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MS · constitutions

Miss. Const. art. 3, § 17A

Taking private property by eminent domain; transfer to others prohibited for ten (10) years; exceptions

activein force · 2026-09-25 – presentas-observed

No property acquired by the exercise of the power of eminent domain under the laws of the State of Mississippi shall, for a period of ten years after its acquisition, be transferred or any interest therein transferred to any person, non-governmental entity, public-private partnership, corporation, or other business entity with the following exceptions:

(1)

The above provisions shall not apply to drainage and levee facilities and usage, roads and bridges for public conveyance, flood control projects with a levee component, seawalls, dams, toll roads, public airports, public ports, public harbors, public wayports, common carriers or facilities for public utilities and other entities used in the generation, transmission, storage or distribution of telephone, telecommunication, gas carbon dioxide, electricity, water, sewer, natural gas, liquid hydrocarbons or other utility products.

(2)

The above provisions shall not apply where the use of eminent domain (a) removes a public nuisance; (b) removes a structure that is beyond repair or unfit for human habitation or use; (c) is used to acquire abandoned property; or (d) eliminates a direct threat to public health or safety caused by the property in its current condition.

History

SOURCES: Executive Order No. 1074, 2012, eff. January 9, 2012.

Provenance

Source
sos.ms.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
bbafc14e0d5a0f6729fc3d60f4dee5d7eadd2c365678ab4e085c4a3f63095a33
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Miss. Const. art. 3, § 17A — Taking private property… · binding.law