Any person or corporation having the right to condemn private property for public use shall file a complaint to condemn with the circuit clerk of the county in which the affected property, or some part thereof, is situated and shall make all the owners of the affected property involved, and any mortgagee, trustee or other person having any interest therein or lien thereon a defendant thereto. The complaint shall be considered a matter of public interest and shall be a preference case over other cases except other preference causes. The complaint shall describe in detail the property sought to be condemned, shall state with certainty the right to condemn, and shall identify the interest or claim of each defendant.
Miss. Code Ann. § 11-27-5
Complaint to condemn; parties; preference
Applied in 11 court decisions — leading case 508 So. 2d 1099 - State Highway Com'n of Miss. v. Havard (1987)
Most recently applied in 63 So. 3d 514 - DEDEAUX UTILITY CO. v. City of Gulfport (April 2011)
Codes, 1942, § 2749-03; Laws, 1971, ch. 520, § 3; Laws, 1991, ch. 573, § 61, eff from and after July 1, 1991.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.