Mississippi 2022 Regular Session

Mississippi Senate Bill SB2472

Introduced
1/17/22  
Refer
1/17/22  

Caption

Eminent domain; codify constitutional amendment.

Impact

The impact of SB2472 is significant in that it aims to protect property acquired through the eminent domain process from being sold or transferred for a decade, potentially preventing quick profiteering from state-held assets. The exceptions outlined in the bill—relating to public utility purposes, the removal of nuisances, or properties that threaten public health—highlight an attempt to balance state control with the need for community and infrastructural development. Importantly, this legislation could facilitate stability in areas impacted by eminent domain by ensuring that properties cannot be rapidly redeployed for private benefit.

Summary

Senate Bill 2472 aims to codify a provision in the Mississippi Constitution that establishes restrictions on the transfer of property acquired through eminent domain. Specifically, it mandates that any property obtained via eminent domain cannot be transferred, nor can any interests in it, for a period of ten years following its acquisition. This applies to all forms of ownership, including individuals, nongovernmental entities, and business corporations, thereby emphasizing the state’s control over such properties post-acquisition.

Sentiment

The general sentiment around SB2472 appears to be supportive from proponents who argue that it protects community interests and ensures that properties acquired for public use remain available for their intended purposes. However, there may be contention from those who worry that such restrictions could hinder economic development or the ability of the state to respond flexibly to changing needs during the ten-year moratorium. The debate reflects broader discussions on the balance between state power and property rights.

Contention

Notable points of contention include the implications of the ten-year transfer restriction, which some may interpret as excessively rigid. Critics might argue that this could lead to underutilization of land that could be beneficial for development if allowed to be transferred sooner. Additionally, the exceptions for removing nuisances or addressing public safety concerns may lead to discussions about the interpretation and enforcement of what constitutes a 'public nuisance,' potentially opening avenues for debate regarding property rights and governmental authority over local issues.

Companion Bills

No companion bills found.

Previously Filed As

MS SB3212

Eminent domain; codify constitutional amendment.

MS SB2471

Eminent domain; codify constitutional amendment.

MS SB2642

Eminent domain; codify constitutional amendment.

MS SB2621

Eminent domain; codify constitutional amendment.

MS HB975

Eminent domain; prohibit property from being transferred after acquisition.

MS HB1769

Eminent domain; prohibit transfer of property acquired by for 10 years after acquisition.

MS HB978

Eminent domain; property acquired by prohibited from being transferred for ten years, with certain exceptions.

MS SC583

Suspend rules for introduction; codify constitutional provisions of eminent domain.

MS SC585

Suspend rules for drafting, etc.; codify "Mississippi Stop Eminent Domain Abuse Act."

MS HB0085

Eminent Domain Amendments

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