Mississippi Code
Chapter 17 - State Inland Ports
§ 59-17-33. Acquisition of rights of way, land and property by board generally; restriction on power of eminent domain

For the acquiring of rights-of-way, land and property, including existing easements, restrictive covenants and reversionary estates necessary for the purpose herein authorized, the board shall have the right and power to acquire the same by purchase, negotiation or condemnation, and, should it elect to exercise the right of eminent domain, it may proceed in the manner provided by the general laws of the State of Mississippi for procedure by any county, municipality or corporation organized under the laws of this state, or in any other manner provided by law. The power of eminent domain shall apply not only as to all property of private persons or corporations, but also as to property already devoted to public use, including leaseholds, excepting interests in property owned by levee boards, drainage districts, or other flood control agencies. However, the board shall have no authority to acquire without the consent of the owner thereof any property operated and used for port, harbor or industrial purposes or such purposes as the board is authorized to acquire and use property for, unless an actual necessity therefor be alleged and proven. The board is authorized to accept donations of lands, rights therein, moneys and materials required for the maintenance or development of any port or harbor. The board may exchange any property or properties acquired under the authority of this chapter for other property or properties usable in carrying out the powers hereby conferred, and also remove from lands needed for its purposes and reconstruct on other locations, buildings, utilities, terminals, railroads or other structures upon the payment of just compensation, if it is necessary so to do, in order to carry out any of its plans for port development. The title to all land or property acquired under the authority of this chapter shall vest in the State of Mississippi. Nothing contained in this section shall be construed to authorize the taking by eminent domain of any private property except for necessary public use, said right of eminent domain to be limited to the acquisition of railroad rights-of-way, road rights-of-way and land for industrial use only.

Structure Mississippi Code

Mississippi Code

Title 59 - Ports, Harbors, Landings and Watercraft

Chapter 17 - State Inland Ports

§ 59-17-1. Short title; "board" defined

§ 59-17-3. Declaration of public policy

§ 59-17-7. Functions of board and inland port as essential governmental functions

§ 59-17-9. Duty of board to implement public policy; construction of rights, powers and duties of board

§ 59-17-11. Condition precedent to board action

§ 59-17-15. Acceptance of grants and contributions by board

§ 59-17-17. Appraisal of plan for project; agreement between board and county or agency proposing project

§ 59-17-19. Tax levy by counties for payment of bonds

§ 59-17-21. Contract with master water management district to underwrite financial obligations for project

§ 59-17-23. Operation of port or harbor by state inland port authority; composition of authority; appointment and terms of office of members

§ 59-17-25. Organization of state inland port authority; oath and bond of members

§ 59-17-27. State inland port fund; board may contract for joint activities or employment of personnel

§ 59-17-29. Setting aside or leasing of lands and facilities by board

§ 59-17-31. Authority of board or inland port authority to employ personnel, make contracts and purchases, and sue and be sued

§ 59-17-33. Acquisition of rights of way, land and property by board generally; restriction on power of eminent domain

§ 59-17-35. State bonds; issuance, terms, and conditions generally

§ 59-17-37. State bonds; negotiability; exemption from taxation

§ 59-17-39. State bonds; proceedings for issuance; validation

§ 59-17-41. State bonds; payment of principal and interest; limitation on amount issued

§ 59-17-43. State bonds; manner and price of sale

§ 59-17-45. State bonds; disposition of proceeds from sale

§ 59-17-47. Withdrawals from special fund for payment of bonds

§ 59-17-49. Disposition of net revenues, rents, and earnings from port or harbor

§ 59-17-51. Pledge of revenues, rents and earnings to payment of bonds; sinking fund

§ 59-17-53. Refunding bonds

§ 59-17-55. Bonds as legal investments and security for deposits

§ 59-17-57. Representation of state bond commission by attorney general