When any person shall desire to have a private road laid out through the land of another, when necessary for ingress and egress, he shall apply by petition, stating the facts and reasons, to the special court of eminent domain created under Section 11-27-3 of the county where the land or part of it is located, and the case shall proceed as nearly as possible as provided in Title 11, Chapter 27 for the condemnation of private property for public use. The court sitting without a jury shall determine the reasonableness of the application. The owner of the property shall be a necessary party to the proceedings. If the court finds in favor of the petitioner, all damages that the jury determines the landowner should be compensated for shall be assessed against and shall be paid by the person applying for the private road, and he shall pay all the costs and expenses incurred in the proceedings.
Miss. Code Ann. § 65-7-201
Private way established
Applied in 22 court decisions — leading case 524 So. 2d 947 - Johnson v. Hinds County (1988)
Most recently applied in Delahanty v. Commonwealth (May 2018)
Codes, 1880, § 832; 1892, § 3901; 1906, § 4411; Hemingway’s 1917, § 7091; 1930, § 6468; 1942, § 8419; Laws, 1920, ch. 259; Laws, 2003, ch. 535, § 1, eff from and after passage (…
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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.