55-5-5 - Conveyances by counties of rights-of-way and easements for construction of roadways and parkways by federal government; eminent domain; powers of federal government as to national roadways or
§ 55-5-5. Conveyances by counties of rights-of-way and easements for construction of roadways and parkways by federal government; eminent domain; powers of federal government as to national roadways or parkways generally.
The board of supervisors of any county within the State of Mississippi through which or adjoining which the United States government or any of its agencies desires to construct a roadway or a roadway and parkway in connection therewith, shall have full power to donate such rights of way, together with scenic easements of such additional lands as may be required by the United States government, for the purpose of constructing such roadway or roadway and parkway. Any and all counties in the State of Mississippi are authorized to receive by donation, gift, will or purchase with county funds, any and all necessary lands, rights of way or scenic easements, and after the acquisition of such lands, rights of way or scenic easements may, by resolution or deed or other authorization of the board of supervisors of such county, convey same to the United States or to such subordinate agency of the United States as may be required for the establishment of such roadway or roadway and parkway.
The board of supervisors of any county in the State of Mississippi is hereby expressly vested with the power of eminent domain to condemn for public use as a public park and for scenic easement all lands adjoining such public park or parkway and for road or roadways and to acquire title to all or any part of the lands which such board of supervisors may deem necessary for the purposes of complying with the requirements of the United States government in the establishment of any national roadway or roadway and parkway through the State of Mississippi. Such right of condemnation shall include the right to condemn houses, outbuildings, orchards, yards, gardens and other improvements on such lands. Said board of supervisors is authorized to acquire all or any right, title or interest in and to all or any part of such lands and the improvements thereon by the right of eminent domain in condemnation proceedings or by gift, devise, purchase or any other lawful means for the transfer of title. Such condemnation proceedings shall be carried out and executed as are condemnation proceedings by the highway department of the State of Mississippi as authorized under the laws of the State of Mississippi.
The United States government, or any of its subsidiary agencies, shall have complete control and supervision, severally or in connection with any county or counties in the State of Mississippi or with the highway department of the State of Mississippi, with full power and authority to locate, relocate, widen, alter, change, straighten, construct or reconstruct roads or rights of way, parkways or lands covered by scenic easements on any federal parkway, highway or trace being constructed by the United States government or any of its subsidiary subdivisions or severally or jointly with any county or counties in the State of Mississippi or with the state highway department of the State of Mississippi and shall have full and complete authority for the making of all contracts, surveys, plans and specifications and estimates for the location, laying out, widening, straightening, altering, changing, constructing, reconstructing and maintaining and securing rights of way therefor of any and all such highways, parkways, and scenic easements and shall further have the right to authorize its employees and agents to enter upon property for such purposes. The said United States government severally and any county or counties in the State of Mississippi and the said highway department, either jointly or severally, is further authorized and empowered to obtain and pay for rights of way to such width and extent as may be necessary to meet the requirement of the United States government for the construction and building of new parkway or roadway or scenic highway in the State of Mississippi. Such political authorities, either jointly or severally shall have the right to condemn or acquire by gift or purchase lands necessary for the building and maintenance of said roadway, parkway or trace.
In event that said political authority or authorities so acting, either jointly or severally, shall be unable to agree with the owners of land necessary for widening any existing public highways which shall be used as a part of said national roadway or parkway or for the building of said roadway or parkway or for the laying out of any public highway or parkway in connection therewith or changing the route of an existing public highway, then the said political authority or authorities, either jointly or severally, aforesaid, shall be authorized to condemn any land needed for any of said purposes. The proceedings to acquire such lands by condemnation shall be in conformity with the statute on the subject of eminent domain under the laws of the State of Mississippi, the power of eminent domain being hereby expressly conferred upon said political subdivision or authorities for that purpose.
Such proceedings shall take precedence over all other causes not involving the public interest in all courts and shall be given preference to the end that construction and reconstructions of highways and parkways may not be unreasonably delayed, but the same may be fully expedited. The amount of such compensation and damages, if any, awarded to the owner in such proceedings shall be paid by the respective counties in which the lands obtained for such highway or parkway may be located unless funds are otherwise provided by the State of Mississippi for the acquisition of such lands.
Sources: Codes, 1942, §§ 5964, 5965; Laws, 1935, ch. 52.