HK Porter Co., Inc. v. BD. OF SUP'RS OF JACKSON CTY.

324 So. 2d 746, 1975 Miss. LEXIS 1597
CourtMississippi Supreme Court
DecidedDecember 15, 1975
Docket48379
StatusPublished
Cited by11 cases

This text of 324 So. 2d 746 (HK Porter Co., Inc. v. BD. OF SUP'RS OF JACKSON CTY.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
HK Porter Co., Inc. v. BD. OF SUP'RS OF JACKSON CTY., 324 So. 2d 746, 1975 Miss. LEXIS 1597 (Mich. 1975).

Opinion

324 So.2d 746 (1975)

H.K. PORTER COMPANY, INC.
v.
BOARD OF SUPERVISORS OF JACKSON COUNTY et al.

No. 48379.

Supreme Court of Mississippi.

December 15, 1975.

*747 Joe A. Moore, Charles W. Ford, Pascagoula, Ross R. Barnett, Jackson, Jack J. Gilbert, Pittsburgh, Pa., for appellant.

A.F. Summer, Atty. Gen. by Mary Libby Payne, Asst. Atty. Gen., Jackson, Karl Wiesenburg, Carl Megehee, Pascagoula, for appellees.

Before PATTERSON, INZER and WALKER, JJ.

INZER, Justice:

H.K. Porter Co., Inc. brought suit in the Chancery Court of Jackson County against Jackson County, Jackson County Port Authority and the State of Mississippi seeking to confirm its title in fee simple to 204 acres of land lying east and south of the mouth of Bayou Casotte ship channel in Jackson County which had been conveyed to it by Jackson County and the Jackson County Port Authority, together with approximately 100 acres immediately south thereof which it claimed by accretion.

The bill of complaint alleged that Porter had first leased about 404 acres from Jackson County and its port authority on March 1, 1957, and subsequently it acquired fee simple title together with all riparian rights, accretion and accretions by deed from the same parties on November 3, 1961. It was alleged that thereafter Porter had conveyed 204 acres of the property to the north to a third party. It further alleged that approximately 100 acres of land had accreted to the south boundary of the property.

The State of Mississippi answered and denied that Porter had any claim, title and interest in the land claimed by accretion. The state admitted the execution of the lease and deed by Jackson County but denied the validity thereof. By a cross bill *748 the state joined in the cross bill of Jackson County and Jackson County Port Authority and asserted that the land claimed by accretion was public land reclaimed from the Mississippi Sound and asked the court to enter a decree confirming that such land belonged to the State of Mississippi subject to it being granted for public purposes.

Jackson County and Jackson County Port Authority answered and denied Porter's ownership in fee simple of the land described in the bill of complaint, denied the correctness of the description of such land, and denied the deraignment of title except they admitted the execution of the deed. They denied that Porter had any right, title or claim to the land which it claimed by accretion, asserting that it had been reclaimed by dredging operations in the construction of the canal for port purposes. They admitted the execution of the lease and deed and the subsequent conveyance of the north portion to a third party. They averred that Porter had ceased to use the land in question for industrial purposes which violated the express provisions of the deed conveying title to Porter, and that because of such breach, Porter was not entitled to confirm its title, but that Jackson County and the port authority were entitled to reacquire such lands for port purposes. They also averred that the land had been conveyed to Porter for a nominal consideration less than the market value and denied that Porter was entitled to any relief.

By a cross bill, Jackson County and Jackson County Port Authority alleged that the deed conveying title to Porter contained a covenant requiring that such land be used for industrial purposes and the lands now claimed by Porter were not being used for such purposes and such non-use constituted a breach of the covenant and the cross complainants reacquire such land for public purposes upon payment of the reasonable compensation.

Porter answered the cross bill and denied that it had ceased to use the 217 acres for industrial purposes. It admitted that it had sold its plant and the land upon which it was situated to Cochrem Company, but contended that the use of that part of the property by Cochrem constituted a continual use of the property in question for industrial purposes. It denied that the cross complainants had any right to reacquire the property for port purposes because of the provisions of Section 7605-06, Mississippi Code 1942 Annotated, which prohibits cross-complainants from reacquiring the property by eminent domain.

The record in this case showed that in 1954 the legislature authorized Jackson County to issue $2,000,000 in bonds in order to obtain funds to develop Bayou Casotte as a port and industrial area and to purchase land for industrial and port purposes. The county proposed to dredge a deep water channel extending from the mouth of Bayou Casotte several miles to connect with the Pascagoula Canal and to develop a deep water port. In 1955 bonds were issued, and in 1956 Jackson County acquired the land now in question along with other land from J.S. Delmas by purchase in settlement of an eminent domain suit.

In 1956, the Jackson County Port Authority was organized pursuant to the provisions of Chapter 199, of the Regular 1956 Session of the Legislature. This act provided that the counties bordering the Mississippi Sound which had heretofore issued bonds for the purpose of dredging canals could create county port authorities and could acquire lands which could be used for industrial purposes.

On March 1, 1957, Jackson County and Jackson County Port Authority leased to Porter for a period of ninety-nine years, the 404 acres of the land acquired from Delmas. By the terms of this lease the port authority and the county agreed that they would maintain a deep water canal at least 200 feet wide with a minimum depth of 30 feet in Bayou Casotte, would place an earthen dike on the west and south *749 boundary of the land leased, and would fill the land to approximately six feet above sea level with drainage towards the east. As consideration for the lease Porter paid $80,800 and agreed to construct an industrial plant at a cost of at least $1,000,000. The lease contained a clause for reversion in case of default by Porter or the county. The county and the port authority agreed that in the event the legislature authorized them to convey title to the land they would convey the land to Porter for an additional consideration of $1,000.

To dredge the channel, the county had to obtain permission from the U.S. Corps of Engineers. The Corps of Engineers designated certain areas in which the spoils would be deposited. The area nearest the land leased to Porter is the land now claimed by Porter by accretion. The county built the dike as required by the lease and deposited spoils from the canal as required by the lease. After this was done no other spoils were deposited on the land leased to Porter.

In 1961 the legislature by amendment to Chapter 199, Laws of 1956, authorized Jackson County and the Port Authority to convey land by deed. Accordingly, pursuant to the provision in the lease the county executed a deed to Porter for the same land that it had originally leased to it.

Prior to the time the deed was executed, the Army Corps of Engineers took over the maintenance of the canal and it was deepened from 30 to 40 feet. The engineers used the same spoil areas that it had designated, and at the time the deed was executed, an island had been formed from the spoils. This island was separated from the lands conveyed to Porter by several hundred feet. As the dredging continued the island was increased in size. Prior to Hurricane Camille in 1969, this island was still separated from Porter's land. Sometime after the hurricane, the island and the Porter lands became connected.

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Bluebook (online)
324 So. 2d 746, 1975 Miss. LEXIS 1597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hk-porter-co-inc-v-bd-of-suprs-of-jackson-cty-miss-1975.