Mississippi Code
Article 9 - Local Governmental Power Development Under Laws of 1936
§ 77-5-441. Exercise of power of eminent domain by municipality

Any municipality proceeding under the provisions of this article is hereby authorized and empowered to condemn any land, easements or rights of way either on, under or above the ground, for any and all purposes necessary in connection with the construction, operation and maintenance of an electric plant or improvements thereto. Title to property so condemned shall be taken in the name of the municipality. Such condemnation proceedings shall be pursuant to and in accordance with Chapter 27, Title 11, of the Mississippi Code of 1972. Where condemnation proceedings become necessary the judge of the circuit court in which such proceedings are filed shall upon application of the municipality and upon the deposit in the court, for the use of the person or persons lawfully entitled thereto, of such amount as the judge may deem necessary to assure just compensation, order that the right of possession shall issue immediately or as soon and upon such terms as the judge in his discretion may deem proper and just. Upon application of the parties in interest, the judge may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceedings.

Structure Mississippi Code

Mississippi Code

Title 77 - Public Utilities and Carriers

Chapter 5 - Electric Power

Article 9 - Local Governmental Power Development Under Laws of 1936

§ 77-5-401. Short title

§ 77-5-403. Definitions

§ 77-5-405. Powers of municipalities

§ 77-5-407. Issuance of bonds; election resolution and election procedure

§ 77-5-409. Effect of election

§ 77-5-413. Bond provisions

§ 77-5-415. Securing payment of bonds

§ 77-5-417. Rights and remedies of bondholders

§ 77-5-419. Additional rights and remedies of bondholders may be conferred by resolution

§ 77-5-421. Debt limitations are inapplicable

§ 77-5-423. Payment of preliminary expenses

§ 77-5-425. Board of public utilities; appointment and terms of members

§ 77-5-427. Board of public utilities; bond, oath, compensation and removal of members; meetings; election of officers

§ 77-5-429. Supervision and control of the electric plant; supervisory body and electric plant superintendent

§ 77-5-431. Electric plant fund

§ 77-5-433. Disposition of moneys received from the issuance of bonds

§ 77-5-435. Disposition of revenues

§ 77-5-437. Payment for services rendered to municipalities and departments and works thereof

§ 77-5-439. Records and reports of the board of public utilities

§ 77-5-441. Exercise of power of eminent domain by municipality

§ 77-5-443. Use of certain rights of way; payment of indebtedness

§ 77-5-445. Election for disposition of electric plant

§ 77-5-447. Construction of article; article supplemental and additional to existing law