24 & 25 Legal - Laserfiche WebLink

Home Browse Search

suit, and the landowner is notified at least sixty days before the time fixed for trial. The proceedings are tried before the court without a jury; however, a party has a right tc) a jury trial to determine compensation. If the trial judge decides in favor of the condemnar, a jury is impaneled within thirty days to decide the rneasure of compensation. The condemnor then presents its evidence of value, followed by the landowner. After evidence is presented from both sides, the court renders judgment against the condemnor in the amount of compensation determined to be due the landowner. If the righ# of the condemnor to expropriate the property or rights is challenged, the court also decides this issue. After a final judgment, a landowner may appeal the judgment within sixfy days from the signing of the judgment. The condemnor is not en#itled to possession or ownership until a final judgment has been rendered and payment has been made to the landowner or paid into the registry of the court. Eminent Domain Law in Missis5lppl Chapter 11, Title 27, of the Mississippi Code governs condemnation proceedings in the State of Mississippi. Condemnafion proceedings are brought in the Special Court of Eminent Domain, which is the County Court in counties that have a County Court or the Circui# Court in counties that do not. The only issue at trial in a condemnation proceeding is the amount of due compensation a condemning authority has to pay a landowner in whose property an interest is taken. Prior to trial, a landowner may challenge the condemning authority's exercise of the power of eminent domain. Both the United States and Mississippi Gonstitutions govern the property righfs of landowners. The Mississippi Constitution states that land may not be taken or damaged for public use wi#hout paying due compensation. The state legislature grants governmentaf and private bodies the pawer of eminent domain. The court determines whether the proposed use is a public use. Landowners may challenge, (1) whether the commending authority has been granted the power of eminent domain, (2) whether the proposed use is a public use, and (3) whether the taking is required by public necessify. Once the triaf has occurred, and the jury has determined the amount of due compensation, the condemning authority may take title to the property upon paying the landowner the arnount of the judgmenf. Because the condemning authority is not able to take #itle to the property without paying due compensation, neither the condemning authority's payment of the judgment, nor the landowner's acceptance of the money, act as a waiver of the right to appeal. If an appeai is pursued after the judgment is entered, it will be only for the amaunt of compensation awarded. Eminent Domain Law in Texas Chapter 21 of the Texas Property Code govems condemnation praceedings in the State of Texas. A condemnation proceeding is a two-parf process, involving an initial administrative proceeding and, if necessary, a judicial proceeding. Before initiating a condemnation proceeding, a condemnor must make an aftempt to agree with the landowner regarding the amount of compensation due for the property rights being acquired. This obligation is generally satisfied if the condemnor makes a single bona fide offer that it in good faith believes is the amount of cornpensafion due and the landowner rejects the offer. The administrative phase begins when the condemnor files a condemnation petition in the Counfy Court at Law or District Court of the proper county. Once a petition is filed, the trial court appoints three special commissioners to assess the value of the property rights being acquired. After taking their aath, the special commissioners schedule an administrative hearing to deterrnine the amount of compensation due for the property being condemned. A landowner is enfitled to notice of the fime and place of the hearing and may choose not to attend. -6- . 000262