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Over the years and in a plethora of cases, this Court has recognized the following requisites for the valid exercise of the power of eminent domain: (1) the property taken must be private property; (2) there must be genuine necessity to take the private property; (3) the taking must be for public use; (4) there must be
Any person or corporation having the right to condemn private property for public use should file a complaint to condemn with the circuit clerk of the county in which the affected property, or some part thereof, is situated and should make all the owners of the affected property involved, and any mortgagee, trustee or
The State of Mississippi and any of its political subdivisions, including counties and municipalities, have the power of eminent domain to take private property for public use. Additionally, the State has delegated the power of eminent domain by legislative enactment to a number of private entities.
The eminent domain power is subjected to certain constitutional limits such as: The property acquired must be taken for a public use; The state must pay just compensation in exchange for the property; No person must be deprived of his/her property without due process of law.
According to the Takings Clause of 5th Amendment to the United States Constitution, a government entity must satisfy two conditions in order to use its eminent domain power (1) the land must be taken for public use, and (2) the owner must receive just compensation.
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The State of Mississippi and any of its political subdivisions, including counties and municipalities, have the power of eminent domain to take private property for public use. Additionally, the State has delegated the power of eminent domain by legislative enactment to a number of private entities.
The eminent domain power is subjected to certain constitutional limits such as: The property acquired must be taken for a public use; The state must pay just compensation in exchange for the property; No person must be deprived of his/her property without due process of law.
Eminent domain is a right granted under the Fifth Amendment of the Constitution. 1 Similar powers are found in most common law nations.
Although eminent domain is primarily associated with this section of the Constitution and the power of the federal government, eminent domain is a power of local and state governments as well.
Although eminent domain is primarily associated with this section of the Constitution and the power of the federal government, eminent domain is a power of local and state governments as well.

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