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IN THE SPECIAL COURT OF EMINENT DOMAIN COUNTY, MISSISSIPPI
City of , MISSISSIPPI PETITIONER
VS. CIVIL ACTION NO.
DEFENDANT
DEFENDANTS/LIENHOLDERS
PETITION FOR SPECIAL COURT OF EMINENT DOMAIN
COMES NOW the City of , Mississippi, by , it's Attorney's, and files this
petition for the organization of a Special Court of Eminent Domain and the setting of a time and
place for the organization of such Court as by law provided for the condemnation of property
located in County, Mississippi, described below.
1.
The property to be condemned is described in Exhibit " " attached hereto. The real
property to be condemned and described in Exhibit " " appears as the shaded area on the
attached plat, referenced as Exhibit " ", which is hereby made a part of the description.
Both Exhibit " " and Exhibit " " are hereby made a part of this petition. That the following parties have an interest in the said property and accordingly, are
named herein as the Defendants to said action, to wit:
2.
That Petitioner, City of , Mississippi, is a political Subdivision of the State of
Mississippi and is given the right to exercise the power of Eminent Domain under and by virtue
of Section 65-1-47, 65-1-75 and 11-27-1 et seq, Mississippi Code of 1972 Annotated. 3.
That Petitioner has full authority to locate, relocate, widen, alter, change, straighten,
construct, or reconstruct any and all Roadways within it's Corporate Limits together with the
right to condemn, purchase, or acquire by gift lands necessary for the safety and convenience of
traffic, and lands containing road building materials including the right to provide limited access
facilities where deemed necessary; that Highway No. is located within the corporate
limits; and that by virtue of its authority Petitioner has decided to widen and reconstruct said
highway.4.
That in order to widen and reconstruct said highway, Petitioner has found it necessary to
obtain rights-of-way from various property owners, and more particularly from the named
Defendant herein. 5.
That the property of the Defendant which Petitioner has found it necessary to obtain for
public use and which is sought to be condemned by this proceeding is to be used in the widening
and reconstruction of and as a part of and for the construction of The City of Project
No. DECD-07330 (1) B, County, Mississippi.
6.
That the widening and reconstruction of said segment of to be constructed under
and as a part of the Project has been declared by Petitioner to be necessary to welfare of the City. 7.
That Petitioner has been unable to reach an agreement with the Defendant for the
acquisition of said property and has therefore, ordered that said property be condemned. The
undersigned has been authorized and requested to proceed with the condemnation of said
property, a copy of said Order being attached hereto as Exhibit " " to this petition and made
a part hereof by reference. Petitioner avers that this suit involving the public interest is a
preference case. 8.
The Petitioner shall suffer irreparable harm and delay by exercising the right to condemn
said property through eminent domain proceedings pursuant to Section 11-27-1 through 11-27-
49, Mississippi Code of 1972 Annotated, as opposed to claiming the right of immediate title and
possession of said property pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of
1972 Annotated, as set forth in the affidavit of attached hereto and made a part hereof as
Exhibit " ".Petitioner would represent and show that it needs and desires the right of immediate title
and possession pursuant to said Sections 11-27-81 through 11-27-89. 9.
Defendants, and are made parties to this proceeding by virtue of their
holding a lien on the subject property. WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays that this Court
will enter its Order granting the right of immediate title and possession; that this Court will enter
its Order fixing a time and place for a hearing of this cause in term time or vacation; that the
Clerk of this Court be ordered to issue process for the Defendant requiring it to appear before
this Court and to defend its rights and do such other things as are required by law; that this Court
will appoint an appraiser who is a person disinterested, knowledgeable and qualified to make an
appraisal of the property and report as provided by Section 11-27-83, Mississippi Code of 1972
Annotated; that upon a final hearing hereof a determination be made as to the amount Petitioner
shall pay the Defendant as due compensation.
Respectfully submitted, _______________________________________
Attorney for
Of counsel:
Telephone:
MSB #
Attorney for
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