Fill and Sign the Court Issues Mixed Ruling in Mississippi Eminent Domain Case Form

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