Mississippi Code
Chapter 27 - Coastal Wetlands Protection Act
§ 49-27-41. Appeal to chancery court; complaint; return date; cost bond; record; appeal with supersedeas

Such appeal shall be brought by a complaint in writing, stating fully the reasons therefor, signed by an authorized party, and shall be served at least twelve (12) days before the return date upon the commission and upon all parties having an interest adverse to the appellant as designated under subsection (a) of Section 49-27-39. Such appeals shall be brought to the next return day of the court after the filing of such appeal or may be returned to a day set by fiat of the court. A cost bond must be posted with sufficient sureties payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from and to be filed with and approved by the executive director of the commission, who shall forthwith certify the same, together with a certified copy of the transcription record of the proceedings in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas in which case the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor.

Structure Mississippi Code

Mississippi Code

Title 49 - Conservation and Ecology

Chapter 27 - Coastal Wetlands Protection Act

§ 49-27-1. Title and citation of chapter

§ 49-27-3. Public policy declared

§ 49-27-5. Definitions

§ 49-27-6. Marinas; classification

§ 49-27-7. Chapter inapplicable to certain activities, areas and entities; exempt activities, areas and entities to adhere to declared public policy; exempt entities to notify commission of activities

§ 49-27-13. Application; copy may be mailed to parties

§ 49-27-17. Application; notice to parties prior to date set for hearing; effect of failure to comply with section

§ 49-27-19. Application; appearance at hearing by person filing objection; applicant's burden of proof and right to hearing

§ 49-27-21. Public inspection of evidence, applications and related documents; record and transcription of oral testimony

§ 49-27-23. Commission authorized to grant, issue, reissue, modify, deny, suspend, revoke, limit, or condition permits; expressed public policy to be considered in connection with permits; acquisition of permits; resolution of conflicts

§ 49-27-27. Permits to dredge new channels; considerations and restrictions

§ 49-27-29. Conditions or limitations may be imposed on grant or modification of permit

§ 49-27-31. Performance bond may be required

§ 49-27-33. Suspension or revocation of permit after notice and hearing

§ 49-27-35. Findings, reasons and descriptions to be recorded by council

§ 49-27-39. Appeal to chancery court; when council's order to be confirmed

§ 49-27-41. Appeal to chancery court; complaint; return date; cost bond; record; appeal with supersedeas

§ 49-27-43. Appeal to chancery court; service upon commission; certification of record

§ 49-27-45. Appeal to chancery court; when case to be referred back to commission

§ 49-27-47. Appeal to chancery court; precedence; powers of chancellor

§ 49-27-49. Appeal to Supreme Court

§ 49-27-53. Jurisdiction and venue for judicial actions

§ 49-27-55. Civil liability of violators; restoration; punitive damages; mandatory injunction; jurisdiction of circuit or county court; remedies preserved

§ 49-27-57. Fines and penalties

§ 49-27-59. Rules and regulations

§ 49-27-63. Inspections

§ 49-27-65. Evaluation of coastal wetlands; charts; education of public; overall use plan

§ 49-27-67. Exclusion from assessment for ad valorem taxes

§ 49-27-69. Disposition of fees and other sums

§ 49-27-71. Derelict vessel defined; jurisdiction; standing; notice; derelict vessel removal; emergency removal; cost recovery; court process; department authorities