{"data":{"id":"us-ms/miss.-code-ann.-11-27-81","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 11-27-81","heading":"Miss. Code Ann. § 11-27-81","body":"The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972 , may be exercised only:\n\n(a) By the State Highway Commission for the acquisition of highway rights-of-way only;\n\n(b) By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;\n\n(c) By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;\n\n(d) By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;\n\n(e) By any county, municipality or county utility authority created under the Mississippi Gulf Region Utility Act, Section 49-17-701 et seq. , for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; provided, however, that such acquisition shall not displace a property owner from his dwelling or place of business. A county utility authority should prioritize utilizing easements within ten (10) feet of an existing right-of-way when economically feasible. A county utility authority may not exercise the right to immediate possession under this paragraph after July 1, 2013. Provisions of this paragraph (e) shall not apply to House District 109;\n\n(f) By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;\n\n(g) By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv) 1 or any facility related to the project as provided in Section 57-75-11(e)(ii) ;\n\n(h) By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92 ;\n\n(i) By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv) . The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (i) after July 1, 2003;\n\n(j) By a regional economic development alliance created under Section 57-64-1 et seq. , for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi) . An alliance may not exercise the right to immediate possession under this paragraph (j) after July 1, 2012;\nlliance created under Section 57-64-1 et seq. , for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi) . An alliance may not exercise the right to immediate possession under this paragraph (j) after July 1, 2012;\n\n(k) By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii) . A county may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012; or\n\n( l ) By any public agency, as defined in Section 57-75-37(7)(a)(ii) , for the purpose of acquiring land, property or interests therein, including, but not limited to, easements or rights-of-way for public highways and roads, and for public water utilities, public wastewater and wastewater treatment utilities, public drainage utilities and other public utility purposes in connection with a project defined in Section 57-75-5(f) (xxxiii).","path":["MS Code","Title 11"],"source_url":"https://legislature.ms.gov/","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:17Z","sha256":"e43a7ce9ce930cac346f9f555a741ebfb6d82ecf58e0494544b333c813e92160","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-11-27-7","next":"us-ms/miss.-code-ann.-11-27-83"},"notice":"GroundRules: Original legal text. Not legal advice."}