Mississippi Constitution

Article 3, § 17A — Taking private property by eminent

Mississippi Const. art. 3, § 17A

This text of Mississippi Const. art. 3, § 17A (Taking private property by eminent) is published on Counsel Stack Legal Research, covering Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionMississippiDocumentConstitution
Article3
Section§ 17A
CitationMississippi Const. art. 3, § 17A
Bluebook
Miss. Const. art. 3, § 17A.

Full Text

domain; transfer to others prohibited for ten (10) years; exceptions. No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten years after its acquisition, be transferred or any interest therein transferred to any person, non-governmental entity, public-private partnership, corporation, or other business entity with the following exceptions: (1) The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products. (2) The above provisions shall not apply where the use of eminent domain (a) removes a public nuisance; (b) removes a structure that is beyond repair or unfit for human habitation or use; (c) is used to acquire abandoned property; or (d) eliminates a direct threat to public health or safety caused by the property in its current condition.

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History

SOURCES: Executive Order No. 1074, 2012, eff. January 9, 2012. NOTE: During the November 8, 2011, General Election, a citizen- initiated Constitutional amendment, Initiative # 31 - Eminent Domain, was approved by a majority of the electors of Mississippi. The Governor, by Executive Order No. 1074, dated January 9, 2012, directed the Secretary of State to insert Initiative # 31 into the Mississippi Constitution as Article 3, § 17A. Article 15, § 273(10) of the Mississippi Constitution provides that initiatives approved by the electors take effect thirty (30) days from the date of the official declaration of the vote by the Secretary of State. The Secretary of State certified the November 8, 2011, election on December 8, 2011.

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Bluebook (online)
Mississippi Const. art. 3, § 17A, Counsel Stack Legal Research, https://law.counselstack.com/constitution/ms/3/17A.