v. City of Oxford, Mississippi (Miss. Ct. App. 2025). “See Miss. Code Ann. § 65-7-7 (Rev. 2021). 4 The neighborhood homeowners’ association did not comment or participate in any of the proceedings.”

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