Mississippi Code
Miss. Code Ann. § 77-3-1 (2026)
Application of article to municipal public utilities; application of chapter to eligible homeowners associations in eligible municipalities
✓ current as of July 2026
- (1) Except as otherwise provided in Section 77-3-6, any public utility as defined in paragraph (d) of Section 77-3-3, owned or operated by a municipality shall not be subject to the provisions of this article, except as to extension of utilities greater than one (1) mile outside corporate boundaries after March 29, 1956.
- (2) The provisions of this chapter shall not apply to the distribution of water by an eligible homeowners association only to its residents, irrespective of the subdivision's location inside of an area subject to a Certificate of Public Convenience and Necessity held by an eligible municipality. Additionally, the provisions of this chapter shall not apply to any entity supplying water to an eligible homeowner's association for purposes of supplying water only to its residents. These provisions shall not apply whether an eligible homeowners association elects to provide water to its residents on a full-time basis or opts for an emergency connection to a private water source for use only when water from an eligible municipality is unavailable, unreliable or unsafe.
Codes, 1942, § 7716-01; Laws, 1956, ch. 372, § 1; Laws, 1968, ch 502, § 1; Laws, 1990, ch. 455, § 2, eff. 7/1/1990.
Amended by Laws, 2023, ch. 322, SB 2433,§ 1, eff. 7/1/2023.
Notes of Decisions
Cited in 24
cases, 1973–2017 · leading case: Town of Enter. v. MS Pub. Serv. COM'N, 782 So. 2d 733 (Miss. 2001).
Town of Enter. v. MS Pub. Serv. COM'N, 782 So. 2d 733 (Miss. 2001). “Miss.Code Ann. § 77-3-1 (2000). ¶ 6. Enterprise is a municipal corporation, and operates its own utility system for compensation.”
Cities of Oxford v. Ne Miss Elec. Power Ass'n, 704 So. 2d 59 (Miss. 1997). “The Defendants applied for and received from the Mississippi Public Service Commission certificates of public convenience and necessity to provide electric service to those service areas that they were serving on March 29, 1956, the effective date of the Public Utilities Act of…”
City of Starkville v. 4-Cnty. Elec. Power Ass'n, 909 So. 2d 1094 (Miss. 2005). “372, §§ 1-40 (1956), codified in Miss.Code Ann. §§ 77-3-1, et seq. The 1956 Public Utilities Act empowered the Mississippi Public Service Commission ("MPSC") with the exclusive authority to regulate public utilities in designated noncorporate areas.”
Mississippi Rural Water Ass'n, Inc v. Mississippi Pub. Serv. Comm'n, 222 So. 3d 288 (Miss. 2017). “, Miss. Code Ann. § 77-3-1 (Rev. 2009) (“[A]ny public utility .”
DEDEAUX Util. CO. v. City of Gulfport, 938 So. 2d 838 (Miss. 2006). “A governmental entity which owns and operates a utility is not regulated by the Public Service Commission, see Miss.Code Ann. § 77-3-1 (Rev.2000). Dedeaux argues that the plant's highest and best use was as a non-regulated utility because it would not be under the control of the…”
MISSISSIPPI PSC v. Miss. Power & Light, 593 So. 2d 997 (Miss. 1991). “The MPSC is a public administrative agency with the duty and power to regulate public utilities pursuant to the Mississippi Public Utilities Act, Miss. Code Ann. § 77-3-1 et seq. (Supp. 1990).”
State Ex Rel. Pittman v. Pub. Serv. Com'n, 538 So. 2d 367 (Miss. 1989). “DOES ADOPTION OF RATE PEP EXCEED THE COMMISSION'S STATUTORY AUTHORITY? Miss. Code Ann., § 77-3-5 (1972), provides that the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities subject to the…”
City of Tchula v. Mississippi Pub. Serv. Comm'n, 187 So. 3d 597 (Miss. 2016). “Miss.Code Ann. § 77-3-1 (Rev.2009). ¶ 8. All parties ágree that (1) the cities qualify as public utilities, as does MRG; 2 (2) the cities own their gas-distribution systems, which are operated by MRG; and (3) the cities do npt own or operate MRG.”
Mississippi Pub. Serv. Com'n v. City of Jackson, 328 So. 2d 656 (Miss. 1976). “372, §§ 1-40 (1956), codified in Miss. Code Ann. §§ 77-3-1 to 89 (1972)]? The stated question is one purely of interpretation of Mississippi General Laws, *658 Chapter 372, sections 1-40 (1956).”
Se. Miss. Legal Serv. Corp. v. Miss. Power Co., 605 So. 2d 796 (Miss. 1992). “We held that the Mississippi Public Utility Regulatory Act as it then read, Miss. Code Ann. §§ 77-3-1 , et seq. (1972 and Supp.”
City of Kosciusko v. Miss. Power & Light Co., 370 So. 2d 1339 (Miss. 1979). “The city and its alter ego utility assert certification of MP & L by the Mississippi Public Service Commission cannot obstruct their expansion because municipalities are exempt from the necessity of certification and regulation.”
City of Hernando v. North Mississippi Util. Co., 3 So. 3d 775 (Miss. Ct. App. 2008). “(citing Miss.Code Ann. § 77-3-1 (Rev.2000)). Therefore, the City was not required to obtain a certificate of public convenience and necessity in order to serve water to the annexed area.”
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