If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of compensation as determined upon final disposition of the case is in excess of the amount of the deposit, the plaintiff shall pay interest to the owner at the rate of eight percent (8%) per annum upon the amount of such excess from the date of the filing of the complaint until payment is actually made. If the plaintiff takes title to and possession of the land condemned pursuant to the order of the court and the amount of the compensation as determined upon final disposition of the case is less than the amount of the deposit, the plaintiff shall be entitled to a personal judgment against the owner for the amount of the difference.
Miss. Code Ann. § 11-27-87
Effect of insufficiency or excess of deposit
Applied in 2 court decisions — leading case 734 So. 2d 218 - Bishop v. Mississippi Transp. Com'n (1999)
Most recently applied in 57 So. 3d 622 - Harrison v. Mississippi Transportation Commission (March 2011)
Codes, 1972, § 2749-04.5; Laws, 1972, ch. 489, § 1; Laws, 1988, ch. 447, § 2; Laws, 1991, ch. 573, § 71, eff from and after July 1, 1991.
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.