Landings

Miss. Code Ann. tit. 59, ch. 19
in effect

Miss. Code Ann. § 59-19-1 Initiation of proceedings to establish landing.

Any three or more freeholders residing in any county bordering on the Mississippi River or other navigable river, bayou, bay, or inlet, may petition the board of supervisors of such county to cause a lot of ground, outside of a city, town, or village, on the bank of the river, bayou, bay, or inlet, to be designated and set apart as a boat landing and cotton-yard, for the use of the public, stating in the petition the name of the owner of the land proposed to be so taken; and said board shall thereupon appoint three of its members a committee to examine and determine whether such landing be required for public convenience, and, if so, to lay off and mark such lot of ground, not exceeding two acres, at such point as will be most convenient to the public.

Miss. Code Ann. § 59-19-3 Notice of proceedings to establish landing.

The board of supervisors shall fix the time and place for the meeting of the committee provided for in Section 59-19-1, and the sheriff of the county shall deliver to the owner of the land proposed to be taken a copy of the order five days previous to the time of meeting. The committee shall make a full report of its proceedings, in writing, to the board of supervisors at its next regular meeting, and the board may confirm or set aside the report, and order another examination, or otherwise, at its discretion. And the owner of the land, having been served with notice as provided, shall take notice of all future proceedings. In case the owner be a non-resident, or cannot be found, he may be notified by publication of the order of the board in the same manner as publication is made for non-resident defendants in chancery.

Miss. Code Ann. § 59-19-5 Confirmation of report; assessment of damages.

Should the report of the committee be confirmed, the board of supervisors shall direct its clerk to issue a writ to the sheriff of the county to summon twelve disinterested freeholders, competent jurors of the county, to meet on the premises, at a time to be fixed by the sheriff, of which the jurors and parties shall have five days’ notice. The jury, being first sworn by the sheriff, shall assess the damages to be awarded to the owner of the land or other person, and shall reduce their finding to writing, and sign the same. The sheriff shall return the inquisition to the next meeting of the board, by whom the same shall be confirmed or set aside and a new jury ordered. And if the same shall be confirmed, the damages so awarded shall be paid by the parties applying to have said lot condemned and the costs of the proceeding. It shall not be lawful to enter upon or use the lot for any of the purposes for which it was condemned until the damages and the costs shall be paid or tendered.

Miss. Code Ann. § 59-19-7 Replacement of jurors; fines.

If any of the jurors should fail to attend, the sheriff shall forthwith summon other proper persons in their places, and the defaulters shall be reported to the board of supervisors, and shall be fined not less than ten dollars nor more than twenty dollars, unless good cause against the same be shown.

Miss. Code Ann. § 59-19-9 Appeal of assessment to circuit court.

Should the owner of the land, or other person claiming compensation or damages, be not satisfied with the verdict of the jury, such person may appeal from the order of the board of supervisors confirming the same, within ten days after such order, to the circuit court; and the court may review the proceedings as to any matter of law and may award a trial de novo as to the amount of damages. If the order of the board confirming the finding of the jury be reversed on a question of law, the cause shall be remanded to the board for a new writ to be issued for the assessment of damages; or such other order shall be made by the circuit court as shall be proper.

Miss. Code Ann. § 59-19-11 Use of landing; penalty for misuse.

After the termination of the proceedings and the payment or tender of the damages and costs, the applicants may erect warehouses, sheds, and such other buildings as may be necessary for the reception, storage, or shipment of cotton or other freight, and shall have such lot substantially inclosed, provided with suitable gates, and kept in good repair; and it shall not be lawful for any person to use the lot, shed, warehouses, or other buildings for any other purposes than those designated, under the penalty of five hundred dollars, to be recovered of the petitioners or of any person so using the said lot or buildings, by and for the use of the owner of the land, and the right to use the same for any purpose shall be forfeited.

Miss. Code Ann. § 59-19-13 Compensation of participants.

The members of the committee shall receive the same pay as jurors in the circuit court; and the sheriff shall receive such further sum, in addition to his fees, as the board of supervisors may allow; all costs to be paid by the petitioners for the condemnation of the lot.

Miss. Code Ann. § 59-19-15 Leasing of landing.

The board of supervisors may lease the lot or landing for a term not exceeding five years, the lessee to transact thereat only a general receiving and forwarding business; and, in case of a lease, the board shall fix, with power to alter, a schedule of rates and charges for receiving and forwarding freight, and require of the lessee a bond, payable to the county, in a penalty not less than five hundred dollars as shall be proper, conditioned to observe the terms of the lease and to perform the duties imposed on him by law. The lessee shall keep the schedule of rates conspicuously posted on the premises, and any overcharge shall subject the lessee and his sureties to a penalty of twenty dollars in favor of the party injured. A lease shall not abridge the right of any person to store and forward his own freight at the landing free of charge.

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