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MS HB961

Bill

Status

Failed

2/5/2013

Primary Sponsor

Gary Staples

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Requires all eminent domain cases in Mississippi to be resolved through binding arbitration rather than special courts, effective July 1, 2013.

  • Amends arbitration statutes to allow submission of eminent domain disputes to arbitrators, with arbitrator decisions subject to the same judgment and appeal procedures previously used for court determinations.

  • Replaces judicial proceedings with arbitration for determining fair market value of condemned property, damages to remaining property, and legal interest awards from the filing date until payment.

  • Preserves parties' right to appeal arbitration decisions directly to the Mississippi Supreme Court within 10 days, with defendants' appeals not operating as a stay and plaintiffs required to post bonds equal to double the judgment amount (except for state and political subdivisions).

  • Repeals five sections of Mississippi Code relating to procedures and provisions for special courts of eminent domain, consolidating the process under arbitration rules.

Legislative Description

Eminent domain; require binding arbitration.

Last Action

Died In Committee

2/5/2013

Committee Referrals

Judiciary B1/21/2013

Full Bill Text

No bill text available