Mississippi College Law Review
Publication Date
Spring 2024
Abstract
At first glance, Bay Point comes across as the standard, run-of-the-mill eminent domain case: the government contracts with a citizen for an express easement over privately-owned land limited to a certain use; the government then exceeds the scope of that easement, resulting in a taking. Governmental taking is usually not anything outside of the norm. But with a potential seven billion dollars' worth of federally funded highway projects destined for Mississippi highway only a Presidential signature away from being approved, this decision is not one Mississippi landowners should ignore. Further, the crux of Bay Point lies with an issue of separation of powers. Because of the Supreme Court of Mississippi's holding, gone are the days when the judiciary determines just compensation in takings cases involving the state's highway department. Instead, courts will yield to statutory provisions of the legislatively determined result. Justice Gorsuch, in dissenting to the United States Supreme Court's denial of a writ of certiorari in the case, seemed to recognize the national implications of the Bay Point decision and encouraged the Court to "take up [the issue] at its next opportunity."
This Note argues the Supreme Court of Mississippi erred in its approach in Bay Point by relying on Mississippi Code section 65-1-123, instead of common law abandonment precedent.
Recommended Citation
Usner, Kyle
(2024)
"Parks and Separation: How the Mississippi Legislature Decided Just Compensation in Bay Point Properties, Inc. v. Mississippi Transportation Commission,"
Mississippi College Law Review: Vol. 38:
Iss.
1, Article 9.
Available at:
https://dc.law.mc.edu/lawreview/vol38/iss1/9