MCA Chapter 7

in effect

Miss. Code Ann. § 65-7-1 Jurisdiction over county roads; width of roads; drainage; inclusion of new roads in official records.

The board of supervisors of each county shall have full jurisdiction over all matters relating to the public roads of the county, including the establishment, laying out, opening, abandonment, altering, changing, working and maintaining of such roads, except as otherwise provided by Section 170 of the Mississippi Constitution of 1890. All roads now laid out and opened or hereafter laid out and opened according to law shall be deemed public roads and highways and shall be opened and worked at least sixteen (16) feet wide, wherever practicable, and in any case not less than twelve (12) feet, and any greater width that may be necessary. Ditches and borrow pits shall be kept open or connected so as to drain off the water from the road bed, as far as practicable. From and after July 1, 2000, no road shall be included as a part of the county road system until and unless the board of supervisors, by appropriate action spread on its minutes, has established or accepted such road and caused the road to be included in the official record of the county road system as provided in Section 65-7-4.

Miss. Code Ann. § 65-7-3 Standard for working roads.

All public roads shall be kept open and worked to the width required by law and, when necessary, shall be raised in the middle and sloped toward the ditches or sides, which shall be kept open and of sufficient size and proper fall to drain the road bed.

Miss. Code Ann. § 65-7-4 County road systems; official maps; register; hearings; additions, deletions, and changes.

On or before July 1, 2000, the board of supervisors of each county shall prepare and adopt an official map designating and delineating all public roads on the county road system. Changes to the county road system shall be recorded on this map as soon as is reasonably possible. The map, as it is periodically revised, shall be kept on file in the office of the clerk of the board of supervisors where it shall be available for public inspection. On or before July 1, 2000, the board of supervisors of each county shall prepare and adopt a county road system register in which shall be entered: The number and name of each public road on the county road system. A general reference to the terminal points and course of each such road. A memorandum of every proceeding in reference to each such road, with the date of such proceeding, and the page and volume of the minute book of the board of supervisors where it is recorded; however, reference to proceedings before July 1, 2000, shall not be required. Before the initial adoption of the official map and the county road system register, the board of supervisors shall hold a public hearing on the content of the official map and the county road system registry and shall publish notice of the hearing at least one (1) time, not less than two (2) weeks before the date of the hearing, in a newspaper having general circulation in the county. All subsequent proceedings and changes to the county road system shall be recorded in the county road system register as soon as is reasonably possible. The county road system register, as it is periodically revised, shall be kept on file in the office of the clerk of the board of supervisors where it shall be available for public inspection. From and after July 1, 2000, the official record of the county road system shall consist of an official map, as provided for in subsection (1) of this section, and the county road system register, as provided for in subsection (2) of this section. The county road system register shall have priority in case of conflict between the register and the official map. The minutes of the board of supervisors containing proceedings with respect to county roads and the county road system shall serve as the official record until such proceedings are recorded on the official map and in the county road system register. The official record of the county road system, at a minimum, shall be revised and updated on or before July 1 of each year. It is the intention of the Legislature that the initial official record of the county road system prepared and adopted in accordance with this section shall include all public roads that the board of supervisors determines, consistent with fact, as of July 1, 2000, or such date the initial official record is adopted, are laid out and open according to law. From and after July 1, 2000, no road shall be added or deleted from the county road system or otherwise changed except by order or other appropriate action of the board of supervisors and such action shall be recorded in the minutes of the board. All additions, deletions or changes to the county road system shall be recorded in the official record of the county road system as provided for in this section.

Miss. Code Ann. § 65-7-4.1 1. Legislative intent.

The Legislature of the State of Mississippi finds and determines as a matter of public policy and legislative intent that the proceedings and public hearing required for initial adoption of the official map and county road system register required by Section 65-7-4, Mississippi Code of 1972, are not intended to lay out, open, designate or otherwise establish new public roads, but to document and record existing roads which are, at the time of the initial adoption of said map and register, adjudicated by the board, consistent with fact, to be public roads by dedication, under the methods provided by statute, or by prescription and required by public convenience and necessity.

Miss. Code Ann. § 65-7-5 Order of board of supervisors necessary to change road.

It shall not be lawful for any person to turn, alter, or change any public road unless by order of the board of supervisors, under penalty of Fifty Dollars ($50.00) for each offense; and an old road shall not be obstructed until the new road is in all respects fit for travel.

Miss. Code Ann. § 65-7-7 Road not to be obstructed.

If any person shall fell any bush or tree and leave any portion thereof in any stream or on any public highway, road, or ditch draining the roadway or obstruct the same in any manner whatever, and not immediately remove the obstruction, the overseer of the road shall remove the same, and the person so felling the tree or bush, or otherwise obstructing the road or water shall forfeit and pay all expenses of removing the same, to be recovered before any justice of the peace of the county, in the name of the county. It is the duty of the overseer to cause suit to be commenced therefor, and such person shall be liable for all damages occasioned to another by the obstruction. However, no cattle gap placed on a county road, subject to overflow by the Mississippi River and not protected by levees, shall be considered an obstruction in the public road if such cattle gap is installed with the permission of the board of supervisors and the person installing same also provides a gate adjacent to the road for the passage of stock. Any violation of this section shall also, upon conviction, be punishable as provided under Section 99-19-31.

Miss. Code Ann. § 65-7-9 Dangerous trees to be removed from road.

The board of supervisors of any county shall have the right, upon the application of any member thereof or any overseer, road commissioner or the county road manager, to condemn any dead or dangerous trees or timber near any public road which endangers the safety of the public travel. On the failure or refusal of the owner to cut and remove such trees or timbers, the board may assess the value thereof and pay or tender the owner of such trees or timber the said assessed value thereof by warrant on the county treasury, and such trees or timber shall be cut, felled or removed by the proper authorities working or maintaining such road. The owner of such trees or timber shall have five (5) days’ notice of such assessment and, if dissatisfied with such valuation, an appeal may be had to the circuit court as in other cases.

Miss. Code Ann. § 65-7-11 Hedges on roadside to be trimmed.

When hedges are planted along any public road, the owner of the land shall trim the hedges on the side next to the road and keep them trimmed, so that travelers will not be inconvenienced thereby. If the hedges intrude upon any road, the overseer shall give written notice to the owner or occupant of the land to have the hedges trimmed within ten days after notice, so as not to obstruct the road or interfere with travelers; otherwise, the owner or occupant shall be guilty of a misdemeanor and, on conviction, punished as for obstructing a public highway. Such owner or occupant shall forfeit two dollars per day for every day’s failure to comply with such notice, to be recovered by action.

Miss. Code Ann. § 65-7-13 Public highways to be marked.

For all counties where this has not already been done, the state highway department or the state highway engineer shall prepare and file with the clerk of the board of supervisors of the said several counties of the state, plans and specifications for highway sign or guide boards, showing the construction, size, material, color, and how said sign or guide boards are to be erected on the roads or highways within the said several counties. All such specifications are to be uniform, so as to obtain a uniform system of highway sign or guide board markers throughout the state.

Miss. Code Ann. § 65-7-15 Board of supervisors to erect signs.

The board of supervisors of the several counties of the state shall forthwith erect or cause to be erected, at all forks, crossroads or road intersections on all of the state highways and all other principal roads within their county, sign or guide boards in compliance with specifications theretofore furnished by the state highway department or state highway engineer.

Miss. Code Ann. § 65-7-17 Color and construction of sign or guide boards.

All such sign or guide boards throughout the entire state shall be of uniform size, construction, color, and erection. Said sign or guide boards shall show thereon the next city, town, or village to be reached by following each fork of said road, and the distance to be traveled along such road to reach said city, town, or village. All such sign or guide boards as may be erected at forks or crossroads on the main or trunk roads within such county shall indicate direction along said road and distance to the county seat of the county or the principal city, town, or village within said county, and the principal city, town, or village within next adjoining county located on such main or trunk roads.

Miss. Code Ann. § 65-7-19 Mandamus available to erect signs.

In case the boards of supervisors of the several counties or if any one of them fail or refuse to erect or cause to be erected such sign or guide boards as provided in Sections 65-7-15 and 65-7-17, then upon a petition to the circuit court by as many as twenty-five qualified electors, who are also taxpayers on real property in the county, joining in said petition, the remedy by way of mandamus shall apply and shall be fully available to enforce the provisions of the said two sections. The said petitioners of the number and qualifications aforesaid shall be deemed to possess all the necessary interest and to be fully entitled to demand, in the proceeding by mandamus, the enforcement by the court of all the duties aforementioned, and the court may upon the trial make all proper orders fully for said enforcement.

Miss. Code Ann. § 65-7-21 Signs not to be damaged.

The board of supervisors of the several counties and the overseers shall, at all times after the erection of the sign or guide boards as provided, see that said sign or guide boards are not defaced, removed, or destroyed. In case of defacement, removal, or destruction of any such sign or guide board, the board of supervisors shall cause a new sign or guide board to be erected within ninety days; and on failure so to do, the duty may be enforced as provided in Section 65-7-19.

Miss. Code Ann. § 65-7-23 Defacing, removing or destroying signs or traffic control devices prohibited; penalties; liability for cost of repair; liability of parents of minor.

Any person willfully defacing, removing, marring, damaging or destroying any sign or guide board, including any railroad crossing sign or flasher signal, or other traffic control device erected as provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable for the actual cost of replacing or repairing such sign and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device. The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass. Any person who violates subsection (1) of this section regarding a memorial, other historical or cultural marker or sign, the value of which is Five Hundred Dollars ($500.00) or more, shall be guilty of a misdemeanor, and, upon conviction, shall be imprisoned in the county jail for up to six (6) months or fined up to One Thousand Dollars ($1,000.00), or both. Such person shall also be ordered to make full restitution.

Miss. Code Ann. § 65-7-25 Signal boards for highway “danger zones.”

The boards of supervisors of the several counties of this state are required, within sixty days after receipt of a petition signed by twenty-five or more regular travelers of any public highway within their respective county, to have prepared and properly posted along said highway certain sign or signal boards at such intervals as may be deemed necessary to avoid danger for speedy travel, not exceeding four to the mile, with such inscriptions written thereon as will sufficiently warn the traveling public of the danger zones thereon.

Miss. Code Ann. § 65-7-27 Specifications for signal boards.

Said signal or signboards shall be made of some suitable material with a face of not less than twelve by eighteen inches (12" x 18"), which shall be painted white with the lettering or inscription thereon printed or written in black. The inscription upon said signal or signboards shall consist of the following words, to wit: “danger zone” or some like suitable inscription; and the same, when so done, shall constitute sufficient notice to all travelers along said road of any and all defects in said road within said danger zone.

Miss. Code Ann. § 65-7-29 Double boards for dangerous places.

At such intervals on said road as may be deemed extremely dangerous, such board shall be double faced, with said inscription on each side thereof, and shall be placed in such manner as to be easily seen by travelers at night when proper lights upon vehicles are reflected thereon.

Miss. Code Ann. § 65-7-31 Payment of signal board expenses.

The expense of preparing and erecting said signal or signboard shall be paid out of the road funds of the county.

Miss. Code Ann. § 65-7-33 Vehicles to sound warnings in danger zone.

All wheeled vehicles traveling over or upon said roads so designated by said signal or signboards, when operated by steam, gas, or electricity, shall be equipped with a whistle, horn, or other signal which shall be duly sounded upon approaching said danger zones, so indicated by said signal or signboards.

Miss. Code Ann. § 65-7-35 Penalty for violating danger zone laws.

Any person guilty of a violation of Sections 65-7-25 through 65-7-33 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Dollars ($5.00) for each violation.

Miss. Code Ann. § 65-7-37 Regulation of use of certain roads.

Whenever in the discretion of the board of supervisors of any county it seems proper to do so, the board of supervisors may, by order duly entered on its minutes, regulate the use of any hard surfaced or graveled public road in the county by prescribing what kind of wheels may be used on vehicles on said public roads and by prohibiting the use thereon of vehicles using cleats or spikes on wheels. But such order shall, before being in full force and effect, be published in a newspaper published in the county for three (3) consecutive weeks, whereupon such order shall be in full force and effect. In the event of inclement weather, floods, or other causes wherein immediate nonuse of any of such roads is necessary, the supervisor of the district may enter his proclamation prohibiting the use of said road for such period of time as he deems necessary for the proper preservation thereof, or enter his proclamation regulating the type of traffic that may use such road. However, at the next meeting of the board of supervisors, such supervisor as has entered such a proclamation must present his proclamation to the entire board for its action thereon, and if the full board declines to enter an order in the manner set forth in the next preceding paragraph hereof, then the proclamation of such supervisor shall be null and void and of no further effect. Notice of such proclamation at each public entrance, intersection with another public road, shall be sufficient notice of the proclamation of the supervisor. This section shall not be construed as to authorize the board of supervisors to prohibit vehicles with spiked or cleated wheels from crossing or going from one side of said road to another, and shall only be construed so as to authorize said board of supervisors to prohibit the use of said spiked or cleated wheels on said public roads. This section shall not be so construed as to apply to state built or constructed highways or federal aid roads, and shall only be construed to apply to public roads maintained by the county. Any person going upon any hard surfaced road or portion thereof in such county with any kind of vehicle, or who shall cause any such vehicle to be driven upon any such hard surfaced road in such county in violation of such regulations or orders, shall be guilty of a misdemeanor and, upon conviction therefor, shall be fined in the sum of not exceeding Fifty Dollars ($50.00) and shall moreover be liable severally to any county or road district for any damage done such roads by such illegal act. As to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, the duties of a supervisor under this section relating to the issuance of a proclamation shall be performed by the road manager of the county.

Miss. Code Ann. § 65-7-39 Traveling on public roads.

All drivers of carriages or other vehicles, whether of burden or pleasure, using any public road shall keep to the right hand when met by another carriage or vehicle and when overtaken by another carriage or vehicle, so as in both cases to permit the carriage or vehicle so meeting or overtaking to pass free and uninterrupted. Any person wilfully offending against this provision shall be guilty of a misdemeanor and, on conviction, fined Five Dollars ($5.00) for each offense; and if injury result therefrom, the person so offending shall be subject to an action for damages at the suit of the party injured.

Miss. Code Ann. § 65-7-41 Rate of travel over bridges.

It shall not be lawful for any person to drive a wagon, carriage, or other vehicle of any description drawn by animal power or to ride, leap, or drive any horse, mule, or any description of cattle over or upon any bridge erected in any county by authority of the board of supervisors or in a city, town, or village at a faster gait than a walk; and every person so offending shall be guilty of a misdemeanor and, on conviction, fined Five Dollars ($5.00). But the board of supervisors or municipal authorities shall cause to be fixed up and kept at each end of the bridge, in some conspicuous place, a board on which shall be painted in large letters, “Five Dollars ($5.00) fine for riding or driving any animal over this bridge at a faster gait than a walk”; and on neglect of such notice, such fine shall not be incurred.

Miss. Code Ann. § 65-7-43 Prevent damage and protect public roads.

The board of supervisors of any county pursuant to the maximum load limits established in Chapter 5, Title 63, Mississippi Code of 1972, and the posting authority granted in Section 63-5-27(5) may declare what is or may be an unusual or uncommon load or weight to be conveyed on or over the roads, bridges or approaches of any bridges in the county; shall have power to protect their roads and bridges from any unusual or uncommon use where the same is likely to injure or impair their usefulness as public highways; and may recover damages for injuries.

Miss. Code Ann. § 65-7-45 Maximum loads of vehicles.

The board of supervisors of any county in this state may, at the discretion of such board, regulate the maximum load of any vehicle using the public roads and bridges of such county, or any section or length of any public road, or any particular bridge in such county by order spread on its minutes, which order shall, before being in full force and effect, be first published in a newspaper published in the county for three (3) consecutive weeks, whereupon such resolution shall be in force and effect.

Miss. Code Ann. § 65-7-47 Penalty for violating load and tire regulations.

Any person going upon any public road or bridge in such county with any kind of vehicle, or who shall cause any vehicle to be driven upon any public road or bridge in such county, in violation of such regulations shall be guilty of a misdemeanor and upon conviction be fined in any sum not exceeding Fifty Dollars ($50.00), and shall moreover be liable civilly to any county or road district for any damage done to such roads or bridges by such illegal act.

Miss. Code Ann. § 65-7-49 Posting notices.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] It shall be the duty of the county road manager whenever a county road is affected by the order of the board of supervisors provided by Sections 65-7-43 through 65-7-47 to see that a notice thereof is posted at conspicuous places on such road at intervals of not less than two (2) miles and at the approaches to any bridge affected thereby; but a failure to post such notice shall not be allowed as a defense to a criminal prosecution or civil suit under the provisions of this chapter.

Miss. Code Ann. § 65-7-51 Repealed.

Repealed by Laws, 1983, ch. 332, § 3, eff from and after passage (approved March 14, 1983). [Codes, Hemingway’s 1921 Supp. § 7259z; 1930, § 6337; 1942, § 8311; Laws, 1918, ch. 204]

Miss. Code Ann. § 65-7-53 Use of roads while under construction.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] Whenever in the discretion of the board of supervisors of any county it seems proper so to do, the board may, by order on its minutes, authorize the road manager of the county or the county engineer to forbid the use of any hard surfaced road, or portion thereof, when under construction or repair. The county road manager or the engineer, when so authorized by the board of supervisors, may close said road or any portion thereof to travel by an obstruction placed thereon in such manner as to indicate its closing, or by a sign marked “closed by order of the county road manager (or county engineer).”

Miss. Code Ann. § 65-7-55 Penalty for forbidden use of roads.

Any person who uses such road while the same is closed, or removes such obstruction or sign, shall be guilty of a misdemeanor and shall be fined not less than Twenty-five Dollars ($25.00) and not more than One Hundred Dollars ($100.00), and shall be responsible in damages to the highway commission for all damage done to the highway in violation of Section 65-7-53.

Miss. Code Ann. § 65-7-57 Petition to have roads laid out or changed.

When any person shall desire to have a public road other than a road being maintained by the state highway department laid out, altered, or changed, a petition shall be presented to the board of supervisors of the county, signed by ten or more freeholders or householders of the county interested in the road, setting forth the commencement and termination and general course thereof and that the public interest or convenience requires the road to be laid out and opened or altered or changed, as shown in the petition. The petitioners, if not owners of the land through which the road runs or is proposed to be run, or if the land through which the road runs or is proposed to run is owned by the county or a municipality, shall give a copy of the same to the president of the board of supervisors if the county is the owner of the land, or to the mayor if a municipality is the owner thereof, and shall give five days’ notice to the owners of the land in person, or by leaving the same at their residence if they reside in the county, or if the owners be nonresidents of the county, by putting up the notice in some conspicuous place on the land through which the road runs or is proposed to run. Thereupon the board of supervisors shall hear the parties, and if it determine that the prayer of the petitioners ought to be granted, in whole or in part, it shall appoint a committee of two members, of districts other than that of the road or proposed road, who shall examine and view the contemplated route of the road. If they find the same practicable, they shall lay out and mark the road, or the alteration or change, and report their proceedings in writing to the board at its next meeting.

Miss. Code Ann. § 65-7-59 Report of committee.

The report of the committee may be set aside by the board of supervisors, for sufficient cause, and a new committee appointed at the discretion of the board; but if confirmed, the report shall be entered at large in the minutes of the board.

Miss. Code Ann. § 65-7-61 Damages for taking land.

When any owner of land or other person shall claim compensation for land taken for a public road, or for damages sustained by the construction of a road, he shall petition the board of supervisors, in writing, at the next meeting after the laying out of the road or at the meeting when the report thereof shall be returned, setting forth the nature and character of the damages claimed, whereupon the board shall, on five days’ notice to the petitioner, go upon the premises and assess the damages sustained by him. The finding of the board shall be in writing, signed by the members agreeing to it, and must be entered on the minutes at the next meeting; but if the damages sustained and claimed be less than the cost of assessing, the board may allow the same without inquiry.

Miss. Code Ann. § 65-7-63 Water to be drained from roads.

The board of supervisors shall have power, whenever necessary, to drain water off the public roads through and over the adjacent lands, and damages may be allowed and paid to the owners of said adjacent lands in the same manner as is provided in regard to locating public roads.

Miss. Code Ann. § 65-7-65 Damages paid from county treasury.

The damages assessed and allowed by the board shall be paid out of the county treasury.

Miss. Code Ann. § 65-7-67 Review by circuit court.

All proceedings of the board of supervisors in laying out, altering, or changing any public road and assessing damages therefor may be reviewed by the circuit court in respect to any matter of law arising on the face of the proceedings; and on the question of damages the cause may be tried anew, and the damages may be assessed by a jury if the owners of the land so desire. The board of supervisors shall grant appeals for that purpose, when prayed for, on the appellant giving bond for the costs in such penalty as the board may require, not exceeding Two Hundred Dollars ($200.00), payable to the county; and such bond shall have the same effect and be subject to the same proceedings as appeal bonds in other cases. Any person interested and a taxpayer may appeal in like manner and with like effect from the action of the board in assessing, allowing, or disallowing damages in opening or changing a road. If the road laid out or changed is a part of a federal aid project, such appeal to, and such review by, the circuit court shall be without supersedeas and only after the assessment of damages herein provided; on such appeal and review, all of the proceedings involving the taking of land for a public road and assessing damages therefor, and otherwise, shall be before the circuit court for consideration on such review and appeal. If the road laid out or changed is a part of a federal aid project, after the board of supervisors has confirmed the report of the committee examining and viewing the contemplated route of a road and finding the same practicable, such road may be opened, worked, constructed, and used, and such opening, working, constructing, and using of said road shall not be stopped or held up by appeal, by writ of supersedeas, writ of certiorari, direct appeal, other method of appeal, review, by writ of prohibition, or otherwise after the board of supervisors has entered an order on its minutes to the effect that the county shall be liable to the landowner for all damages sustained by such laying out, working, and construction of such road and the taking of the land therefor; and the board of supervisors shall have actually deposited the amount assessed as damages with the clerk of the circuit court, subject to the order of the landowner.

Miss. Code Ann. § 65-7-69 Roads on rights of way of drainage districts.

The board of supervisors may construct public roads along the side of and on the right of way of drainage canals or on any levees of any drainage districts of their respective counties, and for this purpose may use the dumps of earth taken from any canal or ditch, either as a road bed or otherwise, provided that no such road shall be constructed without the consent of the commissioners of the drainage district affected, and paying all damages to landowner. Before establishing and constructing said public road, a written resolution of the commissioners of the drainage district agreeing to the establishing of said road shall be presented to the board of supervisors, and said resolution shall be and constitute a part of the order of the board of supervisors establishing the public road. Said road shall not be so constructed as to interfere with the drainage of lands in the drainage district, and the same shall not be so constructed as to hinder or impede the drainage canals for the use and purpose for which they were constructed.

Miss. Code Ann. § 65-7-71 Payment for right of way so taken.

Where the board of supervisors of any county uses the right of way or ditch banks or any levee of any drainage district created in this state, it may pay to the treasurer of the respective drainage districts the value of any right of way taken for road purposes, as done with private individuals.

Miss. Code Ann. § 65-7-73 Roads into experiment stations.

In any county in the State of Mississippi in which there is located a branch experiment station, the boards of supervisors of such counties are hereby authorized, in their discretion, to open up, lay out, construct, and maintain public roads into and across the land owned by the State of Mississippi and used in connection with said branch experiment station. No petition shall be required to have such road opened up, laid out, constructed, and maintained, but the boards of supervisors of such counties are authorized to proceed with such work when requested so to do by the manager in charge of said branch experiment station. Boards of supervisors are hereby authorized to expend the funds of said county in opening up, laying out, constructing, and maintaining said roads.

Miss. Code Ann. § 65-7-74 Roads, driveways and parking areas on public school property.

The board of supervisors of any county is hereby authorized, in its discretion, to construct, maintain and/or repair roads, driveways and parking areas into and on all property owned by any public school district within such county, and the expenditure of funds for such construction, repairs and maintenance is hereby authorized from any available funds.

Miss. Code Ann. § 65-7-75 Line roads.

Whenever it is necessary to lay out a public highway at or near or along the line between two adjoining counties, and on account of the topography of the land it is not expedient to lay out said road on the line between said adjoining counties, then the boards of supervisors of both counties may lay out the road near the adjoining line between said counties, and both of said counties shall bear the expense of constructing and maintaining such public road in any proportion mutually agreed upon by the boards of supervisors of both of said counties.

Miss. Code Ann. § 65-7-77 Counties may work roads in adjoining counties.

Whenever the board of supervisors of any county finds that any public road, bridge, or causeway located in a contiguous county and leading therefrom and into that county is not properly worked or is not kept in good repair by the county in which same is located, and finds that its own county would be benefited by the proper working and repairing of such public road, bridge, or causeway, then in such event the board of supervisors of the county which would be benefited is authorized and empowered, in its discretion, to cause to be constructed, improved, worked, repaired, and maintained, at the expense of the county which would be benefited, any such public road, bridge, or causeway for a distance not exceeding three and one-half miles beyond the line of the county which would be benefited, provided that the board of supervisors of the county in which such public road, bridge, or causeway is located shall consent thereto. The board of supervisors of any county which would be benefited is authorized and empowered, for and in the name of such county, to make all necessary contracts for the construction, improving, working, repairing, or maintaining of such public road, bridge, or causeway as herein provided, and to pay for the same either out of the general funds of the benefited county or out of the proceeds of the bonds of such benefited county, issued as otherwise provided by law, either for such purpose or for such purpose and any other lawful purpose. In instances where one or more, or parts of one or more, townships of any county are cut off from convenient communication with the county seat of last said county, either by the interposition of the territory of a contiguous county or by a watercourse or other body of water or by both, then the board of supervisors of the county which would be benefited or whose communication with its county seat is so obstructed or interfered with as aforesaid may, at its discretion and with the consent of the board of supervisors of such contiguous county, lay out, open, construct, improve, work, repair, and maintain, or construct, improve, work, repair, or maintain if already laid out, opened, or established, as much as three and one-half miles in length of road in or through a contiguous county, and pay for the same as hereinabove provided. Whenever the board of supervisors of any county finds by order or resolution entered upon its minutes that it is to the best interest of the citizens of said county for it so to do, that a public necessity therefor exists, and that said county would be benefited thereby, it is authorized and empowered in its discretion to cause to be constructed or reconstructed, at the expense of such county, such portion as it may elect of any public road lying in a contiguous county which extends from the county line of such county into such contiguous county, together with one or more connecting roads leading therefrom located in the contiguous county. The construction or reconstruction of the public road lying in a contiguous county which extends from the county line of such county into such contiguous county may be paid for out of county road funds, state aid road funds, or such other funds as may be available therefor. However, state aid road funds shall not be used to construct or reconstruct any connecting road located in the contiguous county, and the county constructing or reconstructing said connecting roads may pay therefor only from county road funds or such funds as may be available therefor other than state aid road funds. In the event state aid funds are used in connection with the exercise of the power and authority granted in this subsection, the state aid engineer’s duties, responsibilities, and authority with respect thereto shall be the same as that provided by the law governing state aid projects. Before exercising any rights or authority granted in this subsection, the board of supervisors of the county proposing to take advantage of the authority herein contained shall secure the consent of the board of supervisors of the contiguous county, which consent shall be evidenced by an order or resolution of the board of supervisors of the contiguous county and spread upon its minutes. The boards of supervisors of any two adjoining counties may, by an agreement spread upon the minutes of the board of each of such counties, join together in the construction, reconstruction, improvement, working, repair, or maintenance of any public road, bridge, or causeway, including the approaches to such bridge or causeway, located partly in each of such counties, or benefiting each of such counties, for a distance of not exceeding three and one-half miles beyond the county line in either of such counties, and may jointly perform such work or jointly award contracts therefor and jointly pay the cost thereof, as provided in said agreement between said boards, from funds authorized by law for roads, bridges, or causeways located entirely within either of such counties. Such an agreement may be terminated in whole or in part by a succeeding board of supervisors of either of such counties, provided, however, that each of such counties shall remain obligated to pay its respective part of any outstanding obligations connected with or arising from said joint project. Unless the board of each county agrees otherwise, upon termination of such an agreement the responsibilities of future construction, reconstruction, improvement, working, repair, or maintenance on such road, bridge, or causeway shall be that of the county in which the respective parts thereof are located.

Miss. Code Ann. § 65-7-79 Counties may join with municipalities in keeping up roads.

The board of supervisors of any county in which a main highway in said county runs through several municipalities in said county, and lies partly within said municipalities and partly without, may join in and co-operate with the said municipalities in the joint construction, improvement, and maintenance of said highway, and out of the county road and bridge fund may pay a proportionate part of the cost of such construction, improvement, and maintenance, the municipalities also paying their proportionate parts. The board of supervisors may distribute its pro rata part of such cost over a period of not exceeding five annual payments and may direct its president to execute the notes of the county for said annual payments, to draw interest at a rate not exceeding six percent (6%) per annum.

Miss. Code Ann. § 65-7-81 State highways within or without municipalities.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] The board of supervisors of any county in the state may construct, reconstruct, maintain or contribute to the construction, reconstruction and maintenance of any state highway declared by legislative act expressly to be such highway or which, in accordance with law, has been taken over by the State Highway Department for construction, reconstruction or maintenance; and this section shall apply to such state highway within as well as without the limits of any municipality and, when within such limits, with or without the consent of the municipal authorities. In such cases and for said purposes the board of supervisors, for and in the name of the county, may fully exercise the right of eminent domain within any municipality, and it shall be the duty of the board so to do on the lawful demand of the State Highway Department.

Miss. Code Ann. § 65-7-83 Assumption by counties of concurrent jurisdiction over municipal streets for maintenance purposes.

The board of supervisors of any county may, by consent of or agreement with the proper governing authorities of any municipality within such county, assume concurrent jurisdiction over any street in such municipality for maintenance purposes where such street is a continuation of or intersects a local or county road already under the jurisdiction of such board of supervisors. Such consent or agreement to the assumption of said concurrent jurisdiction shall be entered into only by the entering of an order on the minutes of both of said boards. The liability heretofore imposed by law upon any municipality for or on account of the negligent construction or maintenance of any municipal street shall not be changed, diminished, or increased in any way by the provisions of this section. Said boards of supervisors may, in their discretion, authorize the use of county-owned machinery and equipment in the construction and maintenance of municipal streets, whether or not said streets intersect a local or county road.

Miss. Code Ann. § 65-7-85 Construction and maintenance by county of streets within municipalities.

The several counties of the state, acting by and through the boards of supervisors thereof, are hereby invested, within their discretion, with full authority to expend monies and to do, within any municipalities of the county all acts regarding construction and maintenance of roads and streets that they may do within the county outside the limits of said municipalities. The authority granted under this section shall be construed as additional and cumulative to all existing authority for the expenditure of county funds within municipalities.

Miss. Code Ann. § 65-7-87 Certain counties may construct village streets.

The board of supervisors of any county of the state of the second class, having a population of more than fifty thousand according to the 1930 federal census, situated wholly within a levee district, and in which there is situated a city of more than fourteen thousand population, is hereby authorized and empowered, in its discretion, to construct or assist in the construction of any streets of any village or town of less than five hundred population in said county, and to pay for same out of the highway maintenance fund or any other county fund available to said county for highway construction purposes.

Miss. Code Ann. § 65-7-89 Eminent domain, generally.

When the board of supervisors shall be unable to agree with the owners for any land necessary for widening any existing public road or for making changes therein or for laying out new public roads, it is authorized and empowered, in addition to the methods of procedure provided in previous sections of this chapter, to condemn any such land in the name of the county in the manner as is provided by law for the exercise of the right of eminent domain.

Miss. Code Ann. § 65-7-91 Supervisors may establish stations for work.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] The board of supervisors may, for the benefit of the county, purchase or lease real property upon which to establish facilities for the working of the public roads, and may erect on the real property barns, sheds, and other necessary buildings for the working of the public roads. However, only real property belonging to or under the control of the state or some other governmental entity may be leased at no more than fair market value by the county for such purposes and any such lease shall be for a term of not less than twenty-five (25) years. On or before October 1, 1990, the board shall establish and maintain one (1) central road repair and maintenance facility for the county or may designate an existing facility as the central road repair and maintenance facility for the county. Additional road repair and maintenance facilities may be established if the board, by resolution duly adopted and entered on its minutes, determines the establishment of these facilities is essential for the effective and efficient management of the county road and bridge programs. From and after October 1, 1990, no road repair and maintenance facilities shall be located on any land not owned by the county or leased by the county in accordance with this section unless these facilities are located on sixteenth section school lands or lands granted in lieu thereof. If the board is not able to purchase, upon terms satisfactory to it, a site selected by it for a facility, or in case the board is unable to agree with any landowner as to the amount of compensation he is to receive for any real property so selected, then the board may proceed to obtain not more than two (2) acres of the property by eminent domain, and the right of eminent domain for no more than two (2) acres is hereby conferred upon the boards of supervisors for such purposes.

Miss. Code Ann. § 65-7-92 Authorization to borrow money and issue notes to finance establishment of work stations.

In order to acquire or improve real property for the establishment of road repair and maintenance facilities as authorized to be established and maintained on or before October 1, 1990, in Section 65-7-91, the board of supervisors of any county may borrow money from any source and issue negotiable notes of the county in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) in the aggregate. The notes shall bear interest at a rate not to exceed the rate of interest authorized to be paid by counties on general obligation bonds and shall be sold in accordance with the provisions of Section 31-19-25. The notes shall mature in approximately equal annual installments over a period not to exceed ten (10) years from the date of issuance thereof. The notes shall be repaid out of any available funds of the county. The notes shall not be considered when computing the limitation of indebtedness under Section 19-9-5.

Miss. Code Ann. § 65-7-93 Counties authorized to match federal funds.

The board of supervisors of any county in this state is hereby authorized and empowered to use any available road funds of the county or beat to match any available federal funds for the purpose of building, hard surfacing, or graveling the roads of the respective county or beats of the county. Roads designated as school transportation routes shall be given preference. The board of supervisors of any county is authorized and empowered to permit the use of county labor, machinery, and equipment, and to appropriate funds from the county’s part of the gasoline money for purposes provided in this section.

Miss. Code Ann. § 65-7-95 Methods of construction and maintenance.

The methods of constructing, reconstructing and maintaining the public roads and bridges in this state, other than those under the actual charge of the State Highway Department, shall be as follows: Any county may purchase implements and material through its central purchase system; may employ labor; may work, construct, reconstruct and maintain the public roads; may build bridges; and may do any and all things necessary to be done to work, construct, reconstruct and maintain the public roads and to build bridges as herein provided. If, in the opinion of the board of supervisors, any part of the work necessary to be done in working, constructing, reconstructing and maintaining the public roads and in building bridges in such county, or any part or parts thereof, can best be done by awarding contracts therefor, the board of supervisors may advertise for bids and make contracts therefor in accordance with the provisions of Section 31-7-13; and the board of supervisors may, in its discretion, use any funds heretofore or hereafter raised by bond issue or otherwise for working, constructing, reconstructing, maintaining and improving the public roads and for building bridges as herein provided. Except for contracts exempt from the provisions of Section 19-11-27, no contract provided above shall be awarded that shall extend beyond thirty (30) days from the termination and end of the term of office of the members of the boards of supervisors awarding same. Before any board of supervisors may hire, lease or rent any heavy road machinery or equipment for use in the construction, reconstruction or maintenance of any county road or bridge, such board of supervisors shall first adopt an order adjudicating the necessity for leasing or renting such machinery or equipment, the purposes for which it is to be used, the type of such machinery or equipment and the reasons why the leasing or renting thereof will promote the public interest of the county. Such order shall also direct the clerk of the board of supervisors to advertise for bids for such machinery or equipment, which bids shall be returnable on a day to be fixed by the board of supervisors, in accordance with Section 31-7-13. All contracts for the leasing or renting of such machinery or equipment shall be awarded to the lowest and best responsible bidder whose bid price or rental consideration is not in excess of the current rates and charges fixed and prescribed by the Nielsen/Data Quest publication, which rates and charges fixed and prescribed by the Nielsen/Data Quest publication shall be on file with the Governor’s Office of General Services at that time. All invoices submitted for the leasing or renting of such machinery or equipment shall identify the equipment by number and name and shall include the number of hours of labor performed and the dates thereof.

Miss. Code Ann. § 65-7-97 Installment buying prohibited.

The boards of supervisors are hereby prohibited from purchasing any machinery or equipment under a contract requiring installment or deferred payments. However, this section shall not be construed to prohibit boards of supervisors from making purchases which shall be paid for not later than the next regular meeting of said board.

Miss. Code Ann. § 65-7-99 Acquisition of gravel beds and sale of excess supply.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] Any county is authorized and empowered to purchase and hold, or to lease, any land containing gravel, sand, clay, chert or other road building material to be used in the construction and maintenance of roads, and to sell off any of such road building material in excess of its own needs. Such land or lease is to be held in the name of the county. Such land or lease is to be paid for out of the proper county fund, and any funds arising from the sale of material are to be turned back into the fund from which the purchase price was made. The necessary roads or other means to reach and use the property aforesaid may be constructed and maintained by the county.

Miss. Code Ann. § 65-7-101 Timber and gravel for bridges and causeways.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] Whenever any bridge or roadway is to be erected or repaired, the county road manager shall have authority to take from the land, stream, bayous or banks lying within a reasonable distance of the bridge or causeway or roadway the timber, gravel, dirt, and other road material necessary for such bridge, causeway or roadway after the board of supervisors has assessed the value thereof and paid or tendered to the owner of the timber, gravel, dirt or other road material the value thereof, by a warrant on the county treasurer. If the proprietor be dissatisfied with such valuation, he may appeal to the circuit court; but the valuation of the board shall be prima facie evidence of the value of the timber, gravel or dirt. But no shade trees or ornamental trees shall be taken to be used on roads.

Miss. Code Ann. § 65-7-103 Repealed.

Repealed by Laws, 1980, ch. 440, § 28, eff from and after January 1, 1981. [Codes, 1930, § 6386; 1942, § 8335; Laws, 1928, ch. 157; 1950, ch. 249]

Miss. Code Ann. § 65-7-105 Plans and specifications.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] Before any road, or any part thereof, or any bridge shall be let out to contract where the amount of the contract will exceed Twenty-five Thousand Dollars ($25,000.00), the county road manager, or engineer if there be one, shall inspect the road or part thereof or the bridge so proposed to be contracted, and shall carefully note the character and amount of work needed on same and all else necessary to make same a good and acceptable highway. The county road manager, or engineer if there be one, shall then prepare detailed plans and specifications for the construction or reconstruction or working of same by contract, which shall be presented to the board of supervisors for approval. The plans and specifications shall be filed with the clerk of the board of supervisors for the inspection of prospective bidders, prior to the first public letting under the terms hereof at a regular meeting to be named; and at any time prior to the acceptance of bids, the board may alter the plans and specifications submitted, and thereupon readvertise.

Miss. Code Ann. § 65-7-107 Contracts in vacation.

Where any contract is made, as provided herein, by any member of the board of supervisors in vacation without competitive bids, and the amount of such contract exceeds the sum of One Hundred Dollars ($100.00), it shall be the duty of the member of the board of supervisors making such contract to obtain bids from at least two (2) bidders before making such contract, and to file a statement of the amount of each such bid with the board at its next meeting.

Miss. Code Ann. § 65-7-109 Roads built with oyster shells.

All road authorities and contractors in counties, parts of counties, and municipalities in this state who construct, build, or repair public roads and streets with oyster shells shall, within ten days after the foundation is laid for such road, put a surface of crushed shells or other surfacing equal thereto for the purpose of making such roads smooth; and each half mile in rural districts and each block in cities shall be surfaced within said time after the foundation of such road shall be laid. All surface repair work shall be done with crushed shell, or material equal thereto, where the foundation is laid with such uncrushed oyster shells, so that said road shall be made smooth and traversable without injury to animal or vehicle. Where foundation is repaired with uncrushed shells, the surfacing shall be done as soon as reasonably possible, not to exceed ten days after such foundation is laid.

Miss. Code Ann. § 65-7-111 Penalty for violating provision for shell surfacing.

A failure to comply with the terms of Section 65-7-109 shall constitute a misdemeanor, and any person convicted in a court of competent jurisdiction shall be fined not to exceed fifty dollars ($50.00) or be imprisoned in jail not to exceed ten days, or both.

Miss. Code Ann. § 65-7-113 Working roads with convicts.

The boards of supervisors may provide for the working of public roads with the convicts sentenced to the county jails, or committed for failure to pay the fine and costs imposed upon them; and if they do so, they may make the necessary contracts for that purpose, or employ suitable persons to have charge of and superintend the labor of the convicts. The board of supervisors may require the contractor of any road to take and work the convicts sentenced to the county jail, or committed to same to pay fine and cost imposed upon them, upon such terms and conditions as the said board and contractor may agree upon.

Miss. Code Ann. § 65-7-115 Supervisors to have general supervision; board may provide for transportation needs of its members.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] The board of supervisors in each county is to have and is required to exercise jurisdiction over the public highways of the county. The board of supervisors may by order duly adopted and entered on its minutes, provide for such transportation of individual members of the board as is necessary and essential in the performance of their official duties.

Miss. Code Ann. § 65-7-117 Members of board to inspect roads; preparation of four-year construction and major maintenance plan.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] Each member of the board of supervisors shall inspect every road and bridge in the county under the jurisdiction of the county not later than December 31, 1989, and, thereafter, not less than once each fiscal year. Each member shall file with the clerk of the board a report, under oath, of the condition of the roads and bridges inspected by him with recommendations by him for a four-year plan for construction and major maintenance of such roads and bridges. Based upon such reports, the board of supervisors shall, on or before February 1, 1990, and on or before February 1 of each year thereafter, adopt and spread upon its minutes a four-year plan for the construction and maintenance of county roads and bridges. The plan may be amended at any time by a vote of the majority of the members of the board of supervisors.

Miss. Code Ann. § 65-7-119 Liability for neglect of duty.

The circuit judge shall at each term of the court especially charge the grand jury to inquire into the condition of the roads of any county. Any contractor or overseer or supervisor who neglects his duty shall be guilty of a misdemeanor and be liable to indictment and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00).

Miss. Code Ann. § 65-7-121 Abandonment by board of supervisors of any section of county road system; hearing; notice; posting of signs; liability after abandonment; notice to railroad; easements.

The board of supervisors of any county may, upon its own motion or upon the petition of any interested resident of the county, by resolution spread upon its minutes, declare any section of the county road system abandoned upon its finding that one or more of the following circumstances are applicable to the section in question: The section does not provide primary access to occupied properties; Traffic on the section has for a period of at least ten (10) consecutive years been intermittent and of such low volume that no substantial public purpose is being served thereby; The board of supervisors has, for a period of at least the previous five (5) consecutive years, not maintained such section as part of the county road system; or For any reason, the public interest or convenience does not require the section to remain open to the public or that it is in the public interest or convenience to close, vacate and abandon the section. Except as provided in subsection (3) of this section, before any section of the county road system may be abandoned as provided in this section, the board of supervisors shall hold a public hearing on the question of such abandonment and shall publish notice of such hearing at least two (2) times, not less than two (2) weeks prior to the date of the hearing, in a newspaper having general circulation in the county. [Repealed]. The resolution of the board of supervisors abandoning any section of the county road system will abrogate the easement theretofore owned, held, claimed or used by or on behalf of the general public but will not affect any private easements. Upon the abandonment of any section of the county road system, the board of supervisors shall post clearly visible signs at any intersection of the abandoned roadway with the county road system indicating that the abandoned section is no longer part of the county road system and is not maintained by the county. Once the required signs are posted, the county shall not be liable for the death of or injury to a vehicle owner, operator or passenger, or for damage to a vehicle or its contents, resulting from a dangerous condition on the abandoned section. If there exists a public railroad grade crossing or railroad bridge on the section of county road so abandoned, the county shall furnish the railroad or individual owning such railroad trackage with a copy of the resolution authorizing the abandonment and thereupon, the railroad company or individual owning such trackage may barricade the crossing or remove the bridge. From and after July 1, 2000, any proceedings under this section shall be documented in the official record of the county road system in accordance with the requirements of Section 65-7-4.

Miss. Code Ann. § 65-7-123 Requirement on certain county roads for temporary center line safety stripes while undergoing reconstruction or maintenance.

Any segment of a county-maintained, hard-surfaced highway normally marked by center line safety stripes which is overlayed with hot mix asphalt while undergoing reconstruction or maintenance shall be marked with temporary center line safety stripes if permanent center line safety stripes will not be installed before such segment is opened for public use.

Miss. Code Ann. § 65-7-125 Mississippi Delta National Heritage Area authorized to erect signs and markers on public streets, roads, etc. within Heritage Area.

The management entity of the Mississippi Delta National Heritage Area, upon direction of the Board of Directors of the Mississippi Delta National Heritage Area and in conjunction with the Mississippi Department of Transportation, is authorized to erect appropriate signs and markers along public streets, roads, highways and interstates within the Mississippi Delta National Heritage Area. The funding for the signs and markers and the erection of the signs and markers shall be made from any funds available to the Board of Directors of the Mississippi Delta National Heritage Area or from any gifts, grants or donations received by the board of directors for the purpose of providing the signs and markers.

Miss. Code Ann. § 65-7-141 Purpose.

It is the purpose of Sections 65-7-141 through 65-7-147 to provide that the State Highway Department and local governing authorities shall identify all streets, roads, highways and dwelling places not otherwise designated by name or number and to assign to said streets, roads, highways and dwelling places a number identification whereby such streets, roads, highways and dwelling places may be systematically identified and located without difficulty or ambiguity.

Miss. Code Ann. § 65-7-143 Numbering and naming unidentified roads, highways or streets.

All streets and roads of any municipality or county, and all other roads, highways or streets of this state that are not otherwise officially named or numbered shall be assigned a number and said roads, highways or streets shall henceforth be, for official purposes, known and referenced by an assigned number. In addition, the State Aid Division of the State Highway Department is further authorized to name or identify such roads, highways or streets by the names of individuals, subject to the approval of the appropriate governing authorities. The designation appearing in the Highway Department Road Inventory developed by the State Highway Department for each county and municipality shall constitute the official designation for counties and municipalities from and after July 1, 1988, unless prior to said date the board of supervisors of a county or the governing authority of a municipality adopts an ordinance duly spread upon its minutes adopting an official map or otherwise officially designates or names the public streets, roads and highways within its jurisdiction. Nothing herein shall be construed to require the marking of roads or the provision of road or street name signs; however, the boards of supervisors of the several counties and the governing authorities of any municipality may accept donations of money, materials, labor or other assistance to provide for the marking of streets, roads and highways. The provisions of this section shall not be construed to prohibit local governing authorities from naming, renaming or accepting named streets or roads as public ways in their discretion; however, any such action constituting an addition or change to the official county or municipal map shall be by ordinance duly adopted and spread upon the minutes of the governing authority, a certified copy of which shall be transmitted to the State Highway Department. The boards of supervisors are hereby authorized to expend excess funds as provided by Section 19-5-313 for paying the costs of identifying roads, highways and streets.

Miss. Code Ann. § 65-7-145 Dwelling houses; assignment of street and number address.

Every dwelling house, whether or not located on a public road in this state and not otherwise designated by a street and number address, shall be assigned a street and number address.

Miss. Code Ann. § 65-7-147 Repealed.

Repealed by Laws, 1986, ch. 508, § 4, eff from and after July 1, 1986. [En Laws, 1977, ch. 441, § 4]

Miss. Code Ann. § 65-7-151 Short title.

Sections 65-7-151 and 65-7-153 shall be known and may be cited as the “Mississippi Highway Patrol Fallen Officer’s Memorial Highway Act.”

Miss. Code Ann. § 65-7-153 Designation of public street, road, highway or interstate upon which Highway Safety Patrol officer was killed in the line of duty as memorial roadway.

The Mississippi Highway Safety Patrol within the Department of Public Safety, in conjunction with the Mississippi Department of Transportation, is authorized to designate any segment of any public street, road, highway or interstate within the state upon which any member of the Mississippi Highway Safety Patrol has fallen in the line of duty as a memorial roadway in such officer’s honor, provided that such memorial roadway shall not extend more than five (5) miles in each southern and northern or eastern and western direction of the location in which the fallen member of the Mississippi Highway Safety Patrol fell. The Department of Public Safety shall notify the Mississippi Department of Transportation of the site of such officer who was killed in the performance of his or her official duties, and the Mississippi Department of Transportation shall erect and maintain appropriate signs with a distinctive marker along and approaching the segment of roadway denoting the site of the fallen officer’s death. The distinctive marker shall be designed by the Department of Public Safety with the advice and recommendation of the Mississippi State Troopers’ Association. The funding for the distinctive markers shall be made from any funds appropriated by the Legislature to the Department of Public Safety or from any gifts, grants or donations received by the Department of Public Safety for the purpose of providing the distinctive markers. This section shall apply to all Mississippi Highway Safety Patrol officers who have given their lives in the performance of their official duties after July 1, 1938.

Miss. Code Ann. § 65-7-171 Short title.

Sections 65-7-171 and 65-7-173 shall be known and may be cited as the “Mississippi Congressional Medal of Honor Recipient’s Memorial Highway Act.”

Miss. Code Ann. § 65-7-173 Placement and maintenance of signs designating memorial highways named after recipients of the Congressional Medal of Honor to include the words “Congressional Medal of Honor Recipient.”

On any segment of any public street, road, highway or interstate within the state that is named after a person who was awarded a Congressional Medal of Honor, the Department of Transportation shall erect and maintain the signs designating the memorial highway with the words “Congressional Medal of Honor Recipient.” Any such signs that do not contain those words shall be replaced by new signs to comply with Sections 65-7-171 and 65-7-173. Sections 65-7-171 and 65-7-173 shall also apply to bridges or intersections that are part of a public street, road, highway or interstate within this state.

Miss. Code Ann. § 65-7-201 Private way established.

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.