Mississippi eminent domain bill sent to Gov. Barbour

In a release dated yesterday, the Associated Press reported that the Mississippi Legislature has given its final approval on HB 803 which would restrict the government’s use of eminent domain in private to private transfers. HB 803 is now before Governor Haley Barbour who has not yet indicated whether he would sign it into law or veto it. Gov. Barbour has indicated that he does not want to limit Mississippi’s ability to pursue large economic-development projects, like Toyota.

HB 803 restricts the government’s power of eminent domain for strict public use and specifically outlaws private to private transfer, takings for private development and private purpose and seizure for enhancement of tax revenue. The bill does make exception for the Toyota Wellspring plant already under construction.

For more details on HB 803 see our post “Mississippi eminent domain legislation expected to strengthen private property rights” dated 2/12/09 or visit the Mississippi Legislature website.

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