Chapter 1. Transportation Department

Article 1. In General.

§ 65-1-1. Definitions.

When used in this chapter and for the purposes of Sections 65-1-1 through 65-1-21, the following words shall have the meanings ascribed herein unless the context otherwise requires:

“Department” means the Mississippi Department of Transportation. Whenever the term “Mississippi State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, appears in the laws of the State of Mississippi, it shall mean the “Mississippi Department of Transportation.”

“Office” means an administrative subdivision of the department.

“Bureau” means an administrative subdivision of an office.

“Commission” means the Mississippi Transportation Commission. Whenever the term “Mississippi State Highway Commission,” or the word “commission” meaning the Mississippi State Highway Commission, appears in the laws of the State of Mississippi, it shall mean the Mississippi Transportation Commission.

“Executive Director” means the chief administrative officer of the department. Whenever the term “director,” meaning the Chief Administrative Officer of the State Highway Department, appears in the laws of the State of Mississippi, it shall mean the Executive Director of the Mississippi Department of Transportation.

“Director” means the chief officer of an office.

“Administrator” means the chief officer of a bureau.

“Highway” or “road” includes rights-of-way, bridge and drainage structures, signs, guardrails and other structures made in connection with such highway or road.

“Construction” includes reconstruction.

“Maintenance” means the constant maintenance and repair to preserve a smooth surfaced highway.

“Pave” means to construct with a surface of either high-type or intermediate-type pavement.

HISTORY: Codes, 1930, § 5021; 1942, § 8053; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 30; Laws, 1992, ch. 496, § 1, eff from and after July 1, 1992.

RESEARCH REFERENCES

ALR.

Governmental tort liability as to highway median barriers. 58 A.L.R.4th 559.

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges, §§ 1-11.

CJS.

39A C.J.S., Highways § 1.

JUDICIAL DECISIONS

1. In general.

State Highway Commission is alter ego of state and is entitled to share in Eleventh Amendment immunity from suit. Brady v. Michelin Reifenwerke, 613 F. Supp. 1076, 1985 U.S. Dist. LEXIS 17616 (S.D. Miss. 1985).

§ 65-1-2. Mississippi Department of Transportation.

  1. There is hereby created the Mississippi Department of Transportation, which shall include the following offices:
    1. Office of Administrative Services.
    2. Office of Highways.
    3. Office of State Aid Road Construction.
    4. Office of Intermodal Planning.
    5. Office of Enforcement.
  2. Each office shall be composed of such bureaus as deemed necessary by the executive director of the department.
  3. The department is designated as the single state agency to receive and expend any funds made available by the United States Department of Transportation or any agency of the federal government for transportation purposes and to cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation. This subsection shall not apply to motor carrier safety assistance program funds made available by the federal government to the Public Service Commission.
  4. The powers, duties and responsibilities of the State Highway Department with respect to the construction and maintenance of the state highway system are transferred to the Mississippi Department of Transportation.
  5. The powers, duties and responsibilities of the Department of Economic and Community Development with respect to aeronautics are transferred to the Mississippi Department of Transportation.
  6. The powers, duties and responsibilities of the State Tax Commission with respect to the weighing of motor vehicles along the highways of this state at inspection stations and by means of portable scales are transferred to the Mississippi Department of Transportation.
  7. The powers, duties and responsibilities of the Department of Economic and Community Development with respect to transportation matters, except with respect to ports, are transferred to the Mississippi Department of Transportation.
  8. The powers, duties and responsibilities of the State Aid Engineer and the Office of State Aid Road Construction are transferred to the Mississippi Department of Transportation.
  9. All powers, duties and responsibilities of the Public Service Commission with regard to railroads, except rate-making authority, are transferred to the Mississippi Department of Transportation. The Mississippi Transportation Commission may perform any act and issue any rule, regulation or order which the commission is permitted to do by the Federal Railroad Safety Act of 1970 (45 USCS et seq.). A copy of any new rule, regulation or order passed by the Mississippi Transportation Commission shall be furnished to members of the Transportation Committees of the Mississippi House of Representatives and the Mississippi Senate. Individuals, corporations or companies affected by the order, rule or regulation shall be notified in accordance with the Mississippi Administrative Procedures Law.
  10. All records, personnel, property and unexpended balances of appropriations, allocation or other funds of all those agencies, boards, commissions, departments, offices, bureaus and divisions that are transferred by Chapter 496, Laws, 1992, shall be transferred to the Mississippi Department of Transportation. The transfer of segregated or special funds shall be made in such a manner that the relation between program and revenue source as provided by law shall be retained.
  11. From and after January 1, 1993, and until January 1, 1994, the Mississippi Department of Transportation and the Mississippi Transportation Commission shall be exempt from State Personnel Board procedures for the purpose of the employment, promotion, realignment, demotion, reprimand, suspension, termination, reallocation, reassignment, transfer, moving or relocation of personnel of all those agencies, boards, commissions, departments, offices, bureaus and divisions whose duties and responsibilities are transferred by Chapter 496, Laws, 1992, to the Mississippi Department of Transportation.

HISTORY: Laws, 1992, ch. 496, § 2; Laws, 1994, ch. 411, § 1; Laws, 1997, ch. 500, § 1, eff from and after passage (approved March 31, 1997).

Editor's Notes —

Laws, 2005, 5th Ex Sess, ch. 24, § 8, provides:

“SECTION 8. The Mississippi Department of Transportation is authorized to perform a study of the feasibility of constructing and operating a monorail transportation system on and along the Mississippi Gulf Coast, and is authorized to escalate its budget and expend any funds received by or made available to the department not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) to defray the expenses of performing the study.”

Laws of 2007, ch. 580, § 5 provides as follows:

“SECTION 5. The Mississippi Department of Transportation and the Mississippi Development Authority are directed to work with the Mississippi congressional delegation to determine the feasibility of designating U.S. 45-A as an interstate highway through Lee, Monroe, Chickasaw, Clay and Lowndes Counties.”

Laws of 2010, ch. 468, § 1, as amended by Laws of 2012, ch. 362, § 1 effective April 17, 2012, provides:

“SECTION 1. (1) There is created the Public Transit Task Force to study and make recommendations with regard to present and future needs of public transportation in Mississippi. The task force shall make a report of its findings and recommendations to the Legislature during the 2012 and 2013 Regular Legislative Sessions.

“(2) The task force shall be composed of the following members:

“(a) The Chairman of the House Transportation Committee;

“(b) The Chairman of the Senate Highways and Transportation Committee;

“(c) One (1) member of the House appointed by the Chairman of the House Transportation Committee;

“(d) One (1) member of the Senate appointed by the Chairman of the Senate Highways and Transportation Committee;

“(e) Two (2) members of the Mississippi Public Transportation Association appointed by the association's executive director;

“(f) The Director of the Public Transit Division of the Mississippi Department of Transportation;

“(g) The Executive Director of the Mississippi Development Authority, or his designee;

“(h) The Executive Director of the Southern High-Speed Rail Commission, or his designee;

“(i) Three (3) persons appointed by the Governor, one (1) from a consumer advisory group composed of citizens who use that public transit on a regular basis, one (1) from the Mississippi State University department; or disciplines that study public transportation; and one (1) who represents either a metropolitan planning organization or a planning and development district; and

“(j) One (1) member appointed by the AARP.

“(3) Appointments shall be made within thirty (30) days after the effective date of this act, and, within fifteen (15) days thereafter on a day to be designated jointly by the Chair of the House Transportation Committee and the Chair of the Senate Highways and Transportation Committee, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman shall also serve as secretary and shall be responsible for keeping all records of the task force. A majority of the members of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members shall be notified in writing of all meetings, such notices to be electronically transmitted or mailed at least seven (7) days before the date on which a meeting is to be held.

“(4) The task force shall be assisted by administrative and legal staff members of the Legislature and any other staff assistance requested of the Mississippi Department of Transportation and the Mississippi Development Authority. To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof, at the request of the chairman of the task force, shall provide to the task force such facilities, assistance and data as will enable the task force properly to carry out its duties.

Laws of 2010, ch. 468 § 2, effective April 1, 2010, provides:

“SECTION 2. In order to carry out the functions and responsibilities necessary to study and make recommendations to the Legislature, the Public Transit Task Force shall:

“(a) Form task force committees based on specific areas of expertise to study the present statewide passenger transit system and infrastructure, including rail and all other forms of public transportation, and to make recommendations for its future construction, rehabilitation, maintenance and improvement, with an emphasis on passenger service areas that are both intercity and within cities.

“(b) Review and consider coordinated transportation plans and related studies done by or through existing state agencies and advisory, policy or research organizations, including the passenger component of the State Rail Plan described in Section 57-43-1.

“(c) Review and consider statewide and regional planning initiatives related to transportation for disadvantaged persons.

“(d) Consider efforts of stakeholder groups to comply with federal requirements for coordinated planning and passenger service delivery.”

Laws of 2010, ch. 441, § 1 provides:

“SECTION 1. (1) The Mississippi Department of Finance and Administration is authorized to transfer at no cost state-owned real property, located on North West Street, Jackson, Mississippi, to the Mississippi Transportation Commission for use by the Mississippi Department of Transportation, being more particularly described as follows:

“Starting at a concrete monument that is the point of intersection of the north line of Woodrow Wilson Avenue and the west line of North West Street, as said avenue and street are now laid out and improved in the City of Jackson, Hinds County, Mississippi; run thence North 00 degrees 05 minutes West along the west line of North West Street for a distance of 1519.80 feet to the point of beginning.

“Run thence North 00 degrees 05 minutes West along said west line of North West Street for a distance of 161.10 feet to a concrete monument that is the southeast corner of the Mississippi State Highway Department shop site; run thence North 89 degrees 30 minutes West along the south line of said Mississippi State Highway Department shop site for a distance of 443.00 feet to a point; run thence South 00 degrees 05 minutes East for a distance of 161.10 feet to a point; run thence South 89 degrees 30 minutes East for a distance of 443.00 feet to the point of beginning.

“All of the above described land being situated in the Northwest 1/4 of the Southeast 1/4 of Section 27, Township 6 North, Range 1 East, in the First Judicial District of Hinds County, Mississippi, and being wholly within the corporate limits of the City of Jackson and containing 1.638 acres.

“(2) The conveyance authorized in this section may be subject to terms and conditions accepted and agreed upon by the Mississippi Department of Finance and Administration and the Mississippi Transportation Commission.

“(3) Mississippi State University and the Board of Trustees of State Institutions of Higher Learning are authorized to remove any and all real or personal property associated with the property described in subsection (1) from the inventory records of the university.”

Laws of 2013, ch. 319, § 1 provides:

“SECTION 1. The Executive Director of the Mississippi Department of Transportation, on behalf of the Mississippi Transportation Commission, is authorized to donate certain real property located in Perry County, Mississippi, to the United States Forest Service or another appropriate federal agency. The property is described in Deed Book 135, Pages 513-514, Chancery Clerk's Office of Perry County, Mississippi, and is more particularly described as follows:

“The East half of Northeast quarter (known as Lot No. 1 and No. 8), Section 35, Township 1 North, Range 11 West, Perry County, Mississippi.

“Tax records of Perry County, Mississippi assess the above described lands as being 86 acres, more or less.

Less and except: All that part of the East One-Half of Northeast Quarter (known as Lot No. 1 and Lot No. 8), Section 35, Township 1 North, Range 11 West, Perry County, Mississippi, lying and being situated East of Black Creek, comprising 32 acres, more or less, as described in Deed Book 166, Pages 15-16, Chancery Clerk's Office of Perry County, Mississippi.

“Yielding an aggregate of 54 acres, more or less.”

Laws of 2015, ch. 419, § 1 provides:

“SECTION 1. (1) The Executive Director of the Mississippi Department of Transportation, on behalf of the Mississippi Transportation Commission, may transfer and convey by mode of donation to the Mayor and the Board of Aldermen of the City of Natchez, Mississippi, certain excess real property located within Natchez, Adams County, Mississippi. The property is more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 419, Laws of 2015.]

“(2) The Secretary of State may transfer and convey by mode of donation to the Mayor and the Board of Aldermen of the City of Natchez, Mississippi, certain excess real property located within Natchez, Adams County, Mississippi. The property is more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 419, Laws of 2015.]

“(3) Parcels One and Two as described in subsections (1) and (2) of this section shall be subject to an easement restricting the use of those parcels to public recreational or educational purposes or such similar public uses, and which such uses shall be compatible with the Natchez Trace Parkway.

“(4) Parcel Three as described in subsection (2) of this section shall be offered for sale by the Mayor and the Board of Aldermen of the City of Natchez pursuant to the provisions of Section 21-17-1. Proceeds of the sale, after payment of reasonable and necessary expenses incident hereto, shall be placed in a special fund of the municipality and shall be used as follows:

“(a) Thirty-three and one-third percent (33-1/3%) for the Historic Natchez Riverfront;

“(b) Thirty-three and one-third percent (33-1/3%) for infrastructure and other costs as contributions to capital projects within Adams County, Mississippi, of the United States of America, Department of the Interior, National Park Service; and

“(c) Thirty-three and one-third percent (33-1/3%) for infrastructure and other costs as contributions to capital projects within Adams County, Mississippi, of the Mississippi Department of Archives and History.

“(5) The State of Mississippi shall retain all mineral rights in the property transferred and conveyed by mode of donation under subsections (1) and (2) of this section.

“(6) At no time after the transfer of the parcels of property described in this section to the City of Natchez shall the property be used as the main operating site or peripheral extension thereof of any casino gaming establishment of any type regardless of the individual or the entity desiring to conduct such operation, whether regulated by the Mississippi Gaming Commission or in compliance with the Indian Gaming Regulatory Act. Any such agreement or attempted agreement entered into by the City of Natchez to sell any property described in this section to any individual or entity for the purpose of establishing a casino gaming establishment shall be void ab initio and shall serve as prima facie evidence and just cause of the property reverting back to the State of Mississippi.”

Laws of 2018, 1st Extraordinary Session, ch. 1, § 13, effective from and after August 29, 2018, provides:

“SECTION 13. The Department of Audit shall conduct and/or enter into contracts for a performance audit of any projects under the Mississippi Department of Transportation. In addition to other factors, the audit shall assess the effect of engineering fees on projects and whether the fees are excessive. The performance audit shall be completed by not later than December 31, 2019. The Department of Audit shall be reimbursed for all expenses of the audit by the Mississippi Department of Transportation. If the Department of Audit enters into a contract with a private entity for the audit required under this section, the department shall ensure that such entity is adequately experienced with auditing other state departments of transportation or similar departments or agencies.”

Cross References —

“Mississippi State Highway Commission” as meaning Mississippi Transportation Commission, see §65-1-1.

Chief Administrative Officer of the State Highway Department as meaning Executive Director of the Mississippi Department of Transportation, see §65-1-1.

Federal Aspects—

United States Department of Transportation, see generally 49 USCS §§ 101 et seq.

The “Federal Railroad Safety Act of 1970” (45 USCS et seq.), referred to in (9), has been repealed. For current provisions, see 49 USCS §§ 20101.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Transportation Commission may acquire by condemnation land or other property of railroads for the construction and maintenance of state highways when a negotiated purchase of the interests cannot be arranged pursuant to its eminent domain authority. Warren, June 23, 2000, A.G. Op. #2000-0290.

The Mississippi Transportation Commission through the use of its regulatory power may require the relocation or abandonment of a railcar storage facility for the purpose of ensuring public safety upon payment of reasonable compensation. Warren, June 23, 2000, A.G. Op. #2000-0290.

The Mississippi Transportation Commission could enter into an agreement with a railroad in which the Mississippi Department of Transportation would pay the railroad reasonable consideration to remove and relocate approximately 9,000 to 11,000 feet of railroad track in a particular tract. Warren, June 23, 2000, A.G. Op. #2000-0290.

The Department of Transportation may use and supervise the Office of State Aid and the State Aid Engineer in the construction of a project to extend a non-state-aid road that is part of the state highway system. Kirk, Mar. 9, 2001, A.G. Op. #01-0075.

JUDICIAL DECISIONS

1. Liability for torts.

Mississippi Department of Transportation met the definition of an agency of the state that could be held potentially liable in tort as an arm of the state to personal injury plaintiffs under the Mississippi Tort Claims Act, Miss. Code Ann. §11-46-1 et seq. Johnson v. James Constr. Group, LLC, 306 F. Supp. 2d 654, 2004 U.S. Dist. LEXIS 2597 (S.D. Miss. 2004).

§ 65-1-3. Mississippi Transportation Commission [Effective until July 1, 2019].

There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.

On Tuesday after the first Monday in November of the year 1951, and every four (4) years thereafter, state highway commissioners shall be elected at the same time and in the same manner as the Governor is chosen; and the laws governing primary elections and the holding of general elections in this state shall apply to and govern the nomination and election of state highway commissioners. The state highway commissioners so elected shall enter upon the discharge of the duties of their respective offices on the first Monday of January in the year next succeeding the date of their election, and they shall serve for a term of four (4) years and until their successors shall have been duly elected and qualified.

If any one or more of the state highway commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court district in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a state highway commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable.

Each of said state highway commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.

From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi transportation commissioners.

HISTORY: Codes, 1930, § 4989; 1942, § 8014; Laws, 1930, ch. 47; Laws, 1936, ch. 200; Laws, 1948, ch. 332, § 1; Laws, 1992, ch. 496, § 3, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 2013, ch. 427, § 1 provides:

“SECTION 1. (1) The Mississippi Transportation Commission may transfer and convey by mode of donation to the City of Canton, Mississippi, all of the rights, title and interest in certain real property located within Madison County, Mississippi, the property being more particularly described as follows:

[For complete description of the property, see § 1, ch. 427, Laws of 2013]

“(2) The State of Mississippi shall retain all mineral rights in the property transferred and conveyed by mode of donation under subsection (1) of this section.”

Laws of 2014, ch. 360, § 1 provides:

“SECTION 1. The Department of Finance and Administration, acting on behalf of the Mississippi State Veterans Affairs Board and the Mississippi State Veterans Home in Oxford, Mississippi, shall convey and transfer, without compensation, to the Mississippi Transportation Commission, all of the rights, title and interest in certain real property located in the City of Oxford, Lafayette County, Mississippi, the property being described more particularly as follows:

“WARRANTY “INDEXING INSTRUCTIONS: SE 1/4 of the NW 1/4, & SW 1/4 of the NE 1/4 of Section 4, Township 9 South, Range 3 West, in the City of Oxford, Lafayette County, MS

“The following description is based on the Mississippi State Plane Coordinate System, East Zone, NAD 83 (93) grid values, U.S. Survey Feet, using a combined factor of 0.999984427 and a convergence angle of negative(-) 00 degrees 23 minutes 01 seconds as developed by the Mississippi Department of Transportation for Project No. 102168-202000. It is the intent of this description to convey that portion of the grantors property lying within the new right-of-way as defined by said project:

“Commence at a 1/2´´ rebar found at the northwest corner of Section 4, Township 9 South, Range 3 West, Lafayette County, Mississippi, the location of said monument being defined by state plane coordinates of N 1,760,053.55 and E 774,981.89.

“From said Point of Commencement run South 45 degrees 55 minutes 56 seconds East a distance of 3543.93 feet to a point at the intersection of the grantor’s southern property line (also being the existing (2012) northern right-of-way line of Veteran’s Drive) and the proposed western right-of-way line of referenced State Project, said point being defined by state plane coordinates of N 1,757,588.72 and E 777,528.26 and hereinafter referred to as the Point of Beginning.

“From said Point of Beginning run along the proposed western right-of-way line of the above referenced State Project the following courses and distances:

“North 44 degrees 52 minutes 40 seconds East a distance of 53.83 feet to a point 95.00 feet northerly of and perpendicular to the centerline survey of Veteran’s Drive at station 6+10.00;

“North 83 degrees 26 minutes 54 seconds East a distance of 131.24 feet to a point 135.00 feet northerly of and perpendicular to the centerline survey of Veteran’s Drive at station 7+35.00, said point is hereby designated as point ‘H-1’ for future reference;

“North 14 degrees 21 minutes 42 seconds East a distance of 162.74 feet to a point 260.00 feet westerly of and perpendicular to the centerline survey of State Route 7 at station 1378+65.00;

“North 26 degrees 42 minutes 25 seconds East a distance of 246.46 feet to a point 202.73 feet westerly of and perpendicular to the centerline survey of State Route 7 at station 138 1+00.00, said point is hereby designated as point ‘H-2’ for future reference;

“North 26 degrees 42 minutes 25 seconds East a distance of 104.17 feet to a point 180.00 feet westerly of and perpendicular to the centerline survey of State Route 7 at station 1382+00.00;

“Northerly with a curve turning to the right with a radius of 11,696.29 feet, an arc length of 293.31 feet, a chord bearing of North 15 degrees 04 minutes 17 seconds East, and a chord length of 293.30 feet, to a point 180.00 feet westerly of and perpendicular to the centerline survey of State Route 7 at station 1384+88.80;

“North 15 degrees 47 minutes 23 seconds East a distance of 293.65 feet to a point 180.00 feet westerly of and perpendicular to the centerline survey of State Route 7 at station 1387+82.44, said point also being on the grantor’s northern property line;

“Thence leaving the proposed western right-of-way line of the above referenced State Project and along the grantor’s northern property line, run South 88 degrees 52 minutes 51 seconds East a distance of 82.70 feet to a point on the existing (2012) western right-of-way line of State Route 7;

“Thence leaving the grantor’s northern property line and along the existing western right-of-way line of State Route 7 the following courses and distances:

“South 15 degrees 47 minutes 23 seconds West a distance of 314.59 feet;

“Southerly with a curve turning to the left with a radius of 11616.29 feet, an arc length of 871.48 feet, a chord bearing of South 13 degrees 38 minutes 26 seconds West, and a chord length of 871.27 feet, to a point on the grantor’s southern property line (also the existing northern right-of-way line of Veteran’s Drive);

“Thence leaving the existing western right-of-way line of State Route 7 and along the grantor’s southern property line, run North 78 degrees 57 minutes 54 seconds West a distance of 320.01 feet back to the Point of Beginning.

“The above described parcel of land contains 3.14 acres, (136,942 square feet), more or less, and is situated in the Southeast Quarter of the Northwest Quarter, and the Southwest Quarter of the Northeast Quarter of Section 4, Township 9 South, Range 3 West, in the City of Oxford, Lafayette County, Mississippi.

“Together with any and all abutter’s rights of access, if any, in, to, over, on, and across the above described proposed right-of-way line between Point ‘H-1’ and Point ‘H-2’ as described above and as shown on the Right-of-Way Acquisition maps for the above referenced highway project.”

Cross References —

Appointment of assistant attorneys general, to handle legal affairs of transportation commission, see §7-5-13.

Provision that three transportation commissioners shall be elected in 1987 and every four years thereafter, see §23-15-193.

Nominations for state, district, county, and county district offices which are elective, see §§23-15-291 et seq.

Provisions prohibiting the Mississippi Transportation Commission or members thereof from employing excess numbers of highway workers during certain months in years in which a general primary election is to be held, and prohibiting excessive expenditures during those months, see §23-15-881.

Vacancy in elective or appointive office upon failure of officer to qualify, see §25-1-7.

Oath of office of public officers, see §§25-1-9,25-1-11.

Vacancy created by removal of public officer from office, see §25-1-59.

Compensation of transportation commission, see §25-3-31.

Removal of public officers from office, see §25-5-1.

Surface mining and reclamation of land, see §§53-7-1 et seq.

Additional bonds required of the commissioners and director, see §65-1-151.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 12 et seq.

CJS.

39A C.J.S., Highways §§ 155 et seq.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former law.

1.-5. [Reserved for future use.]

6. Under former law.

Injunction restraining Highway Commission from putting bridge across canal with piers so placed as to obstruct free flow of water was proper. Mississippi State Highway Com. v. Yellow Creek Drainage Dist., 181 Miss. 651, 180 So. 749, 1938 Miss. LEXIS 105 (Miss. 1938).

Highway commission is an agency of the State. Mississippi State Highway Com. v. Yellow Creek Drainage Dist., 181 Miss. 651, 180 So. 749, 1938 Miss. LEXIS 105 (Miss. 1938).

State highway commission was not liable for negligence of its engineers in so constructing ditches on sides of highway as to cause water of creek to overflow owners’ farm lands. State Highway Com. v. Knight, 170 Miss. 60, 154 So. 263, 1934 Miss. LEXIS 97 (Miss. 1934).

Statutory provision as to election of highway commissioners, if invalid, is inseparable from other provisions. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

§ 65-1-3. Mississippi Transportation Commission [Effective July 1, 2019].

There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court Districts of the state. Only qualified electors who are citizens of the Supreme Court District in which he or she seeks election for five (5) years immediately preceding the day of the election shall be eligible for such office; however, the five-year citizen requirement shall apply to elections held from and after January 1, 2020.

On Tuesday after the first Monday in November of the year 1951, and every four (4) years thereafter, State Highway Commissioners shall be elected at the same time and in the same manner as the Governor is chosen; and the laws governing primary elections and the holding of general elections in this state shall apply to and govern the nomination and election of State Highway Commissioners. The State Highway Commissioners so elected shall enter upon the discharge of the duties of their respective offices on the first Monday of January in the year next succeeding the date of their election, and they shall serve for a term of four (4) years and until their successors shall have been duly elected and qualified.

If any one or more of the State Highway Commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court District in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a State Highway Commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable.

Each of said State Highway Commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.

From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi Transportation Commissioners.

HISTORY: Codes, 1930, § 4989; 1942, § 8014; Laws, 1930, ch. 47; Laws, 1936, ch. 200; Laws, 1948, ch. 332, § 1; Laws, 1992, ch. 496, § 3, eff from and after July 1, 1992; Laws, 2019, ch. 433, § 2, eff from and after July 1, 2019.

§ 65-1-5. Organization and meetings.

When the transportation commissioners enter upon the duties of their office, the Transportation Commission shall meet and organize by the election of one (1) of its members to serve as chairman of the commission for the four-year term for which the commissioner shall have been elected. The commission, a majority of which shall constitute a quorum, shall meet in regular session on the second Tuesday of each month at the office of the commission in Jackson, Mississippi; however, the commission may meet in regular session not more than three (3) times each year at such other location as may be set by the commission. At such regular sessions the commission may hear, continue and determine any and all matters coming before it. The commission may hold special sessions at the call of the executive director or the chairman at such times and places in this state as either of them may deem necessary. At such special sessions it may hear, continue, consider and determine any and all matters coming before it, provided that at least five (5) days’ notice of such meetings shall be given to all the members of the commission beforehand. A special session may be called at any time without the foregoing notice, or any notice, if by and with the unanimous consent of all the members of the commission, but such unanimous consent shall be spread at large on the minutes of the commission. If any session is held at a location other than at the commission’s office in Jackson, Mississippi, the commission shall make provisions to allow public participation in the meeting by appearing at the Jackson office.

The Mississippi Transportation Commission shall act as a legal entity, and shall only speak through its minutes, and in all matters shall act as a unit. Any action on the part of any member of the commission separately shall not bind the commission as a unit, but such individual member only shall be liable personally on his official bond.

The Mississippi Transportation Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any court of justice having jurisdiction of the subject matter of any such suit.In any suit against the Mississippi Transportation Commission service of process shall be had by serving the secretary of the commission with such process; and a copy of the declaration, petition or bill of complaint, or other initial pleading shall be handed the secretary along with the process.

HISTORY: Codes, 1930, § 4993; 1942, § 8018; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 5; Laws, 1992, ch. 496, § 4; Laws, 2004, ch. 337, § 1, eff from and after passage (approved Apr. 19, 2004.).

Amendment Notes —

The 2004 amendment, in the first paragraph, added “however the commission may meet in regular session not more than three (3) times each year at such other location as may be set by the commission” at the end of the second sentence, and added the last sentence.

JUDICIAL DECISIONS

1. In general.

The statute is mandatory rather than merely directory. Ronald Adams Contr., Inc. v. Mississippi Transp. Comm'n, 777 So. 2d 649, 2000 Miss. LEXIS 231 (Miss. 2000).

The portion of §65-1-5, providing that the Mississippi Transportation Commission “may sue or be sued,” was enacted in 1992 and became effective from and after July 1, 1992, and thus was not applicable to a tort action arising out of an automobile collision which occurred on April 4, 1991. Wesley v. Mississippi Transp. Comm'n, 857 F. Supp. 523, 1994 U.S. Dist. LEXIS 10036 (S.D. Miss. 1994).

The execution of a warranty deed and its delivery to the chief negotiator for the state highway commission did not constitute a consummation of the sale and purchase until the action had been accepted by the commission, which cannot be bound absent affirmative action taken by appropriate entry on its minutes. Mississippi State Highway Com. v. Sanders, 269 So. 2d 350, 1972 Miss. LEXIS 1225 (Miss. 1972).

§ 65-1-7. Compensation of the commissioners.

The three (3) commissioners chosen as herein provided, and their successors, shall each receive as compensation for their services salaries fixed by the Legislature, and in addition shall be allowed all of their actual and necessary traveling and other expenses incurred in the performance of their respective official duties.

HISTORY: Codes, 1930, § 4994; 1942, § 8019; Laws, 1930, ch. 47; Laws, 1932, ch. 133; Laws, 1948, ch. 332, § 6; Laws, 1952, ch. 335, § 4; Laws, 1958, ch. 336; Laws, 1966, ch. 445; Laws, 1974, ch. 402, eff from and after passage (approved March 25, 1974).

Cross References —

Salaries of commissioners, see also §25-3-31.

§ 65-1-8. Authority and powers of the commission.

  1. The Mississippi Transportation Commission shall have the following general powers, duties and responsibilities:
    1. To coordinate and develop a comprehensive, balanced transportation policy for the State of Mississippi;
    2. To promote the coordinated and efficient use of all available and future modes of transportation;
    3. To make recommendations to the Legislature regarding alterations or modifications in any existing transportation policies;
    4. To study means of encouraging travel and transportation of goods by the combination of motor vehicle and other modes of transportation;
    5. To take such actions as are necessary and proper to discharge its duties pursuant to the provisions of Chapter 496, Laws of 1992, and any other provision of law;
    6. To receive and provide for the expenditure of any funds made available to it by the Legislature, the federal government or any other source.
  2. In addition to the general powers, duties and responsibilities listed in subsection (1) of this section, the Mississippi Transportation Commission shall have the following specific powers:
    1. To make rules and regulations whereby the Transportation Department shall change or relocate any and all highways herein or hereafter fixed as constituting a part of the state highway system, as may be deemed necessary or economical in the construction or maintenance thereof; to acquire by gift, purchase, condemnation or otherwise, land or other property whatsoever that may be necessary for a state highway system as herein provided, with full consideration to be given to the stimulation of local public and private investment when acquiring such property in the vicinity of Mississippi towns, cities and population centers;
    2. To enforce by mandamus, or other proper legal remedies, all legal rights or rights of action of the Mississippi Transportation Commission with other public bodies, corporations or persons;
    3. To make and publish rules, regulations and ordinances for the control of and the policing of the traffic on the state highways, and to prevent their abuse by any or all persons, natural or artificial, by trucks, tractors, trailers or any other heavy or destructive vehicles or machines, or by any other means whatsoever, by establishing weights of loads or of vehicles, types of tires, width of tire surfaces, length and width of vehicles, with reasonable variations to meet approximate weather conditions, and all other proper police and protective regulations, and to provide ample means for the enforcement of same. The violation of any of the rules, regulations or ordinances so prescribed by the commission shall constitute a misdemeanor. No rule, regulation or ordinance shall be made that conflicts with any statute now in force or which may hereafter be enacted, or with any ordinance of municipalities. A monthly publication giving general information to the boards of supervisors, employees and the public may be issued under such rules and regulations as the commission may determine;
    4. To give suitable numbers to highways and to change the number of any highway that shall become a part of the state highway system. However, nothing herein shall authorize the number of any highway to be changed so as to conflict with any designation thereof as a U.S. numbered highway. Where, by a specific act of the Legislature, the commission has been directed to give a certain number to a highway, the commission shall not have the authority to change such number;
      1. To make proper and reasonable rules, regulations, and ordinances for the placing, erection, removal or relocation of telephone, telegraph or other poles, signboards, fences, gas, water, sewerage, oil or other pipelines, and other obstructions that may, in the opinion of the commission, contribute to the hazards upon any of the state highways, or in any way interfere with the ordinary travel upon such highways, or the construction, reconstruction or maintenance thereof, and to make reasonable rules and regulations for the proper control thereof. Any violation of such rules or regulations or noncompliance with such ordinances shall constitute a misdemeanor;
      2. Except as otherwise provided for in this paragraph, whenever the order of the commission shall require the removal of, or other changes in the location of telephone, telegraph or other poles, signboards, gas, water, sewerage, oil or other pipelines; or other similar obstructions on the right-of-way or such other places where removal is required by law, the owners thereof shall at their own expense move or change the same to conform to the order of the commission. Any violation of such rules or regulations or noncompliance with such orders shall constitute a misdemeanor;
      3. Rural water districts, rural water systems, nonprofit water associations and municipal public water systems in municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of water and sewer lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2002, shall be paid by the Department of Transportation;
      4. Municipal public sewer systems and municipal gas systems owned by municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2003, shall be paid by the Department of Transportation;
    5. To regulate and abandon grade crossings on any road fixed as a part of the state highway system, and whenever the commission, in order to avoid a grade crossing with the railroad, locates or constructs said road on one side of the railroad, the commission shall have the power to abandon and close such grade crossing, and whenever an underpass or overhead bridge is substituted for a grade crossing, the commission shall have power to abandon such grade crossing and any other crossing adjacent thereto. Included in the powers herein granted shall be the power to require the railroad at grade crossings, where any road of the state highway system crosses the same, to place signal posts with lights or other warning devices at such crossings at the expense of the railroad, and to regulate and abandon underpass or overhead bridges and, where abandoned because of the construction of a new underpass or overhead bridge, to close such old underpass or overhead bridge, or, in its discretion, to return the same to the jurisdiction of the county board of supervisors;
    6. To make proper and reasonable rules and regulations to control the cutting or opening of the road surfaces for subsurface installations;
    7. To make proper and reasonable rules and regulations for the removal from the public rights-of-way of any form of obstruction, to cooperate in improving their appearance, and to prescribe minimum clearance heights for seed conveyors, pipes, passageways or other structure of private or other ownership above the highways;
    8. To establish, and have the Transportation Department maintain and operate, and to cooperate with the state educational institutions in establishing, enlarging, maintaining and operating a laboratory or laboratories for testing materials and for other proper highway purposes;
    9. To provide, under the direction and with the approval of the Department of Finance and Administration, suitable offices, shops and barns in the City of Jackson;
    10. To establish and have enforced set-back regulations;
    11. To cooperate with proper state authorities in producing limerock for highway purposes and to purchase same at cost;
    12. To provide for the purchase of necessary equipment and vehicles and to provide for the repair and housing of same, to acquire by gift, purchase, condemnation or otherwise, land or lands and buildings in fee simple, and to authorize the Transportation Department to construct, lease or otherwise provide necessary and proper permanent district offices for the construction and maintenance divisions of the department, and for the repair and housing of the equipment and vehicles of the department; however, in each Supreme Court district only two (2) permanent district offices shall be set up, but a permanent status shall not be given to any such offices until so provided by act of the Legislature and in the meantime, all shops of the department shall be retained at their present location. As many local or subdistrict offices, shops or barns may be provided as is essential and proper to economical maintenance of the state highway system;
    13. To cooperate with the Department of Archives and History in having placed and maintained suitable historical markers, including those which have been approved and purchased by the State Historical Commission, along state highways, and to have constructed and maintained roadside driveways for convenience and safety in viewing them when necessary;
    14. To cooperate, in its discretion, with the Mississippi Department of Wildlife, Fisheries and Parks in planning and constructing roadside parks upon the right-of-way of state highways, whether constructed, under construction, or planned; said parks to utilize where practical barrow pits used in construction of state highways for use as fishing ponds. Said parks shall be named for abundant flora and fauna existing in the area or for the first flora or fauna found on the site;
    15. Unless otherwise prohibited by law, to make such contracts and execute such instruments containing such reasonable and necessary appropriate terms, provisions and conditions as in its absolute discretion it may deem necessary, proper or advisable, for the purpose of obtaining or securing financial assistance, grants or loans from the United States of America or any department or agency thereof, including contracts with several counties of the state pertaining to the expenditure of such funds;
    16. To cooperate with the Federal Highway Administration in the matter of location, construction and maintenance of the Great River Road, to expend such funds paid to the commission by the Federal Highway Administration or other federal agency, and to authorize the Transportation Department to erect suitable signs marking this highway, the cost of such signs to be paid from state highway funds other than earmarked construction funds;
    17. To cooperate, in its discretion, with the Mississippi Forestry Commission and the School of Forestry, Mississippi State University, in a forestry management program, including planting, thinning, cutting and selling, upon the right-of-way of any highway, constructed, acquired or maintained by the Transportation Department, and to sell and dispose of any and all growing timber standing, lying or being on any right-of-way acquired by the commission for highway purposes in the future; such sale or sales to be made in accordance with the sale of personal property which has become unnecessary for public use as provided for in Section 65-1-123, Mississippi Code of 1972;
    18. To expend funds in cooperation with the Division of Plant Industry, Mississippi Department of Agriculture and Commerce, the United States government or any department or agency thereof, or with any department or agency of this state, to control, suppress or eradicate serious insect pests, rodents, plant parasites and plant diseases on the state highway rights-of-way;
    19. To provide for the placement, erection and maintenance of motorist services business signs and supports within state highway rights-of-way in accordance with current state and federal laws and regulations governing the placement of traffic control devices on state highways, and to establish and collect reasonable fees from the businesses having information on such signs;
    20. To request and to accept the use of persons convicted of an offense, whether a felony or a misdemeanor, for work on any road construction, repair or other project of the Transportation Department. The commission is also authorized to request and to accept the use of persons who have not been convicted of an offense but who are required to fulfill certain court-imposed conditions pursuant to Section 41-29-150(d)(1) or 99-15-26, Mississippi Code of 1972, or the Pretrial Intervention Act, being Sections 99-15-101 through 99-15-127, Mississippi Code of 1972. The commission is authorized to enter into any agreements with the Department of Corrections, the State Parole Board, any criminal court of this state, and any other proper official regarding the working, guarding, safekeeping, clothing and subsistence of such persons performing work for the Transportation Department. Such persons shall not be deemed agents, employees or involuntary servants of the Transportation Department while performing such work or while going to and from work or other specified areas;
    21. To provide for the administration of the railroad revitalization program pursuant to Section 57-43-1 et seq.;
    22. The Mississippi Transportation Commission is further authorized, in its discretion, to expend funds for the purchase of service pins for employees of the Mississippi Transportation Department;
    23. To cooperate with the State Tax Commission by providing for weight enforcement field personnel to collect and assess taxes, fees and penalties and to perform all duties as required pursuant to Section 27-55-501 et seq., Sections 27-19-1 et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq., Mississippi Code of 1972, with regard to vehicles subject to the jurisdiction of the Office of Weight Enforcement. All collections and assessments shall be transferred daily to the State Tax Commission;
    24. The Mississippi Transportation Commission may delegate the authority to enter into a supplemental agreement to a contract previously approved by the commission if the supplemental agreement involves an additional expenditure not to exceed One Hundred Thousand Dollars ($100,000.00);
      1. The Mississippi Transportation Commission, in its discretion, may enter into agreements with any county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, for the purpose of accelerating the completion date of scheduled highway construction projects.
      2. Such an agreement may permit the cost of a highway construction project to be advanced to the commission by a county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, and repaid to such entity by the commission when highway construction funds become available; provided, however, that repayment of funds advanced to the Mississippi Transportation Commission shall be made no sooner than the commission’s identified projected revenue schedule for funding of that particular construction project, and no other scheduled highway construction project established by statute or by the commission may be delayed by an advanced funding project authorized under this paragraph (z). Repayments to a private entity that advances funds to the Mississippi Transportation Commission under this paragraph (z) may not include interest or other fees or charges, and the total amount repaid shall not exceed the total amount of funds advanced to the commission by the entity.
      3. In considering whether to enter into such an agreement, the commission shall consider the availability of financial resources, the effect of such agreement on other ongoing highway construction, the urgency of the public’s need for swift completion of the project and any other relevant factors.
      4. Such an agreement shall be executed only upon a finding by the commission, spread upon its minutes, that the acceleration of the scheduled project is both feasible and beneficial. The commission shall also spread upon its minutes its findings with regard to the factors required to be considered pursuant to subparagraph (iii) of this paragraph (z);
    25. The Mississippi Transportation Commission, in its discretion, may purchase employment practices liability insurance, and may purchase an excess policy to cover catastrophic losses incurred under the commission’s self-insured workers’ compensation program authorized under Section 71-3-5. Such policies shall be written by the agent or agents of a company or companies authorized to do business in the State of Mississippi. The deductibles shall be in an amount deemed reasonable and prudent by the commission, and the premiums thereon shall be paid from the State Highway Fund. Purchase of insurance under this paragraph shall not serve as an actual or implied waiver of sovereign immunity or of any protection afforded the commission under the Mississippi Tort Claims Act;
    26. The Mississippi Transportation Commission is further authorized, in its discretion, to expend funds for the purchase of promotional materials for safety purposes, highway beautification purposes and recruitment purposes;
    27. To lease antenna space on communication towers which it owns;
    28. To receive funds from the Southeastern Association of Transportation Officials and from other nonstate sources and expend those funds for educational scholarships in transportation related fields of study. The commission may adopt rules or regulations as necessary for the implementation of the program. A strict accounting shall be made of all funds deposited with the commission and all funds dispersed.

HISTORY: Laws, 1981, ch. 464, § 2; Laws, 1983, ch. 395, § 1; Laws, 1984, ch. 305, § 2; Laws, 1984, ch. 495, § 32; Laws, 1985, ch. 474, § 55; Laws, 1986, ch. 438, § 46; Laws, 1987, ch. 483, § 47; Laws, 1988, ch. 442, § 44; Laws, 1989, ch. 537, § 42; Laws, 1990, ch. 377, § 1; Laws, 1990, ch. 518, § 43; Laws, 1991, ch. 530, § 9; Laws, 1991, ch. 618, § 43; Laws, 1992, ch. 491 § 45; Laws, 1992, ch. 496, § 5; Laws, 1994, ch. 491, § 1; Laws, 1999, ch. 461, § 45; Laws, 2000, ch. 474, § 1; Laws, 2002, ch. 325 , § 1; Laws, 2002, ch. 556, § 6; Laws, 2003, ch. 354, § 1; Laws, 2003, ch. 457, § 1; Laws, 2003, ch. 463, § 1; Laws, 2003, ch. 564, § 2; Laws, 2004, ch. 562, § 3; Laws, 2005, ch. 306, § 1; Laws, 2013, ch. 468, § 1, eff from and after passage (approved Mar. 26, 2013).

Joint Legislative Committee Note —

Section 1 of ch. 325, Laws, 2002, effective from and after July 1, 2002 (approved March 18, 2002), amended this section. Section 6 of ch. 556, Laws, 2002, effective from and after July 1, 2002 (approved April 10, 2002), also amended this section. As set out above, this section reflects the language of Section 6 of ch. 556, Laws, 2002, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest effective date shall supersede all other amendments to the same section approved on an earlier date.

Section 1 of ch. 457, Laws, 2003, effective from and after March 23, 2003, amended this section. Section 1 of ch. 354, Laws, 2003, effective from and after July 1, 2003 (approved March 12, 2003), also amended this section. Section 1 of ch. 463, Laws, 2003, effective from and after July 1, 2003 (approved March 23, 2003), also amended this section. Section 2 of ch. 564, Laws, 2003, effective from and after July 1, 2003 (approved April 24, 2003), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 564, Laws, 2003, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Editor’s Notes —

Laws, 1999, ch. 461, §§ 50, 51, provide:

“SECTION 50. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under Title 27, Chapters 55, 57 and 61, Mississippi Code of 1972, prior to July 1, 1999, whether such assessments, appeals, suits, claims or actions shall have been begun before July 1, 1999, or shall thereafter be begun; and the provisions of the aforesaid laws and amendments thereto are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the executing of any warrant thereunder prior to July 1, 1999, or for the filing of reports, and for the imposition of any penalties, forfeitures or claims for failure to comply therewith.”

“SECTION 51. Section 36 of this act shall take effect and be in force from and after September 1, 1999. The remainder of this act shall take effect and be in force from and after July 1, 1999.”

Laws of 2011, ch. 447, § 1, provides:

“SECTION 1. (1) The Mississippi Transportation Commission shall donate to the Town of Walnut Grove all of its right, title and interest in certain real property located in the Town of Walnut Grove, Leake County, Mississippi, more particularly described as follows:

“LOTS 6, 7, 8, that part of LOT 9 that is opposite LOTS 6 and 7, and that part of 20 ft. width alley that is between LOTS 6 and 7, and LOT 9; all in Block G of Chadwick Addition, Town of Walnut Grove, Mississippi.

“(2) The State of Mississippi shall retain all mineral rights in the property donated under subsection (1) of this section.”

Laws of 2012, ch. 458, § 1 provides:

“SECTION 1. (1)(a) In consideration for the conveyance of property authorized in subsection (2) of this section, the Mississippi Transportation Commission may transfer and convey to the GM O Rails to Trails Recreational District of North Mississippi, all of the rights, title and interest in certain real property located in Pontotoc County, Mississippi, the property being more particularly described as follows:

“Commencing at a right-of-way marker (found) at the Northwest corner of the Doris M. Seale property as recorded in Deed Book 771, Page 44 at the Pontotoc County Chancery Clerk’s office in Pontotoc, Mississippi; said point being on the Eastern right-of-way line of Highway 15 and 50 feet Easterly of Station 1357+00; thence run, along said right-of-way line and the Northern Seale boundary line, North 83 degrees 34 minutes 55 seconds East of a distance of 15 feet to a point 65 feet Easterly of Station 1357+00 for a Point of Beginning; said point begin on a simple circular curve which is 65 feet East of and parallel to the centerline of Highway 15 and having the following characteristics: Chord Bearing = North 10 degrees 24 minutes 07 seconds West; Chord Length = 401.57 feet; Radius = 2933.77 feet; thence, leaving said Northern property line and right-of-way line, run along said curve to the left in a Northerly direction for a distance of 401.89 feet to a point where said curve intersects the existing Eastern right-of-way line of Highway 15; thence run along said Eastern right-of-way line South 22 degrees 10 minutes 41 seconds East for a distance of 416.25 feet to a right-of-way marker (found) on the Northern boundary of said Seale property which is 150 feet Easterly of Station 1357+00; thence run along said Northern Seale boundary line and said existing right-of-way line, South 83 degrees 34 minutes 55 seconds West for a distance of 85.16 feet to the Point of Beginning.

“Indexing Instructions: Lying and being partly in the Northeast Quarter of Section 32 and partly in the Northwest Quarter of Section 31, Township 9 South, Range 3 East, Pontotac County, Chickasaw Meridian, Mississippi, and containing 0.35 acres more or less.

“(b) The State of Mississippi shall retain all mineral rights in the property and all rights to timber standing or growing on the property transferred and conveyed by mode of donation under subsection (1) of this section. The state shall have a reasonable time after the transfer and conveyance to remove said timber. If any property conveyed or transferred shall not, within ten (10) years of the date of conveyance and transfer, be used for public or economic development uses, then such property shall revert to the State of Mississippi.

“(2) In consideration for the conveyance of property authorized in subsection (1) of this section, the GM O Rails to Trails Recreational District of North Mississippi may transfer and convey to the Mississippi Transportation Commission all of the rights, title and interest in certain real property located in Pontotoc County, Mississippi, the property being more particularly described as follows:

“Commencing at a railroad spike (found) recognized as being the Southeast corner of the South Quarter of Section 30, Township 9 South, Range 3 East, Pontotoc County, Chickasaw Meridian, Mississippi; thence run North 50 degrees 54 minutes 36 seconds West for a distance of 335.36 feet to a point on the Eastern right-of-way of Highway 15 which is 32 feet Easterly of Station 102+12 for a point of Beginning; then run, along said Eastern right-of-way line, North 13 degrees 14 minutes 45 seconds West for a distance of 338.58 feet to a right-of-way marker (found) 59.33 feet Easterly of Station 105+50; thence, leaving said right-of-way line, run North 72 degrees 07 minutes 26 seconds East for a distance of 5.67 feet to a point 65 feet Easterly of Station 105+50; thence run, along a line 65 feet East of and parallel to the centerline of said Highway 15, South 17 degrees 52 minutes 34 seconds East for a distance of 907.78 feet to a point 65 feet Easterly of Station 1362+70.71; said point being the point of tangency of a simple circular curve 65 feet East of and parallel to the centerline of said Highway 15 and having the following characteristics: Chord Bearing = South 16 degrees 06 minutes 05 seconds East; Chord Length = 181.73 feet; Radius = 2933.77 feet; thence run along said curve to the right in a Southerly direction for a distance of 181.76 feet to a point where said curve intersects the existing Eastern right-of-way line of Highway 15; thence run, along said Eastern right-of-way line, North 22 degrees 10 minutes 41 seconds West for a distance of 364.90 to a point 32 feet Easterly of Station 1364+52.93; thence continue along said Eastern right-of-way line (32 feet East of and parallel to centerline) North 17 degrees 52 minutes 34 seconds West for a distance of 388.08 feet to the Point of Beginning.

“Indexing Instructions: Lying and being partly in the Southeast Quarter of Section 30 and partly in the Northwest Quarter of Section 31, Township 9 South, Range 3 East, Pontotoc County, Chickasaw Meridian, Mississippi, and containing 0.60 acres more or less.”

Laws of 2012, ch. 553, § 3 provides:

“SECTION 3. (1) The Department of Finance and Administration, subject to survey, may convey to the Mississippi Transportation Commission all of the rights, title and interest in certain real property along North West Street located within the City of Jackson, Hinds County, Mississippi, described more specifically as follows:

“Beginning at the southwest corner of a 2.888 acre parcel of land owned by Mississippi State Highway Commission recorded in Book 736 Page 501 of the records of the Chancery Clerk of Hinds County; said corner being the POINT of BEGINNING for the following parcel:

“From said corner thence run S 12° 08’ 51‘ W for a distance of 22.14’ along the ROW of North Mill St. thence run S 28° 24’ 18‘ E for a distance of 30.45’ thence run S 29° 57’ 13‘ E for a distance of 20.22’ thence run S 32° 39’ .02‘ E for a distance of 19.96’ thence run S 37° 35’ 23‘ E for a distance of 39.91’ thence run S 39° 27’ 32‘ E for a distance of 20.11’ thence run S 40° 02’ 21‘ E for a distance of 19.81’ thence run S 43° 31’ 06‘ E for a distance of 19.64’ thence run S 49° 07’ 51‘ E for a distance of 20.00’ thence run S 52° 40’ 14‘ E for a distance of 19.12’ thence run N 28° 27’ 28‘ E for a distance of 61.40’ thence run N 89° 32’ 07‘ E for a distance of 392.06’ thence run N 00° 09’ 23‘ E for a distance of 126.11’ thence run N 89° 55’ 28‘ W for a distance of 546.06’ to the POINT of BEGINNING containing 1.598 acres being located in the S 1/2 of Section 27 T6N, R1E City of Jackson, Hinds County, Mississippi.

“(2) The State of Mississippi shall retain all rights to minerals in the property. If the property conveyed shall not, within ten (10) years of the date of conveyance, be used for public uses, then the property shall revert to the State of Mississippi.”

Amendment Notes —

The first 2003 amendment (ch. 354) added (2)(aa).

The second 2003 amendment (ch. 457) also added a (2)(aa).

The third 2003 amendment (ch. 463) added (2)(e)(iv).

The fourth 2003 amendment (ch. 564) renumbered (2)(aa), as added by Laws, 2003, ch. 354, as (2)(bb); and made minor punctuation changes.

The 2004 amendment substituted “a private entity” for “an entity” in the second sentence of (2)(z)(ii).

The 2005 amendment added (2)(cc).

The 2013 amendment substituted “subparagraph” for “item” preceding “(iii) of this paragraph (z)” at the end of (2)(z)(iv); added (2)(dd); and made a related change.

Cross References —

Mississippi Tort Claims Act, see §§11-46-1 et seq.

State Department of Archives and History, see generally §§39-5-1 et seq.

Use of inmates of correctional institutions on state highway projects, see §47-5-133.

Mississippi Department of Wildlife, Fisheries and Parks, generally, see §49-4-1 et seq.

State Forestry Commission, see generally §49-19-1 et seq.

Powers and duties of the commission in connection with outdoor advertising, see §§49-23-1 et seq.

Authority of the highway commission to convey to United States government rights-of-way for construction of national highway or parkway, see §§55-5-7 et seq.

Surveys, studies and plans by Transportation Commission in connection with national parkways, see §§55-5-23,55-5-25.

Definition of term “traffic control devices”, see §63-3-133.

Prohibition of unauthorized signs, signals, etc., upon or in view of any highway, see §63-3-317.

Highway speed limits and power of the commission to adjust speed limits, see §§63-3-501,63-3-503.

District offices for repair and housing of equipment and vehicles of State Department of Transportation, see §65-1-21.

Authority of Transportation Commission to contract with other entities as to matters concerning highways, see §§65-1-25 through65-1-29.

Eminent domain power of the commission, see §65-1-47.

Power of the commission over highway grade crossings, see §65-1-69.

Enforcement agreements with contiguous states, see §65-1-501 et seq.

Apportionment of federal funds for county highway aid by Transportation Commission, see §§65-11-9 et seq.

Authority of highway commission with regard to bridges or tunnels over Tennessee-Tombigbee Waterway, see §65-26-5.

Division of Plant Industry as meaning the Bureau of Plant Industry within the Regulatory Office of the Mississippi Department of Agriculture and Commerce, see §69-2-1.

Duty of railroads to maintain highway crossings, see §77-9-251.

Placement of trash and garbage cans and erection of signs by the highway commission, warning of the penalty for littering, see §97-15-29.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Federal Aspects—

Federal Bureau of Public Roads, see 49 USCS Appx §§ 1653 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Transportation Commission is authorized to make and promulgate reasonable rules and regulations, to provide and adopt standard specifications, including specifications requiring a warranty or warranties of workmanship, materials or performance, including asphalt paving, as a condition of letting or awarding a road or bridge construction contract. Warren, January 8, 1999, A.G. Op. #98-0759.

In view of the overriding public interest in the carrying out of the purposes of the sixteenth section trust, where the Mississippi Department of Transportation obtains a right of way for a highway that runs across sixteenth section land and subsequently wants to cut the timber in the median of that highway, the timber involved would be harvested by the school board and the proceeds thereof used to support the public schools. Cheney, June 4, 1999, A.G. Op. #99-0231.

The Mississippi Transportation Commission had authority, in its discretion, to authorize its Executive Director to serve as a corporate officer or member of the Board of Directors of the Mississippi Transportation Institute, if the commission found that to do so would advance the commission’s statutory duties and purposes. Warren, Feb. 10, 2000, A.G. Op. #2000-0043

The Mississippi Transportation Commission may acquire by condemnation land or other property of railroads for the construction and maintenance of state highways when a negotiated purchase of the interests cannot be arranged pursuant to its eminent domain authority. Warren, June 23, 2000, A.G. Op. #2000-0290.

The Mississippi Transportation Commission through the use of its regulatory power may require the relocation or abandonment of a railcar storage facility for the purpose of ensuring public safety upon payment of reasonable compensation. Warren, June 23, 2000, A.G. Op. #2000-0290.

The Mississippi Transportation Commission could enter into an agreement with a railroad in which the Mississippi Department of Transportation would pay the railroad reasonable consideration to remove and relocate approximately 9,000 to 11,000 feet of railroad track in a particular tract. Warren, June 23, 2000, A.G. Op. #2000-0290.

The statute grants the Transportation Commission the authority to enact police and protective regulations for the control of traffic on the state highways, which may include setting limits that would have the effect of limiting truck traffic on certain highways for public safety reasons; however, the Commission should, in the exercise of this power, establish procedures and criteria for determining the necessity of any such action, and apply those procedures consistently. Hall, Oct. 20, 2000, A.G. Op. #2000-0499.

The Mississippi Transportation Commission may not purchase gifts, meals, or refreshments for employees being recognized for service. Long, Apr. 13, 2001, A.G. Op. #01-0208.

The Office of State Aid Roads, although administered by the State Aid Engineer and operated under a separate budget, is a division within the Mississippi Department of Transportation which, through its commissioners, is given the authority to provide appropriate office space for its various divisions, and may relocate any of its offices, if such a move is deemed necessary for the administration of the Department. Miller, Sept. 9, 2002, A.G. Op. #02-0444.

The Department of Transportation, in conjunction with the railroad at issue, has funding responsibility for pavement markings and advance warning signs for roads which are under the Department jurisdiction as part of the state designated highway system and which cross a railroad. Brown, Apr. 4, 2003, A.G. Op. #02-0769.

If the public roadway/railroad crossing involves roads which are under different jurisdictions, the funding responsibilities should be allocated proportionately among the respective jurisdictions. Brown, Apr. 4, 2003, A.G. Op. #02-0769.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state relocation assistance laws. 49 A.L.R.4th 491.

Am. Jur.

39 Am. Jur. 2d, Highways, Streets and Bridges §§ 1 et seq.

9 Am. Jur. Pl & Pr Forms (Rev), Eminent Domain, Form 31.1 (Complaint, petition, or declaration – For condemnation – By state agency – For state transportation facility).

13A Am. Jur. Pl & Pr Forms (Rev), Highways, Streets, and Bridges, Forms 12 et seq. (liability of public agencies and authorities; construction and maintenance).

CJS.

39A C.J.S., Highways §§ 157-161.

JUDICIAL DECISIONS

I. Under Current Law.

1. In general.

2. Traffic violations.

3.-5. [Reserved for future use.]

II. Under Former §65-1-19.

6. In general.

7. Statutory construction.

8. Right of access.

9. Authorization to enter into contract; ratification.

10. Liability for taxes.

11. Abandonment of highway.

12. Pleading and practice; venue.

I. Under Current Law.

1. In general.

A right-of-way easement granted to the Mississippi State Highway Commission for a specific public right-of-way of a certain highway ceased to exist when the commission determined that a portion of that easement was no longer needed by the public. Thus, the commission could not convey the fee simple title to the property, but could only abandon its easement. Mississippi State Highway Com. v. McClure, 536 So. 2d 895, 1988 Miss. LEXIS 424 (Miss. 1988).

The Mississippi State Highway Commission had the authority under §65-1-8(e) to request that pipeline be removed from a bridge, citing hazards to the public health as a reason for doing so. Mississippi State Highway Com. v. New Albany Gas Systems, 534 So. 2d 204, 1988 Miss. LEXIS 544 (Miss. 1988).

The statutes of limitation concerning adverse possession do not run against the state. Mississippi State Highway Com. v. New Albany Gas Systems, 534 So. 2d 204, 1988 Miss. LEXIS 544 (Miss. 1988).

2. Traffic violations.

Although there was no violation of §63-3-516 when the defendant drove 67 miles per hour in a construction zone that was posted at 60 miles per hour because it was nighttime and no workers were present, there was a violation of this section, which allows the Transportation Commission to adopt rules, regulations and ordinances for the control of and the policing of the traffic on the state highways. Harrison v. State, 2000 Miss. App. LEXIS 44 (Miss. Ct. App. Feb. 8, 2000), aff'd, 800 So. 2d 1134, 2001 Miss. LEXIS 223 (Miss. 2001).

3.-5. [Reserved for future use.]

II. Under Former § 65-1-19.

6. In general.

Purchase of insurance is not to be construed as waiver by legislature of highway commission’s immunity from suit. Brady v. Michelin Reifenwerke, 613 F. Supp. 1076, 1985 U.S. Dist. LEXIS 17616 (S.D. Miss. 1985).

In an action for wrongful death arising out of an accident on a drawbridge, the complaints against the Mississippi State Highway Commission and its individual employees were properly dismissed under the doctrine of sovereign immunity where the statute did not specifically impose liability in such cases; there was no waiver of the doctrine of sovereign immunity as to the individual defendants by the purchase of fidelity bonds. However, where it was unclear whether the trial judge, in dismissing the complaints, was ruling on the claims against the employees of the Commission in their official capacity or as individuals and where the judge did not address the issue of whether the actions complained of were ministerial or discretionary, the case would be remanded for a determination of whether the doctrine of sovereign immunity shielded the employees of the Commission in their individual capacities. The partial immunity afforded a public official only extends to discretionary acts; a public official remains liable in his individual capacity for ministerial acts. Karpovs v. Mississippi, 663 F.2d 640, 1981 U.S. App. LEXIS 15286 (5th Cir. Miss. 1981).

The state highway commission has the power to condemn school property. Harrison County School Board v. State Highway Com., 284 So. 2d 50, 1973 Miss. LEXIS 1248 (Miss. 1973).

A proceeding to condemn land for a cloverleaf at the intersection of two highways already in existence, which had not been limited access highways, was not controlled by Chapter 332, Laws of 1948, § 14, as amended by § 11 of Ch 6 of the Laws of the Extraordinary Session of 1949 (§ 8038), nor by Ch 314, Laws of 1956 (§§ 8039-01 et seq). Carney v. Mississippi State Highway Com., 233 Miss. 598, 103 So. 2d 413, 1958 Miss. LEXIS 422 (Miss. 1958).

The provision of paragraph (B) of Code 1942, § 8037, that “the municipality shall have full control and responsibility beyond the curb lines of any such streets” refers to streets being maintained by the state highway commission not to highways where the commission owned the right of way lying both within and without the curbs, and where the commission has title to right of way of a highway running through the city, it has the power to cause the removal of certain commercial signs projecting over and above the right of way, whether such use or obstructions constitute safety hazards or not. Mississippi State Highway Com. v. Adams, 230 Miss. 559, 93 So. 2d 650, 1957 Miss. LEXIS 397 (Miss. 1957).

Where an abutting property owner’s predecessor in title had conveyed a highway right of way to the state highway commission, and subsequently a gas company, pursuant to permission obtained from the state highway commission, laid a gas distribution line wholly within the right of way, the abutting property owner was not entitled to rent from the gas company, where his property was not damaged or depreciated in value by the use of the right of way for the distribution line; nor was there violation of the abutting property owner’s rights under § 17 of the Mississippi Constitution. Mississippi Valley Gas Co. v. Boydstun, 230 Miss. 11, 92 So. 2d 334, 1957 Miss. LEXIS 340 (Miss. 1957).

Code 1942, § 8038 did not modify municipality’s jurisdiction over its streets, and where municipality did not consent, the construction of median strip across municipality’s street at highway intersection by highway commission was beyond the statutory authority and power. Hamilton v. Mississippi State Highway Com., 220 Miss. 340, 70 So. 2d 856, 1954 Miss. LEXIS 446 (Miss. 1954).

The state highway commission is empowered to acquire, either by purchase or condemnation, only an easement or right of way in lands for highway purposes. Whitworth v. Mississippi State Highway Com., 203 Miss. 94, 33 So. 2d 612, 1948 Miss. LEXIS 234 (Miss. 1948).

State highway commission has the power and is charged with the duty of building public roads and the use of public funds for that purpose. State Highway Com. v. Collins, 198 Miss. 499, 23 So. 2d 543, 1945 Miss. LEXIS 221 (Miss. 1945).

Former statute did not modify a municipality’s jurisdiction over its streets, including a state highway running through the municipality, particularly in view of the provision that no rule, regulation, or ordinance shall be made that conflicts with any statute now in force or which may hereafter be enacted, or with any ordinance of incorporated cities or towns. Ellisville v. State Highway Com., 186 Miss. 473, 191 So. 274, 1939 Miss. LEXIS 242 (Miss. 1939).

7. Statutory construction.

The estate acquired by the highway commission for highway purposes is measured by the language of the statutes and not of the deeds. Whitworth v. Mississippi State Highway Com., 203 Miss. 94, 33 So. 2d 612, 1948 Miss. LEXIS 234 (Miss. 1948).

Court cannot give language of statutes respecting highway commission’s powers restricted or over-technical interpretation. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

8. Right of access.

The trial court in eminent domain proceedings instituted by the Mississippi State Highway Commission erred in allowing the condemnees to introduce evidence concerning loss of access to an adjoining highway, where the Commission had previously received warranty deeds from the condemnees’ predecessors in title for the purpose of four-laning the highway and locating a sight flare at an adjacent intersection, where the Commission’s payment for the lands so acquired by the predecessors was for “all” surface rights which the grantors and their successors had in the lands conveyed including the right to drive vehicles across the lands, where such purchase of the sight flare area subjected it to control by the Commission under its police powers as set forth in this section, and where the Commission previously promulgated a rule prohibiting driveway access across sight flare areas. Mississippi State Highway Com. v. Blackwell, 350 So. 2d 1325, 1977 Miss. LEXIS 2244 (Miss. 1977).

The adoption by the highway commission of an order under subsection (h) of Code 1942, § 8038 declaring a certain highway a limited access highway, the publication of notice of the adoption of the order, and the erection at various places along the highway of “limited access highway” markers amounted neither to an entry, a trespass, or an ouster by the commission, nor was it effective as a taking of the right of an abutting property owner to direct access to the highway in question. Mississippi State Highway Com. v. Null, 210 So. 2d 661, 1968 Miss. LEXIS 1510 (Miss. 1968).

The adoption of a declaratory order by the state highway commission wherein a certain highway was designated as a limited access highway did not amount to a taking of an abutting property owner’s right of direct and free access to the highway, nor did it obviate the constitutional necessity of paying just compensation and damages when and if it actually should be taken or damaged. Mississippi State Highway Com. v. Null, 210 So. 2d 661, 1968 Miss. LEXIS 1510 (Miss. 1968).

Where the construction of a frontage road paralleling a limited access highway will substantially impair or damage an abutting property owner’s right of access to the highway in question and will effectively destroy his right of direct and free access thereto as it had previously existed, he is entitled to be compensated for this loss of access as well as for the value of a small parcel of land which will be embraced within the frontage road’s easement. Mississippi State Highway Com. v. Null, 210 So. 2d 661, 1968 Miss. LEXIS 1510 (Miss. 1968).

Where a new nonaccess highway was constructed outside the right of way of an old highway, the abutting property owners could not require the state highway commission to maintain direct accesses from their property into the through lanes of the new highway, where the commission provided the abutting property owners with reasonably safe and convenient accesses from all of their abutting property to the highway by means of a frontage road and reasonably convenient interchanges; and such action on the part of the state highway commission was a reasonable exercise of the police power of the state in the interest of the protection of human life and the regulation of public traffic. Harreld v. Mississippi State Highway Com., 234 Miss. 1, 103 So. 2d 852, 1958 Miss. LEXIS 455 (Miss. 1958).

Since the city had no power to close the alley except upon first making due compensation to the abutting landowners, if the city had closed the alley without making due compensation and the state highway commission had entered upon and obstructed it by a direct embankment, the city and highway commission would have been jointly liable. Collins v. Mississippi State Highway Com., 233 Miss. 474, 102 So. 2d 678, 1958 Miss. LEXIS 405 (Miss. 1958).

The state highway commission did not acquire an abutting landowner’s right of access to highways under a 1938 deed conveying to the Commission a parcel of land for highway right of way purposes. Mississippi State Highway Com. v. Spencer, 233 Miss. 155, 101 So. 2d 499, 1958 Miss. LEXIS 366 (Miss. 1958).

In an action by owners of abutting land which was divided by a creek into two units one of which had been developed and utilized as a commercial property while the other had not been developed, against the state highway commission for mandatory injunction requiring the commission to allow them access to the highway from the undeveloped unit, the chancery court properly found that the land comprised two economic units and that access from the developed unit could not afford access from the undeveloped unit. Mississippi State Highway Com. v. Spencer, 233 Miss. 155, 101 So. 2d 499, 1958 Miss. LEXIS 366 (Miss. 1958).

In an action by owners of abutting land which was divided by a creek into two units, one of which had been developed and utilized as commercial property while the other had been undeveloped, against the state highway commission for mandatory injunction requiring the commission to allow them access to the highway from the undeveloped unit, and other relief, where it was properly found that the land comprised two economic units and that access to the developed unit did not afford access to the undeveloped unit, the chancery court could in the exercise of its discretion restrain the landowners from exercising access to the highway from the undeveloped unit on condition that the state highway commission construct a bridge and service drive, but could not require the commission to construct the bridge and service road, since this was a matter within the discretion of the members of the commission. Mississippi State Highway Com. v. Spencer, 233 Miss. 155, 101 So. 2d 499, 1958 Miss. LEXIS 366 (Miss. 1958).

Action of the state highway commission in denying the right of access to abutting landowners was not a regulation governing traffic upon and entering state highways but was a prohibition affecting the exercise of property rights, which could not be taken or damaged without compensation therefor. Mississippi State Highway Com. v. Spencer, 233 Miss. 155, 101 So. 2d 499, 1958 Miss. LEXIS 366 (Miss. 1958).

9. Authorization to enter into contract; ratification.

Under provisions granting authority to make contracts, the Highway Commission is authorized to purchase uninsured motorist coverage as part of the liability insurance coverage for its motor vehicles. Parker v. Cotton Belt Ins. Co., 314 So. 2d 342, 1975 Miss. LEXIS 1679 (Miss. 1975).

One sent out by the state highway commission to negotiate a purchase of and to procure deed to eight-tenths of an acre of land which the commission’s engineers had surveyed and platted, the described area being shaded in special color, had no authority to agree with the vendor that only four-tenths of an acre would be purchased, and, as the Commission had not ratified the agreement, it was not bound thereby, and consequently the vendor was not entitled to reformation of a deed conveying eight-tenths of an acre. State Highway Com. v. Collins, 198 Miss. 499, 23 So. 2d 543, 1945 Miss. LEXIS 221 (Miss. 1945).

Lessor dealing with highway director was chargeable with notice director could act only in strict compliance with orders of highway commission, and that such authority must be found in commission’s minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

Lease executed by highway director for three-year period was not binding on highway commission which authorized only two-year lease and did not ratify provision by order on its minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

Entering and occupying leased premises and obtaining injunctive relief under lease executed by highway director held not ratification of provision extending lease for additional year since commission could not ratify unauthorized contract otherwise than by order on its minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

10. Liability for taxes.

Highway commission was unauthorized to pay gasoline tax funds to State Tax Collector, suing for counties’ alleged statutory share. State Highway Com. v. Gulley, 167 Miss. 631, 145 So. 351, 1933 Miss. LEXIS 80 (Miss. 1933).

11. Abandonment of highway.

There is no law preventing supervisors from retaking public road abandoned by Highway Commission. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

Abutting property owners seeking injunction held to have sustained no legal injury where highway commission abandoned part of State highway for shorter and safer route, since commission acted within limits of rightful authority. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

12. Pleading and practice; venue.

A suit for damages in anticipation that the city would close an alley in violation of statute, and that the state highway commission would enter upon the alley and obstruct it by a dirt embankment was prematurely brought where no damages had yet resulted. Collins v. Mississippi State Highway Com., 233 Miss. 474, 102 So. 2d 678, 1958 Miss. LEXIS 405 (Miss. 1958).

In a proceeding by property owners to enjoin state highway commission from proceeding with proposed construction of a freeway through a city, where the allegations of the bill were sufficient to charge an abuse of discretion on the part of the state highway commission and where the charge was not admitted by demurrer, the state highway commission and its officials were required to answer and a hearing was to be held on the merits. Mississippi State Highway Com. v. Fuller, 224 Miss. 712, 80 So. 2d 814, 1955 Miss. LEXIS 534 (Miss. 1955).

Retained percentages retained by the state highway commission under the prime contract are not such “effects” of the nonresident contractor as may be reached by process of attachment in chancery, where so retained under the contract in good faith. Mid South Paving Co. v. State Highway Com., 197 Miss. 751, 20 So. 2d 834, 1945 Miss. LEXIS 308 (Miss. 1945).

Funds of nonresident prime contractor to become due under contract with the state highway commission, which, prior to service of attachment process, in good faith and for purpose of financing performance of the prime contract, had been assigned as security for advances therein, do not constitute such effects of prime contractor as may be reached by attachment process in chancery until they have been or should have been released by the lender to the prime contractor. Mid South Paving Co. v. State Highway Com., 197 Miss. 751, 20 So. 2d 834, 1945 Miss. LEXIS 308 (Miss. 1945).

State highway commission which held money due and owing to highway prime contractor, a nonresident corporation, could be sued as garnishee in a nonresident attachment in chancery, in suit by subcontractor to recover amount due from prime contractor, where the work was complete and finished and had been inspected and approved by the commission, and the garnishment involved no interruption of work or contest over installment payments or the final payment. Mid South Paving Co. v. State Highway Com., 197 Miss. 751, 20 So. 2d 834, 1945 Miss. LEXIS 308 (Miss. 1945).

Venue of a mandamus action by Hancock County to compel the state highway commission to appraise and reimburse such county its proportionate value of a bridge constructed by Hancock and Harrison Counties, which had been taken over by the highway commission and had become a part of United States Highway 90, was in Hinds County, where the state highway commission had its permanent office. State ex rel. Cowan v. State Highway Com., 195 Miss. 657, 13 So. 2d 614, 1943 Miss. LEXIS 120 (Miss. 1943).

The fact that the state highway commission has been established as a body corporate subject to suit, together with its functions of constructing and maintaining roads and highways throughout the state, and other multiple privileges and responsibilities, operates to invest it with the character of a private corporation to the extent that it is subject to liability for all compensatory damages established as a result of its breach of contract, and its liability for costs in such suits is equally clear. State Highway Com. v. Wunderlich, 194 Miss. 119, 11 So. 2d 437, 1943 Miss. LEXIS 24 (Miss. 1943).

The State highway commission was liable to suit by a contractor with whom the commission contracted to construct a highway for breach of the contract in failing promptly to furnish rights of way as provided therein, proximately causing such contractor additional expense in maintaining the work, the breach and its proximate consequences having occurred during and directly in and about the actual work of the performance of the contract, as against the contention that the commission was subject to suit by a contractor only for any failure by the commission to pay the contractor for any labor done or materials furnished by the contractor under and in accordance with the terms of his contract with the commission for road construction work at the sums or prices specifically stipulated in the contract. Wunderlich v. State Highway Com., 183 Miss. 428, 184 So. 456, 1938 Miss. LEXIS 257 (Miss. 1938).

Statutes conferring exclusive jurisdiction on state highway commission over state highways and charging it with duty of maintaining such highways held not conflicting with statute imposing duty upon railways of maintaining bridges over railways and approaches thereto, and did not relieve railways of that duty. Alabama & V. R. Co. v. Graham, 171 Miss. 695, 157 So. 241, 1934 Miss. LEXIS 216 (Miss. 1934).

Suit against state highway commission will lie only for liability imposed by statute, though commission is body corporate and may sue and be sued. State Highway Com. v. Knight, 170 Miss. 60, 154 So. 263, 1934 Miss. LEXIS 97 (Miss. 1934).

General statutory authorization to sue governmental subdivision or agency does not create liability, and suit is maintainable thereunder only for liability authorized by statute. Stewart v. State Highway Com., 166 Miss. 43, 148 So. 218, 1933 Miss. LEXIS 378 (Miss. 1933).

§ 65-1-8.1. Commission may allow for erection of welcome and recognition signs adjacent to state highways within unincorporated areas of a county.

  1. The Mississippi Transportation Commission may allow for the erection of welcome, recognition and acknowledgement signs that are adjacent to state highways within an unincorporated area of a county and maintained by public officers or elected officials of counties while carrying out an official duty or responsibility. The local jurisdiction shall be required to purchase and pay the cost of maintaining such signs which shall conform to the requirements of similar signs that are placed by incorporated areas in accordance with rules adopted by the commission and the Mississippi Department of Transportation. The erection of welcome, recognition and acknowledgment signs in areas on or adjacent to freeways or interstate highways is prohibited.
  2. The Mississippi Transportation Commission shall promulgate rules and regulations to carry out the provisions of this section.

HISTORY: Laws, 2017, ch. 401, § 1, eff from and after July 1, 2017.

§ 65-1-8.2. Commission may allow erection of certain signs for member institutions of the Mississippi Association of Independent Colleges and Universities; institution must purchase and pay the costs of erecting and maintaining signs.

  1. The Mississippi Transportation Commission may allow for the erection of signs for member institutions of the Mississippi Association of Independent Colleges and Universities that display the name and emblem of such institutions that are similar to signs erected for public state institutions of higher learning. The institutions for which the signs are erected shall be required to purchase and pay the cost of erecting and maintaining such signs which shall conform to the requirements of similar signs that are erected for public state institutions of higher learning.
  2. The Mississippi Transportation Commission shall promulgate rules and regulations to carry out the provisions of this section.

HISTORY: Laws, 2017, ch. 401, § 2, eff from and after July 1, 2017.

§ 65-1-9. Executive Director of Department of Transportation.

The commission shall appoint an executive director of the Mississippi Department of Transportation for a term of office beginning on April 1, 1993. The person serving as Executive Director of the State Highway Department on June 30, 1992, shall serve until April 1, 1993, as the Executive Director of the Mississippi Department of Transportation, and thereafter shall be eligible for reappointment to the position of Executive Director of the Mississippi Department of Transportation. Succeeding terms shall expire on April 1 each four (4) years thereafter. The Executive Director may be removed by a majority of the commission pursuant to Section 25-9-101 et seq., Mississippi Code of 1972. All appointments by the commission shall be with the advice and consent of the Senate. The commission shall submit its appointment to the Senate not later than March 1 of the year in which a term expires, and if such submission is not made by March 1, the incumbent director shall be deemed to have been reappointed for a four-year term. In the event a vacancy occurs from resignation, death or removal from office by the commission, the commission shall submit its appointment for the unexpired term to the Senate not later than the next March 1 after such vacancy occurs. If no appointment for an unexpired term is submitted to the Senate, the Governor shall make such appointment not later than April 1 of such year. The commission shall fix the compensation of the Executive Director, subject to approval by the State Personnel Board. The Executive Director shall be eligible for reappointment. The Executive Director shall have the following qualifications:

Possess a wide knowledge of the transportation system and needs of Mississippi;

Possess a wide knowledge of the principles of transportation organization and administration; and

Possess selected training or expertise in the field of transportation.

No person who is a member of the Mississippi Transportation Commission, or who has been a member of the Transportation Commission or of its predecessor, the State Highway Commission, within two (2) years next preceding his appointment, shall be eligible to be chosen as Executive Director of the department. The executive director shall be the executive officer of the commission and shall be subject to its orders and directions. The executive director shall give his entire time to the duties of his office. Before entering upon the duties of his office, the executive director shall give bond to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), conditioned upon the faithful discharge and performance of his official duty. The principal and surety on such bond shall be liable thereunder to the state for double the amount of value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of the executive director. Such bond, when approved by the commission, shall be filed with the Secretary of State, and the premium thereon shall be paid from any funds available to the commission.

HISTORY: Codes, 1930, § 4990; 1942, § 8015; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 2; Laws, 1977, ch. 350; Laws, 1981, ch. 464, § 3; Laws, 1992, ch. 496, § 6, eff from and after July 1, 1992.

Cross References —

Chief Administrative Officer of the State Highway Department as meaning Executive Director of the Mississippi Department of Transportation, see §65-1-1.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Department of Transportation could remove a portion of state highway from its jurisdiction and maintenance after completing work on a bypass around a municipality in which the portion of the highway was located without securing authority to do so by legislative act. Shepard, Jan. 25, 2002, A.G. Op. #02-0008.

The Transportation Commission has the power to authorize and require the executive director to travel in the performance of his official duties, and to approve the director’s travel expenses or to specify the method in which such expenses may be approved. Hall, Mar. 19, 2004, A.G. Op. 04-0111.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former law.

1.-5. [Reserved for future use.]

6. Under former law.

Provision of lease for office space executed by highway director which purported to bind highway commission for three-year period on commission’s failure to give notice to terminate lease held not binding on highway commission where commission authorized execution of only two-year lease, and did not ratify lease provision by order on its minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

Highway commission’s action in entering on and occupying leased premises and obtaining injunctive relief under lease executed by highway director held not ratification of lease provision extending lease for additional year on commission’s failure to give notice to terminate lease and hence did not estop commission from questioning validity of such provision, since commission could not ratify unauthorized contract otherwise than by order on its minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

Lessor dealing with highway director in execution of lease held chargeable with notice that director could act only in strict compliance with highway commission’s order; that state highway commission was required to keep minutes of its proceedings; and that director’s authority to lease must be found in orders appearing on commission’s minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

State Highway Commission held not liable for negligence of its engineers in so constructing ditches on sides of highway as to cause water of creek to overflow farm lands. State Highway Com. v. Knight, 170 Miss. 60, 154 So. 263, 1934 Miss. LEXIS 97 (Miss. 1934).

§ 65-1-10. Powers and duties of Executive Director.

Under the authority of the Mississippi Transportation Commission, and in conformity with its orders as spread on its minutes, the executive director shall:

Unless otherwise provided by law, appoint a director in charge of each operating office of the department who shall be responsible to the Executive Director for the operation of such office. Each such director shall be qualified and experienced in the functions performed by the office under his charge;

Administer the policies promulgated by the commission;

Supervise and direct all administrative and technical activities of the department;

Organize the offices and bureaus of the department;

Coordinate the activities of the various offices of the department;

Fix the compensation of employees of the department and require any employee to give bond to the State of Mississippi for the faithful performance of his duties in an amount the executive director deems appropriate. Premiums on all bonds so required shall be paid out of any funds available to the department;

Recommend such studies and investigations as he may deem appropriate and carry out the approved recommendations in conjunction with the various offices;

Prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the department may have.

Have full and general supervision over all matters relating to the construction or maintenance of the state highways, letting of contracts therefor, and the selection of materials to be used in the construction of state highways under the authority conferred by this chapter as herein set forth and the employment, promotion, demotion, reprimand, suspension, termination, reassignment, transfer, moving or relocation of all personnel not specifically authorized by statute to be employed by the commission. The executive director may authorize the payment of expenses of any personnel reassigned, transferred, moved or relocated in accordance with such rules and regulations as are promulgated by the commission;

Approve all bids, sign all vouchers and requisitions, issue all orders for supplies and materials, sign all contracts and agreements in the name of the State of Mississippi, and subscribe to all other matters which may arise in the carrying out of the intent and purpose of this chapter;

Receive and assume control, for the benefit of the state, of any and all highways herein or hereafter fixed as roads constituting a part of the state highway system;

Provide for boulevard stops, restricted entrances to main highways and access driveways, neutral grounds, and roadside parks, erect all suitable direction and warning signs, and provide access roads in or to municipalities where necessary; provide limited access facilities when and where deemed necessary, such a facility being defined as a highway or street especially designed or designated for through traffic and over, from or to which owners or occupants of abutting land or other persons have only such limited right or easement of access as may be prescribed by the commission, and provide that certain highways or streets may be parkways from which trucks, buses and other commercial vehicles shall be excluded or may be freeways open to customary forms of highway and street traffic and use, and such limited access facilities or parkways may be planned, designated, established, regulated, vacated, altered, improved, constructed and maintained and rights-of-way therefor specifically obtained, either by purchase, gift, condemnation or other form of acquisition;

Construct bridges with or without footways, and sidewalks where deemed essential to decrease hazards;

Perform services for the Department of Finance and Administration on state property, including, but not limited to, engineering services, and to advance such funds to defray the cost of the expenses incurred in performing such services from out of Transportation Department funds until such department is reimbursed by the Department of Finance and Administration;

Perform all duties authorized by Section 27-19-136, Mississippi Code of 1972, concerning the assessment and collection of permit fees, fines and penalties.

HISTORY: Laws, 1981, ch. 464, § 4; Laws, 1988, ch. 437; Laws, 1992, ch. 496, § 7; Laws, 1996, ch. 375, § 3, eff from and after October 1, 1996.

Editor’s Notes —

Laws of 2009, ch. 497, § 4 provides:

“SECTION 4. The Executive Director of the Mississippi Department of Transportation is directed to file an application with the Department of Finance and Administration to establish the “Multi-Modal Transportation Improvement Fund” as created in Section 65-1-703. The executive director shall perform all acts necessary to establish the fund as a separate fund within the Statewide Automated Accounting System (SAAS) and the State Treasury before July 1, 2009.”

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Transportation Commission had authority, in its discretion, to authorize its Executive Director to serve as a corporate officer or member of the Board of Directors of the Mississippi Transportation Institute if the commission found that to do so would advance the commission’s statutory duties and purposes. Warren, Feb. 10, 2000, A.G. Op. #2000-0043

§ 65-1-11. Chief Engineer and other employees.

The executive director, subject to the approval of the commission, shall employ a chief engineer who shall be a registered civil engineer, a graduate of a recognized school of engineering, and who shall have had not less than five (5) years’ actual professional experience in highway construction. The chief engineer shall also be a deputy executive director of the department with such powers and duties as may be prescribed by the commission. The chief engineer shall give bond in the sum of Fifty Thousand Dollars ($50,000.00) in some surety company authorized to do business in this state, which bond shall be conditioned upon the faithful performance and discharge of his duties. The principal and surety on such bond shall be liable thereunder to the State of Mississippi for double the amount of the value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of such engineer. The term of office of the chief engineer shall be for a period of four (4) years, unless sooner removed as hereinafter provided, and he shall be eligible for reappointment. The first term of office, however, shall extend from the date of appointment until the first Monday of January 1952.

HISTORY: Codes, 1930, § 4991; 1942, § 8016; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 3; Laws, 1966, ch. 485, § 1; Laws, 1992, ch. 496, § 8; Laws, 2003, ch. 461, § 2, eff from and after passage (approved Mar. 23, 2003.).

Amendment Notes —

The 2003 amendment deleted “transportion” following “director of the”; substituted “with such . . . the commission” for “and shall act as executive director in case of the illness or disability of the executive director or his absence from the state” in the second sentence; and made nonsubstantive changes.

§ 65-1-13. Deputy executive director for administration.

  1. The commission, upon the recommendation of the executive director, may appoint one (1) deputy executive director for administration in addition to the deputy executive director provided for in Section 65-1-11. The powers and duties of the deputy executive director for administration appointed pursuant to this subsection shall be specified by the commission and shall include, but not be limited to, the execution on behalf of the executive director of contracts approved by the commission and other documents. The appointment of such deputy executive director for administration and the powers specified by the commission must be spread upon the minutes of the commission to become effective.
  2. The commission may issue powers of attorney to individuals as may be recommended by the executive director to execute any documents on behalf of the commission and the executive director as the commission considers appropriate to facilitate the efficient implementation of its duties and responsibilities; however, a power of attorney issued under this subsection shall not authorize the execution of contracts approved by the commission. Powers of attorney issued under this subsection shall specify the limits of the authority to execute documents granted by them. The duration of such powers of attorney shall be for the term of office of the commission that issued them. Such powers of attorney may be revoked by the commission at any time.

HISTORY: Laws, 2003, ch. 461, § 1, eff from and after passage (approved Mar. 23, 2003.).

Editor’s Notes —

A prior §65-1-13 [Codes, 1942, § 8059.3; Laws, 1948, ch. 332, § 33] was repealed by Laws, 1985, ch. 366, eff from and after March 20,1985. Former §65-1-13 pertained to discharge of employees having more than 18 months of continuous service.

§ 65-1-15. Secretary of the commission.

The Mississippi Transportation Commission shall employ a secretary whose salary shall be fixed by the commission and shall require the secretary to keep the proper minute books, order books and other proper books. The secretary shall be the custodian of all books, records or other papers of the department. All of such books, records and papers shall be public records and open to inspection by the public during business hours. Each of the commissioners, the Executive Director and the secretary may make certified copies of any proceedings of the department, any of its books or papers, or extracts therefrom. Such copy shall bear the signature of the officer giving it and also the seal of the Mississippi Department of Transportation, and such copies shall be admitted in evidence equally with the originals thereof in all courts of this state. Each of the commissioners and the executive director may take and hear testimony. The seal shall be the coat of arms of the State of Mississippi, surrounded by the words “Mississippi Department of Transportation”. In the event that the original seal should be stolen, lost or misplaced, the commission shall have the power to secure a duplicate seal. The secretary shall be the custodian of the seal and shall do and perform all other things which may be properly required of him by the executive director or commission. He shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00), conditioned as required by law. Except for warrant requisitions drawn in accordance with the provisions of Section 65-1-115, Mississippi Code of 1972, all proceedings of the commission shall be entered upon the minutes of the commission in a minute book to be provided and kept for that purpose, which minutes shall be signed by the chairman or acting chairman of the respective meetings and by the secretary. The pages of the minute book shall be numbered consecutively by the bookmaker. The secretary of the commission shall be an ex officio notary public, authorized to administer oaths and take acknowledgments in the same manner and to the same extent as any other duly appointed, qualified, commissioned and acting notary public, and the seal of the Transportation Department shall be his seal as such ex officio notary public. The bond premium of the secretary shall be paid from any funds available to the commission.

HISTORY: Codes, 1930, § 4992; 1942, § 8017; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 4; Laws, 1966, ch. 485, § 2; Laws, 1992, ch. 496, § 9, eff from and after July 1, 1992.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former law.

1.-5. [Reserved for future use.]

6. Under former law.

Statute requiring state highway commission to keep minutes of its proceedings and providing that such records should be public records was mandatory so that commission could not ratify unauthorized contract other than by order on its minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

Highway commission’s action in entering on and occupying leased premises and obtaining injunctive relief under lease executed by highway director was not ratification of lease provision extending lease for additional year on commission’s failure to give notice to terminate lease, and hence did not estop commission from questioning validity of such provision, since commission could not ratify unauthorized contract otherwise than by order on its minutes. Pearl Realty Co. v. State Highway Com., 170 Miss. 103, 154 So. 292, 1934 Miss. LEXIS 109 (Miss. 1934).

§ 65-1-17. Rental of office space in buildings not owned by the state.

In the event the department needs additional office space which cannot be provided either in state office buildings, or other state-owned buildings, the commission is hereby authorized to rent, on an annual or month-to-month basis on such terms as it may determine to be proper, such office space as may be necessary.

HISTORY: Codes, 1942, § 3827-12; Laws, 1966, ch. 494, § 2; Laws, 1992, ch. 496, § 10, eff from and after July 1, 1992.

Cross References —

Appointment of additional assistant attorneys general to handle legal affairs of Transportation Commission, see §7-5-13.

§ 65-1-19. Repealed.

Repealed by Laws of 1981, ch. 464, § 19, eff from and after July 1, 1981.

[Codes, 1930, § 5006; 1942, § 8038; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 14; Laws, 1949, Ex. Sess. ch. 6, § 11; Laws, 1956, ch. 313; Laws, 1958, ch. 369; Laws, 1964, ch. 452, § 1; Laws, 1972, ch 369 § 15; Laws, 1973, ch. 495, § 1; Laws, 1974, ch. 317]

Editor’s Notes —

Former §65-1-19 related to the powers of the Transportation Commission. For current provisions, see §65-1-8.

§ 65-1-20. Office of Intermodal Planning.

The Office of Intermodal Planning in the Mississippi Department of Transportation shall have the following responsibilities with respect to all ports in this state that are not state ports:

Study and coordinate efforts designed to promote the development of the navigable waters in the State of Mississippi for water transportation.

Encourage and coordinate the development of river and deep-sea ports and harbor facilities, both new and existing.

Recommend to the proper officials recreational restrictions in critical commercial navigation areas in order to promote public safety and expedite water transportation.

Intercede on behalf of and represent the State of Mississippi in matters pertaining to the application of fees, tolls or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce.

Receive and use any federal, state or private funds, donations and grants made available for the development, use and expansion of water transportation resources of this state; provided that nothing herein shall be deemed to deny or prohibit any municipal, county, port authority or commission or other governmental or private agency or authority from accepting such donations and grants they are now authorized by law to receive.

Assist all state agencies such as the Department of Economic and Community Development, the Department of Environmental Quality, and others on any matters pertaining to and concerning the water transportation industry.

Compile and provide, where necessary, the capabilities of the Mississippi ports and harbor facilities with respect to equipment, systems or types of products handled, economic benefits, job creation, capital investments, and other pertinent data, including studies and planning for the expansion to further the development of the facilities and the water transportation industry in general.

Provide, where necessary, any and all information and data, both individually and/or collectively, to the Legislature, through the Executive Director of the Mississippi Department of Transportation, for the ports and waterways industry within the state.

Assist in the formation and presentation of any legislation to promote the development and growth of the waterway industry in the State of Mississippi.

No provision of this section shall be construed to give any state agency control over local port commissions or authorities or change any existing laws that such port commissions or authorities presently enjoy to conduct and develop the water transportation industry, and such existing laws shall not be preempted by this section. No provision of this section shall be construed to authorize any diversion from local port commissions or authorities of fees, funds, donations, grants or monies to which such commissions or authorities are otherwise entitled.

HISTORY: Laws, 1994, ch. 411, § 2, eff from and after passage (approved March 15, 1994).

§ 65-1-21. District offices.

  1. The permanent district offices for the Office of Highways of the Mississippi Department of Transportation and for the repair and housing of the equipment and vehicles of the department provided for in paragraph (m) of Section 65-1-8, Mississippi Code of 1972, shall be at the following locations:
    1. For the Northern District: At or near Batesville and at or near Tupelo.
    2. For the Central District: At or near Yazoo City and at or near Newton.
    3. For the Southern District: At or near McComb and at or near Hattiesburg.
  2. The Northern District Office at or near Tupelo is designated and shall be known as the “Roy Clark Adams District Office.” The Department of Transportation shall erect and maintain an appropriate sign or placque designating such office.

HISTORY: Codes, 1942, § 8038.7; Laws, 1950, ch. 389; Laws, 1992, ch. 496, § 11; Laws, 1995, ch. 347, § 1, eff from and after July 1, 1995.

§ 65-1-23. Testing laboratory, machine shops, etc.

The State Highway Commission is hereby authorized and empowered, in its discretion, to erect and construct upon the land hereinafter described a testing laboratory, machine shops, and other necessary buildings, and to expend for such purpose an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) out of any funds which may be available for such purpose in the state highway fund.

The State Building Commission is hereby authorized, empowered, and directed to select a suitable tract of land, ten acres in area, from any state-owned lands located in or near the City of Jackson, Mississippi, and not now being used for public purposes. The laboratory shops and other buildings specified in this section shall be erected on the land so selected, which said land is hereby set aside and allocated to the State Highway Commission for the purposes herein specified.

HISTORY: Codes, 1942, § 8038.5; Laws, 1946, ch. 369; Laws, 1948, ch. 332, § 18.

Editor’s Notes —

Section 31-11-1 provides that the terms “State Building Commission” and “Building Commission” wherever they appear in the laws of Mississippi shall be construed to mean the Governor’s Office of General Services.

Section 7-1-451 provides, however, that wherever the term “Office of General Services” appears in any law, it shall mean the Department of Finance and Administration.

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

OPINIONS OF THE ATTORNEY GENERAL

This section provides for the granting of rights-of-way across sixteenth section lands. Cheney, June 4, 1999, A.G. Op. #99-0231.

In view of the overriding public interest in the carrying out of the purposes of the sixteenth section trust, where the Mississippi Department of Transportation obtains a right of way for a highway that runs across sixteenth section land and subsequently wants to cut the timber in the median of that highway, the timber involved would be harvested by the school board and the proceeds thereof used to support the public schools. Cheney, June 4, 1999, A.G. Op. #99-0231.

§ 65-1-25. Contract for maintenance of connections on highways near state boundaries.

The Mississippi Transportation Commission is hereby authorized and empowered to enter into or ratify agreements with the transportation departments of the adjoining states for the construction or maintenance, or both, of connections on any part of the interstate highway system, state designated highway system or state aid road system at or near the boundaries of the State of Mississippi, the cost of such construction and maintenance to be apportioned between the states according to the benefits to be derived by each of the states as determined by such agreements.

The powers conferred by this section are supplemental to the powers of the commission now provided by law.

HISTORY: Codes, 1942, § 8038.2; Laws, 1958, ch. 374, §§ 1, 2; Laws, 1995, ch. 396, § 1, eff from and after passage (approved March 15, 1995).

Cross References —

Powers and duties of the Transportation Commission, generally, see §65-1-8.

OPINIONS OF THE ATTORNEY GENERAL

A county’s conventional authority over its public roads does not include the authority to do road work in another state on a road which lies partially in the State of Mississippi; however, the county may wish to explore the use of a Regional Economic Alliance to pursue the project. Chamberlin, Jan. 29, 2004, A.G. Op. 03-0643.

§ 65-1-27. Contract for maintenance of connections between interstate and state system highways and county roads or streets.

The Mississippi Transportation Commission is hereby authorized and empowered to enter into or ratify cooperative agreements with the various counties and municipalities in any county through which any of the highways on the interstate highway system, the state designated highway system or the state aid road system may traverse for the construction or maintenance, or both, of connections between such systems and county roads or streets of the municipalities, or interconnections between such systems, the cost of the construction and maintenance of such connections to be apportioned between the Transportation Commission and the county or municipality according to the benefits to be derived by each as determined by such agreement or agreements.

The powers conferred by this section are supplemental to the powers of the commission now provided by law.

HISTORY: Codes, 1942, § 8038.6; Laws, 1958, ch. 375, §§ 1, 2; Laws, 1995, ch. 396, § 2, eff from and after passage (approved March 15, 1995).

§ 65-1-29. Contract with the United States in flood control, drainage, and National Aeronautics and Space Agency projects.

The authority granted the State Highway Commission under provisions of this chapter, shall include the right to enter into agreements with the United States government, or any agency thereof, for the alteration, relocation, reconstruction, or abandonment of state highways or any portion thereof, and conveyance of whatever rights and interests the state owns in property acquired for the purposes of said statutes, or any portion or interest thereof, where the same are necessary for the construction of flood control, navigation, drainage, or National Aeronautics and Space Agency projects approved and adopted by the United States government or any agency thereof.

Upon proper authorization by the State Highway Commission, the director of the State Highway Department is hereby empowered to execute a quitclaim deed selling and conveying the above rights and interests. Said deed shall be delivered to the purchaser upon the payment of the consideration agreed upon, and such consideration shall be deposited in the State Treasury to the credit of the State Highway Fund.

Such agreements and conveyances shall be upon a consideration deemed reasonable by the State Highway Commission and the agency of the United States government affected, provided that no part of this section is intended to alter or change in any way the existing immunity from certain actions of the state or the United States.

The consideration above shall include the expense of creating and maintaining any necessary detours, and the same shall be created and maintained as provided in the above mentioned agreement.

HISTORY: Codes, 1942, § 8038.3; Laws, 1948, ch. 337, §§ 1-4; Laws, 1950, ch. 424, § 2 (subd. 1); Laws, 1963, 1st Ex. Sess. ch. 21, eff from and after passage (approved March 2, 1963).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-31. Certain roads located on levees as temporary state highways.

Whereas, the public convenience requires that certain roads located on levees or within the boundaries of flood control districts created and presently maintained by the federal government, or other governmental authorities, be taken over temporarily by the State Highway Commission, and whereas, the public purpose for which said flood control districts were established requires that such roads be limited to certain widths and restrictions in the public interest, it is the sense of the legislature that the State Highway Commission should be authorized to take over and maintain such roads as temporary state highways, subject to the restrictions imposed by the governmental authorities establishing such flood control districts.

The State Highway Commission, therefore, is hereby authorized to take over and maintain as temporary state highways, for such period and under such terms and conditions as said highway commission may in its discretion prescribe, any road designated by the legislature as a state highway and located on the levee of a flood control district, and in so doing shall not be required to obtain a right of way of more than thirty feet on such type of road, may permit the use of cattle gaps and fencing thereon, and may accept from the federal authorities or other governmental unit having jurisdiction over such flood control district an easement for said road.

The purpose of this section is to enable the state to take over temporarily for maintenance roads designated as state highways located on levees and with less than sixty feet right of way.

HISTORY: Codes, 1942, § 8038.4; Laws, 1952, ch. 310, §§ 1-3.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Department of Transportation (MDOT) has the duty to maintain portion of Highway 465 which is a substandard road on a levee until such time as the legislature removes it from the state highway system or enacts legislation which otherwise ends the responsibility of MDOT to maintain it. The Mississippi Highway Patrol is required to enforce traffic laws on Highway 465 as provided in Section 45-3-21. Pace, Aug. 7, 2006, A.G. Op. 06-0285.

§ 65-1-33. Publicly owned ferries.

The State Highway Commission is hereby authorized to take over, maintain, and operate, as a part of the state highway system under its jurisdiction, any ferry now owned by and operated by, for, or under the authority of any county, county district, or municipality in this state where such ferry is located upon, or is a necessary link of, any designated state highway being maintained by the commission, if such county, county district, or municipality will transfer to said commission all property, real and personal, used by it in the operation of such ferry. In event any such ferries be so taken over by the commission, no toll or fee shall be charged for the use thereof by the public, and all costs of operation and maintenance shall be paid out of the State Highway Maintenance Fund.

Any county, county district, or municipality in this state now owning a ferry which the State Highway Commission may desire to take over under the provisions of this section is hereby authorized to transfer to the State Highway Commission any and all property, real and personal, used by it in the operation of such ferry, without further consideration than the acceptance of the same for public use, pursuant to an order of its governing authority. Any such property so taken over by the commission which may thereafter become unnecessary to the maintenance of traffic over the highway may be disposed of by the commission, in its discretion, and the proceeds paid into the State Highway Maintenance Fund.

HISTORY: Codes, 1942, § 8021-01; Laws, 1944, ch. 301, §§ 1, 2.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Ferries generally, see §§65-27-1 et seq.

Ferries operated by certain counties, see §§65-29-1 et seq.

§ 65-1-35. Roads leading to reactivated air bases.

The State Highway Commission is hereby authorized and directed to take over for maintenance and construction, with its own funds, any road formerly maintained as a part of the state highway system leading to an air base, which air base is to be reactivated.

HISTORY: Codes, 1942, § 8021.9; Laws, 1958, ch. 382.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-37. Driveways of certain institutions.

The Mississippi Transportation Commission is hereby authorized and empowered to have the Mississippi Department of Transportation construct, repair and maintain the driveways and streets on the grounds of the universities and colleges under the jurisdiction of the Board of Trustees of the State Institutions of Higher Learning, state, and/or county supported junior colleges, the state hospitals, and institutions under the jurisdiction of the Board of Trustees of Mental Institutions, the Board of Trustees of the Columbia Training School and the Oakley Youth Development Center, the Mississippi Schools for the Deaf and Blind, and the Mississippi Department of Wildlife, Fisheries and Parks in the manner provided herein, including bypasses to connect said driveways and streets with roads on the state highway system, and the main thoroughfare running east and west through the grounds of the Mississippi Penitentiary, provided said institutions obtain the necessary rights-of-way, said institutions being hereby authorized so to do.

The Transportation Commission and the governing boards of said institutions shall enter into an agreement prior to undertaking any of the work mentioned in the first paragraph of this section, and said agreement shall be based on the Transportation Department’s furnishing equipment, equipment operators, skilled labor, supervision, and engineering services, and the governing bodies of the aforementioned institutions shall furnish material, supplies and common labor. This agreement shall further provide for reimbursement of the Mississippi Department of Transportation, in full, for the expenditures incurred in the construction, repair and maintenance of driveways and streets at the institutions hereinabove mentioned, such reimbursement to be made directly to the Mississippi Transportation Commission from the institutions. Upon the execution of an agreement as set out herein, the Mississippi Department of Transportation may provide all the necessary engineering, supervision, skilled labor, equipment, and equipment operators to perform such work.

HISTORY: Codes, 1942, § 8038.9; Laws, 1954, ch. 272, §§ 1-3(¶¶ 1-3); Laws, 1960, ch. 365; Laws, 1975, ch. 341; Laws, 1981, ch. 464, § 5; Laws, 2000, ch. 516, § 129; Laws, 2010, ch. 554, § 11, eff from and after July 1, 2011.

Amendment Notes —

The 2010 amendment, effective July 1, 2011, substituted “the Oakley Youth Development Center” for “Oakley Training School” in the middle of the first paragraph.

Cross References —

Junior colleges, see §§37-29-1 et seq.

Board of Trustees of the State Institutions of Higher Learning, generally, see §§37-101-1 et seq.

State Mental Institutions, see §§41-17-1 et seq.

Mississippi Schools for the Deaf and Blind, see §§43-5-1 et seq.

Columbia Training School no longer operating as secure training school for juvenile delinquents, see §43-27-39.

Mississippi Department of Wildlife, Fisheries and Parks, see §§55-3-31 et seq.

Mississippi Department of Transportation to construct, repair and maintain driveways and streets on grounds of universities and colleges under jurisdiction of Board of Trustees of the State Institutions of Higher Learning, see §65-1-37.

§ 65-1-39. Maintenance of roads on Australia Island.

The State Highway Commission is hereby authorized and empowered to take over, assume jurisdiction of, maintain, repair, and improve the public highways under the jurisdiction of the department of highways of the State of Louisiana on Australia Island, and to enter into such agreements with the department of highways of the State of Louisiana as the said State Highway Commission shall deem necessary, proper, and advisable, provided that the State Highway Commission of Mississippi is reimbursed for the expenditures incurred in the maintenance, repair, and improvement of said roads.

The powers conferred by this section are supplementary to the powers of said commission now provided by law and are not intended in any wise to conflict with the same.

HISTORY: Codes, 1942, § 8038.8; Laws, 1955, Ex. Sess. ch. 69, §§ 1, 2.

§ 65-1-41. Roads serving industrial sites and port areas.

The Mississippi Department of Economic Development is hereby authorized and directed to select and designate certain links of roads or highways to connect any and all approved, acceptable and selected industrial sites that may be located at any point not now accessible to adequate highways and road facilities, and shall issue a certificate of public convenience and necessity to the effect that such designated and selected link of highway or road should be constructed in order to encourage and promote the industrial development of any port or harbor area or other industrial site, and shall immediately file such certificate of public convenience and necessity with the Director of the Mississippi State Highway Commission. However, the Mississippi Department of Economic Development shall not select and designate any such link of road or highway until such time as the department shall have satisfactory evidence that an industry desires and intends to locate on such site, and that the location of such industry and the construction of such road or highway is economically feasible. Construction of any such road shall not begin until the location and construction of such industry is assured and contracts made between the industry and the local authority.

When a certificate of public convenience and necessity has been filed with the Director of the Mississippi State Highway Commission as herein required, the highway commission shall proceed to locate, survey and have constructed such link or highway or public road in such quality and standards as may be found to adequately serve such proposed industry.

The Mississippi Department of Economic Development shall not select or designate any link of public road or highway more than ten (10) miles long to connect any industrial site, harbor or port facility with any existing public road or highway, nor shall such board designate or select any link or links of road in an excess of a total of two hundred (200) miles of highways or public roads.

Any highway or public road selected, designated and constructed under the provisions of this section shall be constructed from the highway fund within which highway district such highway or road has been selected, designated and constructed.

The provisions of this section shall not be construed to alter, change or amend any other statutes of the State of Mississippi designating highways, state-aid roads or other public roads, and any limitations placed upon the total miles of such highways, state-aid roads, or public roads shall not be affected by the provisions of this section.

HISTORY: Codes, 1942, § 8021.8; Laws, 1957, Ex. Sess. ch. 16, §§ 1-5; Laws, 1989, ch. 524, § 26, eff from and after July 1, 1989.

Editor’s Notes —

Laws, 1989, ch. 524, § 36, provides as follows:

“SECTION 36. The repeal or amendment of this act shall not reduce the terms of any tax reduction, special tax incentive or financial assistance agreed upon pursuant to official action by the Department of Economic Development, the State Tax Commission or other appropriate agency of the state or political subdivision thereof prior to the effective date of such repeal or amendment.”

Section 57-1-54 provides that wherever the term “Mississippi Department of Economic Development” appears in any law the same shall mean the Department of Economic and Community Development.

§ 65-1-43. Costs and feasibility surveys for toll highways and bridges to offshore islands.

When it is deemed feasible and advisable to promote the tourist industry of the State of Mississippi by providing more attractions as would be available in development of offshore islands, the Mississippi State Highway Commission is authorized to make costs and feasibility surveys for toll highways and bridges to offshore islands.

The Mississippi Highway Commission is authorized to employ expert engineering and economic assistance for such surveys when it is deemed advisable by the commission. The State Highway Commission is limited to a maximum amount of fifty thousand dollars ($50,000.00) for the purpose of carrying out the provisions of this section.

In the event that any bonds are issued as a result of the feasibility surveys authorized under the provisions of this section, the State Highway Commission shall be reimbursed for all of the expenditures authorized herein, and said expenditures shall be paid from the first proceeds of any bond issue herein.

HISTORY: Codes, 1942, § 8038-11; Laws, 1962, ch. 441, §§ 1-4.

§ 65-1-44. Instruction course for weight and tax enforcement personnel.

Agents and employees of the Mississippi Department of Transportation who are charged with the enforcement of the weight laws and the motor vehicle privilege tax laws of this state pursuant to Sections 63-5-43 and 27-19-137, Mississippi Code of 1972, shall, as soon as practicable after being appointed enforcement personnel, and in order to continue serving as such, successfully complete a course of instruction at the Mississippi Law Enforcement Officers’ Training Academy, which course shall be established by an agreement between the Mississippi Department of Transportation and the Commissioner of Public Safety pursuant to Section 45-5-7, Mississippi Code of 1972.

HISTORY: Laws, 1992, ch. 496, § 22, eff from and after July 1, 1992.

Editor’s Notes —

Provisions substantially identical to those in §65-1-44 were formerly contained in repealed §27-3-14.

§ 65-1-45. Weight limitation on highways and bridges.

The State Highway Commission is hereby authorized and empowered to restrict or prohibit the use of any state highway or bridge or to reduce the allowable weight permitted on any state highway or bridge when, due to any special weather or other hazard, such highways or bridges have been weakened or when such highways have substandard surfacing or weak bridges due to any cause. Likewise, the board of supervisors of any county shall have the same regulatory powers as granted the highway department in this section. It shall be the duty of the State Highway Commission and the boards of supervisors of the counties to post sufficient warning on any highway or bridge restricted in any manner, so that such restriction may be understood by the operator of any vehicle. Any person who shall operate a vehicle on any highway, road, or bridge when such highway, road, or bridge is under restriction, in violation of such restriction, shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of section 63-9-11, Mississippi Code of 1972, providing for the punishment of misdemeanors.

HISTORY: Codes, 1942, § 8271; Laws, 1958, ch. 501; Laws, 1960, ch. 409; Laws, 1963, 1st Ex. Sess. ch. 22; Laws, 1964, ch. 458, §§ 1, 2; Laws, 1964, 1st Ex. Sess. ch. 33, eff from and after passage (approved July 15, 1964).

Editor’s Notes —

Laws, 1962, ch. 424, provides as follows:

“SECTION 1. Notwithstanding any other provisions of law to the contrary, it is hereby expressly provided and the Legislature so declares that the load limits on Mississippi Highway No. 35 from the Town of Vaiden in Carroll County to the City of Forest in Scott County shall be the same as the load limit on the United States designated highways intersected by said Mississippi Highway No. 35. Provided, however, that the provisions of this section shall only apply to the transportation of agricultural and poultry products.”

Laws, 1964, ch. 459, provides as follows:

“SECTION 1. Notwithstanding any other provisions of law to the contrary, it is hereby expressly provided, and the Legislature so declares, that the load limits on Mississippi Highway No. 16 from the intersection of Highway 397 and Highway 16, west of the town of DeKalb, in Kemper County, to the Alabama line, shall be the same as the load limit on the United States designated highways. Provided, however, that the provisions of this section shall only apply to the transportation of agricultural and forestry products.”

Laws, 1966, ch. 509, provides as follows:

“SECTION 1. Notwithstanding any other provisions of law to the contrary, it is hereby expressly provided, and the Legislature so declares, that the load limits on Mississippi Highway 37 from its intersection with Mississippi Highway 35 South of the Town of Raleigh in Smith County, Mississippi, to its intersection with U. S. Highway 84 in Covington County, Mississippi, shall be the same as the load limit on the United States designated highway intersected by said Mississippi Highway 37.”

Laws, 1966, ch. 505, provides as follows:

“SECTION 1. Notwithstanding any other provisions of law to the contrary, it is hereby expressly provided, and the Legislature so declares, that the load limits on Mississippi Highway No. 16 from the intersection of Highway 397 and Highway 16, west of the Town of DeKalb, in Kemper County, to the Alabama line, shall be the same as the load limit on the United States designated highways. Provided, however, that the provisions of this section shall only apply to the transportation of the agricultural and forestry products and earthen and clay substances extracted from the soil of said county which may be used as raw materials for manufacturing purposes.”

Laws, 1966 Ex Sess, ch. 38, provides as follows:

“SECTION 1. Notwithstanding any other provisions of law to the contrary, it is hereby expressly provided, and the Legislature so declares, that the load limits on Mississippi Highway No. 32 from the intersection of Highway 35 and Highway 32, east of the Town of Charleston, in Tallahatchie County, to the Oakland Interchange with Interstate Highway No. 55 in Yalobusha County, shall be the same as the load limit on the United States Interstate designated highways, provided, however, that said load limit shall not be increased until the completion of the bridge now under construction on the section of said Highway 32 described herein.”

Cross References —

Authority of state highway commission to supersede certain exceptions on gross weight limits of short-wheelbase trucks, see §63-5-34.

OPINIONS OF THE ATTORNEY GENERAL

A County Board of Supervisors has the authority to prohibit full 80,000 loads of logs produced on “such places of production” from being transported by the “nearest route” if such nearest route has a low weight limit imposed on it by the county. Barrett, Dec. 5, 1997, A.G. Op. #97-0723.

The statute does not grant the Transportation Commission the authority to limit weights of vehicles traveling state highways solely for public safety reasons. Hall, Oct. 20, 2000, A.G. Op. #2000-0499.

RESEARCH REFERENCES

ALR.

Power to limit weight of vehicle or its load with respect to use of streets or highways. 75 A.L.R.2d 376.

Am. Jur.

7A Am. Jur. 2d, Automobiles and Highway Traffic §§ 183, 208.

5 Am. Jur. Proof of Facts 3d, Meteorological Conditions at a Particular Time and Place, §§ 1 et seq.

CJS.

60 C.J.S., Motor Vehicles § 32.

§ 65-1-46. Appeals Board; appeal of penalty for excess weight; judicial review.

  1. There is created an Appeals Board of the Mississippi Transportation Commission. If any person feels aggrieved by a penalty for excess weight assessed against him by an agent or employee of the Mississippi Department of Transportation pursuant to Section 27-19-89, he may apply to the Appeals Board.
  2. The members serving on the Appeals Board on April 7, 1995, shall continue to serve until July 1, 1995. On July 1, 1995, the Appeals Board shall be reconstituted to be composed of five (5) qualified people. The initial appointments to the reconstituted board shall be made no later than June 30, 1995, for terms to begin July 1, 1995, as follows: One (1) member shall be appointed by the Governor for a term ending on June 30, 1996, one (1) member shall be appointed by the Lieutenant Governor for a term ending on June 30, 1997, one (1) member shall be appointed by the Attorney General for a term ending on June 30, 1998, one (1) member shall be appointed by the Chairman of the State Tax Commission for a term ending on June 30, 1999, and one (1) member shall be appointed by the Executive Director of the Mississippi Department of Transportation for a term ending on June 30, 2000. After the expiration of the initial terms of the members of the reconstituted board, all subsequent appointments shall be made for terms of four (4) years from the expiration date of the previous term. Any member serving on the Appeals Board before July 1, 1995, may be reappointed to the reconstituted appeals board. Appointments to the board shall be with the advice and consent of the Senate; however, the advice and consent of the Senate shall not be required for the appointment of a person to the reconstituted appeals board for a term beginning on July 1, 1995, if such person was serving as a member of the Appeals Board on June 30, 1995, and such person received the advice and consent of the Senate for that appointment.
  3. There shall be a chairman and vice chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board’s duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41.

    Application shall be made by petition in writing, within thirty (30) days after assessment of the penalty, for a hearing and a review of the amount of the assessment. At the hearing the Appeals Board shall try the issues presented according to the law and the facts and within guidelines set by the Transportation Commission. Upon due consideration of all the facts relating to the assessment of the penalty, the appeals board, except as otherwise provided under this section or under Section 27-19-89, may require payment of the full amount of the assessment, may reduce the amount of the assessment or may dismiss imposition of the penalty entirely. The Appeals Board shall dismiss in its entirety the imposition of any penalty imposed against the holder of a harvest permit if the permittee proves to the Appeals Board, by clear and convincing evidence, that the average load transported by the permittee during the permittee’s last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed did not exceed eighty thousand (80,000) pounds. The Appeals Board shall reduce the penalty assessed against the holder of a harvest permit to a maximum of Two Cents (2¢) per pound of overweight if the permittee proves to the Appeals Board, by clear and convincing evidence, that the average load transported by the permittee during the permittee’s last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed exceeded seventy-nine thousand nine hundred ninety-nine (79,999) pounds but did not exceed eighty-four thousand (84,000) pounds. The board shall make such orders in the matter as appear to it just and lawful and shall furnish copies thereof to the petitioner. If the Appeals Board orders the payment of the penalty, the petitioner shall pay the penalty, damages and interest, if any, within ten (10) days after the order is issued unless there is an application for appeal from the decision of the board as provided in the succeeding paragraph. Interest shall accrue on the penalty at the rate of one percent (1%) per month, or part of a month, beginning immediately after the expiration of the ten-day period.

    If any person feels aggrieved by the decision of the Appeals Board, he may appeal the decision to the Chancery Court of the First Judicial District of Hinds County.

HISTORY: Laws, 1992, ch. 496, § 23; Laws, 1994, ch. 501, § 1; Laws, 1995, ch. 589, § 1, eff from and after passage (approved April 7, 1995).

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Section 27-3-4 provides that the terms “‘Chairman of the Mississippi State Tax Commission,’ ‘Chairman of the State Tax Commission,’ “Chairman of the Tax Commission’ and ‘chairman’ appearing in the laws of this state in connection with the performance of the duties and functions by the Chairman of the Mississippi State Tax Commission, the Chairman of the State Tax Commission or the Chairman of the Tax Commission shall mean the Commissioner of Revenue of the Department of Revenue.”

RESEARCH REFERENCES

Am. Jur.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Forms 181-188 (administrative appeal and review of determinations).

CJS.

73A C.J.S., Public Administrative Law and Procedure §§ 305-312.

§ 65-1-47. Control of highways; eminent domain.

The State Highway Commission shall have complete authority to issue rules, regulations and orders under which the State Highway Department shall have control and supervision, with full power and authority under rules, regulations and orders issued by the commission, to locate, relocate, widen, alter, change, straighten, construct or reconstruct any and all roads on the state highway system heretofore or hereafter taken over by it for maintenance as a part of such system, and shall have full and complete authority for regulating the making of all contracts, surveys, plans, specifications and estimates for the location, laying out, widening, straightening, altering, changing, constructing, reconstructing and maintaining of and the securing of rights-of-way for any and all such highways, and to authorize the employees of the State Highway Department to enter upon private property for such purposes.

The State Highway Department, under the rules, regulations and orders spread upon the minutes of the State Highway Commission, is authorized and empowered to obtain and pay for the rights-of-way of such width as it may determine to be necessary for such highway or for any alteration or change therein or relocation thereof by agreement with the owners of such lands. Rights-of-way of not less than sixty (60) feet wide shall be acquired except within the boundaries of towns and cities where unusual conditions exist, in which case the commission is authorized and empowered to have obtained and paid for such rights-of-way of such width as it may determine to be necessary. Said commission may have condemned any and all land or other property needed for such purposes or either of them; may have condemned or acquired by gift or purchase lands containing road building materials and develop and operate pits, mines or other properties for the purpose of obtaining road material; and have condemned or acquired by gift or purchase lands necessary for the safety and convenience of traffic.

Said commission, in case an agreement cannot be reached with the owners of land containing road building materials or of any additional land necessary for widening any existing public highways, for laying out a new public highway, or for changing the route of an existing public highway, as provided in the foregoing part of this section, shall be authorized to have condemned any land needed for either of said purposes, as is fully set forth in this section. The proceedings to acquire such lands by a condemnation shall be in conformity with the statutes on the subject of “eminent domain,” the power of eminent domain being hereby expressly conferred upon said commission for such purposes. Such proceedings shall take precedence over all other causes not involving the public interest in all courts and shall be given preference to the end that construction and reconstruction of highways hereunder may not be unreasonably delayed. The amount of such compensation and damages, if any, awarded to the owner in such proceedings shall be paid out of the State Highway Fund. The authorities constructing such highway, under the authority as provided in this section, shall use diligence to protect growing crops and pastures and to prevent damage to any property not taken. So far as possible, all rights-of-way shall be acquired or contracted for before any construction contract work order is issued.

The estate which the State Highway Commission is authorized to acquire by deed or condemnation as set forth above shall include all rights, title and interest in and to the lands or property being acquired, excepting and excluding all the oil and gas therein or thereunder and such other rights, title or interest which are expressly excepted and reserved to the property owner, his successors, heirs or assigns in the deed or condemnation petition by which the property is acquired. Any property interest acquired may be in unlimited vertical dimension. The State Highway Commission shall decide what right, title and interest are necessary for highway purposes on each particular project and may, by order on its minutes, authorize its agents to expressly except all or any others.

HISTORY: Codes, 1930, § 4998; 1942, § 8023; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 8; Laws, 1949, Ex. Sess. ch. 6, § 12; Laws, 1981, ch. 464, § 6; Laws, 1987, ch. 406, eff from and after July 1, 1987.

Cross References —

Constitutional provision requiring compensation for taking of private property, see Miss. Const. Art. 3, § 17.

Appointment of additional assistant attorneys general to handle legal affairs of highway commission, see §7-5-13.

Eminent domain generally, see §§11-27-1 et seq.

Exercise of right of immediate possession by State Highway Commission, see §§11-27-81 et seq.

Powers and duties of the highway commission, generally, see §65-1-8.

Conveyance of easements for highway purposes, see §65-1-49.

Applicability of this section to acquisition of rights-of-way in municipalities, see §65-1-75.

OPINIONS OF THE ATTORNEY GENERAL

School district was without authority to expend funds for construction of turn lane on state highway; responsibility is within purview of Mississippi Department of Transportation pursuant to Section 65-1-47. Everett, Feb. 11, 1994, A.G. Op. #94-0037.

The Mississippi Transportation Commission may, but is not required to, withhold retainage in contracts for the construction, improvement, or maintenance of roads and bridges. Kopf, Dec. 3, 1999, A.G. Op. #99-0641.

RESEARCH REFERENCES

ALR.

Interest on damages for period before judgment for injury to, or detention, loss, or destruction of property. 36 A.L.R.2d 337.

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 67 et seq., 198 et seq.

9 Am. Jur. Pl & Pr Forms (Rev), Eminent Domain, Form 31.1 (Complaint, petition, or declaration – For condemnation – By state agency – For state transportation facility).

9 Am. Jur. Pl & Pr Forms (Rev), Eminent Domain, Forms 31-33 (forms of complaint, petition or declaration for condemnation of land for highways).

9 Am. Jur. Pl & Pr Forms (Rev), Eminent Domain, Forms 311 et seq. (remedies and defenses of owners).

7B Am. Jur. Legal Forms 2d, Eminent Domain § 97:17. (offer to purchase land prior to condemnation).

4 Am. Jur. Proof of Facts, Eminent Domain, Proof No. 1 (proving damages for taking of land).

8 Am. Jur. Trials 57, Condemnation of Rural Property for Highway Purposes.

CJS.

29A C.J.S., Eminent Domain §§ 30 et seq., 157.

JUDICIAL DECISIONS

I. Under Current Law.

1. In general.

2. Discretionary power of commission.

3. Access to highway.

4. Right to enter upon property.

5. Executory interests.

6. Appeals.

II. Under Former Law.

7. In general.

8. Change in location of, or abandonment of road as, state highway.

9. Taking of property.

10. Liability for damages.

11. Miscellaneous.

I. Under Current Law.

1. In general.

A court is without power to close a public road in private litigation between individuals unless such action is predicated upon a finding that there has been a valid order of the Board of Supervisors closing the road, spread upon its minutes, if it is a county road, or that similar official action has been taken by the State Highway Commission and is reflected by its official records, if it is a state road or highway. Barrett v. Pilgrim, 317 So. 2d 382, 1975 Miss. LEXIS 1737 (Miss. 1975).

The Mississippi State Highway Commission can take by eminent domain in fee simple all rights, title, and interests in property that are necessary for the authorized purposes of the commission, including rights, title, and interests to timber, but excepting and excluding all oil and gas. Roberts v. Mississippi State Highway Com., 309 So. 2d 156, 1975 Miss. LEXIS 1864 (Miss. 1975).

Taking of property alongside a highway for the purpose of constructing a weighing scale to enforce the regulations regarding weights of loads and vehicles is within the contemplation of the eminent domain statutes. Roberts v. Mississippi State Highway Com., 309 So. 2d 156, 1975 Miss. LEXIS 1864 (Miss. 1975).

Diminution in the flow of traffic past property by changes in the highway system is not such a taking as to require compensation, though the value of the property may thereby be diminished. Morris v. Mississippi State Highway Com., 240 Miss. 783, 129 So. 2d 367, 1961 Miss. LEXIS 511 (Miss. 1961).

2. Discretionary power of commission.

Taking of the school’s property in order to expand a state highway was necessary, under Miss. Code Ann. §65-1-47, for the safety and convenience of the traveling public, and this constituted a proper use of the transportation commission’s eminent domain power. St. Andrew's Episcopal Day Sch. v. Transp. Comm'n, 806 So. 2d 1105, 2002 Miss. LEXIS 30 (Miss. 2002).

An order by the highway commission designating the name of the record title owner and his successors in title of the land sought to be acquired was sufficient to authorize proceedings in eminent domain in which all of the persons claiming an interest should have been named. Mississippi State Highway Com. v. Arndt, 304 So. 2d 281, 1974 Miss. LEXIS 1451 (Miss. 1974).

The state highway commission has the power to condemn school property. Harrison County School Board v. State Highway Com., 284 So. 2d 50, 1973 Miss. LEXIS 1248 (Miss. 1973).

In an eminent domain proceeding, the state highway commission is bound by its appraiser, and a judgment which is less than the commission’s appraiser’s estimate will be increased by the amount of difference. Jackson County Development, Inc. v. Mississippi State Highway Com., 262 So. 2d 416, 1972 Miss. LEXIS 1315 (Miss. 1972).

The determination of whether the taking of land for highway purposes is necessary is within the discretion of the commission, and the courts will not interfere unless fraud or a clear abuse of this discretion is shown. Mississippi State Highway Com. v. Jacob, 192 So. 2d 260, 1966 Miss. LEXIS 1237 (Miss. 1966).

Statutes conferring upon the state highway commission the power of eminent domain do not limit the power to the taking of such property as is needed or necessary, inasmuch as the effect of this legislation is to vest the broad discretion in the highway commission in selecting its routes and other details. Erwin v. Mississippi State Highway Com., 213 Miss. 885, 58 So. 2d 52, 1952 Miss. LEXIS 438 (Miss. 1952).

3. Access to highway.

Where the state highway commission constructed a nonaccess highway outside the right of way of an old highway, an abutting property owner, who improved his property for commercial purposes knowing that the permit that he had obtained from the state highway commission to construct direct access roads into the main traveled lanes of the highway were temporary, and without receiving any assurances that such access roads would be permitted to remain, could not recover damages for the improvements made upon his property. Harreld v. Mississippi State Highway Com., 234 Miss. 1, 103 So. 2d 852, 1958 Miss. LEXIS 455 (Miss. 1958).

In a proceeding to condemn a strip of land lying along the side of a limited-access highway to be used as a service or frontage road which would be connected with the lanes of travel on the main highway at interchanges, where the state highway commission had determined that abutting property owners should retain the right of direct access to the service or frontage road, and that such right should be excepted from the condemnation petition and reserved to the abutting property owners, an abutting property owner was not entitled to have damages assessed on the theory that she would be denied access to such service or frontage road. Muse v. Mississippi State Highway Com., 233 Miss. 694, 103 So. 2d 839, 1958 Miss. LEXIS 432 (Miss. 1958).

4. Right to enter upon property.

Employees of the commission are authorized by this section to enter upon private property, and it was error to permit landowners to offer proof that the appraiser for the commission was a “rank trespasser” by going upon the land for purposes of appraisal without the consent of the owners. Mississippi State Highway Com. v. Ratcliffe, 251 Miss. 785, 171 So. 2d 356, 1965 Miss. LEXIS 902 (Miss. 1965), aff'd, 187 So. 2d 304, 1966 Miss. LEXIS 1342 (Miss. 1966).

5. Executory interests.

The negotiated conveyance in lieu of eminent domain of a portion of the property used as a church and cemetery by the occupying church organization to the state highway commission for highway purposes did not constitute an abandonment of the conveyed property for the purpose for which it was originally granted so as to give the holders of a mere possibility of reverter therein a cause of action against the highway department, particularly where there was no evidence that the remainder of the property would not continue to be used for the purposes for which it was conveyed. Patrick v. Mississippi State Highway Com., 184 So. 2d 850, 1966 Miss. LEXIS 1482 (Miss. 1966).

Compensation should be made to the owners of executory interests upon a defeasible fee. Hemphill v. Mississippi State Highway Com., 245 Miss. 33, 145 So. 2d 455, 1962 Miss. LEXIS 529 (Miss. 1962).

6. Appeals.

The state highway commission does not waive its right to appeal a condemnation proceeding by taking physical possession without first paying damages. Mississippi State Highway Com. v. Rogers, 236 Miss. 800, 112 So. 2d 250, 1959 Miss. LEXIS 379 (Miss. 1959).

An appeal from an interlocutory decree of a chancellor refusing to grant a preliminary injunction against the state highway commission enjoining state highway commission from proceeding further with certain eminent domain proceedings, is entitled to be heard as a preference case and to be advanced on the supreme court docket. Howell v. Howell, 213 Miss. 141, 56 So. 2d 392, 1952 Miss. LEXIS 342 (Miss. 1952).

II. Under Former Law.

7. In general.

Court cannot give language of statutes respecting highway commission’s powers restricted or over-technical interpretation. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

8. Change in location of, or abandonment of road as, state highway.

Under statute designating state highway, highway commission could follow old line of road wherever practicable and depart from old line to straighten road or find better location. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

Highway commission could change location and fix length of state highway in conjunction with Federal-aid authorities, to shorten its mileage and eliminate two grade crossings. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

Taxpayers owning property abutting on State highway to be abandoned for shorter route could not challenge validity of highway statute, since there was no legal damage to them by removal of state highway so long as there remained public highway, maintained as such, in substantially same location. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

Abutting property owners seeking injunction were held to have sustained no legal injury, where highway commission abandoned part of state highway for shorter and safer route, since commission acted within limits of rightful authority. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

There is no law preventing board of supervisors from retaking public road abandoned as State highway. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

9. Taking of property.

The state highway commission acquires only an easement or right of way in land condemned for highway purposes; mineral rights are not included. Whitworth v. Mississippi State Highway Com., 203 Miss. 94, 33 So. 2d 612, 1948 Miss. LEXIS 234 (Miss. 1948).

The estate acquired by the highway commission for highway purposes is measured by the language of the statutes and not of the deeds. Whitworth v. Mississippi State Highway Com., 203 Miss. 94, 33 So. 2d 612, 1948 Miss. LEXIS 234 (Miss. 1948).

Whatever reservation the state highway commission could lawfully allow in a deed from the owner, they may allow and stipulate in the petition for condemnation, and when so stipulated, the terms thereof are as binding upon the commission as if the same stipulations had been contained in a deed from the owner, as against the contention that inasmuch as the section provides for the condemnation of the land, the interest condemned must be of the entire land without any reservation whatever. Dantzler v. Mississippi State Highway Com., 190 Miss. 137, 199 So. 367, 1941 Miss. LEXIS 42 (Miss. 1941).

A condemnor of a right of way for a public road does not take the entire fee in the land, all other rights consistent with the existence of the easement for road purposes remaining in the original owner. Dantzler v. Mississippi State Highway Com., 190 Miss. 137, 199 So. 367, 1941 Miss. LEXIS 42 (Miss. 1941).

Code 1942, § 8023 required as a condition precedent to a condemnation of land by the highway commission that an attempt first be made to agree with the owner; and while this effort had to be in good faith and on reasonable terms, the attempt need not have been pursued further than to develop the fact that an agreement was impossible at any price which the condemning party was willing to pay. Dantzler v. Mississippi State Highway Com., 190 Miss. 137, 199 So. 367, 1941 Miss. LEXIS 42 (Miss. 1941).

The charge of arbitrariness or want of good faith on the part of the highway commission as regards an offer made by it for a strip of land for the construction of a highway, was refuted where it was evident from the record in the eminent domain proceeding that no prolongation of the effort of the commission to agree with the owner would have produced an agreement, save on terms which the commission would have regarded as requiring an unjust payment out of public funds which it was their duty to endeavor to conserve, and the verdict in the eminent domain proceedings awarding the sum offered by the commission could be pointed to as a sufficient refutation of the charge. Dantzler v. Mississippi State Highway Com., 190 Miss. 137, 199 So. 367, 1941 Miss. LEXIS 42 (Miss. 1941).

Evidence in eminent domain proceeding of the price paid in settlement of other condemnation proceedings or the sum paid by the condemnor for similar lands, even if proceedings had not been begun is not admissible, such payments being in the nature of compromise to avoid the expense and uncertainty of litigation and not fair indication of market value. Dantzler v. Mississippi State Highway Com., 190 Miss. 137, 199 So. 367, 1941 Miss. LEXIS 42 (Miss. 1941).

Nine thousand dollars for one hundred and one acres of land was not excessive. Mississippi State Highway Com. v. Williamson, 181 Miss. 399, 179 So. 736, 1938 Miss. LEXIS 82 (Miss. 1938).

Landowners were entitled to recover compensation from state highway commission for strip of land taken for state highway without condemnation or compensation, as against contention of commission that it was not at time of taking of land a corporation so that it could be sued, where commission was thereafter incorporated, since trespass was continuing one so that cause of action arose when commission was incorporated. State Highway Com. v. Flint, 177 Miss. 830, 172 So. 299, 1937 Miss. LEXIS 166 (Miss. 1937).

In eminent domain proceeding, where court gave numerous instructions fixing measure of damages as difference between fair market value of land and buildings before taking and value of what remained after taking, inconsistent instruction fixing replacement value as measure of damages was reversible error, where jury awarded approximately highest estimate, according to replacement value. Mississippi State Highway Dep't v. Blackburn, 172 Miss. 554, 160 So. 73, 1935 Miss. LEXIS 140 (Miss. 1935).

10. Liability for damages.

State highway commission was liable to a property owner for damage to her land, resulting from the use thereof for parking its machinery, during the course of road construction and as an essential part of its work, over the protest of the landowner. State Highway Com. v. Mason, 192 Miss. 576, 4 So. 2d 345, 6 So. 2d 468, 1941 Miss. LEXIS 6 (Miss. 1941).

State highway commission was not liable for negligence of its engineers in so constructing ditches on sides of highway as to cause water of creek to overflow farm lands. State Highway Com. v. Knight, 170 Miss. 60, 154 So. 263, 1934 Miss. LEXIS 97 (Miss. 1934).

11. Miscellaneous.

Owner of land is not liable for the death of employee of state highway department, who entered under authority of former section and Code 1942, $2776, irrespective of his negligence, provided it did not amount to willful or wanton negligence since these sections merely divest intruder of penalties of trespasser and confer no greater rights than belong to licensee. Westmoreland v. Mississippi Power & Light Co., 172 F.2d 643, 1949 U.S. App. LEXIS 2755 (5th Cir. Miss. 1949).

Where a state highway employee, while operating a long drilling auger to test the subsoil of a proposed highway route across a cultivated field at a point in the right of way of an electric company, was electrocuted when the auger, on being lifted, came in contact with a high voltage wire thirteen and a half feet from the ground, neither the electric company, which, so far as shown, had no knowledge of the presence of the highway employee, nor the representative of the state highway department, through whom he had been engaged, was liable for his death, the statute divesting the intruder of the penalties and responsibilities of a trespasser by justifying his act, but not giving him any greater rights than those belonging to a licensee, and the duty of the owner of the land to guard against injury in such cases being governed by the rules applicable to trespassers. Roberts v. Mississippi Power & Light Co., 193 Miss. 627, 10 So. 2d 542, 1942 Miss. LEXIS 152 (Miss. 1942).

The state highway commission was liable to suit by a contractor with whom the commission contracted to construct a highway for breach of the contract in failing properly to furnish rights of way as provided therein, proximately causing such contractor additional expense in maintaining the work, the breach and its proximate consequences having occurred during and directly in and about the actual work of the performance of the contract, and against the contention that the commission was subject to suit by a contractor only for any failure by the commission to pay the contractor for any labor done or materials furnished by the contractor under and in accordance with the terms of his contract with the commission for the road construction work at the sums or prices specifically stipulated in the contract. Wunderlich v. State Highway Com., 183 Miss. 428, 184 So. 456, 1938 Miss. LEXIS 257 (Miss. 1938).

Designation of state highway by giving principal points between Tennessee and Louisiana was sufficient. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

§ 65-1-49. Easements for highway purposes.

The conveyance or assignment of easements for highway purposes may be made by the owner thereof to the Mississippi State Highway Commission or the board of supervisors of any county for highway purposes. All actions by any person owning any interest in the land involved in such conveyance or assignment accruing as a result thereof must be brought within three years after the date of such conveyance or assignment; provided, however, that the land involved is actually used for highway purposes or notice is posted thereon that it will be used for highway purposes within said three-year period, otherwise said period shall be six years from the date of such conveyance or assignment.

The procedure provided hereby with reference to the conveyance or assignment of easements is supplemental to all rights and powers now authorized for and existing under the present law in said commission and boards, and is not intended as a limitation on same in any manner.

HISTORY: Codes, 1942, § 8038.1; Laws, 1950, ch. 410, §§ 1, 2.

Cross References —

Commission’s eminent domain power, see §65-1-47.

RESEARCH REFERENCES

Am. Jur.

7A Am. Jur. Legal Forms 2d, Easements and Licenses in Real Property § 94:62 (construction and maintenance of highway).

JUDICIAL DECISIONS

1. In general.

A right-of-way easement granted to the Mississippi State Highway Commission for a specific public right-of-way of a certain highway ceased to exist when the commission determined that a portion of that easement was no longer needed by the public. Thus, the commission could not convey the fee simple title to the property, but could only abandon its easement. Mississippi State Highway Com. v. McClure, 536 So. 2d 895, 1988 Miss. LEXIS 424 (Miss. 1988).

A landowner can convey, by instrument, an easement to the Highway Department. Mississippi State Highway Com. v. Wood, 487 So. 2d 798, 1986 Miss. LEXIS 2446 (Miss. 1986).

This section does not limit the time in which a granter of land prior to the assignment of a highway easement by his granter may claim damages for wrongful taking. Mississippi State Highway Com. v. Parker, 249 Miss. 22, 162 So. 2d 852, 1964 Miss. LEXIS 371 (Miss. 1964).

§ 65-1-51. Land adjacent to highway rights of way; wetlands.

The Mississippi Transportation Commission may acquire by gift, purchase or otherwise, and may have the Mississippi Department of Transportation improve and maintain strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to the state highway rights-of-way. The commission may acquire and have the Transportation Department develop publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.

The Mississippi Transportation Commission, in its discretion, may acquire by gift, purchase or otherwise, including the exercise of eminent domain, public or privately owned wetlands and other lands suitable for creation as wetlands for the purpose of mitigating wetland losses and replacing those wetlands purchased and damaged or eliminated by development and use, on a basis not to exceed that required by the Federal Highway Administration as a condition for receiving federal aid funds, provided that some governmental agency or approved organization agrees, without compensation, to accept title to the lands acquired and maintain such lands as wetlands in perpetuity. However, the commission shall replace those coastal wetlands purchased and damaged or eliminated by development and use on the basis required by the “Coastal Wetlands Protection Law” and regulations promulgated thereunder by the Mississippi Commission on Marine Resources.

The Mississippi Transportation Commission, in its discretion, may acquire by gift, purchase or otherwise, wetlands credits from an approved organization with a plan establishing a wetland mitigation bank. The commission shall, if possible, acquire credits on wetlands within the State of Mississippi before acquiring credits on wetlands located outside the State of Mississippi.

HISTORY: Codes, 1942, § 8023.3; Laws, 1966, ch. 498, § 1; Laws, 1981, ch. 398, § 1; Laws, 1981, ch. 464, § 7; Laws, 1989, ch. 382, § 1; Laws, 2000, ch. 516, § 130; Laws, 2000, ch. 575, § 1, eff from and after July 1, 2000.

Joint Legislative Committee Note —

Section 130 of ch. 516, Laws, 2000, effective from and after its passage (approved April 30, 2000), amended this section. Section 1 of ch. 575, Laws, 2000, effective from and after July 1, 2000, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 575, Laws, 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Cross References —

Wetlands, generally, see §§49-27-1 et seq.

Security guards for rest and recreation areas located adjacent to highway rights-of-way, see §§65-1-129 through65-1-137.

OPINIONS OF THE ATTORNEY GENERAL

Section 65-1-51 does not authorize the exercise of eminent domain for the sole purpose of acquiring lands for use as ecosystems or endangered species habitat or for the creation of ecosystems or endangered species habitat. Hamilton, April 20, 1995, A.G. Op. #95-0253.

JUDICIAL DECISIONS

1. In general.

In an inverse condemnation proceeding, if the Mississippi Transportation Commission were required to acquire a landowner’s land used for a park in fee, a failure to so instruct a jury was not reversible error because such an instruction would not have affected the final result of the case, so the landowner was not prejudiced. Bay Point Props. v. Miss. Transp. Comm'n, 201 So.3d 1046, 2016 Miss. LEXIS 282 (Miss. 2016), cert. denied, — U.S. —, 137 S. Ct. 2002, 198 L. Ed. 2d 750, 2017 U.S. LEXIS 4057 (U.S. 2017).

§ 65-1-53. Repealed.

Repealed by Laws, 1995, ch. 397, § 1, eff from and after passage (approved March 15, 1995).

[Codes, 1942, § 8023.5; Laws, 1948, ch. 336, §§ 1, 2]

Editor’s Notes —

Former §65-1-53 was related to filing of plats of rights of ways.

§ 65-1-55. Noxious weeds and plants prohibited in rights of way.

No seed can be bought or planted by the Mississippi Highway Department for right of way seeding that contain more than the maximum allowance for noxious weed seed as prescribed by the Mississippi Pure Seed Law and regulations. No sodding will be allowed that contains prohibited noxious weed plants or tubers.

HISTORY: Codes, 1942, § 8038-21; Laws, 1964, ch. 460, § 1, eff from and after June 5, 1964.

Cross References —

Agricultural seeds generally, see §§69-3-1 et seq.

§ 65-1-57. Secondary highways.

It shall be the duty of the Highway Commission to issue rules and regulations for the State Highway Department to construct all secondary roads, when taken over for construction and maintenance, up to such standard of specifications and with such surfacing material as the Highway Commission may determine from a traffic census of the use and importance thereof as would be justified from a standpoint of economy and convenience to the traveling public. To this end the Highway Commission is authorized, in dealing with said secondary roads, to have the highway department place surfacing material on said secondary roads. All secondary roads shall be constructed and maintained with a view of being eventually hard surfaced as provided for primary roads.

HISTORY: Codes, 1930, § 5000; 1942, § 8032; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 10 (second paragraph); Laws, 1981, ch. 464, § 8, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Paving of highways, see §65-1-61.

Maintenance of state highways generally, see §65-1-65.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 62 et seq.

13A Am. Jur. Pl & Pr Forms (Rev), Highways, Streets, and Bridges, Form 533. (petition or application by abutting owner for writ of mandamus to compel maintenance and repair of public road).

CJS.

40 C.J.S., Highways §§ 175 et seq.

§ 65-1-59. Status of existing state highways; annual report of recommendations.

  1. It shall be the duty of the Mississippi Transportation Commission to have the Mississippi Transportation Department carry out all contracts and agreements, including federal-aid projects and agreements under the County Highway Aid Law of 1946, being Sections 65-11-1 through 65-11-37, heretofore made or entered into with any county, subject, however, to applicable rules and regulations of the Federal Highway Administration. It shall be the duty of the Transportation Commission to continue to have the Mississippi Transportation Department maintain all state highways now under maintenance or hereafter taken over for maintenance, the purpose of this provision being to preserve the status quo of all state highways insofar as such highways have been taken over and control and jurisdiction has been assumed by the Mississippi Transportation Commission and Mississippi Transportation Department; however, except as otherwise provided in this section, if any highway or link of highway is removed from the state highway system by legislative act or by relocation or reconstruction, it shall no longer be maintained by or be under the jurisdiction of the Mississippi Transportation Commission or Mississippi Transportation Department, but shall be returned to the jurisdiction of the board of supervisors of the county or governing authorities of the municipality through which such road runs. Except as to segments of highways shorter than three (3) miles which have been or which are hereafter replaced through curve straightening or minor realignment, the Transportation Commission shall retain and have the Mississippi Transportation Department maintain as state highways all portions of U.S. highways that either before or after July 1, 1989, have been or are replaced and constructed as a part of the interstate highway system, or four-lane primary system, or which are replaced and constructed or are designated to be replaced and constructed as part of the highway system under Section 65-3-97, including portions of all such highways so replaced, or which under Section 65-3-97 are designated to be replaced, by municipal bypasses; and such highways and portions thereof shall be continued to be maintained as a part of the Mississippi state highway system until removed from such system by legislative act. All such highways and portions thereof which, by virtue of the provisions of this section, are returned on or after July 1, 1989, to the jurisdiction of the Mississippi Transportation Commission shall be maintained by the Mississippi Transportation Department only to the traffic capacities existing at the time that they are returned and any subsequent traffic capacity improvements or other improvements desired by the county or municipality within which such highway or portion thereof is located shall be performed in accordance with highway standards approved by the Transportation Commission and the expenses for making such improvements shall be paid by the county or municipality; however, all highways and portions thereof so improved by the county or municipality shall thereafter be maintained by the Mississippi Transportation Department. Before any highway or portion thereof is returned to the Transportation Commission under this section, the county or municipality having jurisdiction thereof shall remove or cause to be removed by July 1, 1991, all right-of-way encroachments along the entire length of the highway or portion thereof which are not permitted by Transportation Commission and Transportation Department policies and rules and regulations adopted pursuant to state and federal law. Any such encroachments may be allowed to remain only by permits issued by the Mississippi Transportation Department in the manner and subject to the same conditions for the issuance of permits for similar encroachments on other highways on the state highway system. If traffic counts indicate that any highway or portions thereof placed under the jurisdiction of the Transportation Commission under the provisions of this section no longer form a substantial part of the state highway system, the Transportation Commission may request the Legislature to remove such highways or portions thereof from the state highway system and return said roads for maintenance to the county or municipality in which they are located, as provided in subsection (2) of this section. The highways which the Transportation Department is required to continue to maintain by virtue of the provisions of this section shall be in addition to the total mileage limitation of eight thousand six hundred (8,600) miles provided in Section 65-3-3.
  2. The Mississippi Transportation Commission shall, no later than October 1, 1981, and October 1 each year thereafter, furnish the Transportation Committee of the House of Representatives and the Highways and Transportation Committee of the Senate a recommendation for deletion of those highways or sections of highways which should be removed from the system.

HISTORY: Codes, 1930, § 5001; 1942, § 8033; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 11; Laws, 1949, Ex Sess ch. 6, § 10; Laws, 1964, ch. 451, § 1; Laws, 1981, ch. 464, §§ 9, 33; Laws, 1985, ch. 537, § 5; Laws, 1989, ch. 344, § 1; Laws, 1990, ch. 361, § 1; Laws, 2002, ch. 582, § 8, eff from and after July 1, 2002.

Cross References —

Reversion to jurisdiction of city any street used as a state highway, upon relocation or abandonment as such by the state, see §65-1-75.

Another provision regarding reversion of roads removed from the state road system to jurisdiction of counties and political subdivisions, see §65-1-147.

Other annual reports to be made by the commission, see 65-1-149.

OPINIONS OF THE ATTORNEY GENERAL

As to a designated U.S. Highway pursuant to §65-3-3, segments longer than three miles cannot be removed from the jurisdiction and maintenance of the Mississippi Department of Transportation pursuant to §65-1-59. Shepard, Jan. 25, 2002, A.G. Op. #02-0008.

The Mississippi Department of Transportation (MDOT) has the duty to maintain portion of Highway 465 which is a substandard road on a levee until such time as the legislature removes it from the state highway system or enacts legislation which otherwise ends the responsibility of MDOT to maintain it. The Mississippi Highway Patrol is required to enforce traffic laws on Highway 465 as provided in Section 45-3-21. Pace, Aug. 7, 2006, A.G. Op. 06-0285.

JUDICIAL DECISIONS

1. In general.

A court is without power to close a public road in private litigation between individuals unless such action is predicated upon a finding that there has been a valid order of the Board of Supervisors closing the road, spread upon its minutes, if it is a county road, or that similar official action has been taken by the State Highway Commission and is reflected by its official records, if it is a state road or highway. Barrett v. Pilgrim, 317 So. 2d 382, 1975 Miss. LEXIS 1737 (Miss. 1975).

The state highway commission had the right to construct a median strip in a four-lane highway without payment of compensation to a landowner for damages resulting therefrom, even though the construction of such median strip would have the effect of restricting the abutting landowner’s right of access to the east or northbound traffic lanes, provided crossovers were made available at reasonable intervals to permit passage of vehicles from one side of the highway to the other. Muse v. Mississippi State Highway Com., 233 Miss. 694, 103 So. 2d 839, 1958 Miss. LEXIS 432 (Miss. 1958).

Where a state highway department took over certain road in Prentiss County, excepting “all drainage structures not built according to the state standard plans and specifications,” and thereafter order was changed to substitute “bridges” for “drainage structures,” state highway had no jurisdiction over two bridges which did not comply with the standard, and, therefore, was under no obligation to rebuild them after their destruction by flood waters. Board of Sup'rs v. Mississippi State Highway Com., 207 Miss. 839, 42 So. 2d 802, 1949 Miss. LEXIS 394 (Miss. 1949).

§ 65-1-61. Paving.

It shall be the duty of the Transportation Commission to have the Transportation Department construct, reconstruct and maintain, at the cost and expense of the state, all highways under its jurisdiction up to such standards and specifications and with such surfacing material as the Transportation Commission may determine, such paving to be done for each project as rapidly as funds are made available therefor and, as nearly as practicable, immediately upon the completion of all work performed pursuant to grade, drainage and bridge contracts for the project. Such paving shall be done in the order of the relative use and importance of said highways, as may be determined by the present and future traffic censuses thereof and other criteria, taking into consideration their present and future use, convenience, public necessity, public safety, the recorded maintenance expense, and their availability as highways through the state. The type of the paving and surfacing of such highways shall be determined by the executive director, subject to the rules, regulations and orders of the commission as spread on its minutes, after a complete study of the traffic requirements based upon the present and future traffic censuses, taking into consideration the factors above set forth. However, no highways shall be constructed, reconstructed, or maintained out of any patented paving material, regardless of what kind, on which a direct royalty is paid by the commission or any contractor; and the commission shall not have included in the plans or specifications for constructing, reconstructing, or maintenance of any highway the requirements that any material used or specified shall be laid under any process patented requiring the payment of a direct royalty for use of such process or patent.

HISTORY: Codes, 1930, § 4999; 1942, § 8025; Laws, 1930, ch. 47; Laws, 1938, ch. 199; Laws, 1948, ch. 332, § 9; Laws, 1949, Ex. Sess. ch. 6, § 13; Laws, 1981, ch. 464, § 10; Laws, 1994, ch. 347, § 1, eff from and after July 1, 1994.

Cross References —

Paving of secondary highways, see §65-1-57.

Paving to connect county seat with paved road, see §65-1-63.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 62 et seq.

CJS.

40 C.J.S., Highways §§ 175 et seq.

JUDICIAL DECISIONS

1. In general.

Phrase “as the Transportation Commission may determine” indicates that the Mississippi Transportation Commission’s employees must use their own judgment or discretion in maintaining highways in the Mississippi Transportation Commission’s jurisdiction according to its own standards and specifications. Knight v. Miss. Transp. Comm'n, 10 So.3d 962, 2009 Miss. App. LEXIS 217 (Miss. Ct. App. 2009), overruled, Little v. Miss. DOT, 129 So.3d 132, 2013 Miss. LEXIS 551 (Miss. 2013).

This section has no application to material used in the conversion by a county of an unpaved highway into a modern paved highway prior to the date of the passage of the Stansel Act. State Highway Com. v. Coahoma County, 203 Miss. 629, 32 So. 2d 555, 1947 Miss. LEXIS 367 (Miss. 1947).

§ 65-1-63. Paving to connect county seat with paved road.

The State Highway Commission is hereby authorized and directed to have the state highway department construct, with its own funds, into each county seat in the state of Mississippi which now has no paved access road, a paved road which will connect said county seat with an existing paved road.

HISTORY: Codes, 1942, § 8025.5; Laws, 1956, ch. 326; Laws, 1981, ch. 464, § 11, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-65. Maintenance.

It shall be the duty of the State Highway Commission to have the State Highway Department maintain all highways which have been or which may be hereafter taken over by the State Highway Department for maintenance in such a way as to afford convenient, comfortable, and economic use thereof by the public at all times. To this end it shall be the duty of the director, subject to the rules, regulations and orders of the commission as spread on its minutes, to organize an adequate and continuous patrol for the maintenance, repair, and inspection of all of the state-maintained state highway system, so that said highways may be kept under proper maintenance and repair at all times.

HISTORY: Codes, 1930, § 4999; 1942, § 8027; Laws, 1930, ch. 47; Laws, 1938, ch. 199; Laws, 1948, ch. 332, § 10 (first paragraph); Laws, 1949, Ex. Sess. ch. 6, § 14; Laws, 1981, ch. 464, § 12, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Maintenance of secondary roads, see §65-1-57.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Department of Transportation (MDOT) has the duty to maintain portion of Highway 465 which is a substandard road on a levee until such time as the legislature removes it from the state highway system or enacts legislation which otherwise ends the responsibility of MDOT to maintain it. The Mississippi Highway Patrol is required to enforce traffic laws on Highway 465 as provided in Section 45-3-21. Pace, Aug. 7, 2006, A.G. Op. 06-0285.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 74, 119 et seq.

48 Am. Jur. Proof of Facts 2d 335, Highway Defects – Close Proximity Rule.

50 Am. Jur. Proof of Facts 2d 63, Highway Defects – Liability For Failure to Install Median Barrier.

CJS.

40 C.J.S., Highways §§ 175 et seq.

JUDICIAL DECISIONS

1. In general.

2. Immunity.

1. In general.

Mississippi Transportation Commission and the Mississippi Department of Transportation breached the ministerial duties imposed by the statute because the statute applied to the portion of the highway that was under construction and imposed a ministerial duty of maintenance and repair. Miss. Transp. Comm'n v. Adams, 197 So.3d 406, 2016 Miss. LEXIS 232 (Miss. 2016).

Because Miss. Code Ann. §65-1-65 and Miss. Code Ann. §63-3-303 do not impose any specific directives as to the time, manner, and conditions for carrying out the Mississippi Transportation Commission’s duty in maintaining highways or posting traffic-control or warning devices, those duties are not ministerial in nature but are discretionary. Further, the duty to maintain highways and place warning signs clearly requires the Mississippi Transportation Commission to consider the policy considerations of doing so. Knight v. Miss. Transp. Comm'n, 10 So.3d 962, 2009 Miss. App. LEXIS 217 (Miss. Ct. App. 2009), overruled, Little v. Miss. DOT, 129 So.3d 132, 2013 Miss. LEXIS 551 (Miss. 2013).

Trial court properly ruled that the Mississippi Department of Transportation (MDOT) was not immune from suit under Miss. Code Ann. §11-46-9, as it found that, while MDOT’s duty to inspect and maintain a highway where plaintiff’s accident occurred was discretionary, it failed to exercise a minimum standard of ordinary care when it did not give notice of the dangerous condition of the highway. Miss. DOT v. Cargile, 847 So. 2d 258, 2003 Miss. LEXIS 255 (Miss. 2003), overruled in part, Miss. Transp. Comm'n v. Montgomery, 2011 Miss. LEXIS 609 (Miss. Oct. 20, 2011), overruled in part, Miss. Transp. Comm'n v. Montgomery, 80 So.3d 789, 2012 Miss. LEXIS 96 (Miss. 2012), overruled, Little v. Miss. DOT, 129 So.3d 132, 2013 Miss. LEXIS 551 (Miss. 2013).

Though the Mississippi Department of Transportation was not immune from suit, as the trial court properly found that a five to six inch drop-off on the edge of a road was a dangerous condition that was not obvious, which was created by the negligence of the Department and of which the Department knew but failed to warn against, the trial court erred by not assessing some degree of fault to plaintiff driver, who had been obliged to exercise vigilant caution when she learned the road was under construction. Miss. DOT v. Trosclair, 851 So. 2d 408, 2003 Miss. App. LEXIS 666 (Miss. Ct. App. 2003).

The Highway Department may go upon private land to perform public work necessary for the operation and maintenance of highways. Mississippi State Highway Com. v. Wood, 487 So. 2d 798, 1986 Miss. LEXIS 2446 (Miss. 1986).

Statutes conferring exclusive jurisdiction on state highway commission over state highways and charging it with duty of maintaining such highways did not conflict with statute imposing duty upon railways of maintaining bridges over railways and approaches thereto, and did not relieve railways of that duty. Alabama & V. R. Co. v. Graham, 171 Miss. 695, 157 So. 241, 1934 Miss. LEXIS 216 (Miss. 1934).

Amendment to constitution authorizing transfer of exclusive jurisdiction over state highways to state highway commission, and statutes giving state highway commission such jurisdiction and charging it with duty of maintaining such highways, did not affect statutory duty of railway of maintaining bridges over railways and approaches thereto. Alabama & V. R. Co. v. Graham, 171 Miss. 695, 157 So. 241, 1934 Miss. LEXIS 216 (Miss. 1934).

2. Immunity.

Driver’s negligence claim regarding the Mississippi Department of Transportation’s (MDOT’s) failure to repair and maintain a highway were not barred as a matter of law by Miss. Code Ann. §11-46-9(1)(d) (Rev. 2012) where Miss. Code Ann. §65-1-65 required MDOT to maintain and repair state highways, and thus, its acts were ministerial. Ala. Great S. R.R. Co. v. Jobes, 156 So.3d 871, 2015 Miss. LEXIS 37 (Miss. 2015).

Trial court erred in granting summary judgment to the Department of Transportation and the Transportation Commission (the defendants) on the injured parties’ negligence claim because issues of fact existed as to whether the repair of a bridge was performed in a negligent manner and they were not immune from liability. Logan v. Miss. DOT, 174 So.3d 264, 2014 Miss. App. LEXIS 486 (Miss. Ct. App. 2014), cert. denied, 160 So.3d 704, 2015 Miss. LEXIS 180 (Miss. 2015), aff'd in part and rev'd in part, 174 So.3d 249, 2015 Miss. LEXIS 460 (Miss. 2015).

Where three drivers appealed the Miss. R. Civ. P. 12(b)(6) dismissal of their claim against the Mississippi Department of Transportation (MDOT) because of discretionary-function immunity under the Mississippi Tort Claims Act (MTCA), Miss. Code Ann. §65-1-65 required the MDOT to maintain and repair state highways, and the MDOT was not entitled to discretionary-function immunity for failure to properly maintain and repair highways because that function was ministerial. It was the function, not the act, to which the MTCA granted or denied immunity. Little v. Miss. DOT, 129 So.3d 132, 2013 Miss. LEXIS 551 (Miss. 2013).

Mississippi Department of Transportation (MDOT) was immune from suit under Miss. Code Ann. §11-46-9(1)(d) as Miss. Code Ann. §65-1-65 did not impose any specific directives as to the time, manner, and conditions for carrying out MDOT’s duty to maintain highways, and the duty to remove trees from the right-of-way was discretionary; MDOT was not liable for the driver’s injuries arising out of road maintenance. Little v. Miss. DOT, 129 So.3d 192, 2012 Miss. App. LEXIS 627 (Miss. Ct. App. 2012), rev'd, 129 So.3d 132, 2013 Miss. LEXIS 551 (Miss. 2013).

§ 65-1-67. Edges of certain highways to be trimmed in color and manner conforming to uniform national standards.

The State Highway Commission is hereby authorized, empowered, and directed to have the State Highway Department trim with edge lines, of a color and in a manner which conforms with uniform national standards relating thereto which have been adopted by the Federal Highway Administration, the edges of all state-designated hard-surfaced highways which are constructed of asphaltic material, in the interest of public safety on said highways. The commission is authorized and directed to have the highway department utilize its engineers and other highway department employees and to expend available public funds for carrying out the intent and purposes of this section.

Except as necessary to accommodate reconstruction, no road or highway shall be opened for public use until the department has complied with the provisions of this section; however, the Director of the State Highway Department may permit segments of roads under contract for maintenance, construction or reconstruction to be open for public use when temporary center line markings are installed. Roadside pennant signs may be used in place of temporary center line markings in no passing lanes on seal-coated roads. All such temporary center lines or roadside pennant signs shall, as nearly as practicable, be in place before work is discontinued for the day or as soon thereafter as weather conditions permit.

HISTORY: Codes, 1942, § 8027.5; Laws, 1966, ch. 499, § 1; Laws, 1981, ch. 464, § 13; Laws, 1982, ch. 325; Laws, 1986, ch. 411; Laws, 1987, ch. 317, eff from and after July 1, 1987.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

JUDICIAL DECISIONS

1. Liability of Department of Transportation.

2. Discretionary function immunity.

1. Liability of Department of Transportation.

Though the Mississippi Department of Transportation was not immune from suit, as the trial court properly found that a five to six inch drop-off on the shoulder of a road was a dangerous condition that was not obvious, which was created by the negligence of the Department and of which the Department knew but failed to warn against, the trial court erred by not assessing some degree of fault to plaintiff driver, who had been obliged to exercise vigilant caution when she learned the road was under construction. Miss. DOT v. Trosclair, 851 So. 2d 408, 2003 Miss. App. LEXIS 666 (Miss. Ct. App. 2003).

2. Discretionary function immunity.

Mississippi Transportation Commission (MTC) and the Mississippi Department of Transportation (MDOT) were not entitled to discretionary-function immunity from a widow’s claims they violated the statue because MTC decided to abide by the prescriptions in the regulations; since one of the regulations provided that all edge lines that had been covered or removed had to be replaced with temporary stripe before work is discontinued for the day, MTC and MDOT could not assert discretion. Miss. Transp. Comm'n v. Adams, 197 So.3d 406, 2016 Miss. LEXIS 232 (Miss. 2016).

§ 65-1-69. Crossings.

Whenever any railroad and state highway or part thereof shall cross each other at the same level and, in the opinion of the State Highway Commission, such crossing is dangerous to public safety or traffic is unreasonably impeded thereby and such crossing should be removed, the State Highway Commission may order such crossing eliminated either by having the State Highway Department carry such state highway under or over the tracks of such railroad.

The plans covering such proposed changes may be made either by the director of the State Highway Department, subject to the approval of the highway commission or the railroad company affected, but shall in either event be approved by both the highway commission and the railroad company before contract is awarded; but such provision shall not be used to unreasonably delay the construction of any proposed structure. When plans have been approved, such proposed work shall be advertised and contract awarded as elsewhere provided in this chapter for the advertising and awarding of contracts. Joint supervision of construction may be had by both the State Highway Department and the railroad company. The state highway commission and the railroad company shall pay equal parts of the cost of any underpass or overpass across the right-of-way of the railroad company. Such work shall be so planned and prosecuted as to allow the safe and regular operations of trains at every stage of the work.

Appeals from decisions or determinations of the State Highway Commission may be made by any party affected under this section, and the procedure for such appeal shall be the same as is provided by law for appeals from decisions and determinations of the boards of supervisors.

HISTORY: Codes, 1930, § 5007; 1942, § 8039; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 15; Laws, 1981, ch. 464, § 14, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Mississippi Grade Crossing Closure Account, see §57-43-13.

Powers and duties of the Transportation Commission, generally, see §65-1-8.

Construction of protective devices at railroad crossings, see §65-1-70.

Railroads shall erect “railroad crossbuck,” see §77-9-247.

Highway crossings and bridges over railroads, see §77-9-251.

JUDICIAL DECISIONS

1. In general.

Statute charging Highway Commission with duty of maintaining state highways was not in conflict with statute imposing upon railroads duty of maintaining bridges and approaches over railways. Alabama & V. R. Co. v. Graham, 171 Miss. 695, 157 So. 241, 1934 Miss. LEXIS 216 (Miss. 1934).

Highway commission has jurisdiction to establish underpass at point different from that at which existing highway crosses railroad. New Orleans & N.E.R. Co. v. State Hwy. Comm'n, 164 Miss. 343, 144 So. 558, 1932 Miss. LEXIS 251 (Miss. 1932).

§ 65-1-70. Construction of protective devices at railroad crossings.

The Mississippi State Highway Department is authorized to construct protective devices or warning devices at or in the vicinity of any railroad crossing of a public highway under the jurisdiction of any county or incorporated municipality, based upon a showing of need resulting from a multidisciplinary study, whenever federal funds are available for such construction. The department is further authorized to supply, out of any available funds in the State Highway Fund, a maximum of one percent (1%) of the funds required for such construction if the county or incorporated municipality in which the construction will be performed complies with the necessary conditions for receipt of the balance of federal matching funds for such construction.

HISTORY: Laws, 1988, ch. 408, § 1, eff from and after July 1, 1988.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Cross References —

Mississippi Grade Crossing Closure Account, see §57-43-13.

Allocation and matching of federal aid secondary funds, federal “safer off-system” funds and federal aid off-system highway funds, see §65-9-29.

Railroads shall erect “railroad crossbuck,” see §77-9-247.

OPINIONS OF THE ATTORNEY GENERAL

Counties are responsible for the installation and maintenance of necessary warning signs and pavement markings at rail crossings on roads under their jurisdiction subject to approval by the State Highway Commission. Fortier, Mar. 29, 2002, A.G. Op. #02-0109.

§ 65-1-70.5. Imputation of liability as to protective devices at railroad crossings.

The provisions of Section 65-1-70 shall not impute any liability of any kind or nature to the Mississippi State Highway Commission, the Mississippi State Highway Department or its agents, servants or employees.

HISTORY: Laws, 1988, ch. 408, § 2, eff from and after July 1, 1988.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-71. Detours.

The director is hereby authorized to close highways for construction purposes and in emergencies, and shall select, lay out, maintain, and keep in as good repair as possible suitable detours by the most practicable route, where same are necessary for the public convenience while any sections of said highways or roads are being improved or constructed or closed. The director shall place or cause to be placed explicit directions to the traveling public during repair of said highway or road under process of construction. As far as practical roads already laid out shall be connected with and used for such detours.

The director is hereby authorized, subject to the approval of the commission, to enter into agreements, spread on the minutes of both boards, with the local road authorities of the county or counties in which construction or maintenance work is to be done, to pay all or any part of the cost of laying out or maintaining said detours. All expenses to the state of laying out and maintaining said detours shall be paid out of the state highway funds. The director is also authorized, subject to the approval of the commission, to make reasonable rules and regulations to keep highways under construction open to traffic where such action is deemed to be practical and desirable.

If any county-maintained road or municipally-maintained street is used temporarily as a part of a state highway detour, it shall be the duty of the highway department, when said detour is abandoned as such, to place the same in as good condition as said road or street was when its use as a detour began.

HISTORY: Codes, 1930, § 5002; 1942, § 8034; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 12.

Cross References —

Repair of city streets used as detours for United States highways, see §65-1-73.

JUDICIAL DECISIONS

1. In general.

2. Traffic violations.

1. In general.

The first two paragraphs of this section impose an authoritative control over commitments of highway department funds by requiring that either the director, or the director with approval of the commission, must commit state funds. Lowndes County v. Mississippi State Highway Com., 220 So. 2d 349, 1969 Miss. LEXIS 1461 (Miss. 1969).

The third paragraph of this section must be considered with the remainder of the statute and the evidence purposes of the legislature, one of which purposes, expressly applicable to emergencies, is to place the responsibility upon either the director or the commission, or both, to make an authorization of a detour for which the commission’s funds are liable. Lowndes County v. Mississippi State Highway Com., 220 So. 2d 349, 1969 Miss. LEXIS 1461 (Miss. 1969).

The dominant purpose of the third paragraph of this section expressly applicable to emergencies, is to place the responsibility upon either the director or the commission, or both, to make an authorization of a detour for which the commission’s funds are liable, and this paragraph is not sufficient of itself to impose liability for damages upon the commission and its highway department funds, either expressly or by necessary implication. Lowndes County v. Mississippi State Highway Com., 220 So. 2d 349, 1969 Miss. LEXIS 1461 (Miss. 1969).

2. Traffic violations.

Although there was no violation of §63-3-516 when the defendant drove 67 miles per hour in a construction zone that was posted at 60 miles per hour because it was nighttime and no workers were present, there was a violation of this section as he did not obey a sign which was erected to control the use of the road during construction. Harrison v. State, 2000 Miss. App. LEXIS 44 (Miss. Ct. App. Feb. 8, 2000), aff'd, 800 So. 2d 1134, 2001 Miss. LEXIS 223 (Miss. 2001).

§ 65-1-73. Repair of city streets used as detours for United States highways.

The Mississippi State Highway Commission is authorized, in its discretion, to have the state highway department repair any paved city streets used as a detour subsequent to the year 1944 for any United States numbered highway while the same was under construction or reconstruction, provided such paved city streets were marked by the highway commission as such detour. The extent of the repairs authorized hereby shall be to place such streets in as good condition as the same were at the time their use as such detour began, and is supplemental to the authority provided by Section 65-1-71.

HISTORY: Codes, 1942, § 8034.5; Laws, 1950, ch. 401; Laws, 1981, ch. 464, § 15, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Maintenance and repair of detours generally, see §65-1-71.

§ 65-1-75. Municipalities.

  1. The Mississippi Transportation Commission is authorized and empowered to have the Transportation Department locate, construct, reconstruct and maintain any designated state highway under its jurisdiction to, through, across or around any municipality in the state, regardless of the width of the street between curbs; and in so locating it is fully empowered to follow the route of the existing street or to depart therefrom, as in its discretion it deems advisable, and to obtain and pay for the necessary rights-of-way, as provided in Section 65-1-47. The municipality in which such construction is to be undertaken is likewise authorized to acquire rights-of-way on any such streets or on any newly located routes, either by purchase, gift or condemnation. Such rights-of-way may be acquired by either the municipality or the Transportation Department, subject to the approval of the commission, and the cost thereof may be borne by either or both as may be mutually agreed upon. In any event such municipality may be required to save the commission and department harmless from any claims for damages arising from the construction of the highway through such municipality, including claims for rights-of-way, change of grade line, interference with public structures, and any and all damages so arising. Municipalities may secure additional improvements by payment of the additional cost of same. The commission may require such municipality to cause to be laid all water, sewer, gas or other pipelines or conduits, together with all necessary house or lot connections or services, to the curb line of such road or street to be constructed, and the commission is authorized to refuse to have the department lay such pipelines or conduits beneath such roads or streets until the municipality has laid same or entered into an agreement to reimburse the commission or department for the expense thereby incurred.
  2. All construction of state highways in or through municipalities, where done at the cost and expense of the state, whether heretofore or hereafter, shall be maintained in the same manner and to the same extent as is construction on state highways outside the limits of municipalities to the end that investment of the state in such highway so constructed may be preserved and maintained; and all reasonable rules and regulations with reference to the preservation and maintenance of such highways constructed at state expense, whether within or without municipal limits, may be promulgated by the commission, except that it shall have no power to promulgate police regulations contrary to existing law. On any municipal streets or parts or sections thereof taken over for regular maintenance and maintained by the department as a part of the state highway system, the municipality shall not be liable for negligence occasioned by the maintenance or repair of such streets thus apportioned to and of such width as is maintained by the department. The municipality shall have full control and responsibility beyond the curb lines of any designated highway or street, whether heretofore or hereafter so designated, (except the interstate system) located within its present or future expanded municipal corporate limits, regardless of the ownership of the right-of-way, including but not limited to, the construction and maintenance of sidewalks, grass mowing and drainage systems; however, the department may utilize the right-of-way purchased by the commission without any additional cost or permission.

    The municipality shall not allow any encroachments, signs or billboards to be erected or to remain on state-owned rights-of-way on any designated highway within its corporate limits without the consent of the commission. The municipality, at its own expense, shall provide street illumination and shall clean all streets, including storm sewer inlets and catch basins. The commission may enter into an agreement with the municipality or with a private entity to sweep and clean the designated highways within or without the corporate limits. The commission may, at state expense, provide illumination and may clean all interstate highways within the corporate limits of any municipality. The right of the municipality to grant franchises over, beneath and upon such streets is specifically retained, but the municipality shall require every grantee of a franchise to restore, repair and replace to its original condition any portion of any such street damaged or injured by it; however, permission to open the surface of any municipal street maintained by the department must be obtained from both the commission and the municipality concerned before any such opening is made. Each municipality shall retain full police power over its streets, particularly as to regulating and enforcing traffic and parking restrictions on such streets, but any traffic control and parking regulations repugnant to state law shall be null and void. The commission shall have the department erect, control and maintain all highway route markers and directional signs on such streets at state expense. The commission, at state expense, shall have the department install, operate, maintain, control, and have full jurisdiction over, all traffic control devices, including, but not limited to, signals, signs, striping and lane markings on state highway streets in municipalities having a population of twenty thousand (20,000) or less according to the current U.S. census; but municipalities over twenty thousand (20,000) population according to such census shall install, operate, maintain and control such devices at their own expense, subject to approval of the executive director regarding operations, method of installation and type only. Municipalities having a population of five thousand (5,000) or more but less than twenty thousand (20,000) according to the most recent federal census shall only be responsible for electrical operating costs; and all other costs for the installation, operation and maintenance of traffic control devices, including the changing of signal bulbs in traffic signal lights, shall be the responsibility of the Transportation Department. The commission may purchase at state expense and install traffic control devices in municipalities over twenty thousand (20,000) population and donate them to the municipalities for operation and maintenance whenever it appears to the commission that, in the interest of safety or convenience of the motoring public, any of the devices should be upgraded, replaced or removed. Any revenue from parking meters on any such streets shall be controlled by and belong to the municipality.

  3. The maintenance of all streets within the limits of any municipality in this state, regardless of size, which are presently being regularly maintained, in whole or in part, by the department at state expense as a part or parts of any designated state highway shall be continued. Whenever any state highway runs into or through the corporate limits of any municipality, the municipal street or the street utilized and marked as a part of any such state highway may be a part of the state highway system and may be maintained by the department; however, such route through any municipality shall be selected by the commission by orders spread on its minutes describing all such routes, and such route or routes may be changed, relocated or abandoned by the commission from time to time, all under the provisions, terms and conditions herein provided, but the commission shall have the department maintain only one (1) route of any highway through a municipality. Upon relocation of such state highway or abandonment thereof, the municipal street formerly used as a state highway shall thereby return to the jurisdiction of, and maintenance by, the municipality.

HISTORY: Codes, 1930, § 5005; 1942, § 8037; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 13; Laws, 1949, Ex. Sess. ch. 6, § 3; Laws, 1981, ch. 464, § 16; Laws, 1995, ch. 395, § 1; Laws, 1997, ch. 607, § 1, eff from and after passage (approved April 24, 1997).

Cross References —

Jurisdiction of municipality over streets, sidewalks, sewers and parks, see §21-37-3.

Right of municipality to exercise eminent domain in the laying out of streets, see §21-37-47.

Reversion to jurisdiction of county any road removed from the state highway system, see §65-1-59.

Another provision regarding reversion of jurisdiction to counties and political subdivisions any roads removed from the state highway system, see §65-1-147.

Construction or maintenance of highways within or without municipalities by county board of supervisors, see §65-7-81.

RESEARCH REFERENCES

ALR.

Municipal corporation’s safety rules and regulations as admissible in evidence in action by private party against municipal corporation or its officers or employees for negligent operation of vehicle. 82 A.L.R.3d 1285.

Governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection. 22 A.L.R.4th 624.

JUDICIAL DECISIONS

1. In general.

Subdivision (2) of this section serves only to relieve the city from any liability because of negligence occasioned by the repair and maintenance of a street maintained by the highway department, and it does not relieve the city for its negligence in causing an excavation or ditch to be opened and maintained in a dangerous condition at a place that extends into that part of the street being maintained by the highway department. City of Laurel v. Upton, 253 Miss. 380, 175 So. 2d 621, 1965 Miss. LEXIS 995 (Miss. 1965).

The provision of paragraph (2) of this section that “the municipality shall have full control and responsibility beyond the curb lines of any such streets” refers to streets being maintained by the state highway commission, not to highways where the commission owned the right of way lying both within and without the curbs; and where the commission has title to the right of way of a highway running through the city, it has the power to cause the removal of certain commercial signs projecting over and above the right of way, whether such use or obstructions constitute safety hazards or not. Mississippi State Highway Com. v. Adams, 230 Miss. 559, 93 So. 2d 650, 1957 Miss. LEXIS 397 (Miss. 1957).

Municipalities of 2,500 in population or more are not included within Code 1942, §§ 8035, 8036 except as to those sections of the municipality wherein the houses average more than 200 feet apart. State Highway Com. v. Coahoma County, 203 Miss. 629, 32 So. 2d 555, 1947 Miss. LEXIS 367 (Miss. 1947).

Municipalities of less than 2,500 in population are included within Code 1942, §§ 8035, 8036. State Highway Com. v. Coahoma County, 203 Miss. 629, 32 So. 2d 555, 1947 Miss. LEXIS 367 (Miss. 1947).

This section did not modify the power of a municipality of paramount control or jurisdiction with reference to rules and regulations governing the use of streets by travelers, including the parking of cars on a street in a municipality where such street is a part of one of the primary highways in the state. Ellisville v. State Highway Com., 186 Miss. 473, 191 So. 274, 1939 Miss. LEXIS 242 (Miss. 1939).

§ 65-1-77. Agreements for highway and street projects forming part of overall plan encompassed by Title 23, United States Code.

The State Highway Commission and the counties and municipalities of the state are hereby authorized to enter into agreements for highway and street projects which are a part of an overall plan to be administered under the provisions of Title 23, United States Code. Such agreements may provide for traffic engineering assistance to the local governments for the development by the State Highway Department of records systems for local roads and streets. The counties and municipalities of the state are authorized to deposit with the State Highway Department the federal aid matching requirement for the project from any available fund. The county and/or municipal share and the federal share will be handled in the manner provided therefor in Section 65-9-17. The county will be required to fulfill its obligation for maintenance of any project constructed under this authorization in the same manner required of or for any state aid road. It shall be the duty of the municipal officials of any incorporated city entering into this agreement to properly maintain and operate any completed project or improvement on the municipal street system. It shall be the duty of the chief engineer of the State Highway Department and his assistants to make at least annual maintenance inspections of completed projects and such other periodic inspections as he shall deem necessary. If essential maintenance is not properly and regularly done in the opinion of the chief engineer, then notice shall be given by the director of the State Highway Department in writing to the county or municipality in fault; and, if such maintenance is not done and continued within sixty (60) days from the date of such notice, then the director of the State Highway Department may proceed to have done the necessary maintenance and repair work on such street and have the cost of same credited to the State Highway Fund from any fund available to the county or municipality within the state treasury.

HISTORY: Codes, 1942, § 8059.5-51; Laws, 1970, ch. 441, § 1; Laws, 1974, ch. 318, § 1; Laws, 1981, ch. 464, § 17, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-79. Agreements for purpose of securing federal aid funds available under Title 23, United States Code.

The State Highway Commission is authorized to enter into agreements with the United States of America for the purpose of securing federal aid funds when available under the provisions of Title 23, United States Code. The federal aid received under this authorization may be used on roads and streets, either on or off the designated highway system or designated state aid system. The State Highway Commission is given the power and authority to approve the system of roads and streets when the approval of such system(s) establishes the eligibility for these roads and streets for federally funded projects when the necessary matching requirement of the federal aid is supplied by the political subdivision wherein the system or project lies. The State Highway Commission is further vested with full authority to determine the priority of the expenditure of these funds and to approve the priority of improvements financed as a result of such authorization.

HISTORY: Codes, 1942, § 8059.5-52; Laws, 1970, ch. 441, § 2; Laws, 1974, ch. 318, § 2, eff from and after passage (approved March 5, 1974).

§ 65-1-81. Counties and municipalities may contribute funds to aid construction of state highways.

  1. Any municipality in the State of Mississippi, into or through which a designated state highway runs or is proposed to be run by the State Highway Commission, may, within the discretion of its governing authorities, contribute funds to the State Highway Commission for the purpose of aiding in the building or construction of such highway, including the construction of necessary bridges, in an amount to be determined by agreement in writing between the State Highway Commission and the governing authority of such municipality and entered in their respective minutes; but in no event shall such contribution exceed one half of one per centum of the total assessed valuation of such municipality, according to the last completed assessment roll of the taxable property therein.
  2. Any county within the State of Mississippi, into or through which a designated state highway runs or is proposed to be run by the State Highway Commission, whether within or without a municipality, may, within the discretion of its board of supervisors, contribute funds to the State Highway Commission for the purpose of aiding in the building or construction of such highway, including the construction of necessary bridges, in an amount to be determined by agreement in writing between the State Highway Commission and the board of supervisors of such county and entered in their respective minutes; but in no event shall such contribution exceed one fifth of one per centum of the total assessed valuation of such county, according to the last completed assessment roll of the taxable property therein.
  3. Any municipality or county, exercising any of the powers granted herein, is hereby authorized and empowered to issue general obligation bonds to provide funds for the aforesaid purpose. Any municipality issuing such bonds shall proceed in compliance with the provisions of Sections 21-33-301 through 21-33-329, Mississippi Code of 1972, and any county issuing such bonds shall proceed in compliance with the provisions of Sections 19-9-1 through 19-9-31, Mississippi Code of 1972, and all such bonds shall be sold in the manner provided by Section 31-19-25, Mississippi Code of 1972. However, where a municipality and county jointly obligate themselves to make contributions to the State Highway Commission, as provided herein, such municipality and such county may enter into an agreement to be spread on the minutes of the board of supervisors of such county and the minutes of the governing authority of such municipality, under which the municipality may issue bonds to raise funds for both the municipality and county, or the county may issue bonds to raise funds for both the county and municipality. Any such agreement may provide that in lieu of issuing its bonds hereunder, the municipality or the county, as the case may be, may contribute money to the other annually or semiannually in such amount and for such period of time as may be agreed upon by the two governing authorities, for the purpose of retiring its portion of the bonds issued by the other; and the obligation assumed by the nonissuing authority may be pledged in addition to the full faith, credit, and resources of the issuing authority for the payment of such bonds as they mature and the interest thereon as it may accrue. Both the municipality and the county, by their respective governing authorities, are hereby authorized and empowered to levy and collect the necessary ad valorem taxes on all taxable property within their respective jurisdictions sufficient to retire such bonds, or to provide funds to contribute to the other authority, as required by the aforesaid agreement; when any county shall be required to make a contribution to a municipality under the terms of this section, such contribution may be made from the proceeds of a tax to be levied pursuant to the provisions of Section 65-15-7, as the same now exists or may hereafter be amended, or from any source or sources available to such county. In the event that the required funds or any part thereof are thus provided, the annual ad valorem tax hereinabove provided for may be correspondingly reduced. Any bonds issued by any municipality or any county under the terms and provisions of this section, or any pledge of contributions made by any county or municipality, shall be excepted from all limitations of indebtedness prescribed by any general or special law and shall not be considered in applying any present or future limitations of indebtedness. This section is cumulative and is in addition to any authority now exercised by counties and municipalities under any other law relating to either.
  4. Any tax levy made to service the bonds authorized to be issued under authority of this section shall not be refundable under the homestead exemption laws of this state.

HISTORY: Codes, 1942, § 8036.5; Laws, 1963, Ex. Sess. ch. 13, §§ 1-5, eff from and after passage (approved March 2, 1963).

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets and Bridges §§ 132-134.

CJS.

40 C.J.S., Highways § 188.

§ 65-1-83. Traffic census and other surveys, inspections or studies.

The State Highway Commission shall continue through the State Highway Department to cooperate with the United States Department of Transportation, as necessary, in the taking of a traffic census and the making of other surveys, inspections or studies as said federal agency may request or require pertaining to or on the state highway system and such other roads, bridges and highways within this state as it may deem advisable.

HISTORY: Codes, 1930, § 5008; 1942, § 8040; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 16; Laws, 1979, ch. 303; Laws, 1981, ch. 464, § 18, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-85. Method of awarding contracts.

  1. All contracts by or on behalf of the commission for the purchase of materials, equipment and supplies shall be made in compliance with Section 31-7-1 et seq. All contracts by or on behalf of the commission for construction, reconstruction or other public work authorized to be done under the provisions of this chapter, except maintenance, shall be made by the executive director, subject to the approval of the commission, only upon competitive bids after due advertisement as follows, to wit:
    1. Advertisement for bids shall be in accordance with such rules and regulations, in addition to those herein provided, as may be adopted therefor by the commission, and the commission is authorized and empowered to make and promulgate such rules and regulations as it may deem proper, to provide and adopt standard specifications for road and bridge construction, and to amend such rules and regulations from time to time.
    2. The advertisement shall be inserted twice, being once a week for two (2) successive weeks in a newspaper published at the seat of government in Jackson, Mississippi, having a general circulation throughout the state, and no letting shall be less than fourteen (14) days nor more than sixty (60) days after the publication of the first notice of such letting, and notices of such letting may be placed in a metropolitan paper or national trade publication.
    3. Before advertising for such work, the executive director shall cause to be prepared and filed in the department detailed plans and specifications covering the work proposed to be done and copies of the plans and specifications shall be subject to inspection by any citizen during all office hours and made available to all prospective bidders upon such reasonable terms and conditions as may be required by the commission. A fee shall be charged equal to the cost of producing a copy of any such plans and specifications.
    4. All such contracts shall be let to a responsible bidder with the lowest and best bid, and a record of all bids received for construction and reconstruction shall be preserved.
    5. Each bid for such a construction and reconstruction contract must be accompanied by a cashier’s check, a certified check or bidders bond executed by a surety company authorized to do business in the State of Mississippi, in the principal amount of not less than five percent (5%) of the bid, guaranteeing that the bidder will give bond and enter into a contract for the faithful performance of the contract according to plans and specifications on file.
    6. Bonds shall be required of the successful bidder in an amount equal to the contract price. The contract price shall mean the entire cost of the particular contract let. In the event change orders are made after the execution of a contract which results in increasing the total contract price, additional bond in the amount of the increased cost may be required. The surety or sureties on such bonds shall be a surety company or surety companies authorized to do business in the State of Mississippi, all bonds to be payable to the State of Mississippi and to be conditioned for the prompt, faithful and efficient performance of the contract according to plans and specifications, and for the prompt payment of all persons furnishing labor, material, equipment and supplies therefor. Such bonds shall be subject to the additional obligation that the principal and surety or sureties executing the same shall be liable to the state in a civil action instituted by the state at the instance of the commission or any officer of the state authorized in such cases, for double any amount in money or property the state may lose or be overcharged or otherwise defrauded of by reason of any wrongful or criminal act, if any, of the contractor, his agent or employees.
  2. With respect to equipment used in the construction, reconstruction or other public work authorized to be done under the provisions of this chapter: the word “equipment,” in addition to all equipment incorporated into or fully consumed in connection with such project, shall include the reasonable value of the use of all equipment of every kind and character and all accessories and attachments thereto which are reasonably necessary to be used and which are used in carrying out the performance of the contract, and the reasonable value of the use thereof, during the period of time the same are used in carrying out the performance of the contract, shall be the amount as agreed upon by the persons furnishing the equipment and those using the same to be paid therefor, which amount, however, shall not be in excess of the maximum current rates and charges allowable for leasing or renting as specified in Section 65-7-95; the word “labor” shall include all work performed in repairing equipment used in carrying out the performance of the contract, which repair labor is reasonably necessary to the efficient operation of said equipment; and the words “materials” and “supplies” shall include all repair parts installed in or on equipment used in carrying out the performance of the contract, which repair parts are reasonably necessary to the efficient operation of said equipment.
  3. The executive director, subject to the approval of the commission, shall have the right to reject any and all bids, whether such right is reserved in the notice or not.
  4. The commission may require the prequalification of any and all bidders and the failure to comply with prequalification requirements may be the basis for the rejection of any bid by the commission. The commission may require the prequalification of any and all subcontractors before they are approved to participate in any contract awarded under this section.
  5. The commission may adopt rules and regulations for the termination of any previously awarded contract which is not timely proceeding toward completion. The failure of a contractor to comply with such rules and regulations shall be a lawful basis for the commission to terminate the contract with such contractor. In the event of a termination under such rules and regulations, the contractor shall not be entitled to any payment, benefit or damages beyond the cost of the work actually completed.
  6. Any contract for construction or paving of any highway may be entered into for any cost which does not exceed the amount of funds that may be made available therefor through bond issues or from other sources of revenue, and the letting of contracts for such construction or paving shall not necessarily be delayed until the funds are actually on hand, provided authorization for the issuance of necessary bonds has been granted by law to supplement other anticipated revenue, or when the department certifies to the Department of Finance and Administration and the Legislative Budget Office that projected receipts of funds by the department will be sufficient to pay such contracts as they become due and the Department of Finance and Administration determines that the projections are reasonable and receipts will be sufficient to pay the contracts as they become due. The Department of Finance and Administration shall spread such determination on its minutes prior to the letting of any contracts based on projected receipts. Nothing in this subsection shall prohibit the issuance of bonds, which have been authorized, at any time in the discretion of the State Bond Commission, nor to prevent investment of surplus funds in United States government bonds or State of Mississippi bonds as presently authorized by Section 12, Chapter 312, Laws of 1956.
  7. All other contracts for work to be done under the provisions of this chapter and for the purchase of materials, equipment and supplies to be used as provided for in this chapter shall be made in compliance with Section 31-7-1 et seq.
  8. The commission shall not empower or authorize the executive director, or any one or more of its members, or any engineer or other person to let or make contracts for the construction or repair of public roads, or building bridges, or for the purchase of material, equipment or supplies contrary to the provisions of this chapter as set forth in this section, except in cases of flood or other cases of emergency where the public interest requires that the work be done or the materials, equipment or supplies be purchased without the delay incident to advertising for competitive bids. Such emergency contracts may be made without advertisement under such rules and regulations as the commission may prescribe.
  9. The executive director, subject to the approval of the commission, is authorized to negotiate and make agreements with communities and/or civic organizations for landscaping, beautification and maintenance of highway rights-of-way; however, nothing in this subsection shall be construed as authorization for the executive director or commission to participate in such a project to an extent greater than the average cost for maintenance of shoulders, backslopes and median areas with respect thereto.
  10. The executive director may negotiate and enter into contracts with private parties for the mowing of grass and trimming of vegetation on the rights-of-way of state highways whenever such practice is possible and cost effective.
    1. As an alternative to the method of awarding contracts as otherwise provided in this section, the commission may use the design-build method of contracting for the following:
      1. Projects for the Mississippi Development Authority pursuant to agreements between both governmental entities;
      2. Any project with an estimated cost of not more than Ten Million Dollars ($10,000,000.00), not to exceed two (2) projects per fiscal year; and
      3. Any project which has an estimated cost of more than Ten Million Dollars ($10,000,000.00), not to exceed one (1) project per fiscal year.
    2. As used in this subsection, the term “design-build” method of contracting means a contract that combines the design and construction phases of a project into a single contract and the contractor is required to satisfactorily perform, at a minimum, both the design and construction of the project.
    3. The commission shall establish detailed criteria for the selection of the successful design-build contractor in each request for design-build proposals. The evaluation of the selection committee is a public record and shall be maintained for a minimum of ten (10) years after project completion.
    4. The commission shall maintain detailed records on projects separate and apart from its regular record keeping. The commission shall file a report to the Legislature evaluating the design-build method of contracting by comparing it to the low-bid method of contracting. At a minimum, the report must include:
      1. The management goals and objectives for the design-build system of management;
      2. A complete description of the components of the design-build management system, including a description of the system the department put into place on all projects managed under the system to insure that it has the complete information on highway segment costs and to insure proper analysis of any proposal the commission receives from a highway contractor;
      3. The accountability systems the Transportation Department established to monitor any design-build project’s compliance with specific goals and objectives for the project;
      4. The outcome of any project or any interim report on an ongoing project let under a design-build management system showing compliance with the goals, objectives, policies and procedures the department set for the project; and
      5. The method used by the department to select projects to be let under the design-build system of management and all other systems, policies and procedures that the department considered as necessary components to a design-build management system.
    5. All contracts let under the provisions of this subsection shall be subject to oversight and review by the State Auditor. The State Auditor shall file a report with the Legislature on or before January 1 of each year detailing his findings with regard to any contract let or project performed in violation of the provisions of this subsection. The actual and necessary expenses incurred by the State Auditor in complying with this paragraph (e) shall be paid for and reimbursed by the Mississippi Department of Transportation out of funds made available for the contract or contracts let and project or projects performed.
  11. The provisions of this section shall not be construed to prohibit the commission from awarding or entering into contracts for the design, construction and financing of toll roads, highways and bridge projects as provided under Sections 65-43-1 and 65-43-3.

HISTORY: Codes, 1930, § 5009; 1942, § 8041; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 17; Laws, 1958, ch. 370; Laws, 1968, ch. 507, § 1; Laws, 1970, ch. 439, § 1; Laws, 1973, ch. 418, § 1; Laws, 1981, ch. 542, § 2; Laws, 1984, ch. 317; Laws, 1984, ch. 488, § 265; Laws, 1986, ch. 498; Laws, 1991, ch. 544, § 1; Laws, 1998, ch. 357, § 1; Laws, 2003, ch. 564, § 1; Laws, 2004, ch. 542, § 1; Laws, 2007, ch. 582, § 23; Laws, 2013, ch. 431, § 1, eff from and after passage (approved Mar. 21, 2013).

Editor’s Notes —

Laws, 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

On July 18, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2007, ch. 582, § 23.

Amendment Notes —

The 2003 amendment rewrote the section.

The 2004 amendment substituted “commission” for “Mississippi Transportation Commission” and “department” for “Mississippi Department of Transportation” throughout the section; and added (11).

The 2007 amendment added (12).

The 2013 amendment substituted “Ten Million Dollars ($10,000,000.00)” for “Fifty Million Dollars ($50,000,000.00)” in (11)(a)(iii).

Cross References —

Joint Legislative Budget Committee and Legislative Budget Office, generally, see §§27-103-101 et seq.

General provisions relative to public contracts, see §31-1-1 et seq.

Public works contracts, generally, see §31-5-3.

Invalidity of “hold harmless” clauses in public and private construction contracts, see §31-5-41.

Duties of Surplus Property Procurement Commission, see §§31-9-1 et seq.

Requirement for advertising of bids generally, see §65-1-85.

Purchases of war surplus equipment and supplies without advertising for bids, see §65-1-87.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Transportation Commission may not enter into a supplemental agreement to a construction contract which alters the nature of or increases the aggregate of the scope of work to be conducted under the contract unless exigent circumstances exist. Robinson, February 22, 1995, A.G. Op. #95-0100.

The Mississippi Transportation Commission is authorized to make and promulgate reasonable rules and regulations, to provide and adopt standard specifications, including specifications requiring a warranty or warranties of workmanship, materials or performance, including asphalt paving, as a condition of letting or awarding a road or bridge construction contract. Warren, January 8, 1999, A.G. Op. #98-0759.

The Mississippi Department of Transportation (MDOT) has the authority in times of emergency to utilize the “design-build” process described in Section 65-1-85 on bridge replacement projects, and, due to the emergency nature of the projects, MDOT is authorized to utilize the “design-build” process on more than one project even if the cost of each individually exceeds $50,000,000.00. Brown, Sept. 27, 2005, A.G. Op. 05-0491.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Works and Contracts §§ 1 et seq.

Law Reviews.

Dunn, Construction Contract Claims and Litigation – Suits on Public Bonds and Suits on Private Bonds. 55 Miss LJ 431, September 1985.

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former law—generally.

7. —Contractor’s liability for supplies, equipment, and the like.

1. In general.

When a contractor sued insurers and their agent for negligently issuing a bid bond without authority, due to expiration of the agent’s certificate for failure to pay a renewal fee, summary judgment erred because the agent was unauthorized to issue the bond, which had to be valid on the date issued but was null and void, and a later payment of the fee and reinstatement of the agent did not retroactively validate the bond, so fact questions existed as to the negligent issuance of the bond contrary to a duty to the contractor. King Metal Bldgs., Inc. v. Renasant Ins., Inc., 159 So.3d 567, 2014 Miss. App. LEXIS 377 (Miss. Ct. App. 2014), cert. denied, 158 So.3d 1153, 2015 Miss. LEXIS 142 (Miss. 2015).

Although the construction company claimed that the other company’s bid proposal did not meet the requirements of § 102.07(e) of the Mississippi Standard Specifications for Road and Bridge Construction, 1990 Edition, because it did not contain a signed second unnumbered page of the proposal with Addendum, § 102.07 did not require the rejection of any bid that had any irregularity as defined therein and the irregularity was not material; therefore, the irregularity was minor, one which the Mississippi Transportation Commission retained the discretion to waive, and accordingly not reversible error. Hill Bros. Constr. & Eng'g Co. v. Miss. Transp. Comm'n, 909 So. 2d 58, 2005 Miss. LEXIS 511 (Miss. 2005).

In a dispute over the competitive bidding process under Miss. Code Ann. §65-1-85, the Mississippi Transportation Commission did not act arbitrarily and capriciously by exercising its discretion under Miss. Standard Specifications for Road and Bridge Construction § 102.07 (1990) to accept an irregular bid; the accepted bidder failed to sign one page. Hill Bros. Constr. & Eng'g Co. v. Miss. Transp. Comm'n, 2005 Miss. LEXIS 146 (Miss. Mar. 3, 2005), sub. op., op. withdrawn, 909 So. 2d 58, 2005 Miss. LEXIS 511 (Miss. 2005).

Failure of a low bidder to acknowledge receipt of an addendum does not require the rejection of that bid. Hill Bros. Constr. & Eng'g Co. v. Miss. Transp. Comm'n, 2005 Miss. LEXIS 146 (Miss. Mar. 3, 2005), sub. op., op. withdrawn, 909 So. 2d 58, 2005 Miss. LEXIS 511 (Miss. 2005).

Where a tractor was not substantially consumed in the performance of a highway construction contract and had a useful life expectancy greatly in excess of the particular contract, it was error to hold the surety on the contractor’s bond liable for rental purchase payments on the machine, as this section covers labor, material, equipment, and supplies in connection with a particular project and does not impose upon the surety liability in connection with long-lived equipment reasonably anticipated to be necessary for the fulfillment of the road contract at hand and capable with its life expectancy of use on many other similar projects. Transamerica Ins. Co. v. Carter Equipment Co., 206 So. 2d 632, 1968 Miss. LEXIS 1581 (Miss. 1968).

The chancellor did not err in rendering judgment against the surety on the bond given under this section for repairs and parts furnished prior to the repossession of the equipment. Euclid-Mississippi v. Western Casualty & Surety Co., 249 Miss. 779, 163 So. 2d 904, 1964 Miss. LEXIS 435 (Miss. 1964).

While day to day repairs to keep equipment operating on the job are covered by the bond given under this section, where major replacements or improvements to machinery are involved, these may take on the characteristics of new equipment acquisitions, inconsistent with the concept of operating repairs for which liability exists under the bonds. Euclid-Mississippi v. Western Casualty & Surety Co., 249 Miss. 779, 163 So. 2d 904, 1964 Miss. LEXIS 435 (Miss. 1964).

The surety on a bond given under this section [Code 1942, § 8041] was not liable to a conditional vendor for the balance due by the contractor-vendee on tractors and road scrapers which would not be substantially used on the bonded project, but which upon completion would become part of the contractor’s permanent capital plant, and would serve other contracts as well. Euclid-Mississippi v. Western Casualty & Surety Co., 249 Miss. 779, 163 So. 2d 904, 1964 Miss. LEXIS 435 (Miss. 1964).

The bond for public improvement is designed for the protection of those who furnish materials which either enter into and become a permanent part of the improvement, or are substantially consumed in the course of its construction. Euclid-Mississippi v. Western Casualty & Surety Co., 249 Miss. 779, 163 So. 2d 904, 1964 Miss. LEXIS 435 (Miss. 1964).

The surety on a public contractor’s bond, conditioned on the payment of all persons furnishing labor, material, equipment or supplies, is liable to the unpaid materialman of a sub-contractor. Mississippi Road Supply Co. v. Western Casualty & Surety Co., 246 Miss. 510, 150 So. 2d 847, 1963 Miss. LEXIS 472 (Miss. 1963).

A prime contractor compelled by a subcontractor’s default to complete his contract becomes subrogated to all rights of the subcontractor in money withheld pending completion of the contract. United States v. Raley Contracting Co., 210 F. Supp. 54, 1962 U.S. Dist. LEXIS 4891 (N.D. Miss. 1962).

2.-5. [Reserved for future use.]

6. Under former law—generally.

The former section was applicable only to contracts with the state highway commission for highway construction. Watts v. Western Casualty & Surety Co., 210 Miss. 211, 49 So. 2d 255, 1950 Miss. LEXIS 339 (Miss. 1950).

7. —Contractor’s liability for supplies, equipment, and the like.

In an action against surety on a contractor’s bond executed by person contracting with political subdivision, rent and freight on a dragline and light plant used by the contractor in dredging and improving a ditch and canal are not to be construed as labor and materials furnished in the work of construction. Watts v. Western Casualty & Surety Co., 210 Miss. 211, 49 So. 2d 255, 1950 Miss. LEXIS 339 (Miss. 1950).

It is too late to raise for the first time on appeal the issue that the declaration made no mention of the statutory obligation or that the supplies were furnished for, and in the course of, the performance of a state highway contract, where testimony was admitted without objection which presented all the elements of the proof necessary to bring the case within the statute. Arkansas Fuel Oil Co. v. Trinidad Asphalt Mfg. Co., 189 Miss. 366, 198 So. 41, 1940 Miss. LEXIS 134 (Miss. 1940).

The liability imposed upon the original contractor to pay all persons who furnish labor, material, equipment or supplies for, and in the course of, the performance of the contract, includes materials and supplies furnished to a subcontractor. Arkansas Fuel Oil Co. v. Trinidad Asphalt Mfg. Co., 189 Miss. 366, 198 So. 41, 1940 Miss. LEXIS 134 (Miss. 1940).

Bond of contractor insuring prompt payment of those furnishing equipment for construction of state highway covers equipment furnished to subcontractor. Shuptrine v. Jackson Equipment & Service Co., 168 Miss. 464, 150 So. 795, 1933 Miss. LEXIS 190 (Miss. 1933).

“Equipment” within bond, includes rental on crane rented to subcontractor. Shuptrine v. Jackson Equipment & Service Co., 168 Miss. 464, 150 So. 795, 1933 Miss. LEXIS 190 (Miss. 1933).

Contractual provision that rental of crane was to be paid out of first moneys becoming due subcontractor from contractor, did not waive protection of contractor’s statutory bond. Shuptrine v. Jackson Equipment & Service Co., 168 Miss. 464, 150 So. 795, 1933 Miss. LEXIS 190 (Miss. 1933).

§ 65-1-86. Duty of Attorney General with respect to illegal contracts or criminal acts.

The Attorney General shall, with or without a request by the State Highway Commission, bring any lawsuit, in the name of the State Highway Commission, to recover any monies lost through illegal contracts, fraud, false pretense or any other criminal act, and the highway commission shall, at the direction of the Attorney General, supply internal audits or perform any other necessary act to furnish the attorney general with any evidence pertaining to such loss for use by the Attorney General in the preparation of said lawsuits.

HISTORY: Laws, 1973, ch. 418, § 1, eff from and after passage (approved March 29, 1973).

Cross References —

Office, powers and duties of attorney general, see §§7-5-1 et seq.

§ 65-1-87. Purchases of war surplus equipment, supplies and materials.

The Mississippi State Highway Commission is hereby authorized and empowered to purchase war surplus equipment, supplies, and materials from the General Services Administration of the United States of America without the necessity of advertising for bids for such materials and equipment and supplies, even though the cost of such materials, equipment, and supplies exceed the sum of One Thousand Dollars ($1,000.00), provided that such equipment, materials, and supplies shall be purchased for less than the then prevailing market price.

HISTORY: Codes, 1942, § 8041.5; Laws, 1960, ch. 361, §§ 1-3.

§ 65-1-89. Contract arbitration provisions.

Every formal contract made by or on behalf of the Mississippi Transportation Commission for the construction of any building, highway, or work, or the doing of any repairs shall contain and include a provision for settlement by arbitration, if requested by either party to the contract, of all claims and disputes and other matters arising out of such contract, or the failure or refusal to perform the whole or any part thereof.

HISTORY: Codes, 1942, § 8041.3; Laws, 1970, ch. 425, § 1; Laws, 2007, ch. 502, § 8, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment substituted “Mississippi Transportation Commission” for “Mississippi State Highway Department.”

Cross References —

Arbitration of controversies arising from construction contracts and related agreements generally, see §§11-15-101 et seq.

Arbitration proceedings, see §65-1-91.

Mississippi Transportation Commission generally, see §65-1-8.

§ 65-1-91. Arbitration proceedings and effect.

Upon demand for arbitration by any party to a contract with the Mississippi Transportation Commission for the construction of any building, highway or work, or the doing of any repairs, such arbitration shall proceed in all respects and shall have the same effect as authorized and provided by Sections 11-15-1 through 11-15-37. Any arbitration decision shall be binding.

HISTORY: Codes, 1942, § 8041.4; Laws, 1970, ch. 425, § 2; Laws, 1984, ch. 495, § 33; reenacted and amended, Laws, 1985, ch. 474, § 21; Laws, 1986, ch. 438, § 47; Laws, 1987, ch 483, § 48; Laws, 1988, ch. 442, § 45; Laws, 1989, ch. 537, § 43; Laws, 1990, ch. 518, § 44; Laws, 1991, ch. 618, § 44; Laws, 1992, ch. 491, § 46; Laws, 2007, ch. 502, § 9, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment substituted “Mississippi Transportation Commission” for “Mississippi State Highway Department”; substituted “for the construction of any building, highway or work, or the doing of any repairs” for “for arbitration”; deleted “Mississippi Code of 1972” following “11-15-37”; and deleted “unless set aside by the commission” from the end.

Cross References —

Arbitration of controversies arising from construction contracts and related agreements generally, see §§11-15-101 et seq.

Immunity of state and political subdivisions from liability and suit for torts and torts of its employees, see §§11-46-1 et seq.

Mississippi Transportation Commission generally, see §65-1-8.

§§ 65-1-93 through 65-1-109. Superseded.

Superseded by Chapter 39 of Title 43, Mississippi Code of 1972.

[Codes, 1942, §§ 8023.5-01 to 8023.5-09; Laws, 1970, ch. 440, §§ 1-9; 1971, ch. 508, §§ 1-5]

Editor’s Notes —

Former §§65-1-93 through 65-1-109 pertained to relocation programs.

Laws of 1972, ch. 526, § 15, effective July 1, 1972, provides that Chapter 39 of Title 43 supersedes §§65-1-93 through 65-1-109, Code of 1972. Section 15 reads as follows:

“SECTION 15. From and after the effective date of this act, sections 8023.5-01 through 8023.5-11, inclusive, Mississippi Code of 1942 [§§ 65-1-93 through 65-1-109, Mississippi Code of 1972], shall be superseded by this act. Provided, however, that nothing contained in this act shall in any way affect or apply to any dealings, negotiations or actions commenced prior to the effective date of this act, under sections 8023.5-01 through 8023.5-11, inclusive, Mississippi Code of 1942 [§§ 65-1-93 through 65-1-109, Mississippi Code of 1972]; but all such dealings, negotiations or actions shall be concluded under the provisions of said sections under which commenced, whether such conclusion is before or after the effective date of this act. Said sections 8023.5-01 through 8023.5-11, inclusive, Mississippi Code of 1942 [§§ 65-1-93 through 65-1-109, Mississippi Code of 1972], shall remain in full force and effect after the effective date of this act as to all such dealings, negotiations and actions so commenced prior to the effective date of this act.”

§ 65-1-110. Mississippi Department of Transportation Equipment Purchase Fund established.

There is hereby created in the State Treasury a special fund to be designated as the Mississippi Department of Transportation Equipment Purchase Fund into which shall be deposited such funds as may be appropriated by the Legislature, any funds obtained from the “buy back” option offered by equipment manufacturers or suppliers of certain types of equipment, funds obtained from the sale of equipment by the Mississippi Department of Transportation and funds obtained from insurance settlements with regard to equipment utilized by the Mississippi Department of Transportation. Money deposited into the fund shall not lapse at the end of any fiscal year and investment earnings on the proceeds in such special fund shall be deposited into such fund. Money from such fund shall be disbursed therefrom upon warrants issued by the State Fiscal Officer upon requisitions signed by the Executive Director of the Mississippi Department of Transportation to purchase or lease equipment for the Mississippi Department of Transportation.

HISTORY: Laws, 2002, ch. 544, § 1, eff from and after July 1, 2002.

§ 65-1-111. Highway funds; bond and interest funds.

All monies from any source provided by law shall be covered and paid into the State Treasury as other public funds are paid, and it shall be the duty of the Department of Finance and Administration to advise the Mississippi Transportation Commission of the amount of money allotted to the commission on hand from time to time. It shall be the duty of the Department of Finance and Administration to place and allocate those funds so covered into the State Treasury in the State Highway Fund. The interest earned on the investment of any highway funds shall be paid into the State Highway Fund, except as otherwise provided in Section 15 of Laws, 2004, ch. 595. If any highway bonds or notes are issued, the Transportation Commission will adopt a resolution requesting the Bond Commission to issue such bonds or notes as may be authorized and a “bond and interest sinking fund” and “note fund” shall be kept separate from the highway fund by the State Treasurer pursuant to the bond resolution adopted by the State of Mississippi Bond Commission.

HISTORY: Codes, 1930, § 5010; 1942, § 8042; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 19; Laws, 1980, ch. 542; Laws, 1986, ch. 330; Laws, 2000, ch. 447, § 1; Laws, 2004, ch. 595, § 16, eff from and after July 1, 2004.

Editor’s Notes —

Laws, 1986, ch. 479, §§ 1 and 2, eff from and after passage (approved April 14, 1986), provide as follows:

“SECTION 1. The State Highway Commission, acting through the Director of the State Highway Department, is hereby authorized and directed to transfer the sum of Six Hundred Thirty-two Thousand Five Hundred Forty-one Dollars ($632,541.00) out of any money in the special fund accounts within the State Treasury to the credit of the State Highway Department into the General Fund of the State Treasury, for the fiscal year 1986.

“SECTION 2. The Director of the State Highway Department shall make requisition upon the State Auditor of Public Accounts and thereupon the Auditor of Public Accounts shall issue his warrant to the State Treasurer, who shall immediately pay same into the General Fund of the State Treasury as provided by law.”

Laws, 2004, ch. 595, § 15 provides:

“SECTION 15. During the period beginning upon July 1, 2004, and through June 30, 2005, any interest earned on state-source special funds to the credit of the Mississippi Department of Transportation shall be deposited by the State Treasurer into the State General Fund.”

Amendment Notes —

The 2004 amendment added “except as otherwise provided in Section 15 of Laws, 2004, ch. 595” to the third sentence and made minor stylistic changes.

Cross References —

Sale of used building materials by Mississippi Department of Transportation, see §65-1-125.

Provision governing method of expenditure of highway funds, see §65-1-145.

State aid road construction in counties, see §§65-9-1 et seq.

Use of monies in State Highway Department Fund to match federal funds for preliminary engineering, see §65-25-129.

RESEARCH REFERENCES

ALR.

What constitutes “construction or maintenance” of highways or roads in constitutional provision or statute allowing disbursements from state road fund for that purpose. 36 A.L.R.5th 657.

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 130 et seq.

CJS.

40 C.J.S., Highways §§ 188 et seq.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former law.

1.-5. [Reserved for future use.]

6. Under former law.

Highway commission was unauthorized to expend any funds except those allotted to it by legislative direction. State Highway Com. v. Gulley, 167 Miss. 631, 145 So. 351, 1933 Miss. LEXIS 80 (Miss. 1933).

Right to expend gasoline tax funds allocated to state highway commission included right to expend such funds to discharge claims or liabilities arising out of or necessarily incidental to complete accomplishment of statutory purposes, but did not include right to expend such funds for purpose not embraced within statutes. State Highway Com. v. Gulley, 167 Miss. 631, 145 So. 351, 1933 Miss. LEXIS 80 (Miss. 1933).

Until withdrawn and expended for authorized purposes, legislature has plenary power over gasoline tax funds paid into state treasury to highway commission’s credit. State Highway Com. v. Gulley, 167 Miss. 631, 145 So. 351, 1933 Miss. LEXIS 80 (Miss. 1933).

§ 65-1-112. Funds to be expended on basis of state need.

No funds provided to the state highway fund shall be expended on a set division of such funds by district, but shall be expended on the basis of state needs as a whole.

HISTORY: Laws, 1981, ch. 464, § 29, eff from and after July 1, 1981.

§ 65-1-113. Audit and budget.

The books and accounts of the Mississippi Department of Transportation shall be audited at the end of each fiscal year by the State Auditor. A copy of the audit shall be filed with the Governor, the Legislative Budget Office, and the Department of Finance and Administration and a copy kept on file in the Office of the Mississippi Transportation Commission. The audit shall be so segregated that it shall show in detail the expenditures of the Mississippi Department of Transportation for the period involved.

At a regular meeting in April of each year prior to the beginning of each July 1 fiscal year, the Mississippi Transportation Commission shall adopt a complete, detailed and itemized budget of each construction program, maintenance and administration based on information as required by the Legislative Budget Office, which budget shall not exceed a reasonably anticipated income of the commission for the succeeding fiscal year, and the essential features of such budget shall be spread at large on the minutes of the commission. A copy of the detailed budget shall be filed with the Governor and three (3) copies each with the Legislative Budget Office and the Department of Finance and Administration on or before May 30 of each year and shall cover all anticipated expenditures for construction, maintenance and all other expenditures for the ensuing fiscal year. The commission shall not make expenditures in excess of its published budget or any item thereof without written notice to the Legislative Budget Office and prior approval of the Department of Finance and Administration, except in case of extraordinary, unusual or unprecedented occurrences arising by reason of unforeseen events, floods, hurricanes or other acts of God or force majeure, in which event, upon the declaration of emergency and necessity spread at large upon the minutes, appropriate and necessary emergency expenditures may be made.

HISTORY: Codes, 1930, § 5011; 1942, § 8043; Laws, 1930, ch. 47; Laws, 1946, ch. 332, § 20; Laws, 1958, ch. 371; Laws, 1966, ch. 492, § 1; Laws, 1975, ch. 307; Laws, 1984, ch. 488, § 266; repealed, 1985, ch. 424, § 2; amnd, 1985, ch. 455, § 11; Laws, 1999, ch. 418, § 1, eff from and after passage (approved Mar. 18, 1999.).

Editor’s Notes —

Laws, 1985, ch. 424, § 2, purported to repeal this section effective July 1, 1985. Subsequently, § 11 of ch. 455, effective from and after passage (approved March 29, 1985), amended §65-1-113 without referring to ch. 424 which repealed the section. As set out above, this section contains the language of ch. 455, which represents the latest legislative expression on the subject.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration ”.

Cross References —

Joint Legislative Budget Committee and Legislative Budget Office, generally, see §§27-103-101 et seq.

Preparation of a budget by the Legislative Budget Office, see §§27-103-113 et seq.

Uniform accounting system, see §65-1-115.

Post audit of funds expended and submission of administrative budget, see §65-1-149.

§ 65-1-115. System of accounting.

The Department of Finance and Administration, in cooperation with the commission or its comptroller, shall formulate and prescribe a uniform system of accounting for all monies expended by the Mississippi Transportation Commission. The commission shall have prepared and issued all necessary forms, rules, and regulations for the installation and operation of said system of accounting, and it shall be the duty of the Transportation Commission, acting through its Executive Director, in allowing any account to request, by requisition the Department of Finance and Administration, that a warrant be issued therefor. The commission shall provide proper books covering requisitions to be drawn from the State Highway Fund. In the event any highway bonds or notes are issued, additional books covering a “bond and interest sinking fund” and “note fund” shall likewise be provided.

HISTORY: Codes, 1930, § 5012; 1942, § 8044; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 21; Laws, 1966, ch. 485, § 3; Laws, 2000, ch. 447, § 2, eff from and after passage (approved Apr. 18, 2000.).

Cross References —

State fiscal officer, generally, see §§7-7-3 et seq.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former law.

1.-5. [Reserved for future use.]

6. Under former law.

Highway commission was unauthorized to expend any funds except those allotted to it by legislature. State Highway Com. v. Gulley, 167 Miss. 631, 145 So. 351, 1933 Miss. LEXIS 80 (Miss. 1933).

Until withdrawn and expended for authorized purposes, legislature has plenary power over gasoline tax funds paid into state treasury to highway commission’s credit. State Highway Com. v. Gulley, 167 Miss. 631, 145 So. 351, 1933 Miss. LEXIS 80 (Miss. 1933).

Right to expend gasoline tax funds allocated to state highway commission included right to expend such funds to discharge claims or liabilities arising out of or necessarily incidental to complete accomplishment of statutory purposes, but did not include right to expend such funds for purpose not embraced within statutes. State Highway Com. v. Gulley, 167 Miss. 631, 145 So. 351, 1933 Miss. LEXIS 80 (Miss. 1933).

§ 65-1-117. County and federal funds for road construction.

The board of supervisors of any county is hereby authorized in its discretion to deposit with the State Treasurer, as trustee, funds representing the county’s or district’s share of the cost of construction of any project in that county.

The State Treasurer is hereby authorized to continue to receive and deposit to the credit of the State Highway Fund, all funds from the federal government made available by it for road construction purposes, and the treasurer shall notify the commission of the amounts so received.

All accounts against the above mentioned funds shall be certified by the director of the State Highway Department, who shall request the auditor of public accounts to issue his warrant on the State Treasurer for the amount of the account, and the treasurer shall pay same if sufficient funds are available, all in the manner prescribed herein or as may be required by law.

HISTORY: Codes, 1930, § 5013; 1942, § 8045; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 22.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Section 65-1-1 provides that whenever the term ‘director,‘ meaning the Chief Administrative Officer of the State Highway Department, appears in the laws of the State of Mississippi, it shall mean the Executive Director of the Mississippi Department of Transportation.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 132-134.

§ 65-1-119. Repealed.

Repealed by Laws, 1985, ch. 424, § 3, eff from and after July 1, 1985.

[Codes, 1930, § 5014; 1942, § 8046; Laws, 1930, ch. 47; 1948, ch. 332, § 23]

Editor’s Notes —

Former §65-1-119 related to reports of the state highway commission to the legislature.

§ 65-1-121. Inventory and report of property.

A full, complete, and detailed inventory of all property, other than rights of ways and lands containing road building materials, shall be continued as heretofore prepared and filed by the State Highway Department. All of said properties so reported and inventoried and all other property of every kind or description shall be entered in detail and by items in or upon a card index, or other modern filing system, and thereafter all property which may be purchased or acquired by the commission shall be likewise noted and indexed in such filing system so as to keep a complete record of the identity, cost, purpose, use, and location of said property at all times, so that inventory thereof may easily be made; and when disposed of, a complete record of the disposition thereof shall likewise be made. It shall be the duty of each of the highway commissioners and of the director to make a full report annually of all monies or property that have or has come into his possession or control and to faithfully account therefor.

HISTORY: Codes, 1930, § 5015; 1942, § 8047; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 24.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Cross References —

Sale of used road building materials, see §65-1-125.

§ 65-1-123. Sale or disposal of unnecessary property.

  1. Except as otherwise provided in subsection (10) of this section, whenever any personal property has been acquired in any manner by the Mississippi Transportation Commission for public use and in the opinion of the commission, all or any part of the property becomes unnecessary for public use, the commission is authorized to dispose of such property for a fair and reasonable cash market price. Any such sale shall be a sale upon the receipt of sealed bids after reasonable advertisement for bids in such manner and at such time and place as the commission may deem proper and advisable, except that the commission may sell at private sale any such personal property not necessary for public purposes the cash market value of which is less than Five Hundred Dollars ($500.00); however, if the personal property is timber, the commission may sell at private sale any such timber not necessary for public purposes the cash market value of which is less than Five Thousand Dollars ($5,000.00), except that whenever persons, groups or agencies are permitted to remove a quantity of timber from highway rights-of-way, and the cash market value of the timber is estimated by the commission to be less than One Thousand Dollars ($1,000.00), it shall not be necessary to have the timber cruised or appraised and the commission may sell the timber at private sale. The commission shall have the right to reject any and all bids in its discretion and to sell the property theretofore advertised at private sale for not less than the highest of the rejected bids, or to readvertise.
  2. Except as otherwise provided in subsections (3) and (4) of this section, whenever real property, with the exception of easements for highway purposes, has been acquired by the Mississippi Transportation Commission, in any manner, for public use and in the opinion of the commission all or any part thereof becomes unnecessary for public use, the same shall be declared on the minutes of the commission as excess property and shall be sold at private sale at market value. If the excess property was a total take from the original owner, then the commission shall offer to such owner, in writing, the first right of refusal to purchase such excess property; however, if after due diligence the original owner cannot be located, then the commission shall offer the first right of refusal to purchase the property to the adjoining property owner or owners. If the excess property was a partial take from the current owner of the parcel of real property from which the excess property was originally taken, then the commission shall be required to offer in writing the first right of refusal to purchase such excess property to such owner. If within forty-five (45) days any owner to whom the commission has offered the first right of refusal under the provisions of this subsection fails to accept the offer to purchase, the property shall then be offered to the adjoining property owner or owners. If within forty-five (45) days an adjoining property owner fails to accept the offer to purchase, then the excess property shall be sold to the highest bidder upon the receipt by the commission of sealed bids after reasonable advertisement for bids in such manner and at such time and place as the commission deems proper and advisable; however, the commission shall have the right to reject any and all bids in its discretion and to sell the property theretofore advertised at private sale for not less than the highest of the rejected bids, or to readvertise. Upon payment of the purchase price, the executive director of the department, upon due authorization by the commission entered on its minutes, may execute a quitclaim deed conveying such property to the purchaser.
  3. Whenever the commission acquires by fee simple interest any property determined to be an uneconomic remnant outside the right-of-way, then the commission may sell the property to the adjoining property owner or owners for an amount not less than the market value established by the county tax assessor or a state licensed or certified appraiser.
  4. Whenever the commission desires to sell any real property used as maintenance lots, the property shall be sold to the highest bidder upon the receipt by the commission of sealed bids and after reasonable advertisement for bids in such manner and at such time and place as the commission deems proper and advisable; however, the commission, in its discretion, may reject any and all bids and sell the property advertised at private sale for not less than the highest of the rejected bids, or may readvertise. Upon payment of the purchase price, the executive director of the department, upon authorization by the commission entered on its minutes, may execute a quitclaim deed conveying the property to the purchaser.
  5. All easements for highway purposes shall be released when they are determined on the minutes of the commission as no longer needed for such purposes, and when released, they shall be filed by the department in the office of the chancery clerk in the county where the property is located.
  6. In no instance shall any part of any property acquired by the commission, or any interest acquired in such property, including, but not limited to, easements, be construed as abandoned by nonuse, nor shall any encroachment on such property for any length of time constitute estoppel or adverse possession against the state’s interests.
  7. It is the intent of the Legislature that the Transportation Commission shall declare property it has acquired and which is no longer needed for public purposes as excess and to sell and/or dispose of such excess property in accordance with the provisions of this section as soon as practicable after such property becomes excess in fact. Unnecessary or excess property or property interests shall be disposed of only upon order of the Transportation Commission on its minutes as provided in this section.
  8. Whenever any real property has been acquired by the Transportation Commission and in the opinion of the commission all or any part of the property will not be utilized in the near future, the property shall be so declared by the Transportation Commission on its minutes and the commission may lease or rent the property for its market value.
  9. This section shall not apply to any sale, donation, exchange or other conveyance of real property when the Legislature otherwise expressly authorizes or directs the commission to sell, donate, exchange or otherwise convey specifically described real property.
    1. As an alternative to the sale of timber under subsection (1) of this section, the Mississippi Transportation Commission may enter into an agreement with the State Forestry Commission for the general supervision and management of timber on selected portions of the rights-of-way of the interstate highway system and those completed segments of four-lane highways in the state. Such an agreement may prescribe the details of, and authority and control over, the full range of forestry management practices. Seventy-five percent (75%) of any money collected from the sale of timber on rights-of-way, less any expenses associated therewith, shall be deposited into the Education Enhancement Fund created in Section 37-61-33, and the remainder shall be deposited into the State Highway Fund to be expended solely for the repair, maintenance, construction or reconstruction of highways.
    2. Subject to the provisions of paragraph (a) of this subsection, the Mississippi Transportation Commission may, after consultation with the State Forestry Commission, adopt such rules and regulations with regard to the management, sale or disposal of timber on highway rights-of-way as it considers appropriate; provided, however, such rules and regulations shall be uniform throughout the state and shall be designed to maximize the value of such timber or minimize the cost of removing such timber.

HISTORY: Codes, 1942, § 8059; Laws, 1940, ch. 162; Laws, 1948, ch. 332, § 32; Laws, 1983, ch. 324; Laws, 1988, ch. 597, § 1; Laws, 1991, ch. 569, § 1; 1993, ch. 606, § 1; Laws, 1994, ch. 410, § 1; Laws, 1998, ch. 434, § 1; Laws, 2002, ch. 437, § 2; Laws, 2003, ch. 470, § 1, eff from and after July 1, 2003.

Editor’s Notes —

Laws, 1988, ch. 597, § 2, provides as follows:

“SECTION 2. Nothing in this act shall affect the validity of any conveyance by the State Highway Commission in any excess real property, easement, or other interest in real property less than ownership in fee simple, which was granted or conveyed by the Highway Commission prior to the passage of this act.”

Laws, 1993, ch. 606, § 2, effective July 1, 1993, provides as follows:

“SECTION 2. Nothing in this act shall affect the validity of any conveyance by the Mississippi Transportation Commission in any excess real property, easement or other interest in real property which was granted or conveyed by the commission before July 1, 1993.”

Amendment Notes —

The 2003 amendment added “Except as otherwise provided in subsection (10) of this section,” to the first sentence of (1); inserted minor punctuation changes and added (10)(a), (10)(b).

Cross References —

Sale of timber on highway rights-of-way by state highway commission, see §65-1-8.

OPINIONS OF THE ATTORNEY GENERAL

Section 65-1-123 authorizes the Commission to lease railroad property on an interim basis, once purchased, if it determines that said property will not be utilized by the Commission in the near future. Robinson, May 31, 1996, A.G. Op. #96-0352.

JUDICIAL DECISIONS

1. In general.

In an inverse condemnation proceeding against the Mississippi Transportation Commission (Commission), it was not error to grant the Commission’s motion in limine to bar evidence of the Commission’s alleged abandonment of an easement, apart from the Commission’s minutes, because (1) the Commission could not abandon the easement by nonuse, and (2) any determination releasing the easement had to be on the Commission’s minutes, making such minutes the only relevant admissible evidence of such a release. Bay Point Props. v. Miss. Transp. Comm'n, 201 So.3d 1046, 2016 Miss. LEXIS 282 (Miss. 2016), cert. denied, — U.S. —, 137 S. Ct. 2002, 198 L. Ed. 2d 750, 2017 U.S. LEXIS 4057 (U.S. 2017).

§ 65-1-125. Sale of used road building materials.

The State Highway Department is hereby authorized, in its discretion, to sell used road building materials of every kind, nature, and description to the various boards of supervisors for a reasonable and fair price. The funds received as a result of a sale contemplated by this section shall be deposited in the state treasury as required by Section 65-1-111.

HISTORY: Codes, 1942, § 8041.7; Laws, 1962, ch. 253, eff from and after passage (approved May 25, 1962).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Cross References —

Powers of boards of supervisors generally, see §19-3-41.

§ 65-1-127. Participation in Federal Highway Administration Fellowship Program in Highway Safety.

The Mississippi State Highway Commission is authorized and empowered to cooperate with the Federal Highway Administration Fellowship Program in Highway Safety by granting permission of any of its employees accepted for participating in such program to be granted a leave of absence to obtain the schooling without loss of salary while gaining the advanced training to better equip them for service to the state highway department.

In addition to requirements set forth in the Federal Highway Administration’s regulations, any such employee to be eligible for such training must agree to continue to work with the Mississippi State Highway Department for at least three (3) years after completing the fellowship study period.

At no time shall more than three (3) employees be on such leave from the Mississippi State Highway Department.

HISTORY: Laws, 1975, ch. 332, eff from and after passage (approved March 6, 1975).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-129. Security officers; definitions.

For purposes of Sections 65-1-129 through 65-1-137, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:

“Highway Commission” means the Mississippi State Highway Commission.

“Qualified person” means a person who:

Has met all the educational and training requirements of a course of study prescribed and conducted by the Mississippi Law Enforcement Officers’ Training Academy; and

Is of good moral character and has not been convicted of any crime involving moral turpitude.

HISTORY: Laws, 1979, ch. 373, § 1, eff from and after July 1, 1979.

Cross References —

Mississippi Law Enforcement Officers Training Academy, see §§45-5-1 et seq.

References to “Mississippi State Highway Commission” shall mean the Mississippi Transportation Commission, see §65-1-1.

§ 65-1-131. Security officers; appointment; oath; identification; powers; reimbursement by district.

  1. The Mississippi Transportation Commission may appoint and commission qualified persons as security officers of the Mississippi Department of Transportation. Any such security officer so appointed shall be a full-time employee of the Transportation Department and shall not be employed by any privately owned guard or security service, and shall at all times be answerable and responsible to the Mississippi Transportation Commission and the Executive Director of the Mississippi Department of Transportation.
  2. A security officer appointed and commissioned as provided in subsection (1) of this section shall, before entering upon his duties as such officer, take the oath of office prescribed by Section 268, Mississippi Constitution of 1890, which shall be endorsed upon his commission. The commission, with the oath endorsed upon it, shall be entered in the official minute book of the Transportation Commission.
  3. A security officer appointed and commissioned pursuant to the provisions of subsection (1) of this section, shall, while engaged in the performance of his duties, carry on his person a badge identifying him as a security officer of the Mississippi Department of Transportation and an identification card issued by the Transportation Commission. When in uniform, each such security officer shall wear his badge in plain view.
  4. A security officer appointed and commissioned under subsection (1) of this section may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state, but only with respect to violations of law which are committed on or within buildings, property or facilities owned by or under the jurisdiction of the Transportation Commission or the Transportation Department. Any right granted under this subsection in no way relieves the requirements of appropriate affidavit and warrant for arrest from the appropriate jurisdiction and authority pursuant to the laws of this state.
  5. On behalf of each person who is employed as a security officer under subsection (1) of this section and who is trained as a security officer at the Mississippi Law Enforcement Officers’ Training Academy, the Transportation Department shall be required to pay to the academy at least an amount equal to the per student cost of operation of said academy as tuition.

HISTORY: Laws, 1979, ch. 373, § 2; Laws, 1996, ch. 425, § 1, eff from and after July 1, 1996.

Cross References —

Right of highway safety patrol members to bear arms, see §45-3-27.

Mississippi Law Enforcement Officers’ Training Academy, see §§45-5-1 et seq.

Arrest and detention by security officer, see §65-1-133.

Private security contracts, see §65-1-136.

Use of security officers at hospitality stations, see §65-31-1.

§ 65-1-133. Security officers; arrest and detention.

A person arrested by a security officer appointed and commissioned under Section 65-1-131 shall be handled or processed in the jurisdiction in which the offense was committed, in the same manner as if the arrest had been made by a sheriff or constable. If such security officer detains any person arrested by him, he shall forthwith deliver the arrested person to the sheriff of the county in which the offense was committed, and such security officer shall have no further authority as to the custody of such arrested person.

HISTORY: Laws, 1979, ch. 373, § 3; Laws, 1996, ch. 425, § 2, eff from and after July 1, 1996.

§ 65-1-135. Security officers; termination of authority.

The powers and authority of any security officer may be terminated at any time by the Highway Commission.

HISTORY: Laws, 1979, ch. 373, § 4, eff from and after July 1, 1979.

§ 65-1-136. Authorization of Mississippi Transportation Commission to contract with private security firms; requirements and limitations pertaining to private security officers.

  1. In addition to employing security officers as full-time employees of the Mississippi Department of Transportation as authorized under subsection (1) of Section 65-1-131, the Mississippi Transportation Commission may contract with any private security firm or business authorized to do business in this state for the purpose of providing security for buildings, property or facilities owned by or under the jurisdiction of the Transportation Commission or the Transportation Department, or for buildings, property or facilities located on a trunkline highway at or near a point of entry into this state in which a welcome center or hospitality station has been established by the Mississippi Department of Economic and Community Development.
  2. A security officer of a security firm or business with which the commission has contracted pursuant to the provisions of this section, while engaged in the performance of his duties, shall carry on his person a badge identifying him as a security officer and an identification card issued by the Transportation Commission. When in uniform, each such security officer shall wear his badge in plain view.
  3. A security officer of a security firm or business with which the commission has contracted pursuant to the provisions of this section shall have only such powers of arrest as may be exercised by a private citizen of this state and only such right to bear firearms or weapons while engaged in the performance of his duties as authorized under Section 97-37-7.

HISTORY: Laws, 1996, ch. 425, § 3; Laws, 2000, ch. 471, § 1, eff from and after passage (approved Apr. 25, 2000.).

Cross References —

Status of private security officers as independent contractors, see §65-1-137.

Use of private security officers at hospitality stations, see §65-31-1.

§ 65-1-137. Security officers considered independent contractors.

All security officers of any security firm or business with which the Transportation Commission has contracted under Section 65-1-136 shall be independent contractors and shall not be considered as employees under Chapter 46 of Title 11, Mississippi Code of 1972.

HISTORY: Laws, 1979, ch. 373, § 5; Laws, 1996, ch. 425, § 4, eff from and after July 1, 1996.

§ 65-1-139. Repealed.

Repealed by Laws, 1985, ch. 327, effective from and after March 15, 1985.

[En Laws, 1980, ch. 329]

Editor’s Notes —

Former §65-1-139 authorized the state to continue to actively participate in the multistate transportation system advisory board.

§ 65-1-141. Annual submission of three-year plan for maintenance, construction and relocation of highway system; determination of priorities for expenditure of funds.

    1. The Highway Commission shall annually have the Highway Department prepare a three-year plan for the maintenance, construction, reconstruction and relocation of the State Highway System. The plan shall include:
      1. For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for maintenance and which can be maintained within the three-year period from funds available or estimated to be made available for such purpose;
      2. For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for construction, reconstruction or relocation and for which contracts can be let for construction, reconstruction or relocation within the three-year period from funds available or estimated to be available for such purpose;
      3. The reasons for the priority assigned to highways, or segments thereof, pursuant to the criteria established in the following subsection (1)(b), and the annual cost and total estimated cost of completion for each such project; and
      4. A synopsis of any analyses or studies considered by the commission to develop the criteria in determining priorities.
    2. The Highway Commission shall determine the criteria on which the Highway Department shall assign priority for maintenance, construction, reconstruction and relocation of highways, or segments thereof, on each highway or road system under its jurisdiction, taking into consideration all of the following criteria:
      1. Public necessity and public safety;
      2. Present and future economic benefit and commercial value;
      3. Present and future traffic census; and
      4. Route continuity.

      Additionally, the Highway Commission shall take into consideration conditions potentially hazardous to the public safety at points on highways having substantial truck traffic entering and leaving the highway. In setting priorities for construction, the department shall take into consideration the construction of turning lanes at such points on highways to facilitate the safe movement of traffic.

    3. To develop the criteria to be used in determining priorities, the State Highway Commission may conduct public hearings; shall conduct analyses or studies of highway needs, utilizing highway department personnel; and shall consider highway needs analyses or studies submitted to them by the University Research Center, which is hereby directed to develop such highway needs analyses or studies with respect to the criteria set forth in subsection (1)(b)(ii) above and to timely submit or present such analyses or studies to the State Highway Commission.
  1. All funds appropriated and made available to the State Highway Department from any source within the state for maintenance, construction, reconstruction and relocation of the state highway system shall be expended on order of the State Highway Commission according to the priorities herein set forth and without regard to the provisions of Sections 65-3-29 through 65-3-33. The commission shall spread upon its minutes, from time to time, the priority of roads for application of such funds, the specific reasons for each priority so assigned, and the source and amount of funds applied to each project.
    1. All interstate funds apportioned to the State Highway Commission under the Federal Aid Highway Act of 1956 shall be allocated on the basis of need to complete the interstate system of highways to provide for the maximum commercial benefit to the state.
    2. All primary road construction money shall be used in the priorities established pursuant to subsection (1)(b) hereof.
    3. The State Highway Department shall match all available federal money for highways.
    4. Federal aid primary system as constituted. Priority of use of these funds shall be determined by roads meeting most of the criteria receiving priority established pursuant to subsection (1)(b) hereof.
    5. Secondary road construction money shall be used with priorities established by roads meeting most of the following criteria receiving priority:
      1. Roads in the order of the relative use and importance of such highways, as may be determined by the present and future traffic censuses thereof, taking into consideration their present and future use, convenience, public necessity and public safety, the connecting of Mississippi towns, cities and population centers and the economic contribution to the state should a specific highway be improved, the recorded maintenance expense and their continuity as highways through the state.
      2. Roads which carry the most traffic.
      3. Roads which connect the federal aid primary or interstate system in a uniform manner.
      4. Roads which serve the most commercial value.
      5. Roads which are arterial in nature.
      6. Roads which connect the major rural communities with similar communities in adjoining counties.
    6. The State Highway Department shall when funds are available match all available federal money for highways.
  2. Projects eligible for reimbursement under the provisions of P.L. 97-424 shall be exempt from the requirements of subsection (1)(a) of this section, but the State Highway Commission shall expend funds available to it for such projects in the priorities established pursuant to subsection (1)(b) hereof.
  3. All highway construction, reconstruction and relocation shall be by contract, let on competitive bid in the manner provided by statute. On any one (1) reconstruction project the total cost of which does not exceed Two Hundred Thousand Dollars ($200,000.00), reconstruction may be accomplished by highway department labor, equipment or materials. Nothing herein shall be construed to affect maintenance and repair work done or to be done on existing roads. When new programs require the utilization of professional services, the Mississippi State Highway Department may contract with, engage, or retain available, competent firms actively offering such professional services as a primary source of livelihood. “Professional services” is defined as services normally performed on a fee basis or contract by engineers, architects, business management, administrative and consulting firms.

HISTORY: Laws, 1981, ch. 464, § 22 sub 1; Laws, 1982, ch. 447; § 3; Laws, 1983, ch. 461; Laws, 1988, ch. 518, § 88, eff from and after July 1, 1988.

Editor’s Notes —

Laws of 1981, ch. 464, § 23, provides as follows:

“SECTION 23. Passage of Section 22 of this act shall not affect any project of the corridor system presently under construction, or any project on the corridor system on which contracts have been let for construction. However, nothing in this section shall prevent the Highway Commission from adopting the most efficient and economical design possible.”

Of the Code sections referred to in the first paragraph of subsection (2) of this section, §§65-3-29 and 65-3-31 were repealed by Laws, 1981, ch. 464, § 26, effective from and after July 1, 1981.

Section 65-3-33 referred to in (2) was repealed by Laws, 2000, ch. 574, § 11, eff from and after May 20, 2000.

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

University Research Center, see §§37-141-1 et seq.

Method of expenditure of road funds after priorities are established, see §65-1-145.

Federal Aspects—

Federal Aid Highway Act of 1956, see heading “Other Provisions” following 23 USCS § 101.

Allocation of the provisions of P.L. 97-424, see Statutes at Large Tables in the “Tables” volume of USCS.

§ 65-1-143. Construction to commence at points having greatest traffic congestion.

When the specific location of a road has been established under the criteria contained in Section 65-1-141, construction on said roads shall commence at the point on each segment having the greatest traffic congestion.

HISTORY: Laws, 1981, ch. 464, § 22 sub 2, eff from and after July 1, 1981.

Editor’s Notes —

Laws, 1981, ch. 464, § 23, provides as follows:

“SECTION 23. Passage of Section 22 of this act shall not affect any project of the corridor system presently under construction, or any project on the corridor system on which contracts have been let for construction. However, nothing in this section shall prevent the Highway Commission from adopting the most efficient and economical design possible.”

§ 65-1-145. Method of expenditure of funds.

  1. The expenditure of funds now or hereafter available for the construction and reconstruction of primary and secondary roads by the Mississippi Transportation Commission, after having determined the priority in accordance with the requirements of Section 65-1-141 hereof, shall be as follows:
    1. Four-lane roads shall be constructed using the existing two-lane roads as part of such construction along portions of highways where the most recent average daily traffic count exceeds thirty percent (30%) of the route segment’s capacity.
    2. Along such portions of highways where the most recent average daily traffic count does not exceed thirty percent (30%) of the capacity, two-lane roads shall be constructed, or existing two (2) lanes shall be widened, overlayed and reconstructed. Along such two-lane portions of highways passing lanes may be constructed where traffic congestion or special hazards dictate, or, where such two-lane segment connects two (2) existing four-lane roads, such segment may be constructed as a four-lane road for road continuity, using the existing two-lane road as part of such construction.
    3. Four-lane, full-control or limited access highways bypassing municipalities shall not be constructed until the Transportation Commission determines that the most recent average daily traffic count exceeds sixty percent (60%) of an existing two-lane route’s capacity or determines that within a reasonable period of time after construction of such a four-lane, full-control or limited access municipal bypass the average daily traffic count will exceed sixty percent (60%) of an existing two-lane route’s capacity. In no event shall such a bypass be constructed until approved by the Legislature by an appropriation of highway funds for a specific bypass, the construction of which has been recommended by the Executive Director of the Transportation Department pursuant to an order of the Transportation Commission duly recorded in the minutes of the commission and included in the three-year plan prepared pursuant to Section 65-1-141.
    4. Four-lane facilities may be constructed without using existing roadways as a part of such construction where it is necessary to construct four-lanes on new location because of bad alignment of existing roadway or where it is necessary to relocate or realign such roadway so as to connect with a four-lane facility in an adjoining state.
    5. Any four-lane bypass project of which all, or any portion thereof, is presently under construction, or let to contract, or which has been partially completed, except where right-of-way only has been acquired, may be completed in its entirety.
    6. Notwithstanding any limitation imposed above on the construction of four-lane roads, through June 30, 2007, contracts to construct four-lane roads may be let when (i) the federal government has provided money for four-laning a specific highway project, (ii) four-laning will enhance the current economic development of the area in which the four-lane road will be constructed, or (iii) the four-lane road to be constructed will connect with an existing four-lane road.

      Before a route location is submitted to the Federal Highway Administration for approval, appropriate identification of the proposed route must be spread upon the minutes of the Mississippi Transportation Commission and approved by an affirmative vote of all three (3) transportation commissioners. Where a route location has been approved by the Federal Highway Administration and a relocation of the route is contemplated, the same procedure of advertisement and hearings upon request must be followed which is used in reaching an initial route location. Any change in location must be spread upon the minutes of the Mississippi Transportation Commission and be approved by an affirmative vote of all three (3) commissioners. The Mississippi Transportation Commission may alter construction standards of an approved route by an affirmative vote of all three (3) commissioners; provided that such change is in conformity with items (a), (b), (c), (d), (e) and (f) of this subsection.

  2. No state monies shall be expended on any construction project unless a Transportation Department engineer shall be assigned to such project.

HISTORY: Laws, 1981, ch. 464, § 22 sub 3; Laws, 1982, ch. 436; Laws, 1987, ch. 322, § 2, eff from and after July 1, 1987 (Governor’s veto overridden by Legislature on March 12, 1987) (See Editor’s Note below); Laws, 1994, ch. 557, § 2, eff from and after July 1, 1994.

Editor’s Notes —

Laws of 1981, ch. 464, § 23, provides as follows:

“SECTION 23. Passage of Section 22 of this act shall not affect any project of the corridor system presently under construction, or any project on the corridor system on which contracts have been let for construction. However, nothing in this section shall prevent the Highway Commission from adopting the most efficient and economical design possible.”

Laws of 1987, ch. 322, § 32, provides as follows:

“SECTION 32. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the tax laws amended by this act prior to the date on which this act becomes effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which this act becomes effective or shall thereafter be begun; and the provisions of such tax laws as amended by this act are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and execution of any warrant under such laws prior to the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply therewith.”

Laws of 2002, ch. 582, § 10 provides as follows:

“SECTION 10. Notwithstanding any provision of law to the contrary, the Mississippi Transportation Commission shall submit the route location of Mississippi 477 (West Rankin Parkway) to the Federal Highway Administration for approval. Funding for Mississippi 477 (West Rankin Parkway) shall be limited to funds that originate from federal government, local government or private sources; however, the federal funds utilized for such route may only be federal funds allocated to the Central Transportation Commission District or federal funds specifically earmarked for Mississippi 477 (West Rankin Parkway).”

Cross References —

Highway funds generally, see §65-1-111.

§ 65-1-147. Reversion of links removed from state highway system to counties and political subdivisions.

Any link or part of the legislatively designated state highway system on July 1, 1981, that is removed from that system by appropriate statute shall revert for all purposes to the jurisdiction of the county and political subdivision in which it lies, and the link so removed may, in the discretion of the board of supervisors of the county in which it lies, be and become a part of the state aid roads system and be governed by the statutes regulating that system.

HISTORY: Laws, 1981, ch. 464, § 22 sub 4, eff from and after July 1, 1981.

Editor’s Notes —

Laws of 1981, ch. 464, § 23, provides as follows:

“SECTION 23. Passage of Section 22 of this act shall not affect any project of the corridor system presently under construction, or any project on the corridor system on which contracts have been let for construction. However, nothing in this section shall prevent the Highway Commission from adopting the most efficient and economical design possible.”

Cross References —

Another provision regarding reversion of roads removed from the state road system to jurisdiction of counties, see §65-1-59.

Reversion to jurisdiction of city any street used as a state highway, upon relocation or abandonment as such by the state, see §65-1-75.

OPINIONS OF THE ATTORNEY GENERAL

The removal of a section of U.S. Highway from the state maintained highway system requires legislative action. Lawrence, Apr. 13, 2001, A.G. Op. #01-0164.

§ 65-1-149. Annual reports of transportation commission; commissioner’s reports; administrative budget; post audit of funds expended and programs projected.

The Mississippi Transportation Commission shall file a detailed annual report with the Governor, Department of Finance and Administration, Secretary of the Senate, Clerk of the House of Representatives, and each member of the Senate and the House of Representatives requesting one, by January 15 of each year showing by county the construction and maintenance work in progress, the cost of each project with an indication of specific cost incurred and expenses paid during the fiscal year reported, a list of contracts let, a summary of the bids received, and the name and address of the contractor to whom the contract was awarded in each case. The annual report of the Transportation Commission shall also contain all receipts and disbursements during the preceding fiscal period and an estimate of the receipts for not less than the next fiscal period, plus the average cost of maintenance of each general type of road and the average cost of construction of the various types of surface. Any information and recommendations, including proposed legislation which in the opinion of the commission is needed, shall be contained in said report, in addition to any other required by law to be in the annual report of every department, agency or institution.

In addition to the report hereinabove required, there shall be presented, by January 15 of each year to the Senate Highways and Transportation Committee and to the House Transportation Committee, a report on the projected projects for the next three (3) years outlined in detail sufficient enough to facilitate an accurate assessment of such projects by such committees.

The Transportation Commission shall adopt a complete, detailed and itemized budget based on information as required by the Legislative Budget Office, which budget shall not exceed a reasonably anticipated income of the commission for the succeeding fiscal year, and the essential features of such budget shall be spread at large on the minutes of the commission. A copy of the detailed budget shall be filed with the Legislative Budget Office and the Department of Finance and Administration and shall cover all anticipated expenditures for the ensuing fiscal year. The commission shall not make expenditures in excess of its published budget or any item thereof without written notice to the Legislative Budget Office and prior approval of the Department of Finance and Administration, except in case of extraordinary, unusual or unprecedented occurrences arising by reason of unforeseen events, floods, hurricanes or other Acts of God or force majeure, in which event, upon the declaration of emergency and necessity spread at large upon the minutes, appropriate and necessary emergency expenditures may be made.

The books and accounts of the Mississippi Department of Transportation shall be audited at the end of each fiscal year by the State Auditor. A copy of the audit shall be filed with the Governor, the State Auditor, the Legislative Budget Office, the Department of Finance and Administration, and a copy kept on file in the office of the Transportation Commission. The audit should be so segregated that it shall show in detail the expenditures of the Transportation Department for the period involved.

HISTORY: Laws, 1981, ch. 464, § 22 sub 5; Laws, 1984, ch. 488, § 267; Laws, 1985, ch. 424, § 1; Laws, 1990, ch. 488, § 1; Laws, 1999, ch. 418, § 2, eff from and after passage (approved Mar. 18, 1999.).

Editor’s Notes —

Laws of 1981, ch. 464, § 23, provides as follows:

“SECTION 23. Passage of Section 22 of this act shall not affect any project of the corridor system presently under construction, or any project on the corridor system on which contracts have been let for construction. However, nothing in this section shall prevent the Highway Commission from adopting the most efficient and economical design possible.”

Cross References —

Joint legislative budget committee and legislative budget office, generally, see §§27-103-101 et seq.

Annual report of recommendations for deletion of roads from the state highway system, see §65-1-59.

§ 65-1-151. Additional bonds required of commissioners and director.

Bond shall be given to the state of Mississippi by each commissioner and the director, each in an additional sum of Fifty Thousand Dollars ($50,000.00), which is in addition to the bonds required in Sections 65-1-3 and 65-1-9, Mississippi Code of 1972; and said bond shall in all instances be and is for the same purposes and in the same manner as provided in Sections 65-1-3 and 65-1-9. Such bonds may be consolidated with bonds required in the aforementioned sections.

HISTORY: Laws, 1981, ch. 464, § 22 sub 6, eff from and after July 1, 1981.

§ 65-1-153. Submission of work program required prior to appropriations; notification of changes in program.

  1. From and after July 1, 1981, no appropriation shall be made to the Mississippi State Highway Department until the highway department supplies the legislature with a detailed program of the work to be accomplished during the fiscal year for which such appropriation will be made.
  2. Whenever a determination is made that one or more of the projects in the program detailed in subsection (1) cannot proceed as approved, the highway department shall furnish, in prescribed written form, the reasons for any proposed deviation, cancellation or rescheduling of such project, together with its recommendation for a substitute project, to the Lieutenant Governor, the chairman of the senate appropriations committee, the chairman of the senate highways committee and the chairman of the senate finance committee, and to the speaker of the house, the chairman of the house appropriations committee, the chairman of the house ways and means committee and the chairman of the house highways and highway financing committee, and to the individual senators and representatives in whose district the requested changes along with the proposed substitution is located.

HISTORY: Laws, 1981, ch. 464, § 24, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-1-155. Transfer of funds to Bureau of Building, Grounds and Real Property Management.

The State Highway Commission, acting through the Director of the State Highway Department, is hereby authorized and directed to transfer the sum of Ten Million Dollars ($10,000,000.00) out of any money in the special fund accounts within the State Treasury to the credit of the State Highway Department into a special fund account to the credit of the Bureau of Building, Grounds and Real Property Management within the State Treasury.

HISTORY: Laws, 1986, ch. 303, § 1, eff from and after July 1, 1986 (Governor’s veto overridden by Legislature on February 13, 1986).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Bureau of Building, Grounds and Real Property Management generally, see §7-1-451 and §§31-11-1 et seq.

§ 65-1-157. Expenditure of transferred funds by Bureau of Building, Grounds and Real Property Management.

The funds transferred herein to a special fund account to the credit of the Bureau of Building, Grounds and Real Property Management shall be expended only as authorized by an act of the Legislature.

HISTORY: Laws, 1986, ch. 303, § 2, eff from and after July 1, 1986 (Governor’s veto overridden by Legislature on February 13, 1986).

Cross References —

Bureau of Building, Grounds and Real Property Management generally, see §7-1-451 and §§31-11-1 et seq.

§ 65-1-159. Implementation of fund transferral by director.

The Director of the State Highway Department shall make requisition upon the State Auditor of Public Accounts, or its successor, and thereupon the Auditor of Public Accounts, or its successor, shall issue his warrant to the State Treasurer, who shall immediately pay same into the special fund account to the credit of the Bureau of Building, Grounds and Real Property Management created pursuant to Section 65-1-155.

HISTORY: Laws, 1986, ch. 303, § 3, eff from and after July 1, 1986 (Governor’s veto overridden by Legislature on February 13, 1986).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor, ” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Section 65-1-1 provides that whenever the term ‘director,‘ meaning the Chief Administrative Officer of the State Highway Department, appears in the laws of the State of Mississippi, it shall mean the Executive Director of the Mississippi Department of Transportation.

Cross References —

Bureau of Building, Grounds and Real Property Management generally, see §7-1-451 and §§31-11-1 et seq.

§ 65-1-161. Authorization for Office of General Services to convey right-of-way across certain lands.

The Governor’s Office of General Services, acting through the Bureau of Building, Grounds and Real Property Management, is authorized, in its discretion, to convey to the Mississippi State Highway Department, on behalf of the Mississippi School for the Deaf, the Mississippi School for the Blind and the Mississippi Agriculture and Forestry Museum, a right-of-way row easement across real property described as follows:

PARCEL NO. 1

Begin at the point of intersection of the present Easterly right-of-way line of Interstate Highway No. 55 North with the present Northerly right-of-way line of Eastover Drive, said point of beginning is 2,077.4 feet North and 362.1 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence Northerly along said present Easterly right-of-way line the following: North 28 degrees 57’ East, a distance of 842.4 feet; thence run South 61 degrees 09’ East, a distance of 15.0 feet; thence run North 28 degrees 35’ East, a distance of 439.5 feet; thence run Northeasterly along the circumference of a circle to the right having a radius of 676.78 feet, a distance of 183.9 feet to the Northerly line of grantors property; thence run North 88 degrees 46’ East along said Northerly property line, a distance of 84.4 feet to a point on a line that is parallel with and 26 feet Easterly of the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10; thence run Southerly along said parallel line along the circumference of a circle to the left having a radius of 5,703.58 feet, a distance of 119.3 feet; thence run South 32 degrees 01’ West, a distance of 49.9 feet; thence run Southerly along a line that is parallel with and 30 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 5,699.58 feet, a distance of 149.2 feet to a point that is 30 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9278 + 00; thence run South 55 degrees 08’ East, a distance of 50.0 feet; thence run Southerly along a line that is parallel with and 80 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 5,649.58 feet, a distance of 64.1 feet to a point that is 80 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9277 + 35; thence run South 74 degrees 58’ West, a distance of 45.8 feet; thence run South 50 degrees 26’ West, a distance of 51.8 feet; thence run South 38 degrees 52’ West, a distance of 50.0 feet to a point on that is 30 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9276 + 00; thence run Southerly along a line that is parallel with and 30 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 5,699.58 feet, a distance of 135.9 feet; thence continue Southerly along the last mentioned parallel line and along the circumference of a circle to the left having a radius of 14,293.95 feet, a distance of 212.9 feet to a point that is 30 feet Easterly of and measured radially to the centerline of survey at said relocation at Station 9272 + 50; thence run South 16 degrees 22’ West, a distance of 102.8 feet; thence run Southerly along a line that is parallel with and 55 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 14,268.95 feet, a distance of 249.0 feet to a point that is 55 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9269 + 00; thence run South 24 degrees 28’ West, a distance of 61.6 feet to a point that is 60 feet Easterly of and perpendicular to the centerline of survey of said relocation at Station 9268 + 38.364; thence run South 29 degrees 00’ West, along a line that is parallel with and 60 feet Easterly of the centerline of survey of said relocation, a distance of 188.4 feet to a point that is 60 feet Easterly of and perpendicular to the centerline of survey of said relocation at Station 9266 + 50; thence run South 25 degrees 35’ West, a distance of 43.7 feet to a point on the present Northerly right-of-way line of said Eastover Drive; thence run North 61 degrees 15’ West along said present Northerly right-of-way line, a distance of 68.3 feet to the point of beginning, containing 91,284.03 square feet or 2.096 acres, more or less, and all being situated in and a part of the West 1/2 of the Southwest 1/4 of Section 24, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi and

PARCEL NO. 2

Begin at a point that is 60 feet Easterly of and perpendicular to the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10 at Highway Survey Station 9266 + 50, said point of beginning is 2,084.0 feet North of and 440.8 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence South 02 degrees 26’ West, a distance of 11.2 feet to a point that is 65 feet Easterly of and perpendicular to the centerline of survey of said relocation at Station 9266 + 40; thence run South 56 degrees 22’ East, a distance of 38.7 feet to a point that is 70 feet Northerly of and perpendicular to the centerline of survey of the relocation of Eastover Drive as shown on the plans of said highway project at Station 12 + 45; thence run North 42 degrees 23’ East, a distance of 41.2 feet; thence run South 61 degrees 39’ East, a distance of 30.0 feet; thence run South 12 degrees 24’ West, a distance of 36.4 feet to a point that is 75 feet Northerly of and perpendicular to the centerline of relocation of said Eastover Drive at Station 12 + 95; thence run South 56 degrees 27’ East, a distance of 55.2 feet; thence run South 61 degrees 39’ East along a line that is parallel with and 70 feet Northerly of the centerline of survey of the relocation of said Eastover Drive, a distance of 120.0 feet; thence run South 81 degrees 18’ East, a distance of 74.3 feet; thence run South 61 degrees 39’ East, a distance of 21.9 feet; thence run South 42 degrees 09’ East, a distance of 30.1 feet; thence run South 03 degrees 43’ East, a distance of 56.5 feet to a point on the present Northerly right-of-way line of said Eastover Drive that is 37.33 feet Northerly of and measured radially to the centerline of relocation of said Eastover Drive at Station 16 + 20; thence run North 61 degrees 15’ West along said present Northerly right-of-way line, a distance of 416.6 feet; thence run North 25 degrees 35’ East, a distance of 43.7 feet to the point of beginning, containing 16,721.53 square feet or 0.384 acres, more or less, and all being situated in and a part of the Southwest 1/4 of the Southwest 1/4 of Section 24, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi. No access will be permitted across the retaining wall between Point “C” and Point “D” as shown on the right-of-way plans for the above mentioned Federal Aid Highway Project.

PARCEL NO. 3

Begin at the point of intersection of the present Easterly right-of-way line of Interstate Highway No. 55 North with the present Southerly right-of-way line of Eastover Drive, said point of beginning is 2009.9 feet North of and 318.9 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence South 61 degrees 15’ East along said present Southerly right-of-way line of Eastover Drive, a distance of 75.7 feet; thence run South 29 degrees 00’ West, a distance of 26.4 feet to a point that is 65 feet Easterly of and measured radially to the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10 at Station 9265 + 00; thence run South 31 degrees 57’ West, a distance of 336.1 feet to a point that is 55 feet Easterly of and perpendicular to the centerline of relocation of said East Frontage Road at Station 9261 + 66.667; thence run South 33 degrees 57’ West, a distance of 116.8 feet; thence run South 38 degrees 39’ West, a distance of 160.9 feet; thence run South 37 degrees 02’ West, a distance of 40.4 feet to a point that is 26 feet Easterly of and measured radially to the centerline of survey of said East Frontage Road relocation at Station 9258 + 50; thence run Southerly along a line that is parallel with and 26 feet Easterly of said centerline of said East Frontage Road relocation and along the circumference of a circle to the left having a radius of 7613.44 feet, a distance of 80.9 feet to a Southerly line of grantors’ property; thence run North 61 degrees 51’ West along said Southerly property line, a distance of 10.3 feet to a point on the present Easterly right-of-way line of Interstate Highway No. 55 North; thence run North 27 degrees 56’ East along said present Easterly right-of-way line, a distance of 120.6 feet; thence run North 28 degrees 57’ East along said present Easterly right-of-way line, a distance of 637.0 feet to the point of beginning, containing 37,759.63 square feet or 0.867 acres, more or less, and all being situated in and a part of the Southeast 1/4 of the Southeast 1/4 of Section 23, and the Southwest 1/4 of the Southwest 1/4 of Section 24, all in Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi, and

PARCEL NO. 4

Begin at a point that is 65 feet Easterly of and measured radially to the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-005-02-085-10 at Station 9265 + 00, said point of beginning is 1950.4 feet North of and 372.5 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence North 29 degrees 00’ East, a distance of 26.4 feet to a point on the present Southerly right-of-way line of Eastover Drive; thence run South 61 degrees 15’ East along said present Southerly right-of-way line of Eastover Drive, a distance of 409.6 feet to a point that is 42.68 feet Southerly of and measured radially to Station 16 + 15 on the centerline of the relocation of said Eastover Drive as shown on the plans for said project; thence run South 62 degrees 15’ West, a distance of 44.8 feet; thence run North 89 degrees 56’ West, a distance of 31.5 feet to a point that is 95 feet Southerly of and perpendicular to the centerline of said relocation of Eastover Drive at Station 15 + 61.925; thence run North 58 degrees 32’ West, a distance of 92.1 feet; thence run South 42 degrees 23’ West, a distance of 61.8 feet; thence run North 61 degrees 39’ West, a distance of 30.0 feet; thence run North 28 degrees 21’ East, a distance of 95.0 feet to a point that is 55 feet Southerly of and perpendicular to the centerline of said relocation of Eastover Drive at Station 14 + 25; thence run North 61 degrees 39’ West, a distance of 75.0 feet; thence run North 67 degrees 22’ West, a distance of 100.5 feet; thence run North 63 degrees 27’ West, a distance of 45.2 feet to the point of beginning, containing 14,868.52 square feet or 0.341 acres, more or less, and all being situated in and a part of the Southwest 1/4 of the Southwest 1/4 of Section 24, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi. No access will be permitted across the retaining wall between Point “A” and Point “B” as shown on the right-of-way plans for the above mentioned Federal Aid Highway Project.

PARCEL NO. 5

Begin at the point of intersection of the North line of grantors’ property with the present Easterly right-of-way line of Interstate Highway No. 55, said point is 0.4 feet North of and 745.9 feet West of the Northeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 6 North, Range 1 East; from said point of beginning run thence East along the North line of grantors’ property, a distance of 22.32 feet to a line that is 26 feet Easterly of and parallel with the centerline of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10; thence run Southeasterly along said parallel line and along the circumference of a circle to the left having a radius of 1611.02 feet, a distance 53.76 feet to the present Easterly right-of-way line of said Interstate Highway No. 55, thence run North 12 degrees 30’ West along said present Easterly right-of-way line, a distance of 47.16 feet; thence run North 05 degrees 53’ East along said present Easterly right-of-way line, a distance of 6.22 feet to the point of beginning, containing 621.05 square feet or 0.014 acres, more or less, and being situated in and a part of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi.

HISTORY: Laws, 1988, ch. 392, § 1, eff from and after passage (approved April 19, 1988).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Cross References —

Advertising restrictions and limits on building heights on property adjacent to the Natchez Trace Parkway, see §55-13-33 et seq.

§ 65-1-163. Disposition of proceeds of sale authorized by Section 65-1-161.

When the property described in Section 65-1-161 is conveyed to the Mississippi Highway Department as authorized, the proceeds from this conveyance of parcels 1, 2, 3 and 4, shall be deposited to the credit of the Mississippi School for the Deaf and the Mississippi School for the Blind, in a special account created in the State Treasury for the use of the Governor’s Office of General Services, Bureau of Building, Grounds and Real Property Management for the renovation of capital improvements of buildings and grounds on school property. The proceeds from the conveyance of the property in parcel 5 shall be deposited to the credit of Special Fund Account of the Mississippi Department of Agriculture and Commerce for the use and benefit of the Mississippi Agriculture and Forestry Museum. Monies in the special funds shall be expended only upon appropriation by the Legislature and upon requisitions signed by the proper person, officer or officers. Any monies appropriated from the special funds shall be in addition to other legislative appropriations which shall not be reduced because of the existence of the special fund.

HISTORY: Laws, 1988, ch. 392, § 2, eff from and after passage (approved April 19, 1988).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-1-165. Contract for development of comprehensive statewide litter prevention program.

The State Highway Department is hereby authorized to execute a contract with Keep Mississippi Beautiful, Inc., to develop and implement a comprehensive statewide program of litter prevention. The contract shall contain provisions to require that Keep Mississippi Beautiful, Inc., will:

Encourage and assist local communities to become certified Keep America Beautiful systems.

Serve as a state clearinghouse of information on ideas and projects to make local litter prevention programs more effective.

Implement statewide communication programs to alert people to the problem of littering and how it can be corrected.

Coordinate an annual statewide project which will heighten public awareness of the problem of littering.

Establish an annual awards program to recognize individual and community achievement in litter prevention.

Serve as the authority which approves and disburses financial assistance to any nonprofit corporation, county or municipality which, in a written application, seeks such assistance to implement a local litter prevention project. The financial assistance authorized herein shall not exceed forty percent (40%) of the cost of the local litter prevention project for which such assistance is sought.

Encourage donation of funds from the private sector to assist in defraying the operation of the litter prevention program implemented pursuant to this section.

The contract may include any additional provisions which the highway department deems necessary to effectuate the litter prevention program contemplated by this section.

Keep Mississippi Beautiful, Inc., shall submit to the highway department on or before August 1 of each year a written report detailing the operation of the litter prevention program statewide and its expenditure of monies for such program during the preceding state fiscal year.

HISTORY: Laws, 1988, ch. 574, § 1, eff from and after July 1, 1988.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Cross References —

Authorization to expend funds from the Statewide Litter Prevention Fund to implement the statewide litter prevention program established under this section, see §65-1-167.

Direction that the proceeds of fines imposed for littering highways and private property be expended solely for the purpose of implementing local litter prevention programs and to match monies available pursuant to this section, see §97-15-29.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi State University Extension Service, being an extension of a university and therefore a state agency, does not qualify as a nonprofit corporation under this provision; however, Keep Mississippi Beautiful, Inc. can disburse financial assistance directly to 4-H Clubs under the statute. Hall, December 1, 1998, A.G. Op. #98-0605.

Assuming its articles of incorporation as well as the actual contract with the Highway Department allow such, Keep Mississippi Beautiful, Inc. can contract with persons and entities, including authorized state agencies, to implement statewide communication programs to alert people to the problem of littering and how it can be corrected. Hall, December 1, 1998, A.G. Op. #98-0605.

§ 65-1-167. Statewide litter prevention fund.

There is hereby created in the State Treasury a special fund to be known as the Statewide Litter Prevention Fund. Monies may be expended out of such fund, pursuant to appropriation by the Legislature, to implement the statewide litter prevention program established under the provisions of Section 65-1-165. Disbursements from such fund shall be made only upon requisition of the Director of the State Highway Department with the approval of the State Highway Commission.

HISTORY: Laws, 1988, ch. 524, § 2, eff from and after July 1, 1988.

Editor’s Notes —

Section 65-1-1 provides that whenever the term ‘director,‘ meaning the Chief Administrative Officer of the State Highway Department, appears in the laws of the State of Mississippi, it shall mean the Executive Director of the Mississippi Department of Transportation.

Cross References —

Imposition of an assessment upon each person convicted for littering highways or private property and the deposit of such assessment to the credit of the fund created by this section, see §97-15-29.

§ 65-1-169. Removal or termination of obstructions, encroachments and unauthorized uses of property acquired for highway purposes.

The State Highway Commission is hereby authorized to maintain property acquired for highway purposes free and clear of any obstruction, encroachment or any other use not authorized by the commission. Before removing or terminating any obstruction, encroachment or other unauthorized use, the State Highway Commission shall give notice by registered mail to the offending party of its intention to remove or terminate such obstruction, encroachment or other unauthorized use unless, within forty-five (45) days from the date such notice is mailed, the offending party institutes a civil action in any court of competent jurisdiction with respect to the removal or termination proposed by the Highway Commission. When the State Highway Commission has removed or terminated any obstruction, encroachment or other unauthorized use after the mailing of notice as required above and upon the failure of the offending party to institute an action within the forty-five-day time period, the Highway Commission may institute a civil action in any court of competent jurisdiction against the offending party for all costs incurred in the removal or termination thereof.

The State Highway Commission, the State Highway Department and State Highway Department personnel shall not be liable, civilly or criminally, for any property damages or personal injuries incurred by any person for the removal or termination of such obstruction, encroachment or unauthorized use in accordance with the provisions of this section provided that reasonable care is exercised in the termination or removal of the obstruction, encroachment or unauthorized use. The provisions of this section shall not be construed as a waiver, in whole or in part, of the sovereign immunity of the state, the State Highway Commission or the State Highway Department.

The provisions of this section shall apply only to the removal or termination of obstructions, encroachments or other unauthorized uses of property acquired for highway purposes which first occur or are created on or after July 1, 1988. The provisions of this section shall not apply to or affect any right or remedy which the State Highway Commission was authorized by law prior to July 1, 1988, to exercise in the removal or termination of any such obstructions, encroachments or other unauthorized uses occurring or created before July 1, 1988.

HISTORY: Laws, 1988, ch. 559, eff from and after July 1, 1988.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-1-171. Construction of bridge across Pearl River at City of Jackson connecting counties of Rankin and Hinds.

Pursuant to federal appropriations for transportation system improvements, the Mississippi Department of Transportation is hereby authorized and empowered to construct a road and bridge along the following route: Begin at or near North State Street in the City of Jackson’s central business district and extend in an easterly direction across the Pearl River to Mississippi 475 at or near the entrance to the Jackson International Airport, for a total distance of approximately 4.6 miles. Final roadway alignment will be determined by a feasibility study.

To defray the cost of the project, the department shall utilize only monies made available to it from the boards of supervisors and the governing authorities of the counties and municipalities within which such project is located; however, the department may utilize state funds to match any federal funds which are specially provided for preliminary engineering, right-of-way acquisition and construction for the connections between I-55 and Mississippi 475 at or near the entrance to the Jackson International Airport, in addition to those federal funds with obligational authority as are regularly apportioned and appropriated to the State of Mississippi for highway purposes. Accessory improvements shall be made to local streets to accommodate traffic generated by the project. All improvements shall conform to congressional appropriations enacted for planning and construction of the project.

HISTORY: Laws, 1990, ch. 474, § 1; Laws, 1991, ch. 587, § 1; Laws, 1992, ch. 564 § 1; Laws, 1994, ch. 557, § 41, eff from and after July 1, 1994.

§ 65-1-173. Employment of inspectors to enforce and investigate violations of railroad laws and related mandates.

For the purpose of enforcing and investigating all violations of the railroad laws, and the rules, regulations and general orders of the Mississippi Transportation Commission promulgated thereunder, the commission is hereby authorized to employ five (5) inspectors and one (1) railway safety coordinator. The salaries of the inspectors and the safety coordinator shall be fixed by the commission, subject to the state personnel system law as provided under Section 25-9-101 et seq. The inspectors shall devote their full time to the performance of their duties and shall take an oath faithfully to perform the duties of their positions. The commission shall require bonds to be carried on such employees as the commission may deem necessary, the cost thereof to be paid by the commission.

The inspectors shall be selected after an examination, as prescribed by the commission, as to physical and mental fitness, knowledge of the railroad laws, the rules and regulations of the commission, the laws of this state pertaining to arrest and any other examination as may be prescribed by the commission. An inspector, at the time of appointment, shall be a citizen of the State of Mississippi, of good moral character, and shall not be less than twenty-one (21) years of age.

The inspectors of the Mississippi Transportation Commission may enter upon private property upon which a railroad facility is located that is connected to but not a part of the general railroad system of transportation, at reasonable times and in a reasonable manner to perform an inspection, investigation or surveillance of facilities, equipment, records and operations relating to the packaging, loading or transportation of hazardous materials or other materials to determine whether the railroad facility complies with the applicable federal or state safety statutes, rules, regulations or orders. Any inspection, investigation or surveillance performed on the site of a manufacturing facility shall be performed in compliance with the safety rules or regulations of the facility.

HISTORY: Laws, 1992, ch. 496, § 58; Laws, 1997, ch. 500, § 2; Laws, 1998, ch. 550, § 2, eff from and after passage (approved April 13, 1998).

Editor’s Notes —

Similar provisions were formerly contained in repealed §77-1-23.

Cross References —

Establishment of Mississippi Department of Transportation and transfer of functions from other offices thereto, see §65-1-2.

Mississippi Transportation Commission, see §65-1-3.

§ 65-1-175. Jurisdiction and powers of Department of Transportation with respect to roadway/railway crossings.

  1. The jurisdiction of the Mississippi Department of Transportation shall be exclusive with respect to public roadway/railroad crossings either at grade or otherwise except to the extent that its jurisdiction is preempted by valid federal statute, regulation or order.
  2. The Mississippi Department of Transportation shall have power, upon its own motion or upon complaint filed, after having made proper investigation, and after notice and hearing, if requested, to abolish any public roadway/railroad crossing heretofore or hereafter established, to vacate and close that part of the roadway on such crossing abolished, and to erect barricades across the roadway in such a manner as to prevent the use of such crossing as a roadway, when, in the opinion of the department, the public necessity served by the crossing in question is not such as to justify the further retention thereof. In any event, if a roadway/railway crossing is the subject of closure proceedings, both the local governmental entity and the rail carrier shall be given formal written notice by the department before any hearing is conducted by the department. However, a public hearing by the department to abolish a crossing shall not be required when the public roadway authority in interest vacates the roadway. In such instances, the rail carrier, following notification to the department and roadway authority, shall remove any grade crossing warning devices and the grade crossing surface.
  3. The Mississippi Department of Transportation shall have power, upon its own motion, or upon complaint, and after having made proper investigation and after notice and hearing, if requested, to require the installation of adequate and appropriate luminous reflective warning signs, luminous flashing signals, crossing gates illuminated at night, or other warning devices in order to promote the health and safety of the public. Luminous flashing signals or crossing gate devices heretofore installed at grade crossings and those installations hereafter approved by the department shall be deemed adequate and appropriate. The department shall have authority to determine the number, type and location of such signs, signals, gates or other protective devices which shall conform as near as may be with generally recognized national standards, and the department shall have authority to prescribe the division of the cost of the installation and subsequent maintenance of such signs, signals, gates or other warning devices between the rail carrier or carriers, the public highway authority in interest and the Mississippi Department of Transportation. In no event shall any costs assessed against either the public highway authority in interest or the rail carrier exceed ten percent (10%) of the costs of the materials and installation.
  4. Nothing in this section shall be construed as amending, repealing or modifying any duty or responsibility that railroads had, if any, immediately before July 1, 1992, with regard to any applicable state or federal laws, statutes, regulations or orders pertaining to the maintenance of signals, signs and warning devices at roadway/railroad crossings.

HISTORY: Laws, 1992, ch. 496, § 60; Laws, 2007, ch. 572, § 2, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment designated the formerly undesignated paragraphs as (1) through (4); in (2), substituted “public necessity” for “public convenience” and added the last two sentences.

Cross References —

Requirement that railroads erect “railroad crossbuck” at grade crossings, see §77-9-247.

OPINIONS OF THE ATTORNEY GENERAL

Counties are responsible for the installation and maintenance of necessary warning signs and pavement markings at rail crossings on roads under their jurisdiction subject to approval by the State Highway Commission. Fortier, Mar. 29, 2002, A.G. Op. #02-0109.

A local jurisdiction, in the exercise of its sound discretion, is responsible for paying for the materials and the installation of pavement markings and advance warning signs at public railroad crossing intersections on roads under local jurisdiction; both the materials and the installation of same are subject to approval by the Department of Transportation. Brown, Apr. 4, 2003, A.G. Op. #02-0769.

If the public roadway/railroad crossing involves roads which are under different jurisdictions, the funding responsibilities should be allocated proportionately among the respective jurisdictions. Brown, Apr. 4, 2003, A.G. Op. #02-0769.

RESEARCH REFERENCES

ALR.

Customary or statutory signal from train as measure of railroad’s duty as to warning at highway crossing. 5 A.L.R.2d 112.

Railroad company’s liability for injury or death of pedestrian due to condition of surface of crossing. 64 A.L.R.2d 1199.

Application of last clear chance doctrine to cases involving collision between train and motor vehicle at railroad crossing. 70 A.L.R.2d 9.

Railroad’s liability for crossing collision as affected by fact that train or engine was backing or engine was pushing train. 85 A.L.R.2d 267.

Failure of signaling device at crossing to operate, as affecting railroad company’s liability. 90 A.L.R.2d 350.

Governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection. 22 A.L.R.4th 624.

Liability of railroad or other private landowner for vegetation obscuring view at railroad crossing. 66 A.L.R.4th 885.

Am. Jur.

13A Am. Jur. Pl & Pr Forms (Rev), Highways, Streets, and Bridges, Forms 11, 12 (notice and claim for injuries, against municipality and railroad, alleging defective railroad crossing).

21 Am. Jur. Pl & Pr Forms (Rev), Railroads, Forms 21-37, 61-63, 311-339, 352, 353, 358-372.

23 Am. Jur. Trials 1, Railroad crossing accident litigation.

JUDICIAL DECISIONS

1. Actions against cities.

2. Discretionary functions.

1. Actions against cities.

Finding against the driver in her action against the city for injuries resulting from a collision with a train at a railroad crossing was appropriate because Mississippi law formed a consistent pattern with other authority that it was the railroad that maintained the crossing at issue and not the city. Bowman v. CSX Transp., Inc., 931 So. 2d 644, 2006 Miss. App. LEXIS 418 (Miss. Ct. App. 2006).

2. Discretionary functions.

Miss. Code Ann. §65-1-175(3) allowed the Mississippi Department of Transportation, in its discretion, to determine the appropriate type, number, and location of protective devices at railroad crossings, making it immune from liability for failing to provide an adequate clear zone or shoulder or adequate and necessary crash cushions under Miss. Code Ann. §11-46-9(1)(d) (Rev. 2012). Ala. Great S. R.R. Co. v. Jobes, 156 So.3d 871, 2015 Miss. LEXIS 37 (Miss. 2015).

§ 65-1-177. Department of Transportation, in consultation with Southern High-Speed Rail Commission and the Mississippi Development Authority, to promote passenger rail service and make recommendations regarding passenger rail infrastructure.

Working in consultation with the Southern High-Speed Rail Commission created in Section 57-45-1 and the Mississippi Development Authority, the Mississippi Department of Transportation shall promote passenger rail travel and service in the state and make recommendations for specific projects related to the construction, rehabilitation, maintenance, and improvement of the state’s passenger rail infrastructure, which shall include, but are not limited to, the following aspects:

Insuring compatibility for a project or projects with opportunities for the state to obtain federal funding assistance that may be available for high-speed passenger rail service, which includes, but is not limited to, intercity passenger rail service that is capable of reaching speeds of one hundred ten (110) miles per hour; and

Considering projects that create a series of corridor route rail segments with passenger service areas that are smaller than long-distance passenger trains and seek to connect major city pairs, in order to provide improved service at peak travel times and a higher frequency of trains.

HISTORY: Laws, 2009, ch. 497, § 3, eff from and after July 1, 2009.

§ 65-1-179. Emergency Road and Bridge Repair Fund created; use of funds; Emergency Road and Bridge Repair Fund Advisory Board.

  1. There is created in the State Treasury a special fund to be known as the “Emergency Road and Bridge Repair Fund,” into which shall be deposited money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The expenditure of money deposited into the fund shall be under the direction of the Mississippi Department of Transportation, and such funds shall be paid by the Mississippi Department of Transportation upon warrants issued by the Department of Finance and Administration.
  2. Money in the fund shall be utilized by the Mississippi Department of Transportation, with the advice of the Emergency Road and Bridge Repair Fund Advisory Board, to provide funding for emergency repairs to roads, streets and highways in this state and emergency bridge repairs on public roads, streets and highways in this state, as determined by a unanimous vote of the Mississippi Transportation Commission. However, before the expenditure of money in the fund, the department shall promulgate rules and regulations as authorized in subsection (3) of this section.
    1. There is created the Emergency Road and Bridge Repair Fund Advisory Board which shall consist of the following members:
      1. The President and Chief Executive Officer of the Mississippi Economic Council;
      2. The President and Chief Executive Officer of the Mississippi Manufacturers Association;
      3. The President of the Mississippi Farm Bureau Federation;
      4. The President of the Mississippi Poultry Association;
      5. The President of the Mississippi Trucking Association;
      6. The Executive Director of the Mississippi Association of Supervisors;
      7. The Executive Director of the Mississippi Municipal League;
      8. The Executive Vice President of the Mississippi Cattlemen’s Association;
      9. The Executive Director of the Mississippi Loggers Association; and
      10. The Executive Director of the American Council of Engineering Companies-Mississippi.
    2. The Governor shall appoint the chairman of the board and the board shall elect such other officers as it considers necessary from among its members.
    3. A majority of the members of the board shall constitute a quorum for the conduct of meetings and all actions of the board shall be by a majority vote. No compensation, per diem or mileage expense shall be provided board members.
    4. The Governor’s office shall provide any necessary administrative support to the board.
    5. The board shall meet at least quarterly to conduct business.
    6. The board shall provide nonbinding advice to the Department of Transportation regarding the expenditure of money in the Emergency Road and Bridge Repair Fund.
  3. The Mississippi Department of Transportation shall have all powers necessary to implement and administer the program established under this section to maximize all potential sources of funding including state and federal, for projects covered by the program. Any available sources of funding may be combined to fund any project covered by the program. This includes state aid road funds and/or Local System Bridge Replacement and Rehabilitation Program funds, which may be used in conjunction with Emergency Road and Bridge Repair Fund monies within the discretion of the State Aid Engineer. Under no circumstances, however, shall Emergency Road and Bridge Repair Fund monies be used to reimburse any amount that has been expended on the project prior to the award of such monies to the recipient.
  4. When monies in the Emergency Road and Bridge Repair Fund are distributed for projects, such monies shall not be re-deposited in the State Treasury, absent extraordinary circumstances where the recipient must return monies received under the program. This requirement is not intended to inhibit state agencies from receiving Emergency Road and Bridge Repair Fund monies for appropriate projects or to curtail any proper transfer of monies to accomplish such a project.
  5. The department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.

HISTORY: Laws, 2018, 1st Ex Sess, ch. 1, § 8, eff from and after passage (approved August 29, 2018); Laws, 2019, ch. 475, § 1, eff from and after passage (approved April 16, 2019).

Editor's Notes —

Laws of 2018, 1st Extraordinary Session, ch. 1, §§ 14 and 15, effective from and after August 29, 2018, provide:

“SECTION 14. This act shall be known and may be cited as the Mississippi Infrastructure Modernization Act of 2018.

“SECTION 15. Sections 5 and 6 of this act shall take effect and be in force from and after October 1, 2018, the remainder of this act shall take effect and be in force from and after its passage.”

Article 3. Eminent Domain and Condemnation Proceedings.

§ 65-1-301. Definitions.

For the purposes of this article the following terms shall have the meanings ascribed to them unless the context in which such terms are used otherwise requires:

“Department” means the Mississippi Department of Transportation.

“Judge” means the resident judge of the circuit or county court in the district where the cause is pending, or a special judge residing in the district, or the judge of the circuit or county court assigned to hold the courts of the district, or the emergency or special judge holding court in the county where the cause is pending.

HISTORY: Laws, 1997, ch. 439, § 1, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Creation of Mississippi Department of Transportation, see §§65-1-2,65-1-3.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

RESEARCH REFERENCES

ALR.

Construction and Application of Parratt-Hudson Doctrine, Providing That Where Deprivation of Property Interest Is Occasioned by Random and Unauthorized Conduct of State Officials, Procedural Due Process Inquiry Is Limited to Issue of Adequacy of Postdeprivation Remedies Provided by State. 89 A.L.R.6th 1.

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

JUDICIAL DECISIONS

1. Constitutionality.

Since the State Constitution, at Article 3, Section 17, mandates that a determination of public use be made whenever private property is taken, and the condemnor has the burden of proof on the issue of public use, this article, strictly construed, is unconstitutional for not providing a predeprivation opportunity for the landowner to challenge the taking and to make the condemnor satisfy its burden on the issue of public use. Lemon v. Mississippi Transp. Comm'n, 735 So. 2d 1013, 1999 Miss. LEXIS 117 (Miss. 1999).

Regardless of the adequacy of this section’s post-deprivation remedies, this section must provide a predeprivation hearing before taking property; because it does not provide for such a pre-deprivation hearing, this article is unconstitutional as violative of procedural due process. Lemon v. Mississippi Transp. Comm'n, 735 So. 2d 1013, 1999 Miss. LEXIS 117 (Miss. 1999).

§ 65-1-303. Filing of complaint and declaration of taking.

  1. When, in the exercise of its duties, the Mississippi Transportation Commission finds it necessary to condemn property, the commission shall institute a civil action by filing in the circuit or county court of any county in which the land is located a complaint and a declaration of taking that such land, easement or interest therein is thereby taken for the use of the Department of Transportation.
  2. The declaration shall contain or have attached thereto the following:
    1. A statement of the authority under which and the use for which the land is taken;
    2. A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;
    3. A statement of the estate or interest in the land taken for public use and a description of area taken for the identification thereof;
    4. The names and addresses of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands, so far as the same can be by reasonable diligence ascertained; and, if any such persons are infant, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated; and
    5. A statement of the sum of money which constitutes the fair market value as determined by the Transportation Department to be just compensation for the taking.
  3. The complaint shall contain or have attached thereto the following:
    1. A statement of the authority under which and the public use for which the land is taken;
    2. A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;
    3. A statement of the estate or interest in the land taken for public use and a description of the area taken sufficient for the identification thereof;
    4. The names and addresses of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands, so far as the same can be by reasonable diligence be ascertained; and, if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated;
    5. A statement as to such liens or other encumbrances as the Transportation Department is informed and believes are encumbrances upon the real estate and can by reasonable diligence be ascertained; and
    6. A prayer that there be a determination of just compensation in accordance with the provisions of this article.
  4. The filing of the complaint and the declaration of taking shall be accompanied by the deposit of the sum of money, the fair market value, determined by the Transportation Department to be just compensation for the taking; and, upon the filing of the complaint and the declaration and deposit of the sum, summons shall be issued and, together with a copy of the complaint and the declaration of taking and notice of the deposit, shall be served upon the person named therein in the manner now provided for the service of process in civil actions. The Transportation Department may amend the complaint and declaration of taking and may increase the amount of its deposit with the court at any time while the proceeding is pending, and the owner shall have the same rights of withdrawal of this additional amount as set forth in Section 65-1-307.

HISTORY: Laws, 1997, ch. 439, § 2, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Service and filing of pleadings and other papers, see Miss. R. Civ. P. 5.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see comment at Miss. R. Civ. P. 71A and R. Civ. P. 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

JUDICIAL DECISIONS

1. Parties.

Under paragraph (d) of subsection (2), a person who claims an easement by prescription across condemned land should be made a party to a condemnation proceeding. Bishop v. Mississippi Transp. Comm'n, 734 So. 2d 218, 1999 Miss. App. LEXIS 28 (Miss. Ct. App. 1999).

§ 65-1-305. Transfer of title.

  1. Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the amount of the compensation stated in the declaration, and upon the Transportation Department having filed proof of service of process, title to the land or such other interest therein specified in the complaint and the declaration of taking, together with the right to immediate possession thereof, shall vest in the Mississippi Transportation Commission, and the judge shall enter such orders in the cause as may be required to place the Transportation Commission in possession and title. Thereafter, the land shall be deemed to be condemned and taken for use of the Transportation Department, and the right to just compensation therefor shall vest in the person owning the property or any compensable interest therein at the time of the filing of the complaint and the declaration of taking and deposit of the money in court. Compensation shall then be determined and awarded in the action and established by judgment therein.
  2. If there is a life estate and a remainder, either vested or contingent, in lieu of the investment of the proceeds of the amount determined and awarded as just compensation to which the life tenant would be entitled to the use during the life estate, the court, in its discretion, may order the value of the life tenant’s share during the probable life of such life tenant to be ascertained as provided by law and paid directly to the life tenant out of the final award as just compensation established by the judgment in the cause, and the life tenant may have the relief provided for in Section 65-1-307.
  3. On and after July 1, 1997, the Transportation Department, at the time of the filing of the complaint and declaration of taking and deposit of fair market value compensation, shall record a memorandum of action in the land deed records of the chancery clerk in all counties in which the land involved therein is located, and the memorandum shall be recorded among the land records of the county. Upon the amending of any complaint and declaration of taking affecting the property taken, the Transportation Department shall record a supplemental memorandum of action. The memorandum of action shall contain the following:
    1. The names of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands and who are parties to the action;
    2. A description of the entire tract or tracts affected by the taking sufficient for the identification thereof;
    3. A statement of the estate or interest in the land taken for public use; and
    4. The date of institution of the action, the county in which the action is pending, and such other reference thereto as may be necessary for the identification of the action.

HISTORY: Laws, 1997, ch. 439, § 3, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-307. Application for full or just compensation.

  1. The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge, unless there is a dispute as to title, shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. The judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable.
  2. No notice to the Transportation Department of the hearing upon the application for disbursement of deposit shall be necessary, but a copy of the order disbursing the deposit shall be served upon the secretary of the Transportation Commission, or such other process agents as may be designated by the Transportation Department.

HISTORY: Laws, 1997, ch. 439, § 4, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

27 Am. Jur. 2d, Eminent Domain § 842.

§ 65-1-309. Procedure for filing an answer to complaint.

  1. Any person whose property has been taken by the Transportation Department by the filing of a complaint and a declaration of taking may, within the time hereinafter set forth, file an answer to the complaint praying only for a determination of just compensation. No answer shall be filed to the declaration of taking and notice of deposit. The answer, in addition, shall contain the following:
    1. Such admissions or denials of the allegations of the complaint as are appropriate;
    2. The names and addresses of the persons filing the answer, together with a statement as to their interest in the property taken; and
    3. Such affirmative defenses or matters as are pertinent to the action.
  2. A copy of the answer shall be served on the Transportation Department, or such other process agents as may be designated by the department, in Jackson, Mississippi, provided that failure to serve the answer shall not deprive the answer of its validity. The affirmative allegation of the answer shall be deemed denied; however, the Transportation Department may file a reply within thirty (30) days from receipt of a copy of the answer.
  3. The Transportation Department, within ninety (90) days from the receipt of the answer, shall file in the cause a plat of the land taken and such additional area as may be necessary to properly determine the damages, and a copy thereof shall be mailed to the parties or their attorney; however, the department shall not be required to file a map or plat in less than six (6) months from the date of the filing of the complaint.

HISTORY: Laws, 1997, ch. 439, § 5, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-311. Time for filing an answer to complaint.

Any person named in and served with a complaint and declaration of taking shall have twelve (12) months from the date of service thereof to file an answer. Failure to answer within the time shall constitute an admission that the amount deposited is just compensation and shall be a waiver of any further proceeding to determine just compensation. In such event, the judge shall enter final judgment in the amount deposited and order disbursement of the money to the owner. However, at any time before the entry of the final judgment, the judge, for good cause shown and after notice to the plaintiff, may extend the time for filing the answer for thirty (30) days.

HISTORY: Laws, 1997, ch. 439, § 6, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-313. Motion to hear and determine issues raised in pleadings.

After the filing of the plat, the judge, upon motion and ten (10) days’ notice by either the Transportation Department or the owner shall, either in or out of term, hear and determine all issues raised by the pleading other than the issue of just compensation, including, if controverted, questions of necessary and proper parties, title to the land, interest taken and area taken.

HISTORY: Laws, 1997, ch. 439, § 7, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-315. Appointment of attorney or guardian ad litem.

  1. The judge may appoint some competent attorney to appear for and protect the rights of any party or parties in interest who are unknown or whose residence is unknown and who have not appeared in the proceeding represented by an attorney or agent. The judge shall appoint guardians ad litem for these parties who are minors, incompetents, or other parties who may be under a disability and without general guardian. The judge may make additional parties as he deems necessary to the complete determination of the proceeding and may enter such other orders, either in law or equity, as may be necessary to carry out the provisions of this article.
  2. Upon the coming on of the cause for hearing pursuant to Section 65-1-311, or upon the coming on of the cause for trial, the judge, in order that the material ends of justice may be served, upon his own motion or upon motion of any of the parties thereto and upon proper showing that the effect of condemnation upon the subject property cannot presently be determined, may continue the cause until the highway project under which the appropriation occurred is open to traffic or until such earlier time as, in the opinion of the judge, the effect of condemnation upon the property may be determined.

HISTORY: Laws, 1997, ch. 439, § 8, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-317. Takings by department without filing complaint or declaration.

  1. Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Transportation Department without the filing of a complaint and declaration of taking by the department may, within twenty-four (24) months of the date of the taking of the affected property or interest therein or the completion of the project involving the taking, whichever occurs later, file a complaint in the circuit or county court setting forth the names and places of residence of the parties, so far as the same can by reasonable diligence be ascertained, who own or have, or claim to own or have estates or interests in the real estate. If any such persons are under a legal disability, it must be so stated, together with a statement as to any encumbrances on the real estate. The complaint shall further allege with particularity the facts which constitute the taking together with the dates on which they allegedly occurred. The complaint shall describe the property allegedly owned by the parties and shall describe the area and interests allegedly taken. Upon the filing of the complaint, summons shall issue and, together with a copy of the complaint, shall be served on the Transportation Department as provided in Section 65-1-309. The allegations of the answer shall be deemed denied; however, the Transportation Department, within sixty (60) days of service of summons and complaint, may file an answer. If the taking is admitted by the Transportation Department, it, at the time of filing answer, shall deposit with the court the fair market value of compensation for the taking; and notice of the deposit shall be given to the owner. The owner may apply for disbursement of the deposit, and disbursement shall be made in accordance with applicable provision of Section 65-1-307. If a taking is admitted, the Transportation Department, within ninety (90) days of the filing of the answer to the complaint, shall file a map or plat of the land taken. This procedure shall be followed for the purpose of determining all matters raised by the pleading and the determination of just compensation.
  2. The plaintiff, at the time of filing of the complaint, shall record a memorandum of action in the land deed records in the office of the chancery clerk in all counties in which the land involved is located. The memorandum of action shall contain the following:
    1. The names of those persons who the plaintiff is informed and believes may have or claim to have an interest in the lands and who are parties to the action;
    2. A description of the entire tract or tracts affected by the alleged taking sufficient for the identification thereof;
    3. A statement of the estate or interest in the land allegedly taken for public use; and
    4. The date on which plaintiff alleges the taking occurred, the date on which the action was instituted, the county in which it was instituted and such other reference thereto as may be necessary for the identification of the action.

HISTORY: Laws, 1997, ch. 439, § 9, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-319. Measure of damages.

The following shall be the measure of damages to be followed by the jury or judge who determines the issue of just compensation:

If only a part of a tract is taken, the measure of just compensation for the taking shall be the difference between the fair market value of the entire tract immediately before the taking and the fair market value of the remainder immediately after the taking, with consideration being given to any special or general benefits resulting from the utilization of the part taken for transportation purposes.

If the entire tract is taken the measure of just compensation for the taking shall be the fair market value of the property at the time of taking.

HISTORY: Laws, 1997, ch. 439, § 10, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

27 Am. Jur. 2d, Eminent Domain §§ 842.

§ 65-1-321. Interest on just compensation award.

To the amount awarded as just compensation by the jury or judge, the judge, as part of just compensation, shall add interest at the legal rate for judgments on the amount from the date of taking to the date of judgment; but interest shall not be allowed from the date of deposit on so much thereof as shall have been paid into court as provided in this article.

HISTORY: Laws, 1997, ch. 439, § 11, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-323. Time and place of hearing.

An order of the court shall fix the time and place for the hearing either in term time or vacation, and a certified copy shall be given to the court administrator. If the hearing is set during term time, it shall be given priority over any other matter and shall utilize the regular jury panel that has been summoned. If the hearing is set in vacation, the order of the court shall direct the clerk to summon the necessary jurors to appear at the time and place designated by the order.

HISTORY: Laws, 1997, ch. 439, § 12, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-325. Separate causes of action; jury; judgment.

  1. Each different property, identified by separate ownership, shall constitute a separate civil action and shall require trial, unless otherwise agreed by all parties with the approval of the court. Trial shall be to a jury of twelve (12), which shall be examined and empaneled in accordance with the Mississippi Rules of Civil Procedure. Alternatively, trial may be to the court as provided by the Mississippi Rules of Civil Procedure.
  2. In the trial of all cases provided for in this article, nine (9) jurors may bring in a verdict as in other civil cases. The verdict of the jury may be in the following form: “We, the jury, find that the defendant(s) _______________is/are entitled to just compensation for the acquisition of his/her/their property for the public use in the sum of $ _______________ .”
  3. Upon the return of the verdict by the jury or court, the court shall enter a judgment as follows, viz: “In this case the claim of (plaintiff name) to have condemned certain lands named in the complaint, to-wit: (here describe the property), being the property of (insert defendants’ names) was submitted to a jury (or the court) on the_______________day of_______________ , A.D._______________ , and the jury (or court) having returned a verdict fixing the defendant’s just compensation at $ _______________ , the verdict was received and entered. Now, upon payment of the award with legal interest from the date of the filing of the complaint, the property is vested in plaintiff by virtue of the judgment entered herein.”

HISTORY: Laws, 1997, ch. 439, § 13, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-327. Conformance to other civil actions.

In all cases of procedure under this article, whenever the mode or manner of conducting the action is not expressly provided for in this article or by the Mississippi Rules of Civil Procedure, or whenever the rules of civil procedure are inapplicable, the judge before whom such proceeding may be pending may make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of this article. The practice in such cases shall conform as nearly as practicable to the practice in other civil actions in the courts.

HISTORY: Laws, 1997, ch. 439, § 14, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-329. Final judgments; form.

Final judgments entered in actions instituted under the provisions of this article shall contain a description of the property affected, together with a description of the property and estate of interest acquired by the Transportation Department. A copy of the judgment shall be certified and filed in the land deed records in the chancery clerk office of the county in which the land or any part thereof lies.

HISTORY: Laws, 1997, ch. 439, § 15, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-331. Just compensation; adverse or conflicting claimants.

If there are adverse and conflicting claimants to the deposit made into the court by the Transportation Department or the additional amount determined as just compensation on which final judgment is entered in the action, the judge may direct the full amount determined to be paid into the court by the Transportation Department, shall release the department from any further involvement and may retain the cause for determination of who is entitled to the monies. By further order in the cause, the court may direct to whom the monies shall be paid and, in its discretion, may order a hearing to ascertain the facts on which such determination and order are to be made.

HISTORY: Laws, 1997, ch. 439, § 16, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-333. Written agreement in lieu of complaint or declaration of taking.

The provisions of this article shall not prevent the transportation department and the owner from entering into a written agreement whereby the owner agrees and consents that the department may enter upon his property without filing the complaint and declaration of taking and depositing the estimated compensation as provided in this article. The department shall have the same rights under such agreement with the owner in carrying on work on such project as it would have by having filed a complaint and a declaration of taking and having deposited the estimated compensation as provided in this article.

HISTORY: Laws, 1997, ch. 439, § 17, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-335. Authority of department to enter land to make surveys or other examinations.

The Transportation Department, without having filed a complaint and a declaration as provided in this article, may enter upon any lands and structures to make surveys, borings, soundings, environmental assessments or examinations as may be necessary in carrying out and performing its duties and responsibilities. Any such entry shall not be deemed a trespass or taking within the meaning of this article; however, the department shall make reimbursement for any damage resulting to such land from such activities, and the owner, if necessary, shall be entitled to proceed under the provisions of Section 65-1-317 to recover for such damages.

HISTORY: Laws, 1997, ch. 439, § 18, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-337. Reimbursement of real property taxes.

A property owner whose property is totally taken in fee simple by the transportation department exercising the power of eminent domain under this article or under any other statute, shall be entitled to reimbursement from the department of the pro rata portion of real property taxes paid that are allocable to a period subsequent to the vesting of title in the department or subsequent to the effective date of possession of such real property, whichever is earlier.

HISTORY: Laws, 1997, ch. 439, § 19, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-339. Transportation Department entitled to recover amount of deposit exceeding that of final judgment.

If the amount of the final judgment is less than the amount deposited by the Transportation Department pursuant to the provisions of this article, the department shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court costs incident thereto. If there are not sufficient funds on deposit to cover the excess, then the department shall be entitled to a judgment for the sum against the person or persons having received the deposit.

HISTORY: Laws, 1997, ch. 439, § 20, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-341. Payment of court costs; right of appeal.

The Transportation Department shall pay all court costs taxed by the court. Either party shall have a right of appeal to the Supreme Court for errors of law committed in any proceedings provided for in this article in the same manner as in any other civil actions, and it shall not be necessary that an appeal bond be posted.

The court having jurisdiction of the condemnation action instituted by the department to acquire real property by condemnation shall award the owner any right or title to, or interest in, such real property a sum as will in the opinion of the court reimburse such owner for his reasonable cost, disbursements and expenses, including reasonable attorney fees, appraisal and engineering fees, actually incurred because of the condemnation proceedings, if (a) the final judgment is that the department may not acquire real property by condemnation; or (b) the proceedings are abandoned by the department.

HISTORY: Laws, 1997, ch. 439, § 21, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-343. Prepayment of court costs.

The circuit clerks and chancery clerks shall not require the transportation department when following the procedure established in this article to prepay the cost of filing of a court action, filing of an instrument or obtaining a copy of any filed instrument from the office of chancery or circuit clerk. The clerk shall furnish an itemized statement and the payment shall be paid in the normal course of business.

HISTORY: Laws, 1997, ch. 439, § 22, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-345. Relationship to other laws.

The provisions of this article shall not be considered as amending or repealing any other provisions of law that prescribe a procedure for the acquisition of property through eminent domain or condemnation proceedings but shall be considered as a method and procedure that may be employed by the Mississippi Transportation Commission and the Mississippi Department of Transportation as an alternative to any eminent domain or condemnation proceedings as are otherwise prescribed by law.

HISTORY: Laws, 1997, ch. 439, § 23, eff from and after July 1, 1997.

Cross References —

Eminent domain proceedings, generally, see §§11-27-1 et seq.

Eminent domain power of Mississippi Transportation Commission, see §65-1-47.

Applicability of Mississippi Rules of Civil Procedure to eminent domain proceedings, see Miss. R. Civ. P. 71A and 81.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

§ 65-1-347. Due process.

Nothing in this article shall be construed so as to deprive the owner of the property or interest in the property which is the subject of acquisition pursuant to this article of due process of law as guaranteed by the Constitutions of the State of Mississippi and of the United States.

HISTORY: Laws, 1997, ch. 439, § 24, eff from and after July 1, 1997.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain §§ 1 et seq.

Article 5. Enforcement Agreements With Contiguous States.

§ 65-1-501. Legislative intent.

It is the intent of the Legislature to promote and provide services economically and to streamline the process for the weighing of vehicles, the issuance of permits, the collections of taxes, fees, and assessments and for the enforcement of the laws of this state, and rules and regulations promulgated by the Mississippi Transportation Commission and the laws of the contiguous states and their appropriate agencies and departments, by authorizing the Mississippi Transportation Commission to enter into bilateral agreements with contiguous states through their appropriate officials, departments or agencies, to jointly locate, construct, staff and operate permanent and portable weight scales or ports of entry and for the enforcement of the laws of this state and the rules and regulations of the Mississippi Transportation Commission, and the laws of such contiguous states and its agencies and departments.

HISTORY: Laws, 1998, ch. 426, § 1, eff from and after passage (approved March 23, 1998).

Comparable Laws from other States —

Louisiana: La. R.S. 32:7.

§ 65-1-503. Authority to negotiate and enter into interstate agreements.

The Mississippi Transportation Commission may negotiate and enter into interstate agreements with contiguous states through their appropriate officials, departments or agencies, to jointly provide for the location, construction, staffing and operation of portable or permanent scales for the weighing of vehicles and trailers, for the issuance of permits, for the collection of fees, taxes, and assessments, and for the enforcement of the laws of this state and the rules and regulations of the Mississippi Transportation Commission, and the laws of such contiguous states and the rules and regulations of its appropriate agencies or departments.

HISTORY: Laws, 1998, ch. 426, § 2, eff from and after passage (approved March 23, 1998).

§ 65-1-505. Contents of agreements; collection and distribution of monies.

The interstate agreement may authorize employees of either state to weigh machinery, vehicles, trailers and other equipment under the jurisdiction of the Mississippi Transportation Commission, issue permits, collect fees, taxes, interests and penalties imposed by the laws, rules or regulations of either state or its agencies and departments, enforce the laws of either state and the rules and regulations of the Mississippi Transportation Commission and the appropriate agency or department of such contiguous state. All fees, taxes, assessments, interest and penalties imposed and collected for and on behalf of the State of Mississippi in a contiguous state or by any employee of a contiguous state pursuant to an interstate agreement entered into under Sections 65-1-501 through 65-1-513 shall be collected, paid and distributed to the Mississippi Transportation Commission or other appropriate agency of this state as otherwise provided by law for the collection, payment and distribution of such fees, taxes, assessments, interest and penalties in this state.

HISTORY: Laws, 1998, ch. 426, § 3, eff from and after passage (approved March 23, 1998).

§ 65-1-507. Enforcement employees; appointments; positions in other states or departments.

The Mississippi Transportation Commission may appoint employees of the contiguous states as duly authorized and empowered enforcement officers of the Mississippi Transportation Commission for the enforcement of tax, weight, size and load, equipment, safety and all other laws, rules and regulations of this state and the Mississippi Transportation Commission relating to vehicles entering into, exiting, or traveling upon the highways of this state, and may allow employees of the Mississippi Transportation Commission to accept similar positions or appointments with any contiguous state or the appropriate agency or department of such state and to enforce the rules, regulations and laws of such state or its agencies or departments.

HISTORY: Laws, 1998, ch. 426, § 4, eff from and after passage (approved March 23, 1998).

§ 65-1-509. Employees of contiguous states as employees of Mississippi; compensation and benefits; civil and criminal liability.

Any employee of a contiguous state which enters into an interstate agreement under the authority of Sections 65-1-501 through 65-1-513 shall not become an employee of this state or of the Mississippi Transportation Commission, and shall not be compensated by this state or be entitled to any employment benefits either directly or indirectly from this state or the Mississippi Transportation Commission. The State of Mississippi or the Mississippi Transportation Commission or its officers, agents or employees shall not be subject to civil or criminal liability for the actions or inactions of such person.

HISTORY: Laws, 1998, ch. 426, § 5, eff from and after passage (approved March 23, 1998).

§ 65-1-511. Employees of this state accepting employment with contiguous states; status; compensation.

Employees of this state who accept appointments from a contiguous state shall not, by virtue of their appointment, be considered an employee of that state, be compensated by that state or be considered an employee of that state for the purposes of employment rights.

HISTORY: Laws, 1998, ch. 426, § 6, eff from and after passage (approved March 23, 1998).

§ 65-1-513. Rules and regulations; authority to enact.

The Mississippi Transportation Commission may enact all rules and regulations necessary to implement the provisions of Sections 65-1-501 through 65-1-513 and the authority granted in Sections 65-1-501 through 65-1-513 shall be in addition to the powers granted to the Mississippi Transportation Commission by Section 65-1-8.

HISTORY: Laws, 1998, ch. 426, § 7, eff from and after passage (approved March 23, 1998).

Article 7. Multi-Modal Transportation Improvement.

§ 65-1-701. Definitions.

As used in this article:

“Airport” means a publicly owned airport in Mississippi.

“Fund” means the Multi-Modal Transportation Improvement Fund created in Section 65-1-703.

“MDA” means the Mississippi Development Authority.

“MDOT” means the Mississippi Department of Transportation.

“Modes” means airports, ports, railroads and transit systems.

“Port” means a public port in Mississippi.

“Railroad” means a publicly owned short line railroad in Mississippi and regional railroad authority as defined in 19-29-5.

“Transit system” means a public transit system in Mississippi.

HISTORY: Laws 2001, ch. 552, § 1; Laws, 2012, ch. 312, § 1, eff from and after passage (approved Mar. 31, 2012.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error in paragraph (b). The words “Section 2 of this article” were changed to “ Section 65-1-703.” The Joint Committee ratified the correction at its June 2, 2003 meeting.

Amendment Notes —

The 2012 amendment added “and regional railroad authority as defined in 19-29-5” at the end of (g).

Cross References —

Mississippi Development Authority generally, see §57-1-1 et seq.

§ 65-1-703. Multi-Modal Transportation Improvement Fund.

There is established in the State Treasury a special fund to be designated as the “Multi-Modal Transportation Improvement Fund” into which shall be deposited such state funds as may be designated for deposit therein. Unexpended amounts remaining in the fund at the end of the state fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund. Money in the fund shall be expended by MDOT as provided for in this article for the improvement of airports, ports, railroads and transit systems in Mississippi.

HISTORY: Laws 2001, ch. 552, § 2, eff from and after July 1, 2001.

Editor’s Notes —

Laws of 2009, ch. 497, § 4 provides:

“SECTION 4. The Executive Director of the Mississippi Department of Transportation is directed to file an application with the Department of Finance and Administration to establish the “Multi-Modal Transportation Improvement Fund” as created in Section 65-1-703. The executive director shall perform all acts necessary to establish the fund as a separate fund within the Statewide Automated Accounting System (SAAS) and the State Treasury before July 1, 2009.”

§ 65-1-705. Port Multi-Modal Fund Committee; Airport Multi-Modal Fund Committee; Railroad Multi-Modal Fund Committee; Public Transit Multi-Modal Fund Committee.

    1. There is hereby created the Port Multi-Modal Fund Committee whose membership shall consist of:
      1. Seven (7) directors of ports, appointed by the President of the Mississippi Water Resources Association, or their designees, as follows: three (3) directors of the coastal ports and four (4) directors of the inland river ports;
      2. The Executive Director of MDA, or his designee;
      3. The Executive Director of MDOT, or his designee; and
      4. The Executive Director of the Mississippi Water Resources Association, or his designee.
    2. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.
    1. There is hereby created an Airport Multi-Modal Fund Committee whose membership shall consist of:
      1. Five (5) directors of airports appointed by the President of the Mississippi Airport Association, or their designees, at least three (3) of whom shall represent airports with commercial passenger service;
      2. The Executive Director of MDA, or his designee; and
      3. The Executive Director of MDOT, or his designee.
    2. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.
    1. There is hereby created the Railroad Multi-Modal Fund Committee whose membership shall consist of:
      1. The director of each railroad, or his designee;
      2. The Executive Director of MDA, or his designee; and
      3. The Executive Director of MDOT, or his designee.
    2. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.
    1. There is hereby created the Public Transit Multi-Modal Fund Committee whose membership shall consist of:
      1. Three (3) directors of transit systems, other than the Coast Transit Authority and the City of Jackson Transit System serving the greater Jackson urbanized area, appointed by the President of the Mississippi Public Transit Association, or their designees;
      2. The Executive Director of MDA, or his designee; and
      3. The Executive Director of MDOT, or his designee.
    2. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.

HISTORY: Laws 2001, ch. 552, § 3; Laws, 2004, ch. 326, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment rewrote the section to abolish the Multi-Modal Fund Committee and to revise the membership of the Port Multi-Modal Fund Committee.

§ 65-1-707. Allocation of funds; criteria.

  1. During each state fiscal year, MDOT shall distribute the money in the fund among the various modes as follows:
    1. Thirty-eight percent (38%) shall be distributed to ports;
    2. Thirty-four percent (34%) shall be distributed to airports;
    3. Sixteen percent (16%) shall be distributed to transit systems; and
    4. Twelve percent (12%) shall be distributed to railroads.
  2. In order for a port to receive money allocated under subsection (1) of this section, the port shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Port Multi-Modal Fund Committee. The Port Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:
    1. Directly related to dredging, capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;
    2. For a project or use directly related to the operation of the port in its modal role; and
    3. For a purpose outside the normal operating budget of the port.
  3. In order for an airport to receive money allocated under subsection (1) of this section, the airport shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Airport Multi-Modal Fund Committee. The Airport Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:
    1. Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;
    2. For a project or use directly related to the operation of the airport in its modal role; and
    3. For a purpose outside the normal operating budget of the airport.
  4. In order for a railroad to receive money allocated under subsection (1) of this section, the railroad shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Railroad Multi-Modal Fund Committee. The Railroad Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:
    1. Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;
    2. For a project or use directly related to the operation of the railroad in its modal role; and
    3. For a purpose outside the normal operating budget of the railroad.
    1. Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to Coast Transit Authority.
    2. Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to the City of Jackson Transit System serving the greater Jackson urbanized area.
    3. The remainder of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT among other transit systems. In order to receive funds under subsection (1) of this section, any such transit system shall file an application with MDOT describing how the money will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Public Transit Multi-Modal Fund Committee. The Public Transit Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate.
  5. As a condition for the receipt of any funds distributed under this section, the port, airport, railroad or transit system shall be required to fund, from public or private sources, not more than ten percent (10%) of the total cost of the project or purpose for which the funds are to be spent. The percentage amount of such matching fund requirement shall be determined by MDOT. In addition to such other contributions and expenditures as may be considered acceptable by MDOT, in-kind contributions and expenditures for the following shall be credited toward the above matching requirement:
    1. Pre-construction studies, planning and design;
    2. Personal property acquisition;
    3. Real property acquisition, reclamation and related relocation costs;
    4. Professional services; and
    5. Construction.
  6. In addition to such other expenditures as may be deemed appropriate by MDOT or hereunder, money distributed from the fund may be used to meet federal matching fund requirements and for pre-construction studies, planning and design; personal property acquisition; real property acquisition, reclamation and related relocation costs; professional services; and construction.

HISTORY: Laws 2001, ch. 552, § 4; Laws, 2004, ch. 326, § 2, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected publishing errors in the introductory language of subsections (4) and (5). The words “this act” were changed to “this article”. The Joint Committee ratified the corrections at its June 3, 2003 meeting.

Amendment Notes —

The 2004 amendment deleted “ninety-five percent (95%) of” following “MDOT shall distribute” in (1); deleted former (2) pertaining to the 5% discretionary distribution of Multi-Modal funds by the Department of Transportation, and redesignated the remaining subsections accordingly; and deleted former (9) pertaining to discretionary multiyear commitment to funding.

§ 65-1-709. Joint Legislative Multi-Modal Fund Committee; Department of Transportation to submit annual report to joint committee.

  1. There is hereby created the Joint Legislative Multi-Modal Fund Committee which shall consist of the Chairman of the Senate Highways and Transportation Committee, or his designee; the Chairman of the Senate Ports and Marine Resources Committee, or his designee; the Chairman of the House Transportation Committee, or his designee; and the Chairman of the House Ports, Harbors and Airports Committee, or his designee. Administration of this article shall be subject to oversight by the Joint Legislative Multi-Modal Fund Committee.
  2. MDOT shall annually prepare at its expense a written report on administration of the fund which shall include, without limitation, a description of all applications for funding received under this article, the status of each application, the criteria used to evaluate such application, and an analysis of the return and benefits from funding projects under this article. MDOT shall consult with the committees established in Section 65-1-705 when preparing such report and provide sufficient copies of the report at no cost to such committees. MDOT shall submit such report to the Joint Legislative Multi-Modal Fund Committee by not later than September 1 of each year.

HISTORY: Laws 2001, ch. 552, § 5; Laws, 2004, ch. 326, § 3, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment rewrote the first sentence in (1) to revise the membership of the Joint Legislative Multi-Modal Fund Oversight Committee; and in the first sentence of (2), deleted “and the multi-modal transportation systems of the state” following “administration of the fund,” and deleted “and three-year and ten-year forecasts of multi-modal transportation needs that MDOT recommends to be funded through the fund” from the end.

§ 65-1-711. Repealed.

Repealed by Laws, 2004, ch. 326, § 4 effective July 1, 2004.

[Laws 2001, ch. 552, § 6, eff from and after July 1, 2001.]

Editor’s Notes —

Former §65-1-711 provided for the repeal of Sections65-1-701 through 65-1-711.

Chapter 2. State Transportation Arbitration Board

§ 65-2-1. State Transportation Arbitration Board created.

It is hereby declared to be the public policy of the State of Mississippi that it is necessary and essential in the public interest to facilitate the prompt, peaceful, and just settlement of conflicts and disputes arising out of contracts for the construction of any building, highway or work, or the doing of any repairs, between the Mississippi Transportation Department and the various contractors with whom it transacts business, and to that end the Legislature does hereby establish the State Transportation Arbitration Board, hereinafter referred to as the board.

HISTORY: Codes, 1942, § 8041.4-01; Laws, 1972, ch. 511, § 1; Laws, 2007, ch. 502, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment inserted “for the construction of any building, highway or work, or the doing of any repairs”; substituted “Mississippi Transportation Department” for “state highway department”; and substituted “State Transportation Arbitration Board” for “state highway arbitration board.”

Cross References —

Arbitration and award generally, see §§11-15-1 et seq.

Arbitration of controversies arising from construction contracts and related agreements generally, see §§11-15-101 et seq.

Mississippi Transportation Department generally, see §§65-1-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

State Highway Arbitration Board may only hear conflicts and disputes arising out of contracts between State Highway Department and contractors. Shaw, April 1, 1991, A.G. Op. #91-0176.

State Highway Arbitration Board has no authority to hear disputes arising out of contract between county and contractor on State Aid project. Shaw, April 1, 1991, A.G. Op. #91-0176.

§ 65-2-3. Composition of board; terms; compensation.

The board shall be composed of three (3) members, one (1) to be appointed by the Mississippi Transportation Commission, and one (1) to be selected by the Mississippi Road Builders’ Association, Incorporated, or its successor organization (hereinafter referred to as the contractors). The third member shall be chosen by agreement of the other two (2) members.

Each board member shall serve for a four-year term at the end of which either the Mississippi Transportation Commission or the contractors may either retain their representative or choose to appoint or select another member.

The Mississippi Transportation Commission shall establish appropriate fees for administering the arbitration process under this chapter and for compensating arbitrators for their service. These fees for each arbitration do not include the attorneys’ fees of the parties and shall be assessed to the parties to the arbitration as determined by the board.

HISTORY: Codes, 1942, § 8041.4-02; Laws, 1972, ch. 511, § 2; Laws, 1992, ch. 343, § 1; Laws, 2007, ch. 502, § 2, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment rewrote the section.

Cross References —

Powers and duties of the Mississippi Transportation Commission generally, see §65-1-8.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Arbitration and Award §§ 23:212 et seq. (appointment of arbitrator).

2 Am. Jur. Legal Forms 2d, Arbitration and Award §§ 23:253, 23:254. (compensation of arbitrator).

CJS.

6 C.J.S., Arbitration §§ 90 et seq, 115 et seq.

§ 65-2-5. Calling board into session; jurisdiction.

The board shall elect a chairman and may adopt rules of procedure. The board may be called into session by the Mississippi Transportation Commission or by a contractor who has a dispute with the Mississippi Department of Transportation which, under the rules of the board, may be the subject of arbitration. The party requesting the board’s consideration shall give notice of the same to each member.

Absent agreement of the parties, the board shall have jurisdiction to hear matters concerning Seven Hundred Fifty Thousand Dollars ($750,000.00) or less per contract without regard to the size of the contract. The parties by mutual written agreement may submit to the board claims in excess of the jurisdictional limit of Seven Hundred Fifty Thousand Dollars ($750,000.00). Absent agreement of the parties, the number of arbitration proceedings regarding monetary issues shall be limited to three (3) per contract.

HISTORY: Codes, 1942, § 8041.4-02; Laws, 1972, ch. 511, § 2; Laws, 1992, ch. 343, § 2; Laws, 2007, ch. 502, § 3, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment, in the first paragraph, inserted “may” preceeding “adopt rules,” and substituted “Mississippi Transportation Commission” for “State Highway Commission” and “Mississippi Department of Transportation” for “State Highway Department”; and substituted the present last paragraph for the former last paragraph, which read: “The board shall have jurisdiction to hear matters concerning One Hundred Thousand Dollars ($100,000.00) or less without regard to the size of the contract.”

Cross References —

Powers and duties of the Mississippi Transportation Commission generally, see §65-1-8.

OPINIONS OF THE ATTORNEY GENERAL

Section 65-2-5 and Section 65-2-7 contemplate that all issues in controversy will be addressed at same time; this prevents circumvention of jurisdictional amount by breaking up claims into smaller parts. Shaw, Jan. 20, 1994, A.G. Op. #94-0007.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Arbitration and Award §§ 23:282, 23:283. (notice of hearing).

§ 65-2-7. Conduct of hearings.

Attendance of all three (3) members shall be necessary to conduct a meeting. If a member is recused from an arbitration or is unable to serve, that member shall be replaced in the manner originally appointed. Upon being called into session the board shall promptly hold hearings and shall have the power to administer oaths and to compel the attendance of witnesses and the furnishing by the parties of such information as may be necessary to a determination of the issue or issues in dispute. Both parties to the dispute shall have the opportunity to be present at the hearing, both personally and by counsel, and to present such oral and documentary evidence as the board shall deem relevant to the issue or issues in controversy.

HISTORY: Codes, 1942, § 8041.4-02; Laws, 1972, ch. 511, § 2; Laws, 2007, ch. 502, § 4, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment substituted “Attendance of all three (3) members” for “A quorum of two (2) members” in the first sentence; and added the second sentence.

Cross References —

Board authorized to hire personnel to record hearings, see §65-2-11.

OPINIONS OF THE ATTORNEY GENERAL

Section 65-2-5 and Section 65-2-7 contemplate that all issues in controversy will be addressed at same time; this prevents circumvention of jurisdictional amount by breaking up claims into smaller parts. Shaw, Jan. 20, 1994, A.G. Op. #94-0007.

RESEARCH REFERENCES

Am. Jur.

2A Am. Jur. Pl & Pr Forms (Rev), Form 71 (petition or application by arbitrators for order compelling witness to attend arbitration proceeding).

2A Am. Jur. Pl & Pr Forms (Rev), Arbitration and Award, Form 73 (order to show cause why witness should not testify before arbitrators or be punished for contempt).

2A Am. Jur. Pl & Pr Forms (Rev), Arbitration and Award, Form 74 (order directing witness to appear before arbitrators to testify).

CJS.

6 C.J.S., Arbitration §§ 111 et seq.

§ 65-2-9. Record or transcript.

A full and complete record or transcript of the proceedings before the board shall be taken, and upon proper notice within the time provided for herein a record shall be transcribed and made available to the reviewing court at the cost of the party or parties requesting same.

HISTORY: Codes, 1942, § 8041.4-02; Laws, 1972, ch. 511, § 2, eff from and after passage (approved May 22, 1972).

§ 65-2-11. Hiring of personnel to record hearings.

The board shall have the authority to hire personnel for the purpose of recording the hearings provided for herein, and the costs for such personnel shall be assessed as determined by the board.

HISTORY: Codes, 1942, § 8041.4-02; Laws, 1972, ch. 511, § 2; Laws, 2007, ch. 502, § 5, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment substituted “assessed as determined by the board” for “paid for by assessing the same equally to the parties in dispute.”

Cross References —

Conduct of hearings generally, see §65-2-7.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Arbitration and Award § 23:235 (employment of stenographic reporter).

§ 65-2-13. Board decisions.

It shall be the duty of the board to make written findings of fact and conclusions of law and to promulgate a written decision and order upon the issue or issues presented in each case. In making such findings the board shall consider only, and be bound only, by the evidence submitted. When a valid contract is in effect defining the rights, duties and liabilities of the parties with respect to any matter in dispute, the board shall have power only to determine the proper interpretation and application of the contract provisions which are involved. Any investigation made by less than the whole membership of the board shall be by authority of a written directive by the chairman and such investigation shall be summarized in writing and considered by the board in reporting its findings and making its recommendation.

The board shall hand down its findings, decision and order (hereinafter referred to as its order) within sixty (60) days after it is called into session. If all three (3) members of the board do not agree, the order of the majority shall constitute the order of the board. The board shall furnish to each of the parties a copy of its order and a certified copy thereof shall be filed in the office of the clerk of the circuit court. Unless such order is reversed upon a petition for review filed pursuant to the provisions of Section 65-2-15, such order, together with such agreements as the parties may themselves have reached, shall become binding upon and shall control the relationship between the parties from the date such order is filed with the clerk of the circuit court, as aforesaid. However, such order may be changed by mutual consent or agreement of the parties.

HISTORY: Codes, 1942, § 8041.4-03; Laws, 1972, ch. 511, § 3; Laws, 2007, ch. 502, § 6, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment inserted “and conclusions of law” in the first sentence of the first paragraph.

RESEARCH REFERENCES

Am. Jur.

2 Am. Jur. Legal Forms 2d, Arbitration and Award §§ 23:341-23:343 (award of arbitrators).

CJS.

6 C.J.S., Arbitration §§ 136 et seq., 187 et seq.

§ 65-2-15. Appeal to circuit court.

  1. Either party to the dispute may, within fifteen (15) days from the date such order is filed with the clerk of the court, petition the circuit court of any county in which the contractor operates or has an office or place of business, for a review of such order on the ground that:
    1. The parties were not given reasonable opportunity to be heard;
    2. The board exceeded its powers;
    3. The order is unreasonable in that it is not supported by the evidence; and
    4. The order was procured by fraud, collusion, or other unlawful means or methods.
  2. Upon the filing of an appeal from the decision of the State Transportation Arbitration Board, the decision of that board shall be suspended until it is reinstated or reversed by the circuit judge. The party bringing the appeal shall be required to place a supercedeas bond in an amount to be determined by the circuit judge.
  3. A summons to the other party to the dispute shall be issued as provided by law in other civil cases. Either party shall have the same rights to a change of venue from the county, or to a change of judge, as provided by law in other civil cases. The judge of the circuit court, without the intervention of a jury, shall hear the evidence adduced by both parties with respect to the issue raised by such petition and may reverse said order only if he affirmatively finds that one (1) of the grounds set forth in subsection (1) was in fact present to such a degree that the decision of the board should not be allowed to stand. The decision of the judge of the circuit court shall be final, unless an appeal is taken to the Supreme Court as hereinafter provided. If the court reverses said order for one (1) of the reasons stated herein, and no appeal is taken to the Supreme Court, the decision of the board shall no longer be binding on either party.

HISTORY: Codes, 1942, § 8041.4-04; Laws, 1972, ch. 511, § 4; Laws, 2007, ch. 502, § 7, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment substituted “State Transportation Arbirtration Board” for “State Highway Arbitration Board” in the first sentence of (2).

Cross References —

Jurisdiction, powers and authority of circuit court generally, see §§9-7-81 et seq.

RESEARCH REFERENCES

CJS.

6 C.J.S., Arbitration §§ 215-218.

Law Reviews.

1982 Mississippi Supreme Court Review: Administrative Law: Workmen’s Compensation. 53 Miss. L. J. 113, March 1983.

JUDICIAL DECISIONS

1. In general.

The State Highway Commission failed to perfect an appeal to the circuit court and the circuit court therefore had no jurisdiction to dispose of the appeal, where the Commission failed to have a supersedeas bond approved and filed with the circuit court pursuant to Code §65-2-15. Phillips Constr. Co. v. Mississippi State Highway Com., 420 So. 2d 1374, 1982 Miss. LEXIS 2250 (Miss. 1982).

§ 65-2-17. Appeal to Supreme Court.

Either party may appeal to the Supreme Court from the decision of the judge of the circuit court within the same period of time and following the same procedure as used in appeals from the order of the board to the circuit court.

HISTORY: Codes, 1942, § 8041.4-05; Laws, 1972, ch. 511, § 5, eff from and after passage (approved May 22, 1972).

Chapter 3. State Highway System

General Provisions; Additions to and Deletions from State Highway System, 1954-1971

§ 65-3-1. Collection of tolls on state highway forbidden; exception.

Subject only to the provisions hereinafter contained, it shall be unlawful for any person, acting privately or in any official capacity or as an employee of any subdivision of the state, to charge or collect any toll or other charge from any person for the privilege of traveling on any part of any highway which has been heretofore or may hereafter be designated as a state highway, and being a part of the state highway system, or on or across any bridge wholly within this state, which is a part of any such highway.

For a violation of this section, any judge or chancellor may, in termtime or vacation, grant an injunction upon complaint of the Mississippi Transportation Commission.

The provisions of this section shall be inapplicable to any toll road or bridge built or operated under the authority of Section 65-43-1 or Section 65-43-3.

HISTORY: Codes, 1942, § 8058; Laws, 1942, ch. 292; Laws, 1948, ch. 332, § 31; Laws, 1950, ch. 400; Laws, 2007, ch. 582, § 24, eff July 18, 2007 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

On July 18, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2007, ch. 582, § 24.

Amendment Notes —

The 2007 amendment substituted “provisions” for “proviso” near the beginning of the first paragraph; substituted “Mississippi Transportation Commission” for “State Highway Commission” in the second paragraph; and substituted the present last paragraph for the former last paragraph, which read: “However, none of the provisions of this section shall prohibit the collection of any toll or other charge for the privilege of traveling on, or the use of, any causeway, bridge, tunnel, toll bridge, or any combination of such facility constructed under the provisions of Sections 65-23-101 through 65-23-119, forming a part of U. S. Highway No. 90 across the Bay of St. Louis, or across or under the East Pascagoula River or the West Pascagoula River on said U. S. Highway 90.”

Cross References —

Toll bridges and ferries, see §§65-21-7,65-21-9.

§ 65-3-3. State highways designated.

The following highways are designated as state highways and shall be under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance, and such highways, along with all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:

Mississippi 1 – Begins at Onward, Sharkey County, thence in a westerly direction to Filer, thence in a northerly direction to Mayersville, thence continues from Mississippi 14 approximately midway between Mayersville and Rolling Fork to or near Greenville, Rosedale, Sherard and ends at U.S. 49 east of Mississippi River Bridge at Helena, Coahoma County.

Mississippi 2 – Begins at or near Hickory Flat, Benton County, and extends in a northeasterly direction to or near Blue Mountain, thence continues from or near Ripley to or near Kossuth to U.S. 72 west of Corinth, thence from U.S. 45 north of Corinth, Alcorn County, northeasterly to the Mississippi-Tennessee state line.

Mississippi 3 – Begins at a point on U.S. 61 at or near Redwood, Warren County, and extends in a northeasterly direction to or near Satartia and Yazoo City, thence follows U.S. 49W to or near Inverness, thence in a northeasterly direction to Moorhead, thence north to Sunflower, thence continues along U.S. 49W to Tutwiler, thence in a northeasterly direction to Lambert, Marks, Sledge, Crenshaw, Sarah and Savage to intersect U.S. 61 at or near Lake Cormorant, DeSoto County.

Mississippi 4 – Begins at or near Fox Island and extends east to or near Tunica, Coahoma County, thence continues from U.S. 61 south of Tunica to or near Savage, Strayhorn, Senatobia, Holly Springs, and Ashland, thence continues from Mississippi 5 approximately six and one-half miles south of Ashland to or near Ripley, Booneville, Bentonite Mill, Livingstons Store, New Site, and Bay Springs to Mississippi 25 at or near Dennis.

Mississippi 5 – Begins on Mississippi 178 near Hickory Flat, Benton County, and extends north to Elvis Chapel Church on U.S. 72, and thence west on U.S. 72 to Harris Chapel Church and thence northwest to Mississippi 7, Benton County.

Mississippi 6 – Begins on Mississippi 161 in Clarksdale, thence easterly to Marks, Batesville, Oxford, Pontotoc, Tupelo, thence southerly to Nettleton and ends at its intersection with Mississippi 25 north of Amory.

Mississippi 7 – Begins at or near Belzoni, Humphreys County, and extends in a northeasterly direction to or near Swiftown to U.S. 82 north of Itta Bena, thence continues from or near Greenwood to or near Holcomb, Grenada, Coffeeville, Water Valley, Oxford and Holly Springs to the Mississippi-Tennessee state line northeast of Michigan City, Benton County.

Mississippi 8 – Begins on Mississippi 1 at or near Rosedale, Bolivar County, and extends in an easterly direction to or near Cleveland, Ruleville, Minter City, Philipp and Holcomb, thence continues from or near Grenada to or near Calhoun City, Houston and Aberdeen and ends on U.S. 278 at or near Greenwood Springs, Monroe County.

Mississippi 9 – Begins at or near Ackerman, Choctaw County, and extends in a northerly direction to or near eupora, Bellefontaine and Slate Springs to Mississippi 8 south of Calhoun City, thence continues from or near Calhoun City to or near Bruce, Sarepta, Pontotoc and Sherman, thence continuing from U.S. 78 northwest of Sherman to, at or near Blue Springs and ending at Mississippi 30 at or near Graham, Union County.

Mississippi 9W – Begins on Mississippi 9 north of Bruce, Calhoun County, and extends northerly to or near Banner and Paris to Mississippi 7 at Airport Road south of Markette, Lafayette County.

I-10 – From the Mississippi-Louisiana state line east of Slidell, Louisiana, to the Mississippi-Alabama state line southwest of Mobile, Alabama.

U.S. 11 – Begins on I-59 at or near Nicholson, south of Picayune, Pearl River County, and extends in a northeasterly direction to or near Picayune, Poplarville, Hattiesburg, Laurel, Enterprise and Meridian, and thence easterly to the Mississippi-Alabama state line, Lauderdale County.

Mississippi 12 – Begins on Mississippi 1 at or near James, Washington County, thence continuing through LeRoy Percy State Park and extends in an easterly direction to or near Hollandale, Belzoni, Tchula, Lexington, Durant, Kosciusko and Ackerman to a point on U.S. 82 north of Mississippi State University, thence continues from or near Columbus and extends in a northeasterly direction to the Mississippi-Alabama state line, Lowndes County.

Mississippi 13 – Begins at a point on U.S. 49 at or near Maxie, Forrest County, and extends in a northwesterly direction to or near Lumberton and Columbia, thence continues in a northerly direction to or near Prentiss, Mendenhall, Puckett, Daniel, Polkville, Morton and Lena and ends at a point on Mississippi 16 west of Carthage at or near Pine Tree, Leake County.

Mississippi 14 – Begins at or near Mayersville, Issaquena County, and extends in an easterly direction to or near Rolling Fork, thence continues from U.S. 61 at or near Anguilla to U.S. 49W at or near Louise, thence continues from, at or near Ebenezer to or near Goodman, Newport and Zemuly to south of Kosciusko to or near Louisville and Macon ending at the Mississippi-Alabama state line east of Macon, Noxubee County.

Mississippi 15 – Begins at the intersection of I-10 and I-110, Harrison County, and extends in a northerly direction to or near Beaumont, Laurel, Bay Springs, Newton, Philadelphia, Louisville, Ackerman, Mathiston, Houston, Pontotoc, New Albany, Ripley, Walnut and ends at the Mississippi-Tennessee state line, Tippah County.

Mississippi 16 – Begins on Mississippi 1 at or near the Issaquena-Washington county line, thence in a southeasterly direction to Rolling Fork and extends in a southeasterly direction near Little Sunflower River, thence continues from or near Holly Bluff in a northeasterly direction to U.S. 49W at or near Craig, thence continues from or near Yazoo City to or near Benton to U.S. 51 at or near Canton, thence continues to or near Carthage, Philadelphia, Dekalb and Scooba to the Mississippi-Alabama state line east of Scooba, Kemper County.

Mississippi 17 – Begins in Scott County on designated Mississippi 25, thence northerly to Mississippi 16 near Farmhaven, thence to or near Pickens, Lexington, Carrollton and ends approximately three and one-tenth miles northeast of North Carrollton, Carroll County.

Mississippi 18 – Begins at or near Grand Gulf, Claiborne County, then to or near Port Gibson and extends in a northeasterly direction to or near Hermanville, Utica and Raymond to an intersection with U.S. 80 at or near Jackson, thence from Brandon continues in a southeasterly direction to or near Raleigh and Bay Springs, thence continues in a northeasterly direction to or near Rose Hill, thence southeast to or near Pachuta, thence east to or near Quitman and ends at the Mississippi-Alabama state line east of Quitman, Clarke County.

Mississippi 19 – Begins on U.S. 51 at or near West, Holmes County, and extends in a southeasterly direction to or near Kosciusko, Zama, Arlington High School, Yates Crossing, Philadelphia and Meridian, and ends at the Mississippi-Alabama state line southeast of Meridian, Lauderdale County.

I-20 – From the Mississippi-Louisiana state line at Vicksburg to a point on I-55 in Jackson and from another point on I-55 southeast of Jackson to a point on I-59 west of Meridian.

Mississippi 21 – Begins at a point on Mississippi 35 at or near Forest, Scott County, and runs in a northeasterly direction to or near Sebastopol, Dixon, Neshoba County Fairgrounds, Philadelphia, Bond High School, Preston, Gholson, thence in a northeasterly direction to intersect Mississippi 39 at or near Shuqualak, Noxubee County.

Mississippi 22 – Begins at or near Edwards, Hinds County, thence in a northeasterly direction to or near Flora, thence to a point on U.S. 51 at or near Canton, Madison County.

Mississippi 23 – Begins on Mississippi 25 at or near Smithville in Monroe County, thence northerly to Tremont, thence to the Mississippi-Alabama state line, Itawamba County, southeast of Golden, Mississippi.

Mississippi 24 – Begins at or near Fort Adams, Wilkinson County, and extends in an easterly direction to or near Woodville, Centreville, Gloster, Liberty and McComb, Pike County.

Mississippi 25 – Begins at or near Jackson, Hinds County, thence in a northeasterly direction to or near Carthage, Louisville and Starkville, thence along U.S. 82 to its intersection with U.S. 45A, thence along U.S. 45A to Muldon, thence to or near Aberdeen, Amory, Smithville, to U.S. 78, thence continuing to Belmont, Dennis, Tishomingo, Iuka and to the Mississippi-Tennessee state line north of Cross Roads, Tishomingo County.

Mississippi 26 – Begins at the Mississippi-Louisiana state line east of Bogalusa, Pearl River County, and extends in an easterly direction to or near Poplarville and Wiggins and ends at or near Lucedale, George County.

Mississippi 27 – Begins on the Mississippi-Louisiana state line south of Tylertown, Walthall County, and extends northerly to Tylertown, Monticello, Georgetown, Crystal Springs, Utica and ends at or near Vicksburg, Warren County.

Mississippi 28 – Begins at or near Fayette, Jefferson County, and extends to, at or near Hazlehurst, Georgetown, Pinola, Magee and Taylorsville and ends on U.S. 84 west of Laurel, Jones County.

Mississippi 29 – Begins at or near Wiggins, Stone County, and extends in a northerly direction to or near Janice, New Augusta, Runnelstown, Ellisville and ends at Mississippi 28 at or near Soso, Jones County.

Mississippi 30 – Begins at or near Oxford, Lafayette County, and extends in a northeasterly direction to or near New Albany, thence by Keownsville and Pleasant Ridge, thence to a point at or near Wheeler to intersect U.S. 45, thence along U.S. 45 to south of Booneville, thence from U.S. 45 northeasterly to intersect Mississippi 4 and Mississippi 364, thence to Walden’s Store, Hills Chapel, Burton and ends at the Natchez Trace Parkway east of Tishomingo, Tishomingo County.

Mississippi 32 – Begins on Mississippi Highway 1 at or near Perthshire, Bolivar County, and extends east to or near Shelby, thence continues from U.S. 49W at or near Parchman easterly to or near Webb, Charleston, Oakland, Water Valley, Bruce and Houlka, thence continues from Mississippi 15 south of Houlka to or near Van Vleet and Okolona, Chickasaw County.

Mississippi 33 – Begins at the Mississippi-Louisiana state line, Wilkinson County, and extends northerly to Mississippi 24 at or near Centreville, thence to Gloster to or near Crosby, Knoxville, Roxie and McNair to U.S. 61 south of Fayette, then from or near Fayette northeasterly to or near Red Lick and Pattison to Mississippi 18 at or near Hermanville, Claiborne County.

Mississippi 35 – Begins at the Mississippi-Louisiana state line, Marion County, south of Sandy Hook and extends in a northerly direction to a point on U.S. 98 at or near Foxworth, thence continues from or near Columbia to or near Bassfield, Lone Star, Mount Olive, Mize, Raleigh, Forest, Carthage, Kosciusko, Vaiden, Holcomb, Charleston and Batesville and ends at or near the Sardis Dam northeast of Batesville, Panola County.

Mississippi 37 – Begins at a point on U.S. 84, Covington County, south of Hot Coffee and extends in a northerly direction to or near Taylorsville, Center Ridge and ends on Mississippi 35 south of Raleigh, Smith County.

Mississippi 39 – Begins at or near Meridian, Lauderdale County, and extends in a northerly direction to or near DeKalb and ends on U.S. 45 at or near Shuqualak, Noxubee County.

Mississippi 41 – Begins at or near Pontotoc, Pontotoc County, and extends southeasterly to or near Okolona, thence easterly to U.S. 45 at or near Wren, Monroe County.

Mississippi 42 – Begins at the Lawrence-Simpson county line northeast of New Hebron and extends to or near New Hebron, Prentiss, Bassfield and Sumrall to U.S. 49 north of Hattiesburg to or near Petal, Runnelstown, Richton, Sand Hill and State Line to the Mississippi-Alabama state line, Wayne County.

Mississippi 43 – Begins on U.S. 90 west of Bay St. Louis, Hancock County, and extends in a north northwesterly direction to or near Picayune, thence continues from or near Picayune to Mississippi 26 at or near Cross Roads then to Mississippi 13 south of Prentiss west and north to Arm Road in Section 5, Township 6 North, Range 20 West, Lawrence County, and proceeds northwesterly for approximately four miles to its intersection with U.S. 84 in Section 24, Township 7 North, Range 21 West, thence continues from, at or near Silver Creek, New Hebron and Pinola to Mississippi 13 southwest of Mendenhall, thence continues from Mississippi 18 at or near Puckett, Cross Roads, Pelahatchie and Pisgah to Mississippi 16 at or near Canton, thence to or near Thomastown, Kosciusko, Shady Grove and Friendship ending at the intersection of Mississippi 407 south of Kilmichael, Montgomery County.

Mississippi 44 – Begins at or near McComb, Pike County, and extends to or near Pricedale and Jayess to Mississippi 27 east of Jayess, thence continues easterly across the Pearl River to Mississippi 13, Marion County, thence continues from, at or near Columbia to or near Sumrall, Lamar County.

U.S. 45 – Begins at the Mississippi-Alabama state line at or near the Town of State Line, Greene County, and extends in a northerly direction to or near Waynesboro, Quitman, Meridian, Scooba, Macon, Brooksville, Columbus, Aberdeen, Nettleton, Shannon, Tupelo, Booneville, Corinth and ends at the Mississippi-Tennessee state line north of Corinth, Alcorn County.

U.S. 45A – Begins at a point on U.S. 45 at or near Brooksville, Noxubee County, and extends in a northerly direction to or near West Point, Okolona, and ends at a point on U.S. 45 at or near Shannon, Lee County.

Mississippi 46 – Begins at a point on Mississippi 9 south of Calhoun City, Calhoun County, and extends southeasterly to or near Hohenlinden, Mantee, Montpelier to Mississippi 50 approximately seven miles west of West Point, Clay County.

Mississippi 47 – Begins at approximately seven miles west of West Point, Clay County, on Mississippi 50 and runs in a northerly direction to intersect with Mississippi 8 at or near Trebloc, and thence north to Buena Vista, Chickasaw County.

Mississippi 48 – Begins at or near Centreville, Wilkinson County, and extends to Liberty, thence continues from Mississippi 24 west of McComb and extends in a southeasterly direction to or near Magnolia, Tylertown and Dexter, thence continues in a southeasterly direction to intersect with Mississippi 35 at Sandy Hook, thence in an easterly direction to or near Lumberton, Lamar County.

U.S. 49 – Begins at or near Gulfport, Harrison County, and extends in a northerly direction to or near Wiggins, Hattiesburg, Collins, Mendenhall, Jackson and Yazoo City, thence continues from or near Tutwiler to or near Clarksdale, and thence continues from U.S. 61 north of Clarksdale westward to or near the Mississippi River, Coahoma County, near Helena, Arkansas.

U.S. 49E – Begins at or near Yazoo City, Yazoo County, and extends in a northerly direction to or near Tchula and Greenwood and ends at or near Tutwiler, Tallahatchie County.

U.S. 49W – Begins at or near Yazoo City, Yazoo County, and extends in a northerly direction to or near Belzoni, Indianola and Ruleville and ends at or near Tutwiler, Tallahatchie County.

Mississippi 50 – Begins at or near Walthall, Webster County, thence easterly to or near Cumberland to Mississippi 15, thence to or near Pheba, Cedar Bluff and West Point to or near junction Mississippi 373 and U.S. 45, then continues from, at or near Columbus on U.S. 82 northeasterly to the Mississippi-Alabama state line, Lowndes County.

U.S. 51 – Begins at the Mississippi-Louisiana state line at or near Osyka, Pike County, and extends in a northerly direction to or near Magnolia, McComb, Summit, Brookhaven, Hazlehurst, Crystal Springs, Jackson, Canton, Durant, Winona, Grenada, Batesville, Senatobia and Hernando and ends at the Mississippi-Tennessee state line north of Horn Lake, DeSoto County.

Mississippi 53 – Begins at or near Poplarville, Pearl River County, and extends in a southeasterly direction to or near Necaise and ends at or near Lyman, Harrison County.

I-55 – From the Mississippi-Louisiana state line south of McComb via Jackson to the Mississippi-Tennessee state line south of Memphis, Tennessee.

Mississippi 57 – Begins at or near Fontainebleau, Jackson County, and extends to or near Vancleave, Benndale, Avent, and McLain, thence continues from U.S. 98 east of McLain to or near Leakesville, thence continues from or near Leakesville northerly to or near State Line on U.S. 45 and ends at its intersection with Mississippi 42, Greene County.

I-59 – From the Mississippi-Louisiana state line near Picayune via Hattiesburg, Laurel and Meridian to the Mississippi-Alabama state line west of Cuba, Alabama.

U.S. 61 – Begins at the Mississippi-Louisiana state line south of Woodville, Wilkinson County, and extends in a northerly direction to or near Woodville, Natchez, Fayette, Port Gibson, Vicksburg, Rolling Fork, Leland, Cleveland, Clarksdale and Tunica and ends at the Mississippi-Tennessee state line north of Lake View, DeSoto County.

Mississippi 63 – Begins from U.S. 90 at or near Pascagoula, Jackson County, and extends in a northerly direction to or near Moss Point, Wade, Lucedale, Leakesville, Sand Hill and ends at or near Waynesboro, Wayne County.

U.S. 65 – Begins at the west end of the Mississippi River Bridge at Natchez, Adams County, and extends in an easterly direction to U.S. 61 and thence continues south jointly with U.S. 61 to the Mississippi-Louisiana state line south of Woodville, Wilkinson County.

Mississippi 67 – Begins at I-10 and extends north to U.S. 49 at or near Saucier, all in Harrison County.

Mississippi 69 – Begins at the Mississippi-Alabama state line and extends northerly to or near Columbus, all in Lowndes County.

U.S. 72 – Begins at the Mississippi-Tennessee state line northwest of Mt. Pleasant, Marshall County, and extends in a southeasterly direction to or near Walnut, Corinth and Iuka and ends at the Mississippi-Alabama state line southeast of Iuka, Tishomingo County.

Mississippi 76 – Begins on Mississippi 6 west of Pontotoc to Mississippi 9, from Mississippi 9 easterly to U.S. 45 south of Tupelo and continuing easterly to existing Mississippi 6 near Plantersville, and continues from a point approximately 7.482 miles northeast of U.S. 78 near the community of Fairview and extends northeasterly approximately 11 miles to the Mississippi-Alabama state line, Itawamba County.

U.S. 78 – Begins at the Mississippi-Tennessee state line northwest of Olive Branch, DeSoto County, and extends in a southeasterly direction to or near Holly Springs, New Albany, Tupelo and Fulton and ends at the Mississippi-Alabama state line east of Fulton, Itawamba County.

U.S. 80 – Begins at or near Vicksburg, Warren County, and extends in an easterly direction to or near Jackson, Brandon, Forest, Newton and Meridian and ends at the Mississippi-Alabama state line east of Meridian, Lauderdale County.

U.S. 82 – Begins at the Mississippi River Bridge southwest of Greenville, Washington County, and extends in a northeasterly direction to or near Greenville, thence east to or near Leland, Indianola, Greenwood, Carrollton, Winona, Mathiston and Starkville to a point on U.S. 45 west of Columbus, thence continues from or near Columbus to the Mississippi-Alabama state line east of Columbus, Lowndes County.

U.S. 84 – Begins at the Mississippi River Bridge at or near Natchez, Adams County, and extends in an easterly direction to U.S. 61 in Natchez, thence continues jointly with U.S. 61 to or near Washington, thence continues from U.S. 61 at or near Washington, to or near Meadville, Brookhaven, Monticello, Prentiss, Collins, Laurel and Waynesboro to the Mississippi-Alabama state line east of Tokio, Wayne County.

U.S. 90 – Begins at the Mississippi-Louisiana state line southwest of Pearlington, Hancock County, and extends in an easterly direction to or near Bay St. Louis, Gulfport, Biloxi, Pascagoula, and ends at the Mississippi-Alabama state line, Jackson County, en route to Mobile, Alabama.

U.S. 98 – Begins at or near Bude, Franklin County, and extends in a southeasterly direction to or near Summit, thence continues from, at or near McComb to or near Tylertown, Columbia and Hattiesburg, thence continues from I-59 southwest of Hattiesburg to or near New Augusta, Beaumont, McLain and Lucedale to the Mississippi-Alabama state line southeast of Lucedale, George County.

I-110 – Begins at its intersection with U.S. 90 in Biloxi thence north to I-10.

Mississippi 145 – The various sections of Old U.S. 45 that have been relocated by new construction.

Mississippi 149 – The various sections of Old U.S. 49 that have been relocated by new construction.

Mississippi 161 – The various sections of Old U.S. 61 that have been relocated by new construction.

Mississippi 172 – The various sections of Old U.S. 72 that have been relocated by new construction.

Mississippi 178 – The various sections of Old U.S. 78 that have been relocated by new construction.

Mississippi 182 – The various sections of Old U.S. 82 that have been relocated by new construction.

Mississippi 184 – The various sections of Old U.S. 84 that have been relocated by new construction.

Mississippi 198 – The various sections of Old U.S. 98 that have been relocated by new construction.

Mississippi 245 – Begins on U.S. 45A south of Okolona, Chickasaw County, thence continues to Mississippi 32/Mississippi 41 at Okolona and continues to Mississippi 145 at Shannon, Lee County.

I-220 – Begins at its intersection with I-20 at or near Van Winkle and thence northeasterly a distance of approximately 12 miles to intersect with I-55 at or near the Hinds-Madison county line.

U.S. 278 – Begins at the Mississippi-Arkansas state line, continues along U.S. 82 to Leland, thence along U.S. 61 to Clarksdale, continues along Mississippi 6 to Batesville, Oxford, Pontotoc and Tupelo, thence along U.S. 45 to south of Nettleton, near Wren, thence easterly to Amory and ends at the Mississippi-Alabama state line near Gattman, Monroe County.

Mississippi 301 – Begins at or near Arkabutla, Tate County, thence north to the Tate-DeSoto county line, thence begins on Mississippi 304 at Eudora to or near Lynchburg and ends at the Mississippi-Tennessee state line, DeSoto County.

Mississippi 302 – Begins at U.S. 61, DeSoto County, thence east to U.S. 78 at or near Olive Branch in DeSoto County, thence to U.S. 72 at or near Mount Pleasant in Marshall County.

Mississippi 304 – Begins at the Mississippi-Tennessee state line at or near U.S. 72, Marshall County, and thence runs in a southwesterly direction to intersect with U.S. 78 at or near Byhalia and thence runs in a westerly direction to intersect I-55 at or near Hernando and thence runs in a westerly direction to intersect with U.S. 61 in DeSoto County.

Mississippi 305 – Begins at or near the north boundary line of Sardis Reservoir, Lafayette County, and extends northerly to Mississippi 310 in Lafayette County, then from Mississippi 4 north to or near Independence, Lewisburg, Olive Branch and ends at the Mississippi-Tennessee state line, DeSoto County.

Mississippi 306 – Begins at or near Coldwater and extends to or near Independence, all in Tate County.

Mississippi 309 – Begins on Mississippi 4 at or near Chulahoma, Marshall County, Mississippi, and runs thence in a northerly direction to or near the communities of Watson, the Town of Byhalia, and ends at the Mississippi-Tennessee state line north of Barton, Marshall County.

Mississippi 310 – Begins on Mississippi 3 in Crenshaw, Panola County, and extends in an easterly direction to Como, then returns from I-55 easterly to the Lafayette county line near Laws Hill, then to Mississippi 7 at or near Malone, Marshall County.

Mississippi 311 – Begins on Mississippi 7 at or near Holly Springs and extends northerly to U.S. 72 at or near Mt. Pleasant, all in Marshall County.

Mississippi 313 – Begins at or near Hudsonville and extends westerly to Atway, thence northerly to U.S. 72 at or near Slayden, all in Marshall County.

Mississippi 314 – Begins at or near Sardis Reservoir and extends southeasterly to or near Oxford, all in Lafayette County.

Mississippi 315 – Begins at U.S. Highway 49/Mississippi 61 near the Town of Rich, continues to the Coahoma-Quitman county line, thence easterly to or near Sledge and Sardis, southeasterly to or near Sardis Dam and Water Valley to Mississippi 9W at or near Paris, Lafayette County.

Mississippi 316 – Begins at a point on U.S. 61 in Coahoma County, at or near Frank Montory’s Place and runs thence in a generally southeasterly direction through Jonestown, thence through Belen to Mississippi 6 west of Marks, Quitman County.

Mississippi 321 – Begins on Mississippi 32 east of Webb and extends northerly and ends at or near Brazil, all in Tallahatchie County.

Mississippi 322 – Begins at or near Sherard, Coahoma County, and extends east to or near Clarksdale, thence from or near Hopson on U.S. 49 south of Clarksdale east to Mississippi 3 approximately three miles south of Lambert, thence from Lambert to Crowder and ends on the Batesville-Charleston Road east of Crowder, Panola County.

Mississippi 328 – Begins where it intersects with Mississippi 315, and extends easterly in a direction approximately eight miles to or near Taylor, thence to or near Markette, Lafayette County.

Mississippi 330 – Begins on U.S. 51 west of Tillatoba, Yalobusha County, and extends easterly to or near Coffeeville and Gums, thence east to Bruce, Calhoun County.

Mississippi 331 – Begins on Mississippi 9 southwest of Sarepta, Calhoun County, and extends north to or near Tula and ends on Mississippi 334 north of Tula, Lafayette County.

Mississippi 332 – Begins at the intersection of Old Mississippi 7 with U.S. 51 approximately one mile north of Grenada and extends in a northeasterly direction to the north abutment of the Grenada Dam, all in Grenada County.

Mississippi 333 – Begins at the intersection of Old Mississippi 8 with new Mississippi 8, approximately one mile east of Grenada and extends in a northeasterly direction to its intersection with a federally maintained road leading to the south abutment of the Grenada Dam, all in Grenada County.

Mississippi 334 – Begins at or near Oxford, Lafayette County, and extends in an easterly direction to or near Toccopola and ends on Mississippi 9 at or near Springville, Pontotoc County.

Mississippi 336 – Begins on Mississippi 6 at or near Lafayette Springs, Lafayette County, and extends to or near Thaxton and Pontotoc, Pontotoc County.

Mississippi 340 – Begins at the Calhoun-Chickasaw county line near the Riley Ball Home, thence easterly to Mississippi 341, then continues to Mississippi 15 near Woodland, all in Chickasaw County.

Mississippi 341 – Begins at the Webster-Chickasaw county line, thence northerly to or near Atlanta, Vardaman to Mississippi 32, then continues to or near Buckhorn ending on Mississippi 9 southwest of Pontotoc, Pontotoc County.

Mississippi 342 – Begins on Mississippi 41 at or near Pontotoc and extends to Mississippi 6 east of Pontotoc, all in Pontotoc County.

Mississippi 345 – Begins at or near Pontotoc and extends north and west to or near Ecru, all in Pontotoc County.

Mississippi 346 – Begins at or near Sand Springs Church, thence east to or near Esperanza, thence to Mississippi 15 approximately three-fourths mile south of Ecru, all in Pontotoc County.

Mississippi 347 – Begins on Mississippi 349 at or near Bethlehem, thence northeasterly and northwesterly to Mississippi 349 approximately two miles south of Potts Camp, all in Marshall County.

Mississippi 348 – Begins at or near New Albany, Union County, and extends east to or near Guntown, Lee County.

Mississippi 349 – Begins where it intersects with Mississippi 30, Union County, and extends northwesterly to or near Cornersville and Bethlehem and ends at or near Potts Camp, Marshall County.

Mississippi 350 – Begins from Mississippi 2 northeast of Corinth, Alcorn County, thence in an easterly direction to Mississippi 25 near the State Line Resort, Tishomingo County.

Mississippi 351 – Begins on the Alcorn-Tippah county line thence north to or near Gorforth’s Place on Mississippi 2 in Alcorn County.

Mississippi 354 – Begins at or near Walnut, thence in a southeasterly direction approximately two and nine-tenths miles, all in Tippah County.

Mississippi 355 – Begins at Mississippi 346 near Esperanza, Pontotoc County, and extends northwesterly to or near Pinedale and Etta, then to Mississippi 30 near Gallway, Union County.

Mississippi 356 – Begins on the Kossuth-Rienzi Road, Alcorn County, approximately six and one-half miles west of Rienzi and extends east to or near Rienzi and Jacinto, to intersect Mississippi 365 southeast of Jacinto, Prentiss County.

Mississippi 362 – Begins at Mississippi 145, runs through Wheeler to Wheeler School, thence from Hopewell Road easterly to intersect at or near the junction with a county road in the northwest quarter of Section 20 approximately one and four-tenths miles west of Mississippi 371, all in Prentiss County.

Mississippi 363 – Begins on Mississippi 178 west of Fulton, Itawamba County, and extends north to or near Mantachie, thence north and west to Mississippi 145 at Saltillo, Lee County.

Mississippi 364 – Begins on Mississippi 30 east of Booneville, Prentiss County, runs northeast to Mississippi 365 and thence from a point near Holcut east to Mississippi 25 south of Iuka, Tishomingo County.

Mississippi 365 – Begins on Mississippi 30 at or near Burton, Prentiss County, thence north to Burnsville to intersect Mississippi 25 at or near Cross Roads, Tishomingo County.

Mississippi 366 – Begins east of Baldwyn on Mississippi 370, Prentiss County, thence in an easterly direction to Mississippi 371 at Marietta, thence from Mississippi 25 at or near Belmont to the Mississippi-Alabama state line east of Golden, Tishomingo County.

Mississippi 367 – Begins on Mississippi 356 southeast of Jacinto, thence in a northeasterly direction to Alcorn-Tishomingo county line, all in Alcorn County.

Mississippi 368 – Begins where it intersects Mississippi 15 at or near Blue Mountain thence easterly to or near Buena Vista School, all in Tippah County.

Mississippi 369 – Begins on Mississippi 370 approximately two miles east of Benton-Tippah county line, thence northeasterly to or near Walnut, all in Tippah County.

Mississippi 370 – Begins at Mississippi 5 at or near Ashland, Benton County, thence easterly to Mississippi 15 at or near Falkner, thence from Mississippi 4 at or near Ripley southeasterly to or near Dumas thence to Mississippi 30 at or near Pleasant Ridge, thence from Mississippi 30 east of Pleasant Ridge to or near Baldwyn and ends at Mississippi 371 at or near Kirkville, Itawamba County.

Mississippi 371 – Begins on Mississippi 6 south of Nettleton, Monroe County, thence north to or near Richmond and Mooreville, thence northeast to or near Mantachie, thence north to or near Marietta and ends on Mississippi 4 southeast of Booneville, Prentiss County.

Mississippi 373 – Begins on U.S. 45 approximately four miles north of Columbus, Lowndes County, thence to the South Gate of Columbus Air Force Base, thence from the North Gate of Columbus Air Force Base to U.S. 45 at or near Hamilton, Monroe County.

Mississippi 379 – Begins at the Itawamba-Monroe county line and extends northward to a point on Mississippi 371 near Evergreen, all in Itawamba County.

Mississippi 382 – Begins on U.S. 45A and thence runs in an easterly direction through Prairie to intersect Mississippi 25 approximately three miles south of Aberdeen, all in Monroe County.

Mississippi 385 – Begins at or near Buena Vista and runs in a northwesterly direction to Mississippi 32 at or near Van Vleet, all in Chickasaw County.

Mississippi 388 – Begins at or near Brooksville and extends east to or near Cliftonville and to the Mississippi-Alabama state line, all in Noxubee County.

Mississippi 389 – Begins on U.S. 82 in Starkville, Oktibbeha County, and runs in a northwesterly direction to the Oktibbeha-Clay county line, thence to a point on Mississippi 46 at Montpelier, continues in a northerly direction to a point on Mississippi 8 in Houston, Chickasaw County.

Mississippi 391 – Begins at the east side of T. N. Kinard property line and runs in a northeasterly direction to Winston-Noxubee county line, all in Winston County.

Mississippi 393 – Begins on the Winston-Neshoba county line and extends northward to Mississippi 490 at or near Claytown, Winston County.

Mississippi 395 – Begins on Mississippi 19 at or near Arlington, Neshoba County, and runs north to Plattsburg, thence east to or near Noxapater, Winston County.

Mississippi 397 – Begins at or near Louisville, Winston County, and extends southeast to or near DeKalb, Kemper County.

Mississippi 403 – Begins at or near Mathiston and extends north and west to the county highway maintenance barn for District No. 4 in Webster County.

Mississippi 404 – Begins at I-55 in Carroll County and extends east to U.S. 51 north of Duck Hill, thence from a point on U.S. 51 at Duck Hill in an easterly direction to beat line of Beat No. 2 in Montgomery County and from the intersection of Cadaretta-Bellefontaine Road at Spring Hill, and extends easterly to or near Bellefontaine in Webster County.

Mississippi 407 – Begins on U.S. 51, Montgomery County, thence in a southeasterly direction to Mississippi 413 at French Camp, then from Mississippi 12 at or near Weir southwesterly to the Town of McCool, thence west to intersect Mississippi 12, Attala County.

Mississippi 411 – Begins at a point at or near Glendale School on Mississippi 14 in Attala County, Mississippi, and runs in a northerly direction to or near Antioch Church, thence to the Town of McCool, continues over the business route of Mississippi 12 through the Town of McCool to a point just west of the bridge over the Yockanookany River, thence north to Mississippi 12, all in Attala County.

Mississippi 413 – Begins at or near Kilmichael, Montgomery County, and extends southeast to or near Weir, Choctaw County.

Mississippi 415 – Begins where it intersects the Natchez Trace Parkway, thence southeast to or near Chester, and ends on Mississippi 9 about two and one-half miles northwest of Ackerman, Choctaw County.

Mississippi 424 – Begins at or near Holmes State Park and extends east to U.S. 51 south of Durant, Holmes County.

Mississippi 425 – Begins at a point on Mississippi 12 and runs in a southeasterly direction to the east city limits of Ethel, all in Attala County.

Mississippi 427 – Begins at or near Laurel Hill, Neshoba County, and extends in a northerly direction to Mississippi 16 at Edinburg, then begins approximately two miles north of Edinburg and extends in a northerly direction to Mississippi 25 between Marydell, Leake County, and Mississippi 19 intersection.

Mississippi 429 – Begins at or near Blocker’s Store, Leake County, and extends northwest to intersect the Natchez Trace Parkway at or near Thomastown, thence northerly to Mississippi 14 at or near Zemuly, thence from Mississippi 14 at or near Newport north to intersect Mississippi 12 north of Sallis, Attala County.

Mississippi 430 – Begins at or near Greenwood, Leflore County, thence in a southeasterly direction to Leflore-Carroll county line, thence from a point at or near Black Hawk east to or near Vaiden, Carroll County.

Mississippi 431 – Begins in the Village of Sallis, Attala County, 600 feet west of Mississippi 429 and extends easterly to Mississippi 12 east of Sallis.

Mississippi 432 – Begins at or near Benton, Yazoo County, and extends northeast to or near Pickens, Holmes County.

Mississippi 433 – Begins on U.S. 61 at or near Kelso, Sharkey County, thence northeast to a point south of Spanish Fort, and thence from, at or near Satartia, east to or near Bentonia, thence in a northerly direction to or near Benton, and thence to a point approximately four miles north of the Holmes-Yazoo county line.

Mississippi 434 – Begins on U.S. 61 north of Anguilla and extends east to or near Catchings, now Delta City, all in Sharkey County.

Mississippi 436 – Begins at or near Glen Allen and extends northeasterly to U.S. 61 at or near Percy, all in Washington County.

Mississippi 438 – Begins at or near Wayside, Washington County, and extends to the Washington-Humphreys county line.

Mississippi 440 – Begins on Mississippi 19 in Section 2, Township 15 North, Range 5 East, thence easterly to intersect Mississippi 35 at Hesterville, all in Attala County.

Mississippi 442 – Begins at Mississippi 448 one mile east of Shaw, Sunflower County, thence in an easterly direction to Steiner, thence in a northerly direction to Linn, thence in an easterly direction to Doddsville and extends easterly to U.S. 49E near Schalter, Leflore County.

Mississippi 444 – Begins at Mississippi 1 at or near Round Lake in Bolivar County, thence easterly to intersect U.S. 61 at or near Duncan, Bolivar County.

Mississippi 446 – Begins at Mississippi 1 at or near Lobdell and extends east to U.S. 61 at or near Boyle, all in Bolivar County.

Mississippi 448 – Begins at or near Benoit, Bolivar County, and extends southeast to or near Shaw, thence in a southeasterly direction to join U.S. 82 at or near Indianola, Sunflower County.

Mississippi 450 – Begins at or near Scott on Mississippi 1 and runs in a southeasterly direction to Choctaw on U.S. 61, all in Bolivar County.

Mississippi 454 – Begins at or near the Mississippi River Bridge southwest of Greenville and extends east to Mississippi 1 north of Wayside, all in Washington County.

Mississippi 462 – Begins on U.S. 61, three miles north of Port Gibson, thence in a northerly direction to a point at or near Willows, being a part of road connecting U.S. 61 and Mississippi 27 formerly Mississippi 3, all in Claiborne County.

Mississippi 463 – Begins on Mississippi 22 at or near Livingston, thence southeasterly to U.S. 51 at or near Madison, all in Madison County.

Mississippi 465 – Begins at Mississippi 1 near Fitler, Issaquena County, thence southerly via Brunswick and Eagle Lake to U.S. 61 north of Redwood, Warren County.

Mississippi 467 – Begins at or near Edwards and extends southeast to or near Raymond, all in Hinds County.

Mississippi 468 – Begins three miles north of U.S. 80 on the Fannin Road thence south to U.S. 80, thence in a southeasterly direction to Whitfield, and thence in a northeasterly direction to or near Brandon, all in Rankin County.

Mississippi 469 – Begins on Mississippi 28 at or near Fork Church, Simpson County, thence northerly to Harrisville, Florence and extends northeasterly to intersect Mississippi 468, Rankin County.

Mississippi 471 – Begins at or near Brandon and extends in a northerly direction to Mississippi 25, thence from a point seven and five-tenths miles northeast on Mississippi 25 to intersect Sand Hill-Canton Road or Mississippi 43, all in Rankin County.

Mississippi 472 – Begins approximately two miles east of Hazlehurst, Copiah County, on Old Mississippi 28 near Shady Grove, thence in a southeasterly direction to Rockport; thence begins again in Section 23, Township 10 North, Range 21 West, Simpson County, thence in a northeasterly direction to Mississippi 28 at or near Pinola.

Mississippi 473 – Begins at a point on the Copiah-Hinds county line northeast of Crystal Springs, thence northerly to new U.S. 51 near Terry, Hinds County.

Mississippi 475 – Begins at a point on Mississippi 468 and extends in a northerly direction to I-20, thence northerly along the western boundary line of the Jackson Municipal Airport (Allen C. Thompson Field) to a point on Mississippi 25, all in Rankin County.

Mississippi 476 – Begins at or near Van Winkle and extends easterly to the west corporate limits of Jackson, as the corporate limits were in 1949, all in Hinds County.

Mississippi 477 – West Rankin Parkway (New Route)–Begins at Mississippi 25 in the City of Flowood, thence south to U.S. 80 at Pearson Road in the City of Pearl, all in Rankin County.

Mississippi 478 – Begins about three miles east of Rockport in Simpson County, and extends in an easterly direction to a point on Mississippi 43.

Mississippi 481 – Begins on Mississippi 43, Rankin County, and extends east to the Rankin-Scott county line to Morton, Pulaski, Trenton, Burns and intersects Mississippi 35, Smith County.

Mississippi 482 – Begins on Mississippi 16 east of Philadelphia where Sandtown Road leaves Mississippi 16, thence in a northeasterly direction to intersect with Mississippi 491 near Bogue Chitto Indian School; all in Neshoba County. Also begins on Mississippi 19 south of Philadelphia near the Neshoba County Hospital and extends in a northeasterly direction to intersect present Mississippi 482 about one and three-tenths miles north of its intersection with Mississippi 16. This route is now numbered Mississippi 894.

Mississippi 483 – Begins at a point on Mississippi 13 at Forkville, thence in a northwesterly direction to Ludlow, Scott County.

Mississippi 484 – Begins on Mississippi 488 west of Madden, Leake County, thence through the community of Wright’s Springs and thence easterly to the Neshoba county line at the intersection of Mississippi 488 and Mississippi 427.

Mississippi 485 – Begins on Mississippi 21, thence in a northeasterly direction to Mississippi 15 at Good Hope, Neshoba County.

Mississippi 486 – Begins on Mississippi 16 east of Philadelphia, thence southeasterly to the intersection of Mississippi 491, all in Neshoba County.

Mississippi 487 – Begins at or near Lena, Leake County, thence northeasterly to or near Tuscola and Carthage, thence in an easterly direction by Standing Pine, Rosebud and Salem, thence in a southeasterly direction to the intersection of Mississippi 21 at Sebastopol, Scott County.

Mississippi 488– Begins at or near Mississippi 35 at Carthage, Leake County, and extends to or near Madden, Laurel Hill, and to a point on Mississippi 21 approximately two miles west of Williamsville, Neshoba County.

Mississippi 489 – Begins at or near Lake, Scott County, and extends northeast to or near Conehatta to Union, Newton County.

Mississippi 490 – Begins at or near Noxapater, Winston County, thence in an easterly direction to intersect Mississippi 397, thence in a northeasterly direction by Old Fearn Springs Post Office to the Noxubee county line.

Mississippi 491 – Begins on Mississippi 19, approximately 200 yards south of the Neshoba-Newton county line, thence in a northerly direction to Mississippi 486 southwest of DeWeese and thence from Mississippi 16 at Cross Roads north to Mississippi 21 near the center of Section 22, Township 12 North, Range 13 East, Neshoba County.

Mississippi 492 – Begins at the intersection of Mississippi 487 at or near Tuscola, Leake County, and runs in an easterly direction to or near Walnut Grove and to the south boundary of Golden State Park and continues as Golden State Park Road until it reaches Mississippi 21. Then from a point on Mississippi 21 at or near Sebastopol to or near Union and ends at or near House School east of Mississippi 19, Neshoba County.

Mississippi 493 – Begins at or near Meridian, Lauderdale County, thence in a northerly direction to or near Bailey and Moscow, and ends on Mississippi 16 in Kemper County.

Mississippi 494 – Begins on Mississippi 15 at or near Union, Newton County, and extends southeast to or near Little Rock and Dufee to intersect Mississippi 19 at or near Hookston, Lauderdale County.

Mississippi 495 – Begins on Mississippi 493 at Bailey’s Store, in Lauderdale County, thence in a northerly direction to the Kemper county line, thence by Damacus School and intersection Mississippi 16 at or near Daw’s Store and from another point on Mississippi 16 at Daw’s Brothers Store, thence northerly to a point on Mississippi 397 approximately one and one-half miles south of Preston, Kemper County.

Mississippi 496 – Begins at the intersection of Mississippi 19 in Lauderdale County at Old Odom Store Place, thence in an easterly direction by way of Culpepper, thence to the Mississippi-Alabama state line, Lauderdale County.

Mississippi 498 – Begins at a point on U.S. 45 about 12 miles south of Scooba, Kemper County, thence in an easterly direction to Porterville.

Mississippi 500 – Begins with its intersection with Mississippi 13 at or near Lena, thence in a easterly direction to a local road at Frank Reeves’, thence in a northerly direction to Mississippi 487 at Tuscola, Leake County.

Mississippi 501 – Begins on Mississippi 18 approximately eight miles east of Raleigh and extends in a northerly direction to or near Pineville to U.S. 80 in Forest.

Mississippi 502 – Begins with its intersection with Mississippi 488 between Standing Pine and Free Trade, thence in an easterly direction by Springfield Baptist Church, Thaggards Clinic, Madden School and intersects Mississippi 488 at Madden Baptist Church in the Village of Madden, all in Leake County.

Mississippi 503 – Begins on Mississippi 528 at or near Heidelberg, Jasper County, thence in a northerly direction to Paulding, Hero, Hickory and ends at or near Decatur, Newton County.

Mississippi 504 – Begins on Mississippi 15 north of Jasper-Newton county line to Mississippi 503 at Hero, Jasper County.

Mississippi 505 – Begins at or near Roberts, Newton County, and extends north to U.S. 80 at or near Lawrence.

Mississippi 508 – Begins on U.S. 45 approximately six miles south of Waynesboro and runs southeasterly approximately three miles to Waynesboro Pine Tree Nursery, all in Wayne County.

Mississippi 510 – Begins on U.S. 45 at or near Shubuta in Wayne County, thence in an easterly direction to Matherville, thence in a southerly direction to the end of state maintenance, Wayne County.

Mississippi 511 – Begins at a point on Mississippi 18 at or near Quitman, Clarke County, thence in a southeasterly direction about seven and two-tenths miles, now known as the Quitman-Crandall Road in Clarke County.

Mississippi 512 – Begins on the Clarke-Jasper county line, thence easterly on the Old Paulding and Pachuta Road to Mississippi 18 at Pachuta, thence continues jointly with Mississippi 18 approximately two miles southeast of Pachuta, thence to U.S. 45 in Quitman, Clarke County.

Mississippi 513 – Begins on Mississippi 18 in the Town of Rose Hill, Jasper County, thence to Enterprise on U.S. 11 and extends southeasterly to or near Quitman, Clarke County.

Mississippi 514 – Begins at a point on Mississippi 513 in Enterprise, thence in an easterly direction to a point on U.S. 45 near the northeast corner of the southeast quarter of Section 20, Township 4 North, Range 16 East, all in Clarke County.

Mississippi 528 – Begins at or near Bay Springs and extends to U.S. 11 at or near Heidelberg, all in Jasper County.

Mississippi 529 – Begins with its intersection on U.S. 84 at or near Hebron community, thence in a northerly direction to Mississippi 28 at Gitano, Jones County.

Mississippi 531 – Begins on Mississippi 28 approximately one mile east of Taylorsville in Smith County, thence in a northeasterly direction to the intersection with Mississippi 18 approximately three miles west of Bay Springs, Jasper County.

Mississippi 532 – Begins at or near Mt. Olive, Covington County, and extends southeasterly via Hot Coffee, ending at U.S. 84 at or near Reddoch, Covington County.

Mississippi 533 – Begins where it intersects Mississippi 28 at or near Soso, Jones County, thence in a northerly direction along the Ridge Road to Mississippi 15 at or near Stringer, Jasper County.

Mississippi 535 – Begins at Seminary, thence in a northeasterly direction to a point on Mississippi 588, all in Covington County.

Mississippi 536 – Begins on Mississippi 15 in Section 12, Township 7 North, Range 11 West, in Jones County, and extending in a northerly and southeasterly direction to Mississippi 63 in Wayne County in Section 26, Township 7 North, Range 8 West.

Mississippi 537 – Begins at or near Laurel, Jones County, and extends northerly to the Jones-Jasper county line, thence northwesterly and southwesterly via Mossville to Mississippi 15, Jones County.

Mississippi 540 – Begins at the intersection of Mississippi 469 at Harrisville, Simpson County, and extends easterly to Old U.S. 49 and Mississippi 13 at or near Mendenhall, thence southeasterly to new U.S. 49, thence in a northerly and easterly direction to a point on Mississippi 541 at Roy Upton’s Store, thence northeasterly and easterly to intersect Mississippi 35 south of Raleigh, Smith County.

Mississippi 541 – Begins approximately five miles south of the Simpson county line in Jefferson Davis County, thence in a northerly direction to or near Magee, Martinville and to intersect Mississippi 18 southeast of Puckett, and from another point on Mississippi 18 at or near White Oak, thence in a northwesterly direction to intersect Mississippi 13 north of Puckett, Smith County.

Mississippi 545 – Begins at the intersection with Mississippi 28 in Simpson County, thence in a northerly direction for a distance of approximately two miles along the State Farm Road by and through the State Sanatorium Farm to a point of intersection with U.S. 49, all in Simpson County.

Mississippi 547 – Begins at or near Port Gibson, Claiborne County, and extends southeasterly via Pattison to or near Allen, thence from a point on Mississippi 28 at or near Allen and extending in an easterly direction to Copiah-Lincoln county line.

Mississippi 548 – Begins four miles east of Mississippi 18 at or near Hermanville, Claiborne County, thence easterly to the Claiborne-Copiah county line.

Mississippi 550 – Begins on Mississippi 28 at or near Union Church, Jefferson County, and extends southeasterly to or near Brookhaven, Lincoln County.

Mississippi 552 – Begins at the Mississippi River at or near the mouth of Bayou Pierre, Claiborne County, thence easterly then southerly on the Port Gibson-Alcorn University Road, and extends southerly to Alcorn State University, thence southeasterly to or near Lorman, thence in an easterly direction to Red Lick, thence near Blue Hill, and continues from McBride and intersects Mississippi 28 at Pleasant Hill, Jefferson County.

Mississippi 553 – Begins on U.S. 61 at or near Stanton, Adams County, and extends in a northerly direction to or near Church Hill, thence in an easterly direction to Fayette, thence in a northerly direction to Harriston, Jefferson County.

Mississippi 554 – Begins at or near Pine Ridge and extends to U.S. 61 at or near Selma, all in Adams County.

Mississippi 555 – Begins at the road junction in Section 50, Township 6 North, Range 2 West, and extends in a northwesterly direction to U.S. 61 south of Natchez and from another point in Natchez, northeasterly to Pine Ridge, and thence three and eight-tenths miles north to Old Pine Ridge School, all in Adams County.

Mississippi 556 – Begins on Mississippi 184 at or near Meadville, thence in a southeasterly direction to intersect U.S. 98, all in Franklin County.

Mississippi 558 – Begins west of I-55 and extends along Brookway Boulevard to U.S. 51, thence continues to Mississippi 184 (Monticello Street), all in Brookhaven, Lincoln County.

Mississippi 563 – Begins on U.S. 61 approximately three miles north of Woodville, thence to Wilkinson in a northeasterly direction to or near Crosby, all in Wilkinson County.

Mississippi 567 – Begins on Mississippi 24 at or near Liberty, Amite County, and runs in a northerly direction to U.S. 98 south of Bude, Franklin County, except that section from Butler’s Crossing, easterly to Zion Hill Baptist Church.

Mississippi 568 – Begins at the Mississippi-Louisiana state line in Amite County and extends in a northeasterly direction to or near Gillsburg and ends on U.S. 51 south of Magnolia, Pike County.

Mississippi 569 – Begins on Mississippi-Louisiana state line, Amite County, and extends in a northeasterly direction to Mississippi 48 at or near Beachwood, and from Mississippi 24 at or near Liberty in a northeasterly direction to Smithdale to intersect U.S. 98 at or near Auburn, Lincoln County.

Mississippi 570 – Begins on U.S. 98 in Franklin County, thence in a southeasterly direction to or near Smithdale and McComb, thence from a point on Mississippi 44 in McComb to or near Felders and to intersect Mississippi 44 at or near Pricedale, Pike County.

Mississippi 571 – Begins at a point approximately one mile east of Gillsburg on Mississippi 584 and runs in a southerly direction to connect with Louisiana 441, all in Amite County.

Mississippi 575 – Begins at Progress, thence northeasterly for a distance of approximately four miles to a point of intersection with Mississippi 48, all in Pike County.

Mississippi 583 – Begins at or near Brookhaven, Lincoln County, thence in a southeasterly direction through Enterprise and Ruth to intersect Mississippi 44 at Alton Brister’s Store, thence southeasterly to or near Tylertown, Walthall County.

Mississippi 584 – Begins at Liberty, Amite County, and runs in a southeasterly direction to or near Gillsburg, then to U.S. 51 at or near Osyka, Pike County.

Mississippi 585 – Begins on U.S. 98 east of Tylertown, thence in a northeasterly direction to intersect Mississippi 586 at or near Darbon, all in Walthall County.

Mississippi 586 – Begins at or near Darbon on Mississippi 585, thence in a southeasterly direction to U.S. 98 at or near Foxworth, Marion County.

Mississippi 587 – Begins on U.S. 98 at Foxworth, Marion County, thence northwesterly to Morgantown, Whitebluff, Tilton and Robinwood to connect with U.S. 84 in Monticello, Lawrence County.

Mississippi 588 – Begins on U.S. 84 approximately one mile east of Collins, Covington County, thence in an easterly direction to or near Ellisville, Jones County.

Mississippi 589 – Begins at a point on I-59 at or near Purvis, Lamar County, thence in a northwesterly direction to intersect U.S. 98, thence continues northerly to or near Sumrall, then north to U.S. 49 at or near Seminary, Covington County.

Mississippi 590 – Begins at a point on U.S. 49 at or near Seminary, Covington County, and extends in an easterly direction to a point on U.S. 11 at or near Ellisville, Jones County.

Mississippi 591 – Begins on Mississippi 570 at Felder’s Camp Ground, thence northerly approximately two-tenths mile, all in Pike County.

Mississippi 594 – Begins on Mississippi 63 south of Leakesville and runs easterly to the Mississippi-Alabama state line, all in Greene County.

Mississippi 598 – Begins on U.S. 49 at a point west of Sanford, continues in an easterly direction to another point at Sanford, all in Covington County.

Mississippi 601 – A central Harrison County connector from I-10 to U.S. 90 in the vicinity of Canal Road to the Mississippi State Port at Gulfport.

Mississippi 603 – Begins on Mississippi 43 at or near Kiln and extends in a northerly direction to or near Necaise, all in Hancock County.

Mississippi 604 – Begins on U.S. 90 at or near the Mississippi-Louisiana state line and extends in a northeasterly direction to the Picayune-Bay St. Louis Road near Westonia, all in Hancock County.

Mississippi 605 – Begins on U.S. 90 at Cowan Road in Gulfport, thence in a northerly direction along Cowan and Lorraine Roads to I-10, thence continuing to relocated/reconstructed Mississippi 67, northwest to relocated Mississippi 67 at or near U.S. 49, all in Harrison County.

Mississippi 606 – Begins at the southern end of the Beach Highway in Hancock County, thence in a northeasterly direction across U.S. 90 to the northern end of Beach Highway.

Mississippi 607 – Begins on U.S. 90 west of Bay St. Louis and runs in a westerly and northwesterly direction to I-10 south of N.A.S.A., thence from the intersection with unnumbered state highway at Santa Rosa north of N.A.S.A. to a point on I-59 at or near Nicholson, all in Hancock County.

Mississippi 609 – Begins on U.S. 90 in Ocean Springs, thence north to I-10 and thence from the north end of the bridge over Bayou Costapia and extends northerly along what is known as the Old Spanish Trail Highway to approximately three-tenths mile south of George-Jackson county line, all in Jackson County.

Mississippi 611 – Begins at the entrance to H. K. Porter Company, Inc., plant site in the Bayou Cassotte Industrial Area at Station 220-00, thence in a northerly direction for a distance of approximately four miles to intersect U.S. 90 at a point about one mile west of Kreole, thence westerly on U.S. 90 to intersect Chico Road, thence northerly on Chico Road and ends on Mississippi 613 south of Moss Point, all in Jackson County to be designated as Mississippi 613.

Mississippi 612 – Begins on Mississippi 613 at or near Hathaway’s Store, thence in an easterly direction to the Mississippi-Alabama state line, all in George County.

Mississippi 613 – Begins on U.S. 90 in Pascagoula, Jackson County, thence northerly via Call Town, Bigpoint, Hurley, Harleston and Agricola to Mississippi 198 at Lucedale, George County.

Mississippi 614 – Begins at Wade on Mississippi 63, thence in an easterly direction to or near Hurley, thence to the Mississippi-Alabama state line, all in Jackson County.

Mississippi 615 – An east Harrison County connector from U.S. 90 to I-10 to be located between the Cowan-Lorraine Road interchange and the I-110 interchange, thence northerly to relocated/reconstructed Mississippi 67.

Mississippi 617 – Begins at Litton Industries, Inc., between West Pascagoula River and East Pascagoula River in the City of Pascagoula and extends north to U.S. 90, all in Jackson County.

Mississippi 618– Mississippi 613 Spur–Begins on Mississippi 613 in Moss Point and extends east to U.S. 90 at Orange Grove, Jackson County.

Mississippi 619 – Spur – Extends south to Naval Station, also known as Singing River Island Causeway, all in Jackson County.

Mississippi 621 – Begins I-10 and extends in a northerly direction to North Swan Road ending on U.S. 49 at or near Lyman, all in Harrison County.

Mississippi 701 – Begins at the intersection of U.S. 78 with Mulberry Street in the Town of Potts Camp, thence southwesterly along Mulberry Street to Front Street, thence southeasterly along Front Street to Ash Street, thence northerly to Mississippi 178, all in Marshall County.

Mississippi 702– Mississippi 5 Spur – Begins on Mississippi 7 and extends east to Michigan City, Benton County.

Mississippi 703 – Begins at or near Byhalia Cemetery on Mississippi 178 in the north part of the City of Byhalia, thence runs southeasterly down Main Street to Hood’s Store on U.S. 78, all in Marshall County.

Mississippi 704 – Begins on Mississippi 7, thence in an easterly direction, approximately one-half mile to Lamar, Benton County.

Mississippi 705 – Loop – All in the Town of Hickory Flat off Mississippi 178 in Benton County.

Mississippi 706 – Spur – Begins on U.S. 49E and extends west to Sidon, Leflore County.

Mississippi 713– Mississippi 304 Spur – Extends southwesterly to or near Robinsonville, Tunica County, from Mississippi 304.

Mississippi 714– Mississippi 3 Spur – Begins on Mississippi 3 and extends west into Sledge, Quitman County.

Mississippi 716– Mississippi 315 Spur–Begins on Mississippi 315 thence west to Quitman-Tunica county line.

Mississippi 718– U.S. 51 Spur – Begins on U.S. 51 and extends west to Courtland, Panola County.

Mississippi 720 – I-55 Connection – Begins on I-55 and extends west to U.S. 51 between Courtland and Pope, Panola County.

Mississippi 722 – Spur – Begins on U.S. 51 and extends west to Pope, Panola County.

Mississippi 723 – Begins at a point on Mississippi 32 approximately eight miles northwest of Bruce, Calhoun County, runs north of Gulf Interstate Gas Pumping Station.

Mississippi 724– U.S. 51 Spur – Begins on U.S. 51 north of Oakland, Yalobusha County, and extends west into Enid, Tallahatchie County.

Mississippi 725–Mississippi 6 Spur–Begins on Mississippi 6 and extends north to Batesville, Panola County.

Mississippi 726– U.S. 49 Spur – Begins on U.S. 49 and extends south to Tutwiler, Tallahatchie County.

Mississippi 727– Mississippi 32 Connection – Begins on Mississippi 32, Tallahatchie County, and extends east to U.S. 51 in Oakland, Yalobusha County.

Mississippi 728– U.S. 49E Spur – Begins on U.S. 49E and extends east into Sumner, Tallahatchie County.

Mississippi 729 – Begins on U.S. 51 and extends northeasterly to I-55, all in Grenada County.

Mississippi 731– Mississippi 35 Connection – Begins on Mississippi 35 in South Kosciusko and extends north to Mississippi 12, all in Attala County.

Mississippi 732 – Begins on Mississippi 35 approximately three and one-half miles south of Charleston, thence runs in an easterly direction to Camp Tallaha, Tallahatchie County.

Mississippi 733 – Begins at the junction of Old Taylor-Oxford Road with Mississippi 328 near the railroad overpass southwest of Taylor and extends in a northerly direction approximately one mile to an intersection in Taylor, Lafayette County.

Mississippi 734 – Spur – Begins on U.S. 49E and extends east into Glendora, Tallahatchie County.

Mississippi 735– Mississippi 12 Loop – Begins on Mississippi 12 and extends east and north to Mississippi 12 in Kosciusko, Attala County.

Mississippi 736 – Begins on Mississippi 35 south of the Yockanookany River, then runs easterly through Williamsville to Mississippi 14, all in Attala County.

Mississippi 737 –Begins on Mississippi 178 at or near Red Banks, thence through the business district of Red Banks and ends on Mississippi 178, all in Marshall County.

Mississippi 738– Mississippi 6 Connection–Begins on Mississippi 6 and extends west to Mississippi 334 in East Oxford, Lafayette County.

Mississippi 739 – Loop – Begins on Mississippi 12 and extends east and north through Ethel, Attala County, to Mississippi 12.

Mississippi 741 – Begins at a point at or near Gilliland Hill approximately five miles south of the corporate limits of the City of Kosciusko, Mississippi, thence runs in an easterly direction to Old Mississippi 35, thence in a northerly direction to Texas Eastern Pumping Station, all in Attala County.

Mississippi 743 – Spur – Begins on U.S. 82 in South Greenwood at U.S. 49E and extends north, all in Leflore County.

Mississippi 744 – Spur – Begins on U.S. 82 in East Greenwood and extends west on East Stone Street, all in Leflore County.

Mississippi 745– Mississippi 182 Connection – Begins on Mississippi 182 and extends southeast to Mississippi 413 in the Town of Kilmichael, all in Montgomery County.

Mississippi 747 – That portion of Getwell Road from the Mississippi-Tennessee state line south to its intersection with Church Road, all in DeSoto County.

Mississippi 758– Mississippi 25 Connection–Begins on Mississippi 25 and extends southwest .310 mile to a local road.

Mississippi 759– Mississippi 12 Loop – Begins on Mississippi 12 and extends east and north to Mississippi 12 through Ackerman, all in Choctaw County.

Mississippi 760– Mississippi 25 Connection – Begins on Mississippi 25 south of Belmont and extends east to Golden as Mississippi 366, all in Tishomingo County.

Mississippi 761– Mississippi 178 Spur – Begins on Mississippi 178 and extends north to Myrtle, all in Union County.

Mississippi 762– Mississippi 15 Spur – Begins on Mississippi 15 and extends west to Ingomar, Union County.

Mississippi 763– U.S. 82 Connection – Begins on U.S. 82 and extends northwest to Mississippi 15 in Maben, Oktibbeha County.

Mississippi 764– Mississippi 9 Spur – Begins on Mississippi 9 in Blue Springs, Union County, and extends north.

Mississippi 765 – Begins at the Natchez Trace Parkway, runs thence easterly for a distance of approximately 2,800 feet to or near Bland’s Store, in the Village of Cumberland, all in Webster County.

Mississippi 766 – Begins in the Town of Saltillo at Mississippi 363, and runs in a northerly direction to the intersection of Mississippi 145, all in Lee County.

Mississippi 767 – Begins at the intersection of Ridgeroad and Mississippi 25, Tishomingo County, thence southeasterly along Ridgeroad to the Mississippi-Alabama state line, Itawamba County.

Mississippi 768 – Begins on Mississippi 15 south of Ackerman, thence in an easterly direction past Choctaw Lake to the 4-H Club Picnic Grounds. This includes a spur past the clubhouse and ends at the picnic grounds, all in Choctaw County.

Mississippi 769 – Begins at or near the south corporate limits of Tupelo and extends over Old U.S. 45, proceeds to Green Street in Tupelo, through Tupelo on Green Street to the intersection of Green Street and Mississippi 145 near the north corporate limits of Tupelo, all in Lee County.

Mississippi 770 – Connection – Begins on Mississippi 15 and extends west to the intersection of Mississippi 6 and 9 in the Town of Pontotoc, all in Pontotoc County.

Mississippi 772– Mississippi 15 Spur – Begins on Mississippi 15 and extends west to Algoma, Pontotoc County.

Mississippi 773 –Commences at the intersection of Center Road and Mississippi 2 and extends northeasterly along Center Road for about two miles to its intersection with Peoples Farm to Market Road, all in Tippah County.

Mississippi 774– U.S. 45 Connection – Begins on U.S. 45 and extends east to Mississippi 6 in the Town of Nettleton, Lee/Monroe County.

Mississippi 775– Mississippi 12 Spur – Begins on Mississippi 12 and extends east at Mississippi State University in Starkville on Old Mississippi 12, all in Oktibbeha County.

Mississippi 776 – Begins at the intersection of Old Mississippi 6 and new Mississippi 6, thence runs northeast along Old Mississippi 6 to its intersection with Mississippi 371, all in Monroe County.

Mississippi 777 – Begins at or near the southern boundary of the Town of Walnut at or near the intersection of old and new Mississippi 15, follows the route of Old Mississippi 15, and runs through the business section of Walnut and in a northerly direction to intersect U.S. 72, all in Tippah County.

Mississippi 778 – Begins at U.S. 78 in Section 22, Township 8 South, Range 4 East, thence in a southeasterly direction in the vicinity of Old U.S. 78 to intersect U.S. 78, or Mississippi 9, at or near Sherman.

Mississippi 779 – Spur – Begins on U.S. 72 and extends north to Glen, Alcorn County.

Mississippi 781– Mississippi 50 Spur – Begins on Mississippi 50 near Cedar Bluff and extends to State Lime Plant, all in Clay County.

Mississippi 782– Mississippi 15 Connection–Begins on Mississippi 15 and extends west in Mantee, Webster County.

Mississippi 784– Mississippi 9 Loop – Begins on Mississippi 9 and extends east and north across Mississippi 50 and back to Mississippi 9 in the Town of Walthall, Webster County.

Mississippi 785– U.S. 72 Spur – Begins on U.S. 72 in Corinth and extends north on Davis Street and Cass Street to Wick Street, all in Alcorn County.

Mississippi 786 – Begins at a point on U.S. 45, and runs west at distance of approximately 1.27 miles to the Columbus Air Force Base, all in Lowndes County.

Mississippi 788– U.S. 45A Spur – Begins on U.S. 45A and extends east to Artesia, Lowndes County.

Mississippi 789 – Begins on U.S. 82 and extends southeasterly along Airport Road and Industrial Park Road to Artesia Road, thence northeasterly along Artesia Road to U.S. 45.

Mississippi 790– Mississippi 9 Connection – Begins on Mississippi 9 and extends northeast to Mississippi 15 north of Ackerman, Choctaw County.

Mississippi 792 – Begins on U.S. 45 and extends easterly along Carson Road, for a distance of approximately four and one-half miles to the new Weyerhauser Road, Lowndes County, thence continues south to Mississippi 388 in Noxubee County.

Mississippi 793– Mississippi 30 Spur – Begins on Mississippi 30 west of Tishomingo and extends north to Paden, Tishomingo County.

Mississippi 795 – Mississippi Economic and Community Development Highway Project No. DECD-0044(19)B located from Eka Chemical Plant entrance on Nashville Ferry Road located in Section 11, Township 19 South, Range 18 West, northerly along Nashville Ferry Road until it intersects with Pickensville Road, thence northerly along Pickensville Road (existing and relocated) until it intersects with Yorkville Road, thence east along Yorkville Road to U.S. 69 located in Section 26, Township 18 South, Range 18 West, for a total length of 4.419 miles.

Mississippi 801 – Begins on Mississippi 27 north of Crystal Springs, Copiah County, thence north to Copiah-Hinds county line. This was Old U.S. 51.

Mississippi 802– U.S. 61 Spur – Begins on U.S. 61 and extends northwest into the Town of Alligator, Bolivar County.

Mississippi 804– Mississippi 1 Loop – A loop on Mississippi 1 at Gunnison, Bolivar County.

Mississippi 806 – Begins at the intersection of the south end of new U.S. 49W bypass just south of Isola, thence into Isola to the north end of U.S. 49 bypass, Humphreys County.

Mississippi 808 – Begins on U.S. 61 in Port Gibson, thence west to Market Street, thence in a northeasterly direction along Market Street, thence to U.S. 61 approximately three-fourths mile north of Port Gibson, all in Claiborne County.

Mississippi 809 – Industrial access road from the port and industrial area to U.S. 82 in Greenville, Washington County.

Mississippi 810 – Spur – Begins on U.S. 49W and extends west to Sunflower, Sunflower County.

Mississippi 812 – Spur – Begins on U.S. 49W and extends north into Ruleville, Sunflower County.

Mississippi 814 – Begins on Mississippi 1 north of Greenville and extends south to north corporate limits of Greenville as Old Mississippi 1 Business Route, thence extends along North Broadway Street in a southerly direction, to the intersection of U.S. 82 and the south corporate limits of Greenville, thence runs easterly to Mississippi 1, all in Washington County.

Mississippi 816– Mississippi 149 Spur – Begins on Mississippi 149 and extends west to Inverness, Sunflower County.

Mississippi 817– Mississippi 8 Spur – Begins at Pace and extends north to Mississippi 8, all in Bolivar County.

Mississippi 818– U.S. 49E Spur – Begins on U.S. 49E and extends west to Cruger, Holmes County.

Mississippi 819 – Begins on Mississippi 548 in Hermanville, thence extends northward to Mississippi 18 at Hermanville, Claiborne County.

Mississippi 820 – Spur – Begins on U.S. 49W and extends west to Drew, Sunflower County.

Mississippi 822 – Begins four-tenths mile west of the intersection of I-20 and U.S. 80 on West Street and extends east approximately six and two-tenths miles, all in Warren County.

Mississippi 824– U.S. 61 Spur – Begins on U.S. 61 and extends west in Anguilla, Sharkey County.

Mississippi 826 – Begins at a point on Mississippi 14 approximately one mile west of Rolling Fork and runs south to U.S. 61 south of Rolling Fork, all in Sharkey County.

Mississippi 828– U.S. 49E Spur – Begins on U.S. 49E and extends west to Yazoo City, Yazoo County.

Mississippi 830– U.S. 49 Loop – Begins on U.S. 49 and extends east and north to U.S. 49 at and in Bentonia, Yazoo County.

Mississippi 832 – Connection – Begins on U.S. 49W and extends into Doddsville, Sunflower County.

Mississippi 834 – A truck route from Harbor Industrial Park to U.S. 61 north, Warren County.

Mississippi 835 – Spur – Begins on U.S. 49E and extends north to Tchula, Holmes County.

Mississippi 844– U.S. 51 Loop – Begins at I-55 south of Crystal Springs and extends east across U.S. 51 and north to U.S. 51 in Crystal Springs, all in Copiah County.

Mississippi 848 – Spur – Begins on U.S. 51 in Beauregard and extends south on North Street, all in Copiah County.

Mississippi 850 – A route from the Wesson Campus of Copiah-Lincoln Junior College directly to U.S. 51, all in Copiah County.

Mississippi 852– U.S. 45A Loop – Begins on U.S. 45A in Brooksville and extends south and east to U.S. 45 at Brooksville, all in Noxubee County.

Mississippi 853 – Begins at the point where Mississippi 16 intersects the gravel road and runs along Sections 35 and 36, Township 11 North, Range 12 East, Neshoba County, and runs south along the section lines between Sections 35 and 36 and between Sections 1 and 2, Township 10 North, Range 12 East, to the intersection of the gravel road with Mississippi 486, all in Neshoba County.

Mississippi 854 – Begins at its intersection with Mississippi 39 at or near Lizelia and extends easterly approximately three and one-half miles to the United States Naval Auxiliary Air Station, Lauderdale County. The Transportation Commission shall maintain, construct, take over and assume jurisdiction of such highway in the same manner and subject to the same conditions as set out in Sections 65-1-75 and 65-3-3. Such highway shall remain under the jurisdiction of the Transportation Commission for as long as the highway is used to provide access to the United States Naval Auxiliary Air Station or to any other United States government facility.

Mississippi 855– Mississippi 890 Connection – Between Mississippi 890 in Bolton and I-20 north of Bolton, Hinds County.

Mississippi 878– Mississippi 35 Connection – Begins on Mississippi 35 and extends east and north to Mississippi 35 in Walnut Grove, Leake County.

Mississippi 881– U.S. 80 Connection – Begins on U.S. 80 west of Newton and extends southeast approximately two-tenths mile, all in Newton County.

Mississippi 882 – Loop – Begins on Mississippi 35 and extends west and north to Mississippi 35 at Harperville, Scott County.

Mississippi 883 – Spur – Begins on U.S. 80 and extends south on Decatur Street, Newton County. Was Old Mississippi 15.

Mississippi 884– U.S. 45 Spur – Begins on U.S. 45 and extends south toward Marion, Lauderdale County.

Mississippi 885– Mississippi 16 Connection – Begins on Mississippi 16 west of Philadelphia and extends northwest to intersect with Mississippi 15, all in Neshoba County.

Mississippi 886 – Begins at the intersection of I-55 in the Town of Ridgeland thence runs in an easterly direction to U.S. 51 and Jackson Avenue, all in Madison County.

Mississippi 888– Mississippi 13 Spur – Begins on Mississippi 13 and extends west at Roosevelt State Park south of Morton, Scott County.

Mississippi 889 – I-20 Connection – Begins at the junction of U.S. 80 and Adams Street in Chunky, thence north to I-20, all in Newton County.

Mississippi 890– U.S. 80 Connection – Frontage Road Connection at Bolton, Hinds County.

Mississippi 892– Mississippi 35 Spur – Begins on Mississippi 35 and extends east to Homewood, Scott County.

Mississippi 894 – Begins on Mississippi 19 south of Philadelphia near the Neshoba County Hospital and extends in a northeasterly direction to intersect present Mississippi 482 about one and three-tenths miles north of its intersection with Mississippi 16.

Mississippi 895 – Begins at road intersection with U.S. 11 and 80 near the center of Section 26, Township 7 North, Range 17 East, thence northwesterly, northeasterly and southeasterly through Sections 23, 24, 25 and 26 to intersection of U.S. 11 and U.S. 80 in the northeast quarter of the southeast quarter of Section 25, Township 7 North, Range 17 East, Lauderdale County.

Mississippi 897 – Begins on Mississippi 496 in Section 11 and continues through Section 13, all in Township 6 North, Range 18 East, to the Mississippi-Alabama state line.

Mississippi 902– Mississippi 35 Connection – Begins on Mississippi 35 at Lorena and extends southwest to Mississippi 481 at Burns, all in Smith County.

Mississippi 903 – Begins on U.S. 84 approximately three miles west of Monticello, thence runs in a northerly direction to Lake Mary Crawford, all in Lawrence County.

Mississippi 904 – Begins at Lake Lincoln Road, Lincoln County, proceeds easterly to Mississippi 27 at or near Wanilla, Lawrence County.

Mississippi 905 – Begins at the intersection of Adams Road with U.S. 51, thence west to Wardlaw Road, and thence continues north to Mississippi 24, all in Pike County.

Mississippi 906 – Begins on U.S. 51 in Summit and runs in an easterly direction to intersect Mississippi 570, all in Pike County.

Mississippi 908 – A route providing direct access from the interchange at I-55 at or near Summit to Southwest Community College, all in Pike County.

Mississippi 911 – Begins on Mississippi 24, now Mississippi 33 in South Gloster, and extends northwest on Kahnville Road, Amite County.

Mississippi 913 – Spur – Begins on Mississippi 24, now Mississippi 33 in East Gloster, and extends west to Liberty Road, Amite County.

Mississippi 915– Mississippi 42 and Mississippi 43 Connection – Begins on Jones Street and runs between Mississippi 43 and Mississippi 42, in the Town of New Hebron, Lawrence County.

Mississippi 917– Mississippi 18 Loop – Begins at the intersection of Mississippi 18 at or near the Sylvarena Masonic Lodge and makes what is known as the Sylvarena Loop, coming back into Mississippi 18 at or near the residence of Will Houston, all in Smith County.

Mississippi 923– Mississippi 584 Spur – Begins on Mississippi 584 in the southeast corner of Amite County east of Gillsburg and extends southeast to the Louisiana-Mississippi state line.

Mississippi 927 – Spur – Begins on Mississippi 906 east of Summit and extends north to Southwest Community College, Pike County.

Mississippi 928– U.S. 65 Spur – Begins on U.S. 65 in Natchez and extends north on Homochitto Street, Adams County.

Mississippi 930 and 932 – Begin on U.S. 61 North in Adams County, in the vicinity of the weighing scales and proceed therefrom to the intersection of Melrose Avenue and East Franklin Street.

Mississippi 937– U.S. 84 Spur – Begins on U.S. 84 in south Prentiss and extends north on Columbia Avenue to the railroad crossing, all in Jefferson Davis County.

Mississippi 938 – Begins at the northwest corner of new Mississippi Transportation Department District Office site and extends easterly to U.S. 51 approximately forty-five one-hundredths mile north of the north corporate limits of the City of McComb, Pike County.

Mississippi 946– Mississippi 24 Spur – Begins on Mississippi 24, now Mississippi 33, Amite County, and extends northwest to Centreville, Wilkinson County.

Mississippi 952– Mississippi 513 Spur – Begins on Mississippi 513 and extends north to U.S. 11 in Enterprise, Clarke County.

Mississippi 967– U.S. 49 Spur – Begins on Mississippi 42 in north Hattiesburg and extends south on Main Street, all in Forrest County.

Mississippi 969 – Spur – Begins on U.S. 49 approximately 2.84 miles south of U.S. 11, and extends north on Edwards Street approximately .83 miles, all in Hattiesburg, Forrest County.

Mississippi 992– Mississippi 43 Spur – Begins on Mississippi 43 northwest of Picayune and extends south to Picayune, Pearl River County.

HISTORY: Codes, 1930, §§ 4996, 4997; 1942, § 8021; Laws, 1930, ch. 216; Laws, 1934, ch. 396; Laws, 1948, ch. 332, § 7; Laws, 1949, Ex ch. 6, § 2; Laws, 1956, ch. 318; Laws, 1957, Ex Sess ch. 15; Laws, 1958, chs. 385, 409, 422; Laws, 1960, ch. 363; Laws, 1962, chs. 423, 428; Laws, 1963, 1st Ex Sess ch. 19; Laws, 1966, ch. 486, § 1; ch. 511; Laws, 1968, § 1; ch. 462, § 2, ch. 464; Laws, 1969 Ex Sess ch. 44; repealed, Laws, 1981, ch. 464, § 32; reenacted without change Laws, 1985, ch. 537, § 8; reenacted without change, Laws, 1987, ch. 510, § 1; Laws, 2000, ch. 574, § 9; Laws, 2002, ch. 433, § 1; Laws, 2012, ch. 539, § 2, eff from and after July 1, 2012.

Editor’s Notes —

Laws of 1957, Ex. ch. 15, § 2, provides as follows:

“SECTION 2. This act shall not be construed to repeal, amend or alter in any way any of the provisions contained in chapter 207 of laws of 1954.”

Laws of 1958, ch. 310, designated U. S. Highway 61, commencing at the Mississippi-Tennessee state line and continuing to Redwood, as the Fielding L. Wright Memorial Highway.

Laws of 1958, ch. 401 designated Mississippi State Highway No. 450 in Bolivar County, running from Mississippi State Highway No. 1 at Scott to U. S. Highway 61 at Choctaw, as the Oscar Johnston Memorial Highway.

Laws of 1963, 1st Ex. Session, ch. 19, § 2, provides, as follows:

“SECTION 2. Mississippi 43 as designated under Section 8021, Mississippi Code of 1942, Recompiled, Item 37, shall continue to be maintained by the highway department from U. S. 90 to Picayune until Mississippi No. 43, redesignated, from Mississippi 603 to Picayune is completed or until maintenance of this section of Mississippi No. 43 is assumed by other authority.”

Laws of 1981, ch. 464, § 32, provided that this section would stand repealed from and after July 1, 1985. Subsequently, this section was reenacted without change by Laws of 1985, ch. 537, § 8, effective from and after July 1, 1985, and, by terms of § 28 of ch. 537, would stand repealed from and after July 1, 1987. Thereafter, this section was again reenacted without change by Laws of 1987, ch. 510, § 1, effective July 1, 1987, and, by the terms of § 21 of 1987 ch. 510, shall stand repealed from and after July 1, 1989. Subsequently, Laws of 1989, ch. 317, § 1, amended § 21 of Laws of 1987, ch. 510, by extending the repeal date from July 1, 1989, to July 1, 1993. Finally, Laws of 1993, ch. 357, § 1, repealed Laws of 1981, ch. 464, § 32, Laws of 1985, ch. 537, § 28, Laws of 1987, ch. 510, § 21, and Laws of 1989, ch. 317, § 1.

Amendment Notes —

The 2012 amendment substituted “at its intersection with Mississippi 25 north of Amory” for “at or near Amory” in the paragraph designated as “Mississippi 6.”

Cross References —

Interstate Compact to Promote Four Lanes for U.S. Highway 82, see §§65-3-301 et seq.

Addition to the state highway system of highways constructed or improved under the state economic development highway act, see 65-4-17.

OPINIONS OF THE ATTORNEY GENERAL

As to a designated U.S. Highway pursuant to §65-3-3, segments longer than three miles cannot be removed from the jurisdiction and maintenance of the Mississippi Department of Transportation pursuant to §65-1-59. Shepard, Jan. 25, 2002, A.G. Op. #02-0008.

The Mississippi Department of Transportation (MDOT) has the duty to maintain portion of Highway 465 which is a substandard road on a levee until such time as the legislature removes it from the state highway system or enacts legislation which otherwise ends the responsibility of MDOT to maintain it. The Mississippi Highway Patrol is required to enforce traffic laws on Highway 465 as provided in Section 45-3-21. Pace, Aug. 7, 2006, A.G. Op. 06-0285.

JUDICIAL DECISIONS

1. In general.

Where the board of supervisors accepted an offer of the Mississippi State Highway Commission to assume jurisdiction of highway (except drainage structures), and then thereafter also accepted an offer to assume jurisdiction of highways except bridges not up to state standards, the second acceptance was a clarification of the first and was effective notwithstanding the passage of statute which provided for preservation of status quo of all highways taken over by the department. Board of Sup'rs v. Mississippi State Highway Com., 221 Miss. 96, 72 So. 2d 237, 1954 Miss. LEXIS 516 (Miss. 1954).

Statutes conferring upon the state highway commission the power of eminent domain do not limit the power to the taking of such property as is needed or necessary, inasmuch as the effect of this legislation is to vest the broad discretion in the highway commission in selecting its routes and other details. Erwin v. Mississippi State Highway Com., 213 Miss. 885, 58 So. 2d 52, 1952 Miss. LEXIS 438 (Miss. 1952).

Where a county entered an order to alter and widen a public road which traversed the lands of appellants, the county had jurisdiction notwithstanding the fact that the road had been taken over for maintenance and construction by the state highway department by an order of the state highway commission, where commission’s order would not be effective until certain conditions were met. McRaney v. Covington County, 210 Miss. 192, 49 So. 2d 248, 1950 Miss. LEXIS 336 (Miss. 1950).

Where a state highway department, pursuant to Laws 1924, ch. 278, took over certain road in Prentiss County, excepting “all drainage structures not built according to the state standard plans and specifications,” and thereafter order was changed to substitute “bridges” for “drainage structures,” state highway had no jurisdiction over two bridges which did not comply with the standard, and, therefore, was under no obligation to rebuild them after their destruction by flood waters. Board of Sup'rs v. Mississippi State Highway Com., 207 Miss. 839, 42 So. 2d 802, 1949 Miss. LEXIS 394 (Miss. 1949).

Action in mandamus by attorney general to compel board of supervisors to repair a bridge on Highway No. 7 could not be maintained where there was no allegation that the board had failed to provide and maintain a bridge adequate for travel in lieu of the collapsed bridge, and the court had no power or authority to tell the board of supervisors in specific terms what kind of a bridge it should maintain at the location in question. State ex rel. Attorney Gen. v. Board of Supervisors, 196 Miss. 806, 17 So. 2d 433, 1944 Miss. LEXIS 258 (Miss. 1944).

Where the previous applicable statute (Laws 1924, chap. 278), at the time the state highway commission took over a county road under an agreement to maintain it without expense to the county, contained no provision authorizing the commission to obligate itself by any such contract, subsequent abandonment and surrender to the county of a portion of such road so taken over did not constitute an impairment of the obligation of a contract. Wilkinson County v. State Highway Com., 191 Miss. 750, 4 So. 2d 298, 1941 Miss. LEXIS 187 (Miss. 1941).

Statutes respecting highway system do not require that State Highway No. 51 follow existing roads between points mentioned in statute. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

Bridge spanning natural stream crossing highway was not a “drainage structure” within highway department’s acceptance of county road which excepted drainage structures not built according to department’s standard plans and specifications. Jefferson Davis County v. Riley, 158 Miss. 473, 129 So. 324, 1930 Miss. LEXIS 14 (Miss. 1930).

§§ 65-3-5 through 65-3-27. Repealed.

Repealed by Laws, 2000, ch. 574, § 11, eff from and after passage (approved May 20, 2000).

§65-3-5. [Codes, 1942, § 8021.5; Laws, 1954, ch. 298, §§ 1-3 (¶¶ 1-3); Laws, 1956, chs. 316, 317, 319; Laws, 1958, chs. 384, 386, 389, 408; Laws, 1962, 2d Ex. Sess. ch. 23; Laws, 1964, ch. 462; Laws, 1966, ch. 517; Laws, 1968, chs. 461, 462, § 1; Laws, 1969, Ex. Sess., ch. 42; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 9; reenacted without change, 1987, ch. 510, § 2, eff from and after July 1, 1987]

§65-3-7. [Codes, 1942, § 8021.6; Laws, 1956, ch. 311, §§ 1-3; Laws, 1958, chs. 380, 383, 420, § 1, 421, § 1, 423; Laws, 1960, ch. 364, § 5; Laws, 1962, chs. 421, 422, 425, 432; Laws, 1966, chs. 510, § 1, 516; Laws, 1968, chs. 457, 459, 461, 465; Laws, 1969, Ex Sess, ch. 41; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 10; reenacted without change, 1987, ch. 510, § 3, eff from and after July 1, 1987]

§65-3-9. [Codes, 1942, § 8021.65; Laws, 1955, Ex. Sess. chs. 70-72, 75-79, 81-90; Laws, 1958, ch. 381; Laws, 1962, ch. 442; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 11; reenacted without change, 1987, ch. 510, § 4, eff from and after July 1, 1987]

§65-3-11. [Codes, 1942, § 8021.66; Laws, 1958, chs. 387, §§ 1-3, 390-393, §§ 1-3, 395-397, §§ 1-3, 399, §§ 1-4, 400, §§ 1-3, 402-407, §§ 1-3, 410, §§ 1-3, 412-419, §§ 1-3, 424-428, §§ 1-3, 430, §§ 1-3, 431, §§ 1-3; Laws, 1959, Ex. Sess. ch. 32; Laws, 1960, ch. 364, § 6; Laws, 1968, ch. 463; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 12; reenacted without change, 1987, ch. 510, § 5, eff from and after July 1, 1987]

§65-3-13. [Codes, 1942, § 8021.67; Laws, 1960, ch. 364, §§ 1-4; Laws, 1962, chs. 420, § 1, 440; Laws, 1966, Ex. Sess. ch. 36. Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 13; reenacted without change, 1987, ch. 510, § 6, eff from and after July 1, 1987]

§65-3-15. [Codes, 1942, § 8021.68; Laws, 1962, chs. 420-422, 425, 426, 428, 429, §§ 1-4, 431, 433, §§ 1-4, 434, 435, §§ 1-4, 436, 437, 438, §§ 1-4, 439, 442, 443, §§ 1-4, 444, §§ 1-4; Laws, 1966, ch. 503, § 1; Laws, 1968, ch. 515; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 14; reenacted without change, 1987, ch. 510, § 7, eff from and after July 1, 1987]

§65-3-17. [Codes, 1942, § 8021.69; Laws, 1962, 2d Ex. Sess. ch. 24; Laws, 1963, 1st Ex. Sess. chs. 17, 18; Laws, 1964, chs. 461, 462, 463, 464, 465; Laws, 1966, ch. 507, § 1; Laws, 1969, Ex. Sess. ch. 40; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 15; reenacted without change, 1987, ch. 510, § 8, eff from and after July 1, 1987]

§65-3-19. [Codes, 1942, § 8021.691; Laws, 1966, chs. 487, §§ 1-4, 502, §§ 1, 2, 503, § 1, 504, § 1, 508, § 1, 510, § 1, 511, § 1, 512, §§ 1, 2, 513, § 1, 514, § 1, 515, § 1, 517, §§ 1, 2, 518, §§ 1, 2; Laws, 1966, Ex. Sess. chs. 35, 36, 37, 39; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 16; reenacted without change, 1987, ch. 510, § 9, eff from and after July 1, 1987]

§65-3-21. [Codes, 1942, § 8021.692; Laws, 1968, chs. 455, 456, 457, 458, 459, 460, 461, 463, 464, 465]

§65-3-23. [Codes, 1942, § 8021.69,3; Laws, 1969, Ex. Sess. chs. 40, 41, 42, 43, 44, 45, 46, 47; Laws, 1970, chs. 431-436; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 17; reenacted without change, 1987, ch. 510, § 10, eff from and after July 1, 1987]

§65-3-25. [Codes, 1942, § 8021.694; Laws, 1971, ch. 425, §§ 1, 2, and 3; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 18; reenacted without change, 1987, ch. 510, § 11, eff from and after July 1, 1987]

§65-3-27. [Codes, 1942, § 8021.7; Laws, 1954, Ex. Sess. ch. 35]

Editor’s Notes —

Former §§65-3-5 through 65-3-27 added and deleted certain highway segments to and from the designated state highway system.

§ 65-3-8. No citation for violation of revised allowable weight limits for bridges until twenty-four hours after posting of sign indicating revised limits.

When the Mississippi Department of Transportation designates a bridge as failing to meet the design, standard, sufficiency rating or any other criteria required for allowing certain weight limits on that specific bridge and revises the allowable weight limits for that bridge, no citation may be issued to the driver of a vehicle for violations of the revised weight limits for that bridge until twenty-four (24) hours have elapsed from the completion of the installation of a sign posted on or near the bridge indicating that the allowable weight limits applicable to that bridge have been revised.

HISTORY: Laws, 2009, ch. 554, § 3, eff from and after July 1, 2009.

§§ 65-3-29 through 65-3-31. Repealed.

Repealed by Laws 1981, ch. 464, § 26, eff from and after July 1, 1981.

§65-3-29. [Codes, 1942, § 8022-01; Laws, 1968, ch. 453, § 1]

§65-3-31. [Codes, 1942, § 8022-02; Laws, 1968, ch. 453, § 2]

Editor’s Notes —

Former §65-3-29 related to the designation of a four-lane super-highway system. For similar provisions see §65-3-97 and §§65-3-301 et seq.

Former §65-3-31 provided for additional four-lane highways to connect with interstate and primary systems. For similar provisions, see §65-3-97 and §§65-3-301 et seq.

§ 65-3-33. Repealed.

Repealed by Laws, 2000, ch. 574, § 11, eff from and after passage (May 20, 2000).

[Codes, 1942, § 8022-03; Laws, 1968, ch. 453, § 3; Laws, 1972, ch. 309; repealed, Laws, 1981, ch. 464, § 32; reenacted, Laws, 1985, ch. 537, § 19; reenacted without change, Laws, 1987, ch. 510, § 12, eff from and after July 1, 1987]

Editor’s Notes —

Former §65-3-33 was entitled “Improvement of certain presently designated state highways.”

§ 65-3-34. Additional lanes along Mississippi Highway 552 in Jefferson and Claiborne Counties.

The Mississippi Department of Transportation shall construct and reconstruct to department design standards four (4) lanes for traffic on and along Mississippi Highway 552 in Jefferson and Claiborne Counties beginning at its intersection with United States Highway 61 in Jefferson County and extending to Alcorn State University in Claiborne County. The Transportation Department shall also construct an interchange at the intersection of newly constructed Mississippi Highway 552 and United States Highway 61. Such highway and interchange shall be under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance and, together with the highways designated in Sections 65-3-3 and 65-3-5, and all other laws adding links to the state designated highway system, are declared to be the State Highway System of Mississippi.

HISTORY: Laws, 1994, ch. 485, § 1, eff from and after July 1, 1994.

Editor’s Notes —

Section 65-3-5 referred to in this section was repealed by Laws, 2000, ch. 574, § 11, eff from and after May 20, 2000.

§ 65-3-35. Certain highways designated as scenic route.

The following links of highways located in the State of Mississippi are hereby designated as a scenic route:

U.S. Highway 61 at Woodville, in Wilkinson County, Mississippi, thence to Natchez, in Adams County, thence to Fayette, in Jefferson County, thence to Port Gibson, in Claiborne County, thence across the new Highway 61 Bridge, spanning Bayou Pierre, which shall be known and is hereby designated as the Irwin Russell Memorial Bridge, and which shall be so marked and designated, and from thence to Vicksburg, in Warren County, Mississippi, and running to Redwood, in Warren County, Mississippi; Mississippi Highway No. 3 beginning at point of intersection with U.S. Highway 61, north of Redwood, and running north to Yazoo City, in Yazoo County, Mississippi; U.S. Highway 49-E beginning at Yazoo City in Yazoo County, Mississippi, running north to Greenwood in Leflore County, Mississippi; Mississippi Highway No. 7 beginning at a point at or near Greenwood where same intersects U.S. Highway 49-E, running in a northeasterly direction to Grenada, in Grenada County, Mississippi; Mississippi Highway No. 7, where same intersects U.S. Highway No. 51 north of Grenada, and running north through Water Valley, in Yalobusha County, Oxford, in Lafayette County, Holly Springs, in Marshall County, and north from Holly Springs to the Tennessee-state line north of the community of Slayden, in Marshall County, Mississippi, to intersect the Austin Peay Memorial Highway in the State of Tennessee; U.S. Highway 90 from Mississippi Highway No. 607 in Hancock County, Mississippi, to the Alabama state line; the portion of Mississippi Highway No. 607 beginning at a point of intersection with Interstate Highway 10 and running southeasterly to the point of intersection with U.S. Highway 90.

All links of highway designated herein not now a part of the state system of highways in Mississippi are hereby designated and declared to be on the secondary group of highways in the State of Mississippi.

HISTORY: Codes, 1942, § 8024-03; Laws, 1948, ch. 342, § 2; Laws, 1975, ch. 374; repealed, Laws, 1981, ch. 464, § 32; reenacted without change, Laws, 1985, ch. 537, § 20; reenacted without change, Laws, 1987, ch. 510, § 13, eff from and after July 1, 1987.

Editor’s Notes —

Laws, 1981, ch. 464, § 32, provided that this section would stand repealed from and after July 1, 1985. Subsequently, this section was reenacted without change by Laws, 1985, ch. 537, § 8, effective from and after July 1, 1985, and, by terms of § 28 of ch. 537, would stand repealed from and after July 1, 1987. Thereafter, this section was again reenacted without change by Laws, 1987, ch. 510, § 1, effective July 1, 1987, and, by the terms of § 21 of 1987 ch. 510, shall stand repealed from and after July 1, 1989. Subsequently, Laws, 1989, ch. 317, § 1, amended § 21 of Laws 1987, ch. 510, by extending the repeal date from July 1, 1989, to July 1, 1993. Finally, Laws, 1993, ch. 357, § 1, repealed Laws, 1981, ch. 464, § 32, Laws, 1985, ch. 537, § 28, Laws, 1987, ch. 510, § 21, and Laws, 1989, ch. 317, § 1.

Cross References —

For additional designations of scenic highways, see §§65-3-38 et seq.

§ 65-3-36. Additional designation of highways as scenic route.

  1. The following segments of highways located in the State of Mississippi are hereby designated as a scenic route:

    Mississippi Highway 7 beginning at point of intersection with Interstate 55, running east to the intersection with Mississippi Highway 332, thence southerly along the route of the Grenada Dam then to its intersection with Mississippi Highway 8, thence running west along the route of Mississippi Highway 8 to its intersection with Interstate 55.

    1. The State Highway Department may plan and erect suitable signs and markers along such route and along the interstate approaches to the area. Such signs shall be attractive and designed to invite and encourage tourism, recreation and camping in the area.
    2. The State Highway Department may establish and maintain rest and observation areas along the designated route and may invite the participation of and cooperate with any state, county or municipal agency to assist in the promotion and development of the scenic route hereinabove designated.

HISTORY: Laws, 1974, ch. 421 §§ 1, 2, eff from and after passage (approved March 25, 1974).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Cross References —

For additional designations of scenic highways, see §§65-3-38 et seq.

§ 65-3-37. Markers designating Chickasa-Leaf Barn Quilt Trail authorized.

  1. The Mississippi Transportation Commission is hereby authorized and directed to allow for the erection of two (2) markers designating the Chickasa-Leaf Barn Quilt Trail, with one (1) at the intersection of Mississippi Highway 98 and Mississippi Highway 57 North, which is outside and east of the McLain corporate limits, and another at the intersection of Mississippi Highway 57 South and Highway 63 South, which is within the Leakesville corporate limits.
  2. The Mississippi Department of Transportation shall not be responsible for erecting or maintaining the markers described in subsection (1) of this section.

HISTORY: Laws of 2015, ch. 442, § 2, eff from and after passage (approved Apr. 18, 2015).

Editor’s Notes —

Former §65-3-37 was entitled “Additional road for state highway system.”

A former §65-3-37 [Codes, 1942, § 8028-08; Laws, 1948, ch. 338, §§ 1, 2; Repealed, Laws, 1981, ch. 464, § 32; reenacted without change, 1985, ch. 537, § 21; reenacted without change, 1987, ch. 510, § 14, eff from and after July 1, 1987; Repealed by Laws, 2000, ch. 574, § 11, eff from and after passage (May 20, 2000)] was entitled “Additional road for state highway system.”

§ 65-3-37.1. Markers recognizing the Military Order of the Purple Heart authorized.

  1. The Mississippi Transportation Commission is hereby authorized and directed to allow for the erection of markers recognizing the Military Order of the Purple Heart at the entrances of state highways in the counties of Mississippi, subject to the limitation that only four (4) markers be authorized for erection per county.
  2. The Mississippi Department of Transportation shall not be responsible for purchasing, erecting or maintaining the markers described in subsection (1) of this section, or any other material related to the erection of such markers. However, the Mississippi Transportation Commission may promulgate rules and regulations in regard to marker placement at the designated entrances. Marker size shall not exceed two (2) feet by two (2) feet. Local governing authorities may assist in the erection of the markers, but shall not be required to do so.

HISTORY: Laws, 2015, ch. 442, § 3, eff from and after passage (approved Apr. 18, 2015).

Special Designations of Portions of Highway System and Bridges

§ 65-3-38. Designation of scenic route in Sardis Lake area.

  1. The following segments of highways located in the State of Mississippi are hereby designated as a scenic route:

    Mississippi Highway 315 beginning at a point of intersection with Interstate 55, running east to the intersection with Sardis Dam Road, thence southerly along the route of the Sardis Dam then to its intersection with Mississippi Highway 35, thence running west along the route of Mississippi Highway 35 to its intersection with Mississippi Highway 6, thence in an easterly direction to its intersection with Interstate 55.

    1. The State Highway Department may plan and erect suitable signs and markers along such route and along the interstate approaches to the area. Such signs shall be attractive and designed to invite and encourage tourism, recreation and camping in the area.
    2. The State Highway Department may establish and maintain rest and observation areas along the designated route and may invite the participation of and cooperate with any state, county or municipal agency to assist in the promotion and development of the scenic route hereinabove designated.

HISTORY: Laws, 1976, ch. 309, §§ 1, 2, eff from and after passage (approved March 9, 1976).

Cross References —

For additional designation of scenic highways, see §§65-3-35 and65-3-36.

§ 65-3-38.1. Certain restrictions on designations for highways, roads, streets and bridges.

  1. No highway, road, street or bridge on the designated state highway system may be named after any person elected by the people to any public office in this state during the term of such person’s office or for a period of ten (10) years after such person no longer served in any such office.
  2. No legislation shall be enacted by the Legislature naming any highway, road, street or bridge on the designated state highway system after any person unless the governing body of each county and municipality where the highway, road, street or bridge is located duly adopts a resolution requesting the Legislature to enact such legislation and files a certified copy of such resolution with the Chairman of the Senate or House Committee to which such legislation is referred.
  3. The provisions of this section shall not apply to Sections 65-7-151 and 65-7-153.

HISTORY: Laws, 2002, ch. 556, § 5; Laws, 2013, ch. 342, § 3, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment added (3).

§ 65-3-39. “The Veterans’ Memorial Highway” designated.

  1. U.S. Highway 45 within the State of Mississippi is hereby designated as “The Veterans’ Memorial Highway” in honor of and in genuine gratitude and appreciation for the contributions made by veterans of this state in the defense of and service to this country, excluding, however, that portion from Baldwyn in Lee County to Nettleton in Lee County previously designated as the “David Williams Robins Highway” by Chapter 300, Laws of 1954. The State Highway Commission is hereby authorized and empowered to allow the erection on the highway rights-of-way of suitable monuments and markers as prescribed and provided by the veterans’ organizations within the state.
  2. Upon the completion of the corridor through the eastern part of the state from Tennessee to the Gulf of Mexico as authorized by Chapter 484, Laws of 1972, said new corridor shall be designated as “The Veterans’ Memorial Highway” in appreciation for the services of veterans to this state and the State Highway Commission is hereby authorized and empowered to allow the erection on the highway rights-of-way suitable monuments and markers as prescribed and provided by the veterans’ organizations within the state and the designation of old U. S. Highway 45 as “the Veterans’ Memorial Highway” shall be abandoned.

HISTORY: Laws, 1973, ch. 349, §§ 1, 2, eff from and after passage (approved March 23, 1973).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-3-40. Portion of Highway 35 in Leake County designated “Veterans’ Memorial Highway”.

  1. That portion of Mississippi Highway 35 in Leake County beginning at the Scott County Line and extending northerly to the south corporate limits of the City of Carthage is designated and shall be known as the “Veterans’ Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2000, ch. 353, § 1, eff from and after passage (approved Apr. 16, 2000.).

§ 65-3-41. “Frank Louis Hawkins Memorial Highway” designated.

That portion of Mississippi Highway 430, being situated between the Village of Black Hawk, Mississippi, and the Town of Vaiden, Mississippi, shall be designated and henceforth known as the Frank Louis Hawkins Memorial Highway.

The State Highway Department is hereby directed to erect appropriate signs along and approaching said highway and further to erect a suitable memorial marker between the Town of Vaiden, Mississippi, and the Black Hawk community, at a site to be chosen with the approval of the survivors and family of Frank Louis Hawkins.

HISTORY: Laws, 1975, ch. 324, §§ 1, 2, eff from and after passage (approved March 5, 1975).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-43. “Elvis Aaron Presley Memorial Highway” designated.

  1. That portion of United States Highway 78 being situated between the southern boundary of the state of Tennessee and the western boundary of the state of Alabama shall be designated and henceforth known as the Elvis Aaron Presley Memorial Highway.
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching said highway and, further, to erect a suitable memorial marker between the City of Tupelo, Mississippi, and the Town of Mineral Wells, Mississippi, at a site to be chosen with the approval of the family of Elvis Aaron Presley.

HISTORY: Laws, 1978, ch. 302, §§ 1, 2, eff from and after passage (approved February 8, 1978).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-45. “Walter L. Nixon, Sr., Memorial Bridge” designated.

  1. The bridge which spans the Back Bay of Biloxi on Interstate Highway 110 between Biloxi, Mississippi, and D’Iberville, Mississippi, known as the “Back Bay Bridge,” shall be designated and henceforth known as the Walter L. Nixon, Sr., Memorial Bridge.
  2. The Mississippi State Highway Department is hereby authorized to erect a suitable memorial marker between the cites of Biloxi, Mississippi, and D’Iberville, Mississippi, at a site to be chosen with the approval of the survivors and family of Walter L. Nixon, Sr.

HISTORY: Laws, 1978, ch. 323, §§ 1, 2, eff from and after passage (approved March 2, 1978).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-47. Designation of scenic route in Enid Lake area.

  1. The following segments of roads located in the State of Mississippi are hereby designated as a scenic route:

    The access road beginning at a point of intersection with Interstate 55 at Exit 58 and running east to the intersection with Enid Dam Road, thence southerly along the route of the Enid Dam Road then to its intersection with U.S. Highway 51, thence running southerly along the route of U.S. Highway 51 to its intersection with Mississippi Highway 32, thence in an easterly direction to its intersection with Interstate 55 at Exit 57.

    1. The State Highway Department may plan and erect suitable signs and markers along such route and along the interstate approaches to the area. Such signs shall be attractive and designed to invite and encourage tourism, recreation and camping in the area.
    2. The State Highway Department may establish and maintain rest and observation areas along the designated route and may invite the participation of and cooperate with any state, county or municipal agency to assist in the promotion and development of the scenic route hereinabove designated.

HISTORY: Laws, 1978, ch. 306, §§ 1, 2, eff from and after July 1, 1978.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-49. Designation of scenic route in Arkabutla Lake area.

  1. The following segments of highways located in the state of Mississippi are hereby designated as a scenic route:

    The public road beginning at Interstate Highway 55 adjacent to the City of Coldwater, Mississippi, and thence along the Coldwater-Arkabutla Road in a Westerly direction, and thence turning in a generally Northerly direction from said road to and along a public road which crosses the Dam area of Arkabutla Lake, thence proceeding on the North side of such Dam area in a Westerly direction, thence proceeding in a Northerly direction to the community of Eudora and connecting with State Highway 304 and thence running in an Easterly direction along State Highway No. 304 through the City of Hernando to Interstate Highway 55.

    1. The State Highway Department may plan and erect suitable signs and markers along such route and along the interstate approaches to the area. Such signs shall be attractive and designed to invite and encourage tourism, recreation and camping in the area.
    2. The State Highway Department may establish and maintain rest and observation areas along the designated route and may invite the participation of and cooperate with any state, county or municipal agency to assist in the promotion and development of the scenic route hereinabove designated.

HISTORY: Laws, 1978, ch. 307, § 1, eff from and after July 1, 1978.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-51. “Donnie Gene Kelley Memorial Bridge” designated.

The State Highway Commission is hereby directed to designate the bridge located at the interchange of U.S. Highway 61 and U.S. Highway 82 in Leland, Mississippi, as the “Donnie Gene Kelley Memorial Bridge” and to place appropriate markers at each end of the bridge.

HISTORY: Laws, 1979, ch. 325, eff from and after passage (approved March 1, 1979).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-3-53. “Perry Davis Memorial Highway” designated.

  1. That portion of State Highway 481 from State Highway 43 southeast at Pisgah in Rankin County, Mississippi, to United States Highway 80 in Morton, Scott County, Mississippi, shall be designated and henceforth known as the Perry Davis Memorial Highway.
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching said highway and, further, to erect a suitable memorial marker between Pisgah, Mississippi, and the Town of Morton, Mississippi, at a site to be chosen with the approval of the family of Perry Davis.

HISTORY: Laws, 1979, ch. 328, eff from and after passage (approved March 1, 1979).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-55. “Hospitality Highway” designated.

  1. That portion of State Highway 607 from the junction with Interstate Highway 10 to the junction with U.S. Highway 90, and that portion of U.S. Highway 90 from the junction with State Highway 607 to the western boundary of the State of Alabama shall be designated and henceforth known as the “Hospitality Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching the Hospitality Highway, as described in this section.

HISTORY: Laws, 1979, ch. 329, eff from and after passage (approved March 1, 1979).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-57. “William G. Walter Memorial Highway” designated.

  1. That portion of the Mississippi Highway No. 13 running from the intersection of such highway with Mississippi Highway No. 16 in Leake County, Mississippi, and continuing southerly through the counties of Leake, Scott, Rankin and Simpson shall be designated and henceforth known as the William G. Walter Memorial Highway.
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching such highway.

HISTORY: Laws, 1980, ch. 331, eff from and after passage (approved April 14, 1980).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-58. “Osborne Bell Memorial Highway” designated.

  1. That portion of Mississippi Highway 309 in Marshall County, Mississippi, beginning at or near the community of Watson and running southerly for a distance of 9.5 miles until its intersection with Mississippi Highway 4, is hereby designated and henceforth shall be known as the “Osborne Bell Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1988, ch. 305, § 1, eff from and after passage (approved March 7, 1988).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-59. “William Faulkner Memorial Highway” designated.

  1. That portion of Mississippi Highway 7 from the point of intersection with Mississippi Highway 315 to the point of intersection with the Tennessee state line shall be designated and henceforth known as the “William Faulkner Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching the William Faulkner Memorial Highway.

HISTORY: Laws, 1981, ch. 393, § 1, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-61. “James Duncan Arrington Memorial Highway” designated.

  1. Mississippi Highway 588, situated between Collins, Mississippi, and Ellisville, Mississippi, shall be designated and henceforth known as the James Duncan Arrington Memorial Highway.
  2. The Mississippi State Highway Department is hereby authorized and directed to erect appropriate signs along and approaching said highway and, further, to erect a suitable memorial marker between Collins, Mississippi, and Ellisville, Mississippi.

HISTORY: Laws, 1981, ch. 437, § 1, eff from and after passage (approved March 30, 1981).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-62. “James O. Eastland Memorial Highway” designated.

  1. Interstate Highway 55, with the exception of that portion of Interstate Highway 55 which is within Panola County, is hereby designated and henceforth shall be known as the “James O. Eastland Memorial Highway.”
  2. The Mississippi State Highway Department is hereby authorized and directed to erect not less than four (4) granite memorials at appropriate locations along and approaching the “James O. Eastland Memorial Highway,” and such other signs as the department shall deem suitable.

HISTORY: Laws, 1989, ch. 318, § 1, eff from and after passage (approved March 2, 1989).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-63. “Hugh White Memorial Highway” designated.

  1. That portion of the Mississippi Highway No. 13 running from the City of Columbia in Marion County to its intersection with the Simpson County line shall be designated and henceforth known as the Hugh White Memorial Highway.
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching such highway.

HISTORY: Laws, 1981, ch. 438, § 1, eff from and after passage (approved March 30, 1981).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-64. Designation of scenic route; Mississippi Highway 5 between U.S. Highway 78 and 72.

  1. The following segment of highway located in the State of Mississippi is hereby designated as a scenic route:

    That portion of Mississippi Highway 5 between United States Highway 78 and United States Highway 72.

    1. The State Highway Department may plan and erect suitable signs and markers along such route and along approaches to the area. Such signs shall be attractive and designed to invite and encourage tourism, recreation and camping in the area.
    2. The State Highway Department may establish and maintain rest and observation areas along the designated route and may invite the participation of and cooperate with any state, county or municipal agency to assist in the promotion and development of the scenic route hereinabove designated.

HISTORY: Laws, 1989, ch. 316, § 1, eff from and after passage (approved March 2, 1989).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

§ 65-3-65. “Henry Clarence Strider Memorial Highway” designated.

  1. That portion of Mississippi Highway No. 32 running between the municipalities of Webb and Charleston in Tallahatchie County shall be designated and henceforth known as the Henry Clarence Strider Memorial Highway.
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching such highway.

HISTORY: Laws, 1981, ch. 364, § 1, eff from and after July 1, 1981.

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-66. “John C. Stennis Highway” designated.

  1. That portion of Mississippi Highway 39 from its intersection with Mississippi Highway 45 in Lauderdale County as it extends north to the intersection with Mississippi Highway 16 in DeKalb, Mississippi, is hereby designated and henceforth shall be known as the “John C. Stennis Highway.”
  2. The Mississippi State Highway Department is hereby authorized and directed to erect not less than two (2) granite memorials at appropriate locations along and approaching the highway, and such other signs as the department shall deem suitable.

HISTORY: Laws, 1989, ch. 309, § 1, eff from and after passage (approved March 2, 1989).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-67. “John Bell Williams Memorial Highway” designated.

  1. That portion of Mississippi Highway 18, being situated between the city of Jackson, Mississippi, and the town of Raymond, Mississippi, shall be designated and henceforth known as the “John Bell Williams Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching said highway and further to erect a suitable memorial marker between the city of Jackson and the town of Raymond, at a site to be chosen with the approval of the survivors and family of John Bell Williams.

HISTORY: Laws, 1983, ch. 533, eff from and after passage (approved April 15, 1983).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-68. “George Walter Holloway Memorial Highway” designated.

  1. That portion of Mississippi Highway 42 lying in Jefferson Davis County shall be designated and henceforth shall be known as the “George Walter Holloway Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along Mississippi Highway 42 at the entrances to Jefferson Davis County and at the exits from the town of Prentiss.

HISTORY: Laws, 1984, ch. 356, eff from and after passage (approved April 16, 1984).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-69. “Jake W. Lindsey Highway” designated.

  1. That portion of Mississippi Highway 63 lying in Wayne County shall be designated and henceforth shall be known as the “Jake W. Lindsey Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along Mississippi Highway 63 at the entrances to Wayne County and at the exits from the Town of Waynesboro.

HISTORY: Laws, 1984, ch. 371, eff from and after passage (approved April 16, 1984).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-70. “William Russell Bonds Memorial Bridge” designated.

  1. The bridge which spans the Tennessee-Tombigbee Waterway on U. S. Highway 72 shall be designated and henceforth known as the “William Russell Bonds Memorial Bridge.”
  2. The Mississippi State Highway Department is hereby authorized and directed to erect appropriate markers at each end of such bridge.

HISTORY: Laws, 1987, ch. 334, eff from and after passage (approved March 17, 1987).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71. “Dr. W. C. Simmons Memorial Highway” designated.

  1. That portion of Mississippi Highway 18, which is situated in Jasper County from the corporate limits of the town of Bay Springs to the Smith County line shall be designated and known as the “Dr. W. C. Simmons Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs identifying such memorial highway.

HISTORY: Laws, 1987, ch. 339, eff from and after passage (approved March 17, 1987).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.1. “Cliff Finch Memorial Highway” designated.

  1. That portion of Interstate Highway 55 which is within Panola County is hereby designated and henceforth shall be known as the “Cliff Finch Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs at rest areas along such highway in Panola County.

HISTORY: Laws, 1987, ch. 376, eff from and after passage (approved March 19, 1987).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.2. “Howard Dyer Memorial Highway” designated.

  1. That portion of Mississippi Highway 82, being situated between the City of Greenville, Mississippi, and the City of Leland, Mississippi, shall be designated and henceforth known as the “Howard Dyer Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching such highway and further to erect a suitable memorial marker between the City of Greenville and the City of Leland.

HISTORY: Laws, 1987, ch. 404, eff from and after passage (approved March 20, 1987).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.3. “The Singing River” designated.

  1. The crossing of U.S. Highway 90 over the East Pascagoula River shall be designated and henceforth known as “The Singing River.”
  2. The State Highway Department is hereby authorized to erect appropriate markers at each end of the bridge.

HISTORY: Laws, 1987, ch. 408, eff from and after July 1, 1987.

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.4. “George M. Yarbrough Highway” designated.

  1. That portion of highway added to the state highway system in Chapter 298, General Laws of 1954, more particularly described as beginning on U.S. 78 at or near Red Banks, thence through the business district of Red Banks, and ending on U.S. 78, shall be designated and henceforth known as the George M. Yarbrough Highway.
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching such highway.

HISTORY: Laws, 1987, ch. 410, eff from and after passage (approved March 20, 1987).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.5. “John E. Rankin Memorial Bridge” designated.

  1. The bridge which spans the Tennessee-Tombigbee Waterway on United States Highway 78 at Fulton, Mississippi, shall be designated and henceforth known as the “John E. Rankin Memorial Bridge.”
  2. The Mississippi State Highway Department is hereby authorized to place appropriate markers at each end of the bridge.

HISTORY: Laws, 1988, ch. 317, eff from and after July 1, 1988.

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.6. “Owen Cooper Memorial Highway” designated.

  1. That portion of U.S. Highway 49 from its intersection with Interstate 220 at Jackson, Mississippi, to the point where it divides into U.S. Highway 49 East and U.S. Highway 49 West in Yazoo County is hereby designated and henceforth shall be known as the “Owen Cooper Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect appropriate signs along and approaching such highway.

HISTORY: Laws, 1988, ch. 360, eff from and after passage (approved April 15, 1988).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.7. “Lee C. Seymour, Sr., Memorial Highway” designated.

  1. That portion of Interstate Highway 110 north of the Interstate Highway 110 bridge within the municipal limits of the City of d’Iberville is hereby designated and henceforth shall be known as the “Lee C. Seymour, Sr., Memorial Highway.”
  2. The State Highway Department is hereby directed to erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1988, ch. 450, eff from and after passage (approved April 25, 1988).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.8. “John Sharp Williams Memorial Bridge” designated.

Upon completion of construction of the new bridge over the Yazoo River on U. S. Highway 49 West in Yazoo County, Mississippi, between Yazoo City and Louise, such bridge shall be known and shall be designated as the “John Sharp Williams Memorial Bridge,” and the State Highway Department shall erect suitable markers along and approaching such bridge to reflect the name thereof.

HISTORY: Laws, 1988, ch. 436, eff from and after passage (approved April 25, 1988).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.9. “Guy Williams Memorial Highway” designated.

  1. That portion of Mississippi Highway 32 from Parchman in Sunflower County to the corporate limits of the Town of Webb in Tallahatchie County is hereby designated and henceforth shall be known as the “Guy Williams Memorial Highway.”
  2. The Mississippi State Highway Department is hereby directed to erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1988, ch. 440, eff from and after passage (approved April 25, 1988).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.10. Hurricane evacuation routes designated.

The State Highway Commission is hereby directed to have the State Highway Department to erect appropriate signs on and along all highways leading northerly from the Mississippi Gulf Coast designating such highways as hurricane evacuation routes.

HISTORY: Laws, 1990, ch. 366, § 1, eff from and after July 1, 1990.

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

§ 65-3-71.11. “Charles H. Griffin Memorial Highway” designated.

  1. Mississippi Highway 18 between the municipalities of Raymond and Port Gibson is hereby designated, and henceforth shall be known as, the “Charles H. Griffin Memorial Highway.”
  2. The Mississippi State Highway Department is hereby authorized and directed to erect memorials at appropriate locations along and approaching the designated segment of such highway.

HISTORY: Laws, 1990, ch. 445, § 1, eff from and after passage (approved March 20, 1990).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.12. “Bill Harpole Highway” designated.

  1. That portion of Mississippi Highway 12 from its intersection with Mississippi Highway 25 in the City of Starkville to its intersection with U. S. Highway 82 in Oktibbeha County is hereby designated as the “Bill Harpole Highway.”
  2. The State Highway Department is hereby directed to erect appropriate signs on the designated segment of such highway.

HISTORY: Laws, 1990, ch. 487, § 1, eff from and after passage (approved March 27, 1990).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.13. “Fred J. Vann Memorial Highway,” “Dr. Fayette C. Williams Memorial Highway,” and “Bilbo Anders Memorial Drive” designated.

  1. That portion of Mississippi Highway 350 from its intersection with Kendrick Road in Alcorn County extending eastwardly to Mississippi Highway 25 in Tishomingo County is hereby designated the “Fred J. Vann Memorial Highway.”
  2. That portion of U.S. Highway 72 within Alcorn County is hereby designated the “Dr. Fayette C. Williams Memorial Highway.”
  3. That portion of Mississippi Highway 39 from its intersection with U.S. Interstate Highway 20/59 in Lauderdale County extending northerly to its intersection with Old U.S. Highway 45 to Marion is hereby designated and henceforth shall be known as the “Bilbo Anders Memorial Drive.”
  4. The Mississippi State Highway Department is hereby directed to erect and maintain appropriate signs along and approaching such highways.

HISTORY: Laws, 1990, ch. 511, § 1, eff from and after passage (approved April 2, 1990).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.14. “Herman Alford Memorial Highway” designated.

  1. That portion of Mississippi Highway 19 from its intersection with Mississippi Highway 15 in the City of Philadelphia which extends in a northerly direction to the corporate limits of such city is hereby designated as the “Herman Alford Memorial Highway.”
  2. The State Highway Department is hereby directed to erect appropriate signs on the designated segment of such highway.

HISTORY: Laws, 1990 Ex Sess, ch. 49, § 1, eff from and after passage (approved June 30, 1990).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.15. “J.A. (Jim) Morrow Memorial Highway” designated.

  1. That portion of Mississippi Highway 18 located in Rankin County beginning at the corporate limits of the City of Brandon and extending southeasterly to the Smith County line is hereby designated as the “J. A. (Jim) Morrow Memorial Highway.”
  2. The Mississippi State Highway Department shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1991, ch. 400, § 1, eff from and after passage (approved March 20, 1991).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.16. “Roger B. Latimer Memorial Bridge” designated.

  1. The bridge spanning Horn Lake Creek located within the City of Horn Lake on Mississippi Highway 302 (Goodman Road) approximately one-tenth (1/10) of a mile east of the intersection of that highway with U.S. Highway 51 shall be designated and henceforth known as the “Roger B. Latimer Memorial Bridge.”
  2. The State Highway Department is hereby authorized and directed to erect appropriate markers at each end of the bridge.

HISTORY: Laws, 1991, ch. 433 § 1, eff from and after passage (approved March 21, 1991).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.17. “Castiglia Interchange” designated.

  1. The Interstate 10 and Highway 49 interchange in Harrison County is hereby designated, and henceforth shall be known as, the “Castiglia Interchange.”
  2. The Mississippi State Highway Department is hereby authorized and directed to erect appropriate signs at locations along the interchange.

HISTORY: Laws, 1991, ch. 488 § 1, eff from and after passage (approved March 30, 1991).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.18. “Hernando de Soto Commemorative Bridge” designated.

From and after June 18, 1991, the Mississippi River Bridge on U.S. Highway 49 near Lula, Mississippi, from its easternmost point westward to the Arkansas state line, shall be named and designated the “Hernando de Soto Commemorative Bridge” in recognition, observation and commemoration of Spanish Explorer Hernando de Soto who discovered the Mississippi River on May 8, 1541, and subsequently crossed the river on June 18, 1541.

HISTORY: Laws, 1991, ch. 488 § 2, eff from and after passage (approved March 30, 1991).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.19. “Billy Cooper Highway” designated.

  1. That segment of Mississippi Highway 57 in Greene County beginning at its intersection with Mississippi Highway 63 near Leakesville and extending northerly to the corporate limits of State Line is designated and shall be known as the “Billy Cooper Highway.”
  2. The Mississippi State Highway Department shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 1991, ch. 548, § 1, eff from and after passage (approved April 12, 1991).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.20. Portion of Mississippi Highway 35 designated as scenic highway.

  1. The following segment of highway located in Panola, Tallahatchie, Grenada and Carroll Counties is hereby designated as a scenic highway:

    Mississippi Highway 35 beginning at the corporate limits of the City of Batesville and extending southerly to the corporate limits of the Town of Vaiden.

    1. The State Highway Department may plan and erect suitable signs and markers along the above described segment of highway and along the interstate approaches to such highway. Such signs shall be attractive and designed to invite and encourage tourism, recreation and camping in the area.
    2. The State Highway Department may establish and maintain rest and observation areas along the designated segment of highway and may invite the participation of and cooperate with any state, county or municipal agency to assist in the promotion and development of the scenic highway hereinabove designated.

HISTORY: Laws, 1991, ch. 548, § 2, eff from and after passage (approved April 12, 1991).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.21. “W. Felder Dearman Memorial Highway” designated.

  1. That portion of Mississippi Highway 22 which is between the municipalities of Edwards and Canton in Hinds and Madison Counties is hereby designated, and henceforth shall be known as, the “W. Felder Dearman Memorial Highway.”
  2. The Mississippi State Highway Department is hereby authorized and directed to erect memorials at appropriate locations along and approaching the highway.

HISTORY: Laws, 1992, ch. 308 § 1, eff from and after passage (approved April 14, 1992).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.22. “Tammy Wynette Highway” designated.

  1. That portion of Mississippi Highway 23 in Itawamba County located between the Town of Tremont and the Alabama State Line is hereby designated the “Tammy Wynette Highway.”
  2. The State Highway Department shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1992, ch. 372, § 1, eff from and after passage (approved April 21, 1992).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.23. “Jerry Clower Highway” designated.

  1. That portion of Mississippi Highway 24 between the cities of Liberty and McComb is hereby designated the “Jerry Clower Highway.”
  2. The State Highway Department is hereby directed to erect appropriate signs along and approaching such highway.

HISTORY: Laws, 1992, ch. 372, § 2, eff from and after passage (approved April 21, 1992).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.24. Mississippi Highways 63 and 57 designated wildflower routes.

Mississippi Highways 63 and 57 are designated as wildflower routes, and the State Highway Department shall take the necessary measures in maintaining rights-of-way along such highways to encourage the growth of native wildflowers. Such measures shall include, but not be limited to, (a) refraining from the use of herbicides, (b) planting native wildflowers, and (c) when mowing becomes necessary, mowing selectively in order to preserve wildflowers during their growing seasons.

HISTORY: Laws, 1992, ch. 411, § 1, eff from and after passage (approved April 27, 1992).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.25. “Vietnam Veterans Memorial Bridge” designated.

  1. That bridge on Mississippi Highway 63 in Jackson County that spans the Escatawpa River is designated and shall be known as the “Vietnam Veterans Memorial Bridge.”
  2. The Transportation Department shall erect and maintain an appropriate plaque at each end of the bridge, and suitable markers along and approaching the bridge, reflecting its name.

HISTORY: Laws, 1993, ch. 318, § 1, eff from and after passage (approved March 11, 1993).

§ 65-3-71.26. “Robert L. Hollimon Memorial Highway” designated.

  1. That portion of Mississippi Highway 492 between the Town of Union in Newton County and Mississippi Highway 19 in Neshoba County is hereby designated the “Robert L. Hollimon Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1993, ch. 340, § 1, eff from and after passage (approved March 15, 1993).

§ 65-3-71.27. “Naaman Bryanyan Memorial Highway” designated.

  1. That portion of Mississippi Highway 9 in Union County from its intersection with Mississippi Highway 348 to its intersection with Mississippi Highway 30 is designated and shall be known as the “Naaman Bryanyan Memorial Highway.”
  2. The Department of Transportation shall erect and maintain appropriate signs approaching and along such highway.

HISTORY: Laws, 1993, ch. 428, § 1, eff from and after passage (approved March 18, 1993).

§ 65-3-71.28. “Larkin I. Smith Memorial Highway” designated.

  1. That portion of Mississippi Highway 53 from its intersection with U.S. Highway 49 in Harrison County as it extends northwesterly through Hancock County to its intersection with Mississippi Highway 26 in Pearl River County is hereby designated and henceforth shall be known as the “Larkin I. Smith Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect appropriate signs along and approaching such highway.

HISTORY: Laws, 1993, ch. 447, § 1, eff from and after passage (approved March 25, 1993).

§ 65-3-71.29. “Charley Pride Highway” designated.

  1. That portion of Mississippi Highway 3 located between U.S. Highway 61 in DeSoto County and the Town of Tutwiler in Tallahatchie County is hereby designated the “Charley Pride Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1993, ch. 454, § 1, eff from and after passage (approved March 25, 1993).

§ 65-3-71.30. “George D. ‘Danny’ Nash, Jr., Memorial Highway” designated.

  1. That portion of U. S. Highway 84 in Franklin County, Mississippi, beginning four (4) miles west of its intersection with U. S. Highway 98 and extending to a point six (6) miles west of the intersection of U. S. Highway 84 and U. S. Highway 98 shall be known and designated as the “George D. ‘Danny’ Nash, Jr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1994, ch. 360, § 1, eff from and after July 1, 1994.

§ 65-3-71.31. “Pat Patterson Memorial Highway” designated.

  1. That portion of Mississippi Highway 25 within the corporate limits of the City of Aberdeen, beginning at the intersection of Mississippi Highway 25 and Poplar Street and extending to the Tennessee-Tombigbee Waterway Bridge, is designated and shall be known as the “Pat Patterson Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1995, ch. 316, § 1, eff from and after passage (approved March 9, 1995).

§ 65-3-71.32. “Bobby Runnels Memorial Drive” designated.

  1. That portion of Mississippi Highway 42 in the City of Petal, Mississippi, beginning at the Norfolk Southern Railroad and extending approximately one-half (1/2) mile to its intersection with Main Street is designated and shall be known as “Bobby Runnels Memorial Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs on and along such highway.

HISTORY: Laws, 1995, ch. 334, § 1, eff from and after passage (approved March 10, 1995).

§ 65-3-71.33. “Veterans Memorial Drive” designated.

  1. That section of Mississippi Highway 35 bypass from the Kosciusko city limits south to Mississippi Highway 12 east is designated and shall be known as “Veterans Memorial Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the section of highway described in subsection (1) of this section.

HISTORY: Laws, 1995, ch. 351, § 1, eff from and after passage (approved March 14, 1995).

§ 65-3-71.34. “Billy M. Langham Memorial Highway” designated.

  1. That portion of U.S. Highway 49 in Collins, Mississippi, beginning at a point eight-tenths (.8) of a mile south of the intersection of U.S. Highway 49 and U.S. Highway 84 and extending south on U.S. Highway 49 for two (2) miles shall be known and designated as the “Billy M. Langham Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1995, ch. 390, § 1, eff from and after passage (approved March 15, 1995).

§ 65-3-71.35. “State Trooper Bobby ‘Bubba’ Wells Memorial Highway” designated.

  1. That portion of Interstate Highway 55 beginning at mile marker 277 and extending northerly to the Mississippi/Tennessee state line is designated and shall be known as the “State Trooper Bobby ‘Bubba’ Wells Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1996, ch. 331, § 1; Laws, 2007, ch. 545, § 2, eff from and after passage (approved Apr. 18, 2007.).

Amendment Notes —

The 2007 amendment inserted “State Trooper” following “shall be known as” in (1).

§ 65-3-71.36. “Norton Haas Memorial Highway” designated.

  1. That portion of Mississippi Highway 43/603 in Hancock County beginning at United States Highway 90 and extending northerly to its intersection with Interstate Highway 10 is designated and shall be known as the “Norton Haas Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs on and along that portion of Mississippi Highway 43/603 described in subsection (1) of this section.

HISTORY: Laws, 1996, ch. 344, § 1, eff from and after passage (approved March 17, 1996).

§ 65-3-71.37. “Rayford Patrick Memorial Highway” designated.

  1. That portion of Mississippi Highway 305 in Tate County from its intersection with Mississippi 4 to the Bett Road turnoff shall be known as the “Rayford Patrick Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1996, ch. 347, § 1, eff from and after July 1, 1996.

§ 65-3-71.38. “David Bruce Ladner Memorial Highway” designated.

  1. That portion of U.S. Highway 49 in Lyman, Mississippi, beginning at the intersection of U.S. Highway 49 and Mississippi Highway 53 and extending north on U.S. Highway 49 for two (2) miles shall be known and designated as the “David Bruce Ladner Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1996, ch. 361, § 1, eff from and after passage (approved March 18, 1996).

§ 65-3-71.39. “Bishop Charles Harrison Mason Memorial Highway” designated.

  1. That portion of Mississippi Highway 17 in Holmes County beginning at its intersection with I-55 and extending northerly to Lexington, Mississippi, shall be known and designated as the “Bishop Charles Harrison Mason Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs on and along that portion of Mississippi Highway 17 described in subsection (1) of this section.

HISTORY: Laws, 1997, ch. 317 § 1, eff from and after passage (approved March 12, 1997).

§ 65-3-71.40. “Wade Guice Memorial Highway” designated.

  1. That portion of Mississippi Highway 15 in Harrison County beginning at Interstate Highway 110 and extending northerly to its intersection with Mississippi Highway 26 is designated and shall be known as the “Wade Guice Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs on and along that portion of Mississippi Highway 15 described in subsection (1) of this section.

HISTORY: Laws, 1997, ch. 461, § 1, eff from and after passage (approved March 26, 1997).

§ 65-3-71.41. “Veterans Memorial Drive” designated.

  1. That portion of U. S. Highway 11 in the City of Hattiesburg beginning at its intersection with South 28th Avenue Extension and proceeding southwesterly to where U. S. Highway 11 intersects with Interstate Highway 59 is designated and shall be known as “Veterans Memorial Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs on and along that portion of U. S. Highway 11 described in subsection (1) of this section.

HISTORY: Laws, 1997, ch. 461, § 2, eff from and after passage (approved March 26, 1997).

§ 65-3-71.42. “Arthur Winstead Memorial Highway” designated.

  1. That portion of Mississippi Highway 21 in Neshoba County from its intersection with Mississippi 15 and Mississippi 19 northeasterly to the Neshoba County line shall be known as the “Arthur Winstead Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of Mississippi Highway 21 described in subsection (1) of this section.

HISTORY: Laws, 1997, ch. 461, § 3, eff from and after passage (approved March 26, 1997).

§ 65-3-71.43. “William Jerome Huskey Memorial Highway” designated.

  1. That portion of U. S. Highway 278 in Monroe County beginning at Amory and extending southeasterly to the Mississippi/Alabama state line is designated and shall be known as the “William Jerome Huskey Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs on and along that portion of U. S. Highway 278 described in subsection (1) of this section.

HISTORY: Laws, 1997, ch. 569, § 1, eff from and after passage (approved April 23, 1997).

§ 65-3-71.44. “Major General William ‘Bud’ Miley Highway” designated.

  1. That portion of Mississippi Highway 389 in the City of Starkville starting at Dr. Martin Luther King, Jr., Drive north to the city limits of Starkville is hereby designated as the “Major General William ‘Bud’ Miley Highway.”
  2. The State Highway Department is hereby directed to erect appropriate signs on the designated segment of such highway.

HISTORY: Laws, 1998, ch. 363, § 1, eff from and after passage (approved March 16, 1998).

Editor’s Notes —

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

Section 65-1-1 provides that the term “State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, means the “Mississippi Department of Transportation.”

§ 65-3-71.45. “J.D. Batson Memorial Bridge” designated.

  1. That bridge on Mississippi Highway 26 in Pearl River County that spans the Hobolochitto Creek is designated and shall be known as the “J.D. Batson Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate plaques at each end of the bridge, and suitable markers along and approaching the bridge, reflecting its name.

HISTORY: Laws, 1998, ch. 405, § 1, eff from and after passage (approved March 20, 1998).

§ 65-3-71.46. “Bobby McRary Memorial Drive” designated.

  1. That portion of Mississippi Highway 43 in Rankin County beginning at Mississippi Highway 25 and extending easterly to Mississippi Highway 481 shall be known as the “Bobby McRary Memorial Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 1998, ch. 598, § 1, eff from and after July 1, 1998.

§ 65-3-71.47. “Military Order of the Purple Heart, Department of Mississippi, Memorial Bridge” designated.

  1. That bridge which is to be constructed over Interstate Highway 59 at Lincoln Road in the City of Hattiesburg and Lamar County shall be known and shall be designated as the “Military Order of the Purple Heart, Department of Mississippi, Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs approaching each end of the bridge described in subsection (1) of this section reflecting its name, and shall allow officers or official representatives of the Military Order of the Purple Heart, Department of Mississippi, to affix a memorial plaque at some suitable location on the bridge.

HISTORY: Laws, 1999, ch. 491, § 1, eff from and after passage (approved Mar. 30, 1999.).

§ 65-3-71.48. “Veterans Memorial Highway” designated.

  1. That portion of U.S. Highway 61 located in Adams County beginning at the corporate limits of the City of Natchez and extending northerly to the community of Washington, a distance of approximately three and two-tenths (3.2) miles, is hereby designated as “Veterans Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway designated in subsection (1) of this section.

HISTORY: Laws, 1999, ch. 491, § 2, eff from and after passage (approved Mar. 30, 1999.).

§ 65-3-71.49. “John McPherson Highway” designated.

  1. That portion of U.S. Highway 82 beginning at the Carroll County line and extending easterly to the City of Winona shall be known as the “John McPherson Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of U.S. Highway 82 described in subsection (1) of this section.

HISTORY: Laws, 1999, ch. 531, § 5, eff from and after passage (approved Apr. 16, 1999.).

§ 65-3-71.50. “Dr. Martin Luther King, Jr., Boulevard” designated.

  1. That portion of U.S. Highway 82 that bypasses the City of Winona shall be known as the “Dr. Martin Luther King, Jr., Boulevard.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of U.S. Highway 82 described in subsection (1) of this section.

HISTORY: Laws, 1999, ch. 531, § 6; Laws, 2000, ch. 338, § 1, eff from and after July 1, 2000.

§ 65-3-71.51. “George Harris, Sr., Memorial Highway” designated.

  1. That portion of U.S. Highway 82 beginning at the eastern city limits of the City of Winona and extending easterly to the Montgomery/Webster County line, except for the portion within the corporate limits of the Town of Kilmichael, shall be known as the “George Harris, Sr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of U.S. Highway 82 described in subsection (1) of this section.

HISTORY: Laws, 2000, ch. 338, § 2; Laws, 2009, ch. 304, § 2, eff from and after July 1, 2009.

Editor’s Notes —

Laws, 2000, ch. 574, § 10, also enacted a new §65-3-71.51. At the direction of codification counsel, the section enacted by ch. 574 has been codified as new §65-3-71.58.

Amendment Notes —

The 2009 amendment inserted “except for the portion within the corporate limits of the Town of Kilmichael.”

§ 65-3-71.52. Major General James W. Ball Memorial Highway.

  1. That portion of Mississippi Highway 35 in Marion County, Mississippi, beginning at the Mississippi/Louisiana state line and extending to Foxworth shall be known and designated as the “Major General James W. Ball Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2000, ch. 374, § 1, eff from and after July 1, 2000.

§ 65-3-71.53. “Delvru John Anthony Minor Memorial Highway” designated.

  1. That portion of U.S. Highway 84 in Adams County from its intersection with U.S. Highway 61 in Washington, Mississippi, and extending in an easterly direction to the point at which State Park Road meets U.S. Highway 84 shall be known as the “Delvru John Anthony Minor Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2000, ch. 400, § 1, eff from and after July 1, 2000.

§ 65-3-71.54. “E.C. Gable Memorial Bridge” designated.

  1. That bridge on Mississippi Highway 537 in Jones County that spans Reedy Creek that is located approximately two and one-tenths (2.1) miles north of Fifth Avenue in Laurel, is designated and shall be known as the “E.C. Gable Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate plaques at each end of the bridge, and suitable marker along and approaching the bridge, reflecting its name.

HISTORY: Laws, 2000, ch. 404, § 1, eff from and after passage (approved Apr. 17, 2000.).

§ 65-3-71.55. “C.F. ‘Pappy’ Franklin Memorial Highway” designated.

  1. That portion of Mississippi Highway 7 beginning at the corporate limits of the City of Coffeeville and extending southerly to the Yalabousha County line shall be known as the “C.F. ‘Pappy’ Franklin Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of Mississippi Highway 7 described in subsection (1) of this section.

HISTORY: Laws, 2000, ch. 445, § 1, eff from and after passage (approved April 18, 2000).

§ 65-3-71.56. “Joe Clay-John Austin Hatcher Memorial Highway” designated.

  1. That portion of Mississippi Highway 490 in Winston County beginning at the Noxapater city limits and extending easterly to its intersection with Mississippi Highway 397 is designated and shall be known as the “Joe Clay-John Austin Hatcher Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs at the eastern city limits of the City of Noxapater and at the intersection of Mississippi Highway 490 and Mississippi Highway 397 indicating the name of the highway segment described in subsection (1) of this section.

HISTORY: Laws, 2000, ch. 572, § 1, eff from and after July 1, 2000.

§ 65-3-71.57. “31st Infantry Division Memorial Highway” designated.

  1. That portion of U.S. Interstate 20 within the State of Mississippi shall be known as the “31st Infantry Division Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2000, ch. 572, § 2; Laws, 2001, ch. 606, § 2, eff from and after July 1, 2001.

§ 65-3-71.58. “Hershal L. Grady Memorial Highway”.

  1. Mississippi 908, a route providing direct access from the interchange at I-55 at or near Summit to Southwest Community College, is designated and shall be known as the “Hershal L. Grady Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2000, ch. 574, § 10, eff from and after passage (approved May 20, 2000.).

Editor’s Notes —

This section was enacted by Laws, 2000, ch. 574, § 10, and was assigned the Code section number65-3-71.51. However, Laws, 2000, ch. 338, § 2, had previously enacted a new §65-3-71.51. At the direction of codification counsel, the section enacted by ch. 574 has been codified as new §65-3-71.58.

§ 65-3-71.59. “Bruce Wayne Evans Memorial Highway” designated.

  1. That segment of Mississippi Highway 613 in Jackson County beginning at its intersection with Big Point Road and extending northerly approximately 11.3 miles to the Jackson/George County line is designated and shall be known as the “Bruce Wayne Evans Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2001, ch. 366, § 1, eff from and after July 1, 2001.

§ 65-3-71.60. “Waverly Wray Memorial Highway” designated.

  1. That portion of Mississippi Highway 35 in Panola County beginning with its intersection with Mississippi Highway 6 and extending southerly to the Tallahatchie County line shall be known as the “Waverly Wray Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of Mississippi Highway 35 described in subsection (1) of this section.

HISTORY: Laws, 2001, ch. 430, § 1, eff from and after July 1, 2001.

§ 65-3-71.61. “Mortimer Barry Memorial Highway” designated.

  1. That portion of U.S. Highway 51 within the City of Winona known as South Applegate and that portion of U.S. Highway 51 south of the city limits of Winona extending from the city limits of the City of Winona for a distance of two (2) miles is designated and shall be known as the “Mortimer Barry Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2001, ch. 460, § 1, eff from and after July 1, 2001.

§ 65-3-71.62. “Jo Doss Miller Memorial Drive” designated.

  1. That portion of Mississippi Highway 8 in Monroe County, beginning at the intersection of Mississippi Highway 8 and U.S. Highway 45 and extending to the intersection of Mississippi Highway 8 and Oakland Drive, shall be known as “Jo Doss Miller Memorial Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2001, ch. 493, § 1, eff from and after passage (approved Mar. 24, 2001.).

§ 65-3-71.63. “Military Order of the Purple Heart Drive” designated.

  1. That portion of Mississippi Highway 25 beginning at the Hinds/Rankin County line and extending northeasterly to U.S. Highway 82 in Oktibbeha County shall be known and designated as “Military Order of the Purple Heart Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2001, ch. 606, § 1; Laws, 2008, ch. 348, § 1, eff from and after passage (approved Mar. 26, 2008.).

Amendment Notes —

The 2008 amendment substituted “U.S. Highway 82 in Oktibbeha County” for “the Leake/Winston County line” in (1).

§ 65-3-71.64. “Sheriff E.C. Mullins Memorial Highway” designated.

  1. That segment of New U.S. Highway 49 in the City of Mendenhall, Simpson County, Mississippi, beginning at its intersection with Mississippi Highway 13 and extending southerly to its intersection with Old U.S. Highway 49 (Jackson Avenue), is designated and shall be known as the “Sheriff E.C. Mullins Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 391, § 1, eff from and after passage (approved Mar. 19, 2002.).

§ 65-3-71.65. Portion of Mississippi 15 in Philadelphia designated as “Veterans’ Boulevard.”

  1. That segment of the four-lane bypass for Mississippi Highway 15 within the City of Philadelphia, Mississippi, shall be known as “Veterans’ Boulevard.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 406, § 1, eff from and after passage (approved Mar. 19, 2002.).

§ 65-3-71.66. Portion of Mississippi 15/25 in Winston County designated as “Veterans’ Memorial Drive.”

  1. That segment of Mississippi Highway 15/25 in Winston County is designated and shall be known as “Veterans’ Memorial Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 417, § 1, eff from and after passage (approved Mar. 19, 2002.).

§ 65-3-71.67. “Corporal James D. Slaton Memorial Highway” designated.

  1. That segment of U.S. Highway 84 in Jones County beginning at the eastern city limits of the City of Laurel and extending easterly to the Jones/Wayne County line is designated and shall be known as the “Corporal James D. Slaton Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 421, § 1, eff from and after passage (approved Mar. 20, 2002.).

§ 65-3-71.68. “Hershel G. Jumper Memorial Highway” designated.

  1. That portion of Mississippi Highway 4 in Prentiss County beginning at the western boundary of the City of Booneville and extending westerly to the Prentiss/Tippah county line, a distance of approximately six (6) miles, is designated and shall be known as the “Hershel G. Jumper Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 425, § 1, eff from and after July 1, 2002.

§ 65-3-71.69. Portion of U.S. 61 in Coahoma County designated as “Veterans’ Memorial Drive.”

  1. That portion of U.S. Highway 61 in Coahoma County beginning at its intersection with State Road 161 North and extending southerly to its intersection with State Road 161 South is designated and shall be known as “Veterans’ Memorial Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 458, § 1, eff from and after passage (approved Mar. 20, 2002.).

§ 65-3-71.70. Portion of Mississippi 19 in Lauderdale and Newton Counties designated as “Veterans Highway.”

  1. That portion of Mississippi Highway 19 in Lauderdale and Newton Counties, beginning at the Alabama state line and extending northwesterly to the Neshoba county line, shall be known as “Veterans Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 556, § 1, eff from and after July 1, 2002.

§ 65-3-71.71. Portion of Mississippi 15 in Newton County designated as “WWII Veterans Highway.”

  1. That portion of Mississippi Highway 15 in Newton County shall be known as “WWII Veterans Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 556, § 2, eff from and after July 1, 2002.

§ 65-3-71.72. “Jerry St. Pe’ Highway” designated.

  1. Mississippi Highway 617 in Jackson County is designated and shall be known as the “Jerry St. Pe’ Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 556, § 3, eff from and after July 1, 2002.

§ 65-3-71.73. “Evelyn Gandy Parkway” designated.

  1. That relocated segment of Mississippi Highway 42 in Forrest County beginning at its intersection with Interstate 59 and extending easterly to its intersection with Macedonia-Sunrise Road is designated and shall be known as the “Evelyn Gandy Parkway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.
  3. Each segment of the Regional Thoroughfare proposed by the Hattiesburg-Petal-Forrest-Lamar Planning Organization, as described by a map on file with the Office of Public Services of the City of Hattiesburg, shall, as completed, be designated and known as the “Evelyn Gandy Parkway.”
  4. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segments of highway described in subsection (1) of this section that are under its jurisdiction.

HISTORY: Laws, 2002, ch. 556, § 4, eff from and after July 1, 2002.

§ 65-3-71.74. Portions of Mississippi 304 Spur in Tunica County designated “Martin Luther King, Jr., Memorial Highway.”

  1. The Mississippi Highway 304 Spur in Tunica County is designated and shall be known as the “Martin Luther King, Jr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 628, § 1, eff from and after passage (approved Apr. 25, 2002.).

§ 65-3-71.75. “Eugene P. Wilkes Memorial Bridge” designated.

  1. That bridge on Cowan-Lorraine Road in Harrison County that spans the Harrison County Industrial Seaway is designated and shall be known as the “Eugene P. Wilkes Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain an appropriate plaque at each end of the bridge, and suitable markers along and approaching the bridge, reflecting its name.

HISTORY: Laws, 2002, ch. 628, § 2, eff from and after passage (approved Apr. 25, 2002.).

§ 65-3-71.76. Portion of Smithdale Road in City of McComb designated as “Veterans Boulevard.”

  1. That portion of Smithdale Road (Mississippi 570) between Northwest Avenue and Enterprise Road in the corporate limits of the City of McComb is designated and shall be known as “Veterans Boulevard.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of roadway described in subsection (1) of this section.

HISTORY: Laws, 2002, ch. 628, § 3, eff from and after passage (approved Apr. 25, 2002.).

§ 65-3-71.77. “Stennis Airport Parkway” designated.

  1. That segment of Mississippi 603 in Hancock County beginning at Interstate 10 and extending northerly to Kiln is designated and shall be known as “Stennis Airport Parkway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section, including signs on Interstate 10 designating the proper exit from Interstate 10 to Stennis International Airport if such signs are permitted under applicable federal laws, rules and regulations.

HISTORY: Laws, 2002, ch. 628, § 4, eff from and after passage (approved Apr. 25, 2002.).

§ 65-3-71.78. Portion of Mississippi Highway 315 in Yalobusha and Lafayette Counties designated as “Dr. Dewitt Clinton French Memorial Highway.”

  1. That portion of Mississippi Highway 315 beginning at the eastern boundary of the corporate limits of the City of Water Valley, Yalobusha County, and extending easterly to its intersection with Mississippi Highway 9W in Lafayette County is designated and shall be known as the “Dr. Dewitt Clinton French Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2003, ch. 342, § 1, eff from and after passage (approved Mar. 12, 2003.).

§ 65-3-71.79. Portion of Mississippi Highway 1 in Sharkey and Issaquena Counties designated as “C.B. ‘Buddie’ Newman Memorial Highway.”

  1. That portion of Mississippi Highway 1 in Sharkey and Issaquena Counties beginning at its intersection with U.S. Highway 61 at or near Onward and extending westerly and northerly to the Issaquena/Washington county line is designated and shall be known as the “C.B. ‘Buddie’ Newman Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2003, ch. 342, § 2, eff from and after passage (approved Mar. 12, 2003.).

§ 65-3-71.80. “Walton Greene Gray Memorial Highway” designated.

  1. That segment of Mississippi Highway 25 in Monroe County beginning at its intersection with Highway 382 to its intersection with U.S. Highway 45 Alternate is designated and shall be known as the “Walton Greene Gray Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2003, ch. 382, § 1, eff from and after passage (approved Mar. 13, 2003.).

Editor’s Notes —

Laws of 2003, ch. 382, § 2, provides:

“SECTION 2. Section 1 of this act shall be codified as a new section in Chapter 3, Title 65, Mississippi Code of 1972.”’

§ 65-3-71.81. Portion of Mississippi Highway 18 in Jasper County designated as “Sheriff Tom Royce Green Memorial Highway.”

  1. That portion of Mississippi Highway 18 in Jasper County beginning at the corporate limits of the Town of Bay Springs and extending northeasterly approximately twenty (20) miles to the Rose Hill community shall be known as the “Sheriff Tom Royce Green Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of Mississippi Highway 18 described in subsection (1) of this section.

HISTORY: Laws, 2003, ch. 500, § 1, eff from and after passage (approved Mar. 31, 2003.).

§ 65-3-71.82. “Stephen E. Ambrose Memorial Highway” designated.

  1. That portion of Interstate Highway 10 in Hancock County beginning at the Mississippi/Louisiana state line and extending easterly to its intersection with Mississippi Highway 43 is designated and shall be known as the “Stephen E. Ambrose Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of highway described in subsection (1) of this section.

HISTORY: Laws, 2003, ch. 550, § 2, eff from and after passage (approved Apr. 22, 2003.).

§ 65-3-71.83. Bridge on U.S. Highway 45 spanning Mississippi 19 in Meridian designated “Military Order of the Purple Heart, Department of Mississippi, Memorial Bridge.”

  1. That the bridge on U.S. Highway 45 which spans Mississippi 19 in Meridian, Mississippi, shall be known and shall be designated as the “Military Order of the Purple Heart, Department of Mississippi, Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs approaching each end of the bridge described in subsection (1) of this section reflecting its name, and shall allow officers or official representatives of the Military Order of the Purple Heart, Department of Mississippi, to affix a memorial plaque at some suitable location on the bridge.

HISTORY: Laws, 2004, ch. 308, § 1, eff from and after July 1, 2004.

§ 65-3-71.84. “‘Medgar Evers Memorial Interchange” designated.”

  1. The Interstate 20 and Highway 15 interchange in Newton County is designated and shall be known as the “Medgar Evers Memorial Interchange.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along the interchange.

HISTORY: Laws, 2004, ch. 319, § 1, eff from and after July 1, 2004.

§ 65-3-71.85. “D’Lo World War II Veterans Highway” designated.

  1. That segment of Mississippi Highway 149 (Old Highway 49) within the corporate limits of the Town of D’Lo, Simpson County, Mississippi, is designated and shall be known as the “D’Lo World War II Veterans Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2004, ch. 541, § 1, eff from and after passage (approved May 13, 2004.).

§ 65-3-71.86. “Liberty Parkway” designated.

  1. The municipal bypass south of Lexington connecting Mississippi Highways 17 and 12 is designated and shall be known as “Liberty Parkway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such bypass.

HISTORY: Laws, 2004, ch. 541, § 2, eff from and after passage (approved May 13, 2004.).

§ 65-3-71.87. “Alton A. (Dolph) Kellar Memorial Highway” designated.

  1. That portion of Mississippi Highway 43 located in Hancock County beginning at its intersection with Mississippi Highway 603 and extending northerly and westerly to the Hancock/Pearl River county line is designated and shall be known as the “Alton A. (Dolph) Kellar Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2004, ch. 592, § 1, eff from and after passage (approved May 27, 2004.).

§ 65-3-71.88. “Lance Corporal Roy M. Wheat Memorial Highway” designated.

  1. That portion of Interstate Highway 59 located in Forrest County and in Jones County from the Forrest/Jones County line northerly to its intersection with 16th Avenue within the City of Laurel is designated and shall be known as the “Lance Corporal Roy M. Wheat Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2004, ch. 592, § 2; Laws, 2013, ch. 544, § 2; Laws, 2016, ch. 374, § 2, eff from and after July 1, 2016.

Amendment Notes —

The 2013 amendment substituted “Forrest County and in Jones County from the Forrest/Jones County line northerly to its intersection with 16th Street within the City of Laurel” for “Forrest and Jones Counties” in (1).

The 2016 amendment, in (1), substituted “16th Avenue” for “16th Street.”

§ 65-3-71.89. “Joe Mitch McElwain Memorial Highway” designated.

  1. Mississippi Highway 773 located in Tippah County is designated and shall be known as the “Joe Mitch McElwain Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway described in subsection (1) of this section.

HISTORY: Laws, 2004, ch. 592, § 3, eff from and after passage (approved May 27, 2004.).

§ 65-3-71.90. “Korean War Veterans Memorial Highway” designated.

  1. U.S. Highway 80 within the State of Mississippi is designated and shall be known as the “Korean War Veterans Memorial Highway” in honor and memory of and in gratitude, recognition and appreciation for sacrifices and contributions made by the veterans of the Korean War.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching U.S. Highway 80.

HISTORY: Laws, 2005, ch. 303, § 1, eff from and after passage (approved Feb. 22, 2005.).

§ 65-3-71.91. “David Bonds Memorial Highway” designated.

  1. That portion of Mississippi Highway 25 located in Tishomingo County is designated and shall be known as the “David Bonds Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2005, ch. 320, § 1, eff from and after passage (approved Mar. 14, 2005.).

§ 65-3-71.92. “J.P. Woods Memorial Highway” designated.

  1. That portion of Mississippi Highway 309 in Marshall County beginning at the community of Watson and extending northerly to the Mississippi/Tennessee state line, is designated and shall be known as the “J.P. Woods Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2005, ch. 348, § 1, eff from and after passage (approved Mar. 14, 2005.).

§ 65-3-71.93. “Veterans Memorial Highway” designated.

  1. That segment of U.S. Highway 84 located in Jones County beginning from 16th Avenue within the corporate limits of Laurel and extending westerly to the Jones/Covington county line is designated and shall be known as the “Veterans Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1).

HISTORY: Laws, 2005, ch. 418, § 1, eff from and after July 1, 2005.

§ 65-3-71.94. “Deputy Len J. Rowell Memorial Highway” designated.”

  1. The southbound lane of Interstate 59 in Pearl River County near mile-marker 35 is designated and shall be known as the “Deputy Len J. Rowell Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of the highway described in subsection (1).

HISTORY: Laws, 2005, ch. 418, § 2; Laws, 2015, ch. 379, § 1, eff from and after passage (approved Mar. 18, 2015).

Amendment Notes —

The 2015 amendment in (1), substituted “southbound lane of” for “overpass located at exit 35 on,” inserted “near mile-marker 35” and substituted “Highway” for “Bridge” at the end; substituted “segment of the highway” for “overpass” in (2).

§ 65-3-71.95. “Chaney, Goodman and Schwerner Memorial Highway” designated.

  1. That segment of Mississippi Highway 19 located in Neshoba County beginning at the corporate limits of Philadelphia in Neshoba County and extending southeasterly to the Neshoba/Newton county line is designated and shall be known as the “Chaney, Goodman and Schwerner Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway.

HISTORY: Laws, 2005, ch. 418, § 3, eff from and after July 1, 2005.

§ 65-3-71.96. “Emmitt Till Memorial Highway” designated.

  1. That segment of U.S. Highway 49E located in Leflore and Tallahatchie Counties beginning at the intersection of U.S. Highway 49E and U.S. Highway 82 and extending to the intersection of U.S. Highway 49E and Mississippi Highway 3 is designated and shall be known as the “Emmitt Till Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway.

HISTORY: Laws, 2005, ch. 418, § 4, eff from and after July 1, 2005.

§ 65-3-71.97. “Joe A. Waggoner Memorial Highway” designated.

  1. That portion of Mississippi Highway 43 located in Leake, Madison and Rankin Counties beginning at the western corporate limits of the town of Sandhill, in Rankin County, and extending northerly to the Leake/Attala County line, is designated and shall be known as the “Joe A. Waggoner Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate markers along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2005, ch. 490, § 1, eff from and after passage (approved Apr. 19, 2005.).

§ 65-3-71.98. “Heroes Trail” designated.

  1. That portion of Mississippi Highway 472 in Copiah County beginning at Shady Grove Church and extending easterly to Rock Port Road is designated and shall be known as “Heroes Trail.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2005, ch. 524, § 1, eff from and after passage (approved Apr. 20, 2005.).

§ 65-3-71.99. “Officer Ronald Wayne Jones Memorial Highway” designated.

  1. That portion of U.S. Highway 84 located in Jefferson Davis County is designated and shall be known as the “Officer Ronald Wayne Jones Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2005, ch. 524, § 2, eff from and after passage (approved Apr. 20, 2005.).

§ 65-3-71.100. “Amie Ewing Memorial Highway” designated.

  1. That portion of Mississippi Highway 6 within the corporate limits of Oxford, Lafayette County, between the Old Taylor Road Exit and the South Lamar Exit is designated and shall be known as “Amie Ewing Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2005, ch. 524, § 3, eff from and after passage (approved Apr. 20, 2005.).

§ 65-3-71.101. “S.A. (Junior) Hancock Memorial Interchange” designated.

  1. The interchange located at the intersection of Mississippi Highway 6 and the Natchez Trace Parkway in Lee County is designated and shall be known as the “S.A. (Junior) Hancock Memorial Interchange.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs approaching the interchange from the east and west that shall include the following: “S.A. (Junior) Hancock devoted his life to the completion of the Natchez Trace Parkway. His goal was achieved on May 21, 2005.”

HISTORY: Laws, 2006, ch. 310, § 1, eff from and after July 1, 2006.

§ 65-3-71.102. “Albert B. Shows Memorial Highway” designated.

  1. That segment of U.S. Highway 29 in Jones County, beginning at the Jones/Perry County line and extending to the southern city limits of Ellisville is designated and shall be known as the “Albert B. Shows Memorial Highway.”
    1. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.
    2. The Mississippi Department of Transportation is directed to relocate the signage placed by the cemetery at the southern city limits of Ellisville on Mississippi Highway 29 to approximately one hundred (100) yards south of Augusta Road on the Interstate 59 and Mississippi Highway 590 bypass.

HISTORY: Laws, 2006, ch. 310, § 2; Laws, 2013, ch. 314, § 1, eff from and after passage (approved Mar. 7, 2013).

Amendment Notes —

The 2013 amendment inserted the subdivision designator (a) in (2) and added (2)(b).

§ 65-3-71.103. “Joe Pope Boulevard” designated.

  1. That segment of Mississippi Highway 1 within the corporate limits of the City of Rosedale, Bolivar County, is designated and shall be known as “Joe Pope Boulevard.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway.

HISTORY: Laws, 2006, ch. 493, § 2, eff from and after July 1, 2006.

§ 65-3-71.104. “J.O. Southward, Jr., Memorial Highway” designated.

  1. That segment of Mississippi Highway 30 lying in Tishomingo County beginning at the Prentiss/Tishomingo county line and extending to the entrance road of the Natchez Trace Parkway shall be designated and known as the “J.O. Southward, Jr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2007, ch. 308, § 1, eff from and after July 1, 2007.

§ 65-3-71.105. “Birdia Keglar Memorial Highway” designated.

  1. That portion of Mississippi Highway 35 in Tallahatchie County beginning at the northern corporate boundaries of the City of Charleston and extending northerly to the Tallahatchie/Panola county line is designated and shall be known as the “Birdia Keglar Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2007, ch. 387, § 1, eff from and after passage (approved Mar. 15, 2007.).

§ 65-3-71.106. “Veterans Drive” designated.

  1. That portion of Mississippi Highway 145 within the City of Aberdeen, beginning at its intersection with Mississippi Highway 8 and extending northwesterly to U.S. Highway 45, is designated and shall be known as “Veterans Drive.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2007, ch. 408, § 1, eff from and after passage (approved Mar. 16, 2007.).

§ 65-3-71.107. “Randy Chancellor Memorial Highway” designated.

  1. Mississippi Highway 537 located in Jones County is designated and shall be known as the “Randy Chancellor Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2007, ch. 411, § 1, eff from and after passage (approved Mar. 16, 2007.).

§ 65-3-71.108. “State Trooper Ralph Newell Memorial Highway” designated.

  1. That portion of U.S. Highway 49 in Covington County beginning one (1) mile south of its intersection with Mississippi Highway 35 and extending northwesterly for two (2) miles is designated and shall be known as the “State Trooper Ralph Newell Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2007, ch. 545, § 1, eff from and after passage (approved Apr. 18, 2007.).

§ 65-3-71.109. “Richard Wright Memorial Highway” designated.

  1. That portion of U.S. Highway 84 in Adams County, beginning at its intersection with Hobo Forks and extending easterly to the Adams/Franklin County line, designated and shall be known as the “Richard Wright Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 302, § 1, eff from and after passage (approved Feb. 21, 2008.).

§ 65-3-71.110. Bridge on Mississippi Highway 9 spanning Skuna River in Calhoun County designated “Military Order of the Purple Heart, Department of Mississippi, Memorial Bridge.”

  1. That bridge on Mississippi Highway 9 in Calhoun County that spans the Skuna River is designated and shall be known as the “Military Order of the Purple Heart, Department of Mississippi, Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate plaques at each end of the bridge described in subsection (1) of this section, and suitable markers along and approaching the bridge, reflecting its name.

HISTORY: Laws, 2007, ch. 545, § 3, eff from and after passage (approved Apr. 18, 2007.).

§ 65-3-71.111. “Hilton ‘Ike’ Shoemake Memorial Highway” designated.

  1. That portion of U.S. Highway 84 in Wayne County beginning at the Jones/Wayne County line and extending easterly to its intersection with Pleasant Grove-Strengthford Road, is designated and shall be known as the “Hilton ‘Ike’ Shoemake Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 344, § 1, eff from and after passage (approved Mar. 26, 2008.).

§ 65-3-71.112. “Dudley R. Bozeman Memorial Highway” designated.

  1. Proposed new Mississippi Highway 22 Alternate in Hinds and Madison Counties beginning at or near Edwards and extending northeasterly to or near Canton shall be designated and shall be known, upon completion, as the “Dudley R. Bozeman Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 345, § 1, eff from and after passage (approved Mar. 26, 2008.).

§ 65-3-71.113. “Dr. Gilbert R. Mason, Sr., Memorial Highway” designated.

  1. That portion of U.S. Highway 90 in the City of Biloxi beginning at Rodenberg Avenue and extending easterly to Porter Avenue, is designated and shall be known as the “Dr. Gilbert R. Mason, Sr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 346, § 1, eff from and after passage (approved Mar. 26, 2008.).

§ 65-3-71.114. “Cpl. Dustin Jerome Lee Memorial Highway” designated.

  1. Mississippi Highway 393 in Winston County is designated and shall be known as the “Cpl. Dustin Jerome Lee Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 347, § 1, eff from and after passage (approved Mar. 26, 2008.).

§ 65-3-71.115. “James C. Simpson, Sr., Memorial Highway” designated.

  1. That portion of U.S. Highway 90 in the City of Pass Christian between Davis Avenue and Market Street is designated and shall be known as the “James C. Simpson, Sr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 349, § 1, eff from and after passage (approved Mar. 26, 2008.).

§ 65-3-71.116. “James ‘Diddio’ McDaniel and Stayce Wilkinson Memorial Highway” designated.

  1. That portion of Mississippi Highway 16 in Yazoo County beginning at the Big Black River and extending northwesterly to its intersection with U.S. Highway 49 is designated and shall be known as the “James ‘Diddio’ McDaniel and Stayce Wilkinson Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 350, § 1, eff from and after passage (approved Mar. 26, 2008.).

§ 65-3-71.117. “Dr. W.W. Walley Memorial Highway” designated.

  1. That portion of U.S. Highway 84 in Wayne County beginning at its intersection with Mississippi Highway 184 and extending northeasterly to the Mississippi/Alabama state line is designated and shall be known as the “Dr. W.W. Walley Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 351, § 1, eff from and after passage (approved Mar. 26, 2008.).

§ 65-3-71.118. “Billy Lancaster Memorial Highway” designated.

  1. That portion of U.S. Highway 51 in Montgomery County beginning at the northern corporate limits of the City of Winona and extending northerly to the Montgomery/Grenada County line is designated and shall be known as the “Billy Lancaster Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 371, § 1, eff from and after passage (approved Mar. 31, 2008.).

§ 65-3-71.119. “Mallory-Davis Memorial Highway” designated.

  1. That portion of Mississippi Highway 12 in Holmes County beginning at the eastern corporate limits of the City of Lexington and extending easterly to the corporate limits of the City of Durant is designated and shall be known as the “Mallory-Davis Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 376, § 1, eff from and after passage (approved Mar. 31, 2008.).

§ 65-3-71.120. “W.C. ‘Bill’ Hancock Memorial Highway” designated.

  1. That portion of Mississippi Highway 305 in Tate County from its intersection with Mississippi 306 to its intersection with Pryor Road shall be known as the “W.C. ‘Bill’ Hancock Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching such highway.

HISTORY: Laws, 2008, ch. 482, § 1, eff from and after passage (approved Apr. 14, 2008.).

§ 65-3-71.121. “James Arnold Flowers Highway” designated.

  1. That portion of U.S. Highway 184 in Jones County beginning one-half (1/2) mile east of I-59 and extending easterly to its intersection with U.S. Highway 84 is designated and shall be known as the “James Arnold Flowers Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 482, § 2, eff from and after passage (approved Apr. 14, 2008.).

§ 65-3-71.122. “Judith Toups Least Tern Highway” designated.

  1. That portion of U.S. Highway 90 within the City of Gulfport between Cowan Road and Debuys Road is designated and shall be known as the “Judith Toups Least Tern Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 490, § 1, eff from and after passage (approved Apr. 15, 2008.).

§ 65-3-71.123. “Major Michael Green Memorial Highway” designated.

  1. That portion of U.S. Highway 90 in the City of Gautier between Oak Street and Shamrock Court is designated and shall be known as the “Major Michael Green Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 490, § 2, eff from and after passage (approved Apr. 15, 2008.).

§ 65-3-71.124. “Highway 61, the Blues Highway” designated.

  1. U.S. Highway 61 in the State of Mississippi is designated and shall be known as “Highway 61, the Blues Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway described in subsection (1) of this section.

HISTORY: Laws, 2008, ch. 510, § 1, eff from and after passage (approved May 7, 2008.).

§ 65-3-71.125. “Juanell Lollar Memorial Highway” designated.

  1. That portion of U.S. Highway 82 in Montgomery County beginning at the western corporate limit of the Town of Kilmichael and extending easterly to the eastern corporate limit of the Town of Kilmichael, is designated and shall be known as the “Juanell Lollar Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2009, ch. 304, § 1, eff from and after July 1, 2009.

§ 65-3-71.126. “Charles H. Mason Memorial Highway” designated.

  1. That segment of Mississippi Highway 17 in Holmes County beginning at the northern corporate boundary of Lexington and extending northerly to its intersection with Bellbottom Road, is designated and shall be known as the “Charles H. Mason Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2009, ch. 309, § 1, eff from and after July 1, 2009.

§ 65-3-71.127. “John Stewart Watson Memorial Highway” designated.

That Mississippi State Highway No. 17, running from Pickens in Holmes County to Carrollton in Carroll County, excluding that segment in Holmes County beginning at the northern corporate boundary of Lexington and extending northerly to its intersection with Bellbottom Road, is hereby designated the John Stewart Watson Memorial Highway; and the Highway Department of the State of Mississippi is hereby directed to appropriately mark such highway with suitable memorial markers in accordance with the provisions of this section.

HISTORY: Laws, 1954, ch. 299, § 1; Laws, 2009, ch. 309, § 2, eff from and after July 1, 2009.

Editor’s Notes —

This section has been codified at the direction of Co-Counsel for The Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

§ 65-3-71.128. “Corporal James Calvin ‘Jamie’ Walker Memorial Highway” designated.

  1. That segment of U.S. Highway 84 in Wayne County beginning at its westernmost intersection with Mississippi Highway 184 and extending westerly to its intersection with John Dykes Road, is designated and shall be known as the “Corporal James Calvin ‘Jamie’ Walker Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2009, ch. 310, § 1, eff from and after July 1, 2009.

§ 65-3-71.129. “Lieutenant Robert J. Curry Memorial Highway” designated.

  1. That portion of U.S. Highway 49 beginning at the intersection with Community Road and extending northerly to its intersection with Dedeaux Road is designated and shall be known as the “Lieutenant Robert J. Curry Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2009, ch. 312, § 1, eff from and after passage (approved Mar. 3, 2009.).

§ 65-3-71.130. “David R. Brown Memorial Bridge” designated.

  1. That bridge on Interstate 59 in the City of Laurel in Jones County between Beacon Street to the south of the bridge and Fourth Avenue to the north of the bridge shall be known as the “David R. Brown Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate plaques at each end of the bridge, and suitable markers along and approaching the bridge, reflecting its name.

HISTORY: Laws, 2009, ch. 313, § 1, eff from and after July 1, 2009.

§ 65-3-71.131. “William W. ‘Bill’ Ramsey Memorial Highway” designated.

  1. That segment of Mississippi Highway 465 in Warren County beginning at its intersection with U.S. Highway 61 and extending westerly to its easternmost intersection with the Issaquena County line, is designated and shall be known as the “William W. ‘Bill’ Ramsey Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2009, ch. 314, § 1, eff from and after July 1, 2009.

§ 65-3-71.132. “Leo W. Seal, Jr., Memorial Bridge” designated.

  1. The bridge on U.S. Highway 90 in Mississippi that spans the Gulf of Mexico and St. Louis Bay between the municipalities of Bay St. Louis and Pass Christian is designated and shall be known as the “Leo W. Seal, Jr., Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs and markers along and approaching, and at each end of, the bridge described in subsection (1) of this section, reflecting its name and the contributions made by the late Mr. Seal as a prominent economic development leader of the Mississippi Gulf Coast and a dedicated philanthropist and supporter of education throughout the state.

HISTORY: Laws, 2009, ch. 315, § 1, eff from and after passage (approved Mar. 3, 2009.).

§ 65-3-71.133. “Officer Larry DeWayne Lee Memorial Highway” designated.

  1. That portion of Interstate 10 within the corporate limits of the City of Moss Point from Mississippi Highway 63 to Veterans Memorial Bridge is designated and shall be known as “Officer Larry DeWayne Lee Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the portion of highway described in subsection (1).

HISTORY: Laws, 2009, ch. 351, § 1, eff from and after July 1, 2009.

§ 65-3-71.134. “Louis Jackson Boulevard” designated.

  1. That portion of Mississippi Highway 63 within the corporate limits of the City of Moss Point is designated and shall be known as “Louis Jackson Boulevard.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the portion of highway described in subsection (1).

HISTORY: Laws, 2009, ch. 423, § 1, eff from and after July 1, 2009.

§ 65-3-71.135. “Jackson County Veterans Memorial Bridge” designated.

  1. The bridge on U.S. Highway 90 in Jackson County that spans the East Pascagoula River is designated and shall be known as the “Jackson County Veterans Memorial Bridge.”
  2. The Transportation Department shall erect and maintain an appropriate plaque at each end of the bridge and suitable markers along and approaching the bridge.

HISTORY: Laws, 2009, ch. 453, § 3, eff from and after July 1, 2009.

§ 65-3-71.136. “Veterans Memorial Bypass” designated.

  1. That portion of U.S. Highway 82 that bypasses the City of Columbus from its intersection with U.S. Highway 45 South and extending easterly to the Mississippi/Alabama line is designated and shall be known as the “Veterans Memorial Bypass.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2009, ch. 453, § 4, eff from and after July 1, 2009.

§ 65-3-71.137. “George ‘Happy’ Irby Parkway” designated.

  1. That portion of Mississippi Highway 786 in Lowndes County beginning at U.S. Highway 45 and extending to the gate of the Columbus Air Force Base is designated and shall be known as the “George ‘Happy’ Irby Parkway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2009, ch. 453, § 5, eff from and after July 1, 2009.

§ 65-3-71.138. “Van T. Barfoot Medal of Honor Highway” designated.

  1. That portion of Mississippi Highway 16 in Leake County beginning at the intersection of Mississippi Highway 16 and Mississippi Highway 35 and extending easterly to the Leake/Neshoba county line is designated and shall be known as “Van T. Barfoot Medal of Honor Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the portion of highway described in subsection (1).

HISTORY: Laws, 2009, ch. 453, § 6, eff from and after July 1, 2009.

Cross References —

Signs designating memorial highways named after recipients of the Congressional Medal of Honor to include the words “Congressional Medal of Honor Recipient,” see §65-7-173.

§ 65-3-71.139. “Manning Boulevard” designated.

  1. That portion of U.S. Highway 49-W within the corporate limits of the City of Drew is designated and shall be known as “Manning Boulevard.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the portion of highway described in subsection (1).

HISTORY: Laws, 2009, ch. 453, § 7, eff from and after July 1, 2009.

§ 65-3-71.140. “Jack Lucas Medal of Honor Memorial Highway” designated.

  1. That portion of U.S. Highway 49 in Forrest County beginning at the intersection of U.S. Highway 49 and Hardy Street in Hattiesburg and extending southerly to the Forrest/Stone county line is designated and shall be known as “Jack Lucas Medal of Honor Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the portion of highway described in subsection (1).

HISTORY: Laws, 2009, ch. 466, § 1, eff from and after July 1, 2009.

Cross References —

Signs designating memorial highways named after recipients of the Congressional Medal of Honor to include the words “Congressional Medal of Honor Recipient,” see §65-7-173.

§ 65-3-71.141. “Phyllis Hawkins Harper Interchange” designated.

  1. The Dorsey-Fawn Grove intersection in Itawamba County on United States Highway 78 (future I-22) shall be known as “Phyllis Hawkins Harper Interchange.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the intersection described in subsection (1).

HISTORY: Laws, 2009, ch. 466, § 2, eff from and after July 1, 2009.

§ 65-3-71.142. “Donald R. Chambliss, Sr. Memorial Highway” designated.

  1. That portion of Mississippi Highway 302, known as Goodman Road, within the corporate limits of the City of Southaven is designated and shall be known as the “Donald R. Chambliss, Sr. Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the portion of highway described in subsection (1).

HISTORY: Laws, 2009, ch. 541, § 2, eff from and after passage (approved Apr. 15, 2009.).

§ 65-3-71.143. “Bobby H. Johnson Memorial Highway” designated.

  1. That portion of U.S. Highway 72 within the corporate limits of the Town of Burnsville is designated and shall be known as the “Bobby H. Johnson Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the portion of highway described in subsection (1).

HISTORY: Laws, 2009, ch. 541, § 3, eff from and after passage (approved Apr. 15, 2009.).

§ 65-3-71.144. Memorial intersection for Jack Lewis Dudley designated.

  1. The intersection of U.S. Highway 45 and Mississippi Highway 16 in Scooba, Mississippi, is designated as a memorial intersection for Jack Lewis Dudley.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs at the intersection to read as follows: “Birthplace of World Champion Turkey Caller Jack Lewis Dudley.”

HISTORY: Laws, 2009, ch. 541, § 4, eff from and after passage (approved Apr. 15, 2009.).

§ 65-3-71.145. “Representative Fred Dobbins Memorial Highway” designated.

  1. That segment of Mississippi Highway 63 in Greene County located within one-half (1/2) mile north and south of the entrance to the Southeast Mississippi Correctional Institution, is designated and shall be known as the “Representative Fred Dobbins Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 331, § 1, eff from and after July 1, 2010.

§ 65-3-71.146. “John W. Shaw, Sr., Memorial Highway” designated.

  1. That segment of Mississippi Highway 310 in Marshall County beginning at its intersection with Mississippi Highway 7 and extending southerly to the Lafayette County line, is designated and shall be known as the “John W. Shaw, Sr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 333, § 1, eff from and after July 1, 2010.

§ 65-3-71.147. “Dr. T.R.M. Howard Memorial Highway” designated.

  1. That segment of Mississippi Highway 161 in Bolivar County beginning at its intersection with the northern corporate limits of the City of Mound Bayou and extending southerly to the southern corporate limits of the City of Mound Bayou, is designated and shall be known as the “Dr. T.R.M. Howard Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 333, § 2, eff from and after July 1, 2010.

§ 65-3-71.148. “Jeffery Rugheimer Memorial Highway” designated.

  1. That segment of U.S. Highway 90 in the City of Pascagoula from Pascagoula Street to 14th Street is designated and shall be known as the “Jeffery Rugheimer Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 443, § 1, eff from and after July 1, 2010.

§ 65-3-71.149. “Nathaniel Smith, Jr. Memorial Highway” designated.

  1. That segment of U.S. Highway 90 in the City of Pascagoula from 14th Street to Chicot Street is designated and shall be known as the “Nathaniel Smith, Jr. Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 443, § 2, eff from and after July 1, 2010.

§ 65-3-71.150. “Terry Micheal Byrd Memorial Highway” designated.

  1. That segment of U.S. Highway 90 in the City of Pascagoula from Chicot Street to Mississippi Highway 611 is designated and shall be known as the “Terry Micheal Byrd Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 443, § 3, eff from and after July 1, 2010.

§ 65-3-71.151. “Tammy Wynette Memorial Highway” designated.

  1. That segment of Mississippi Highway 23 in Itawamba County beginning at its intersection with Mississippi Highway 178 and extending northerly to the Mississippi/Alabama state line is designated and shall be known as the “Tammy Wynette Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 444, § 1, eff from and after July 1, 2010.

§ 65-3-71.152. “Ken Lundberg Memorial Highway” designated.

  1. That segment of U.S. Highway 51 in Grenada County beginning at its intersection with Mississippi Highway 8 and extending to the southern corporate limits of the City of Grenada is designated and shall be known as the “Ken Lundberg Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 445, § 1, eff from and after July 1, 2010.

§ 65-3-71.153. “Veteran’s Memorial Bridge” designated.

  1. That bridge located on D’Iberville Boulevard, also identified as Old Mississippi Highway 67, in Harrison County that traverses over Interstate 10 is designated and shall be known as the “Veteran’s Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching, and at each end of, the bridge described in subsection (1) of this section.

HISTORY: Laws, 2010, ch. 445, § 2, eff from and after July 1, 2010.

§ 65-3-71.154. “Dr. Aaron E. Henry Memorial Highway” designated.

  1. That segment of Mississippi Highway 161 in Coahoma County beginning at its northern county line and extending southerly to its southern county line, is designated and shall be known as the “Dr. Aaron E. Henry Memorial Highway.”
  2. The segment of U.S. Highway 61 in Coahoma County, Mississippi, beginning at its northern intersection with Mississippi Highway 161 and extending southerly to its southern intersection with Mississippi Highway 161, is designated and shall be known as the “Dr. Aaron E. Henry Memorial Highway.”
  3. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsections (1) and (2) of this section.

HISTORY: Laws, 2010, ch. 549, § 1; Laws, 2016, ch. 375, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment added (2), redesignated former (2) as (3), and therein substituted “subsections (1) and (2)” for “subsection (1).”

§ 65-3-71.155. “Staff Sergeant Mark Haskin Eaton Memorial Highway” designated.

  1. That segment of Mississippi Highway 531 within Smith County, Mississippi, beginning at its intersection with Mississippi 28 and extending to the Smith/Jasper county line shall be known and designated as the “Staff Sergeant Mark Haskin Eaton Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 305, § 1, eff from and after passage (approved Feb. 22, 2011.).

§ 65-3-71.156. “Euclatubba Memorial Crossing” designated.

  1. That bridge which is constructed over U.S. Highway 45 at Euclatubba Road in Lee County is designated and shall be known as the “Euclatubba Memorial Crossing.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs approaching each end of the bridge described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 318, § 1, eff from and after July 1, 2011.

§ 65-3-71.157. “The Gulf Ordnance Plant Memorial Highway” designated.

  1. That segment of Mississippi Highway 382 in Monroe County beginning at its intersection with U.S. Alternate Highway 45 and extending easterly to its intersection with Mississippi Highway 25, is designated and shall be known as “The Gulf Ordnance Plant Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 320, § 1, eff from and after July 1, 2011.

§ 65-3-71.158. “Dr. Walter Washington Memorial Parkway” designated.

  1. That segment of Mississippi Highway 552 that lies within Jefferson and Claiborne Counties is designated and shall be known as the “Dr. Walter Washington Memorial Parkway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 320, § 2, eff from and after July 1, 2011.

§ 65-3-71.159. “Trooper Steve Hood Memorial Highway” designated.

  1. That segment of Mississippi Highway 370 in Lee County beginning at the western boundary line of the City of Baldwyn and extending westerly to its intersection with Brices Cross Roads, is designated and shall be known as the “Trooper Steve Hood Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 319, § 1, eff from and after July 1, 2011.

§ 65-3-71.160. “Trooper Steve Gardner Memorial Highway” designated.

  1. That segment of U.S. Highway 51 in Copiah County beginning at its intersection with the northern corporate limits of the City of Hazlehurst and extending southerly to its intersection with Sinclair Street, is designated and shall be known as the “Trooper Steve Gardner Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 319, § 2, eff from and after July 1, 2011.

§ 65-3-71.161. “Blue Star Highway” designated.

  1. That segment of Mississippi Highway 198 in Greene County beginning at its intersection with U.S. Highway 98 and extending southeasterly to its intersection with Mississippi Highway 57, is designated and shall be known as the “Blue Star Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 316, § 1, eff from and after July 1, 2011.

§ 65-3-71.162. “Rev. George W. Lee Memorial Highway” designated.

  1. That segment of U.S. Highway 49W that lies within Humphreys County, is designated and shall be known as the “Rev. George W. Lee Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 315, § 1, eff from and after July 1, 2011.

§ 65-3-71.163. “Mickey Gene Johnson Memorial Highway” designated.

  1. That segment of Mississippi Highway 25 within the corporate limits of the Town of Belmont, Mississippi, shall be known and designated as the “Mickey Gene Johnson Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 336, § 1, eff from and after July 1, 2011.

§ 65-3-71.164. “Mississippi Gold Star Memorial Highway” designated.

  1. That segment of U.S. Interstate 59 beginning at Exit 5 in the City of Picayune and extending northerly to the southern corporate limits of the City of Hattiesburg shall be known and designated as the “Mississippi Gold Star Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 335, § 1, eff from and after July 1, 2011.

§ 65-3-71.165. Mississippi Highway 6 in Pontotoc County designated “Military Order of the Purple Heart Highway.”

  1. That segment of Mississippi Highway 6 within Pontotoc County, Mississippi, shall be known and designated as the “Military Order of the Purple Heart Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 334, § 1, eff from and after July 1, 2011.

Editor's Notes —

This section heading has been amended, as set out above, with the approval of the co-counsel for the Joint Legislative Committee of Compilation, Revision and Publication of Legislation.

§ 65-3-71.166. “Martin Luther King, Jr. Memorial Highway” designated.

  1. That segment of U.S. Highway 51 within the corporate limits of the Town of Coldwater, Mississippi, shall be known and designated as “Martin Luther King, Jr. Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 333, § 1, eff from and after July 1, 2011.

§ 65-3-71.167. “Sgt. Todd Partridge Memorial Highway” designated.

  1. That segment of U.S. Highway 84 within Adams County, Mississippi, shall be known and designated as “Sgt. Todd Partridge Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 332, § 1, eff from and after July 1, 2011.

§ 65-3-71.168. “Jefferson ‘Carl’ Monk, Jr. Memorial Highway” designated.

  1. That segment of Mississippi Highway 11 within Jones County, Mississippi, beginning at the intersection of Mississippi Highway 11 North and Magnolia/Eratta Road and extending to its intersection at the Jones/Jasper County line shall be known and designated as “Jefferson ‘Carl’ Monk, Jr. Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 331, § 1, eff from and after July 1, 2011.

§ 65-3-71.169. “Chaplin Clark Polling Memorial Highway” designated.

  1. That a certain segment of highway adjacent to Camp Shelby shall be known and designated as “Chaplin Clark Polling Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 328, § 1, eff from and after July 1, 2011.

§ 65-3-71.170. “Roger D. Moore Memorial Highway” designated.

  1. That segment of Mississippi Highway 366 within Tishomingo County, Mississippi, beginning at its intersection with Mississippi 25 in the Town of Belmont and extending to North Patterson Street in the Town of Golden shall be known and designated as “Roger D. Moore Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2011, ch. 330, § 1, eff from and after July 1, 2011.

§ 65-3-71.171. “Willye B. White Memorial Highway” designated.

  1. That segment of U.S. Highway 49E beginning at the southern corporate limits of the City of Greenwood and extending southerly to the Town of Sidon shall be known and designated as the “Willye B. White Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of the highway.

HISTORY: Laws, 2011, ch. 487, § 1, eff from and after July 1, 2011.

§ 65-3-71.172. “‘Mr. & Mrs. E.H. Sumner Memorial Highway” designated.

  1. That segment of U.S. Highway 82 located in Montgomery County beginning with its intersection with the Montgomery/Webster County line and extending westerly three and one-fourth (3-1/4) miles is designated and shall be known as the “Mr. & Mrs. E.H. Sumner Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 487, § 2, eff from and after July 1, 2011.

§ 65-3-71.173. “A.C. Hillman Highway” designated.

  1. That segment of U.S. Highway 98 located in George County beginning with its intersection with Mississippi Highway 198 and extending northerly to its intersection with the George/Greene County line, is designated and shall be known as the “A.C. Hillman Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 487, § 3, eff from and after July 1, 2011.

§ 65-3-71.174. “William S. ‘Seth’ Ricketts Memorial Highway” designated.

  1. That segment of U.S. Highway 72 located in Alcorn County within the town limits of the Town of Glen, is designated and shall be known as the “William S. ‘Seth’ Ricketts Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 487, § 4, eff from and after July 1, 2011.

§ 65-3-71.175. “Coach Sim Cooley Memorial Highway” designated.

  1. That segment of U.S. Highway 11 located in Jones County beginning with its intersection with the southern town limits of the Town of Sandersville and extending northerly to its intersection with Main Street, is designated and shall be known as the “Coach Sim Cooley Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 487, § 5, eff from and after July 1, 2011.

§ 65-3-71.176. “Walter W. Jack, Jr., Memorial Highway” designated.

  1. That segment of U.S. Highway 11 located in Jones County beginning with its intersection with Main Street in the Town of Sandersville and extending northerly to its intersection with the northern town limits of the Town of Sandersville, is designated and shall be known as the “Walter W. Jack, Jr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2011, ch. 487, § 6, eff from and after July 1, 2011.

§ 65-3-71.177. “Jack Cristil Highway” designated.

  1. That segment of U.S. Highway 82, also known as the 82 Bypass, located within the corporate limits of the City of Starkville shall be known and designated as the “Jack Cristil Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway.

HISTORY: Laws, 2011, ch. 487, § 7, eff from and after July 1, 2011.

§ 65-3-71.178. “Coach Ben B. James Sr. Memorial Highway” designated.

  1. That segment of U.S. Highway 84 in Covington County beginning at the eastern corporate limits of the City of Collins and extending easterly to the intersection of Mississippi Highway 588 and Salem School Road is designated and shall be known as the “Coach Ben B. James Sr. Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2012, ch. 304, § 1, eff from and after July 1, 2012.

§ 65-3-71.179. “Carl J. ‘Jack’ Gordon, Jr. Memorial Highway” designated.

  1. That portion of Mississippi Highway 245 in Chickasaw County beginning at the Lee and Chickasaw county line and proceeding southerly to the northern corporate limits of the City of Okolona, is designated and shall be known as the Carl J. “Jack” Gordon, Jr. Memorial Highway.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that portion of Mississippi Highway 245.

HISTORY: Laws, 2012, ch. 314, § 1, eff from and after July 1, 2012.

§ 65-3-71.180. “Martin Luther King, Jr., Memorial Highway” designated.

  1. That segment of Mississippi Highway 51 in Holmes County that lies within the corporate limits of the Town of Goodman, is designated and shall be known as the “Martin Luther King, Jr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 330, § 1, eff from and after July 1, 2012.

§ 65-3-71.181. “William R. ‘Bill’ Minor Memorial Highway” designated.

  1. That segment of highway that is designated as U.S. Highway 78 and will be redesignated as Interstate 22 beginning at the Marshall/DeSoto county line and extending to the Benton/Union county line shall be known and designated as the “William R. ‘Bill’ Minor Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 332, § 1; 333, § 1, eff from and after July 1, 2012.

Editor’s Notes —

Section 1 of Chapter 332, Laws of 2012, contained language that was nearly identical to the language in Section 1 of Chapter 333, Laws of 2012, except for an additional nonsubstantive clause in subsection (2). At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, Section 1 of Chapter 332 has not been codified.

§ 65-3-71.182. “Kevser Ermin Memorial Highway” designated.

  1. That segment of Mississippi Highway 314 in Lafayette County beginning at its intersection with County Road 102 and extending northwesterly for a distance of four and one-half (4-1/2) miles, is designated and shall be known as the “Kevser Ermin Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 361, § 1, eff from and after July 1, 2012.

§ 65-3-71.183. “John Wayne Haddock Memorial Interchange” designated.

  1. The Interstate Highway 55 and Mississippi Highway 8 interchange in Grenada County is designated and shall be known as the “John Wayne Haddock Memorial Interchange.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 358, § 1, eff from and after July 1, 2012.

§ 65-3-71.184. “Anse Dees Memorial Bypass” designated.

  1. The U.S. Highway 82 bypass within Washington County, Mississippi, is designated and shall be known as the “Anse Dees Memorial Bypass.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the bypass.

HISTORY: Laws, 2012, ch. 411, § 1, eff from and after July 1, 2012.

§ 65-3-71.185. “F. Wade Lambert Memorial Highway” designated.

  1. That segment of Mississippi Highway 30 Bypass in Prentiss County and the City of Booneville, Mississippi, beginning at its intersection with U.S. Highway 45 and extending easterly to its intersection with Mississippi Highway 30, is designated and shall be known as the “F. Wade Lambert Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 408, § 1, eff from and after July 1, 2012.

§ 65-3-71.186. “Robert L. Johnson Blues Memorial Highway” designated.

  1. That segment of Interstate Highway 55 in Copiah County beginning at mile marker 59 and extending northerly to mile marker 72, is designated and shall be known as the “Robert L. Johnson Blues Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 535, § 1, eff from and after July 1, 2012.

§ 65-3-71.187. “Richard Alexandra ‘Dickie’ Ware Memorial Highway” designated.

  1. That segment of Mississippi Highway 15 North in Jasper County beginning at the Mississippi Army National Guard Armory and ending at the northern corporate limits of the City of Bay Springs is designated and shall be known as the Richard Alexandra “Dickie” Ware Memorial Highway.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 541, § 1, eff from and after July 1, 2012.

§ 65-3-71.188. “SFC Severin West Summers III Memorial Highway” designated.

  1. That segment of U.S. Highway 61 South in Adams County beginning at its intersection with Kingston Road and extending southerly to its intersection with Hutchins Landing Road, is designated and shall be known as the “SFC Severin West Summers III Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 541, § 2, eff from and after July 1, 2012.

§ 65-3-71.189. Mississippi Highway 6 in Lafayette County designated “Military Order of the Purple Heart Highway.”

  1. That segment of Mississippi Highway 6 within Lafayette County, Mississippi, shall be known and designated as the “Military Order of the Purple Heart Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2012, ch. 541, § 3, eff from and after July 1, 2012.

§ 65-3-71.190. “Robert L. ‘Bob’ Crook Memorial Highway” designated.

  1. That segment of Mississippi Highway 8 in Sunflower County from the city limits of Ruleville, Mississippi, to the east side of the Sunflower River Bridge is designated and shall be known as the Robert L. “Bob” Crook Memorial Highway.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of Mississippi Highway 8.

HISTORY: Laws, 2012, ch. 541, § 4, eff from and after July 1, 2012.

§ 65-3-71.191. “Mississippi Heritage Highway” designated.

  1. U.S. Highway 82 in the State of Mississippi is designated and shall be known as the “Mississippi Heritage Highway.”
  2. The municipalities and counties along the highway shall designate historical sites and events along the Mississippi Heritage Highway to offer to tourists and targeted groups a structured tour of historical sites and events.
  3. The Mississippi Department of Transportation shall purchase appropriate Mississippi Heritage Highway markers from any of its available funds.The texts for the historical markers shall be approved by the department and the department shall erect and maintain the markers.

HISTORY: Laws, 2012, ch. 541, § 5, eff from and after July 1, 2012.

§ 65-3-71.192. “Veterans’ Memorial Highway” designated.

  1. That segment of Mississippi Highway 15 within Chickasaw County and the corporate limits of the City of Houston is designated and shall be known as the “Veterans’ Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2012, ch. 408, § 2, eff from and after July 1, 2012.

§ 65-3-71.193. “Blue Star Memorial Highway” designated.

  1. That portion of Mississippi Highway 25 and Mississippi 15 that converges and overlaps within the corporate limits of the City of Louisville, Mississippi, is designated as “Blue Star Memorial Highway” in honor and in gratitude and appreciation for the contributions and sacrifices of the Armed Forces that have defended the United States of America.
  2. The Mississippi Department of Transportation shall erect suitable markers along that portion of highway described in subsection (1) of this section.

HISTORY: Laws, 2013, ch. 315, § 1, eff from and after passage (approved Mar. 7, 2013).

§ 65-3-71.194. Mississippi Highway 6 in Lee County designated “Military Order of the Purple Heart Highway.”

  1. That segment of Mississippi Highway 6 within Lee County, Mississippi, is designated and shall be known as the “Military Order of the Purple Heart Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2013, ch. 317, § 1, eff from and after July 1, 2013.

§ 65-3-71.195. “Tyler R. Kilsby and Leon Sims Memorial Highway” designated.

  1. That reconstructed segment of Mississippi Highway 11 in Lamar County beginning where Mississippi Highway 11 intersects the Norfolk Southern Railroad and extending one thousand eight hundred forty feet (1,840) is designated and shall be known as the Tyler R. Kilsby and Leon Sims Memorial Highway.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway.

HISTORY: Laws, 2013, ch. 326, § 1, eff from and after July 1, 2013.

§ 65-3-71.196. “Carlos ‘Coach’ McDaniel Memorial Highway” designated.

  1. That segment of Mississippi Highway 590 from U.S. Interstate 59 east to Augusta Road including the Highway 590/29 Bypass in Jones County, is designated and shall be known as the Carlos “Coach” McDaniel Memorial Highway.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of highway.

HISTORY: Laws, 2013, ch. 326, § 2, eff from and after July 1, 2013.

§ 65-3-71.197. “Senator George Cecil McLeod, Jr., Memorial Highway” designated.

  1. That segment of Mississippi Highway 63 beginning at the boundary between George County and Greene County and extending northerly to the overpass at Mississippi Highway 163 is designated and shall be known as the “Senator George Cecil McLeod, Jr., Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2013, ch. 335, § 1, eff from and after July 1, 2013.

§ 65-3-71.198. Mississippi Highway 6 in Panola County designated “Military Order of the Purple Heart Highway.”

  1. That segment of Mississippi Highway 6 within Panola County, Mississippi, shall be known and designated as the “Military Order of the Purple Heart Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2013, ch. 337, § 2, eff from and after passage (approved Mar. 14, 2013).

§ 65-3-71.199. “Wyonie ‘Sonny’ Patterson Memorial Highway” designated.

  1. That segment of Mississippi Highway 29 (Holly Street) beginning at the intersection with U.S. Highway 11 and extending southeasterly to the intersection with Church Street is designated and shall be known as the “Wyonie ‘Sonny’ Patterson Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2013, ch. 375, § 1, eff from and after July 1, 2013.

§ 65-3-71.200. “Lawrence County Veterans Highway” designated.

  1. That segment of U.S. Highway 184 beginning at the intersection with U.S. Highway 84 west of the City of Monticello and extending to the intersection with U.S. Highway 84 east of the City of Monticello is designated and shall be known as the “Lawrence County Veterans Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2013, ch. 374, § 1, eff from and after July 1, 2013.

§ 65-3-71.201. Bridge in City of Natchez designated “Veterans Memorial Bridge.”

  1. That flyover bridge in the Mississippi Department of Transportation Project at the intersection of U.S. Highway 61 and Devereaux Drive in the City of Natchez in Adams County is designated and shall be known as the “Veterans Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain an appropriate plaque at each end of the bridge, and suitable markers along and approaching the bridge, reflecting its name.

HISTORY: Laws, 2013, ch. 377, § 1, eff from and after passage (approved Mar. 20, 2013).

§ 65-3-71.202. “Sergeant Jonathan W. Lambert, U.S.M.C. Memorial Highway” designated.

  1. That segment of Mississippi Highway 4 within Prentiss County, Mississippi, beginning at the Prentiss/Tishomingo County line and extending to the intersection of Mississippi Highway 4 and Mississippi Highway 371 is designated and shall be known as the “Sergeant Jonathan W. Lambert, U.S.M.C. Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2013, ch. 373, § 1, eff from and after July 1, 2013.

§ 65-3-71.203. “Adam Lee Weisenberger Memorial Interchange” designated.

  1. The Gluckstadt interchange on Interstate 55 in Madison County, Mississippi, is designated and shall be known as the “Adam Lee Weisenberger Memorial Interchange.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2013, ch. 393, § 1, eff from and after July 1, 2013.

§ 65-3-71.204. “Arwilla Huff Davison Memorial Highway” designated.

  1. That portion of Interstate Highway 59 located in Jones County from the Jones/Jasper County line southerly to the Beacon Street exit within the City of Laurel is designated and shall be known as the “Arwilla Huff Davison Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs, both within Jones County and within the City of Laurel, along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2013, ch. 544, § 1; brought forward without change, Laws, 2016, ch. 374, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment brought the section forward without change.

§ 65-3-71.205. “Representative William E. ‘Billy’ Bowles Memorial Bridge” designated.

  1. The bridge on Mississippi Highway 15 in Chickasaw County within the City of Houston at its intersection with Mississippi Highway 8 is designated and shall be known as the “Representative William E. “Billy’ Bowles Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs and markers along and approaching, and at each end of, the bridge described in subsection (1) of this section.

HISTORY: Laws, 2013, ch. 561, § 1, eff from and after July 1, 2013.

§ 65-3-71.206. “Jesse Brent Memorial Bridge” designated.

  1. That bridge on Mississippi Highway 82 in Washington County that spans the Mississippi River is designated and shall be known as the “Jesse Brent Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain an appropriate plaque at the Mississippi end of the bridge, and suitable markers along and approaching the bridge, reflecting its name.

HISTORY: Laws, 2014, ch. 329, § 1, eff from and after July 1, 2014.

§ 65-3-71.207. “Oliver Wendell Pinson Memorial Highway” designated.

  1. That segment of Mississippi Highway 364 in Prentiss County beginning at its intersection with Mississippi Highway 365 and extending to its intersection with County Road 2201 is designated and shall be known as the “Oliver Wendell Pinson Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of Mississippi Highway 364.

HISTORY: Laws, 2014, ch. 325, § 1, eff from and after July 1, 2014.

§ 65-3-71.208. “Deputy Chief W.T. ‘Bill’ Martin Memorial Highway” designated.

  1. That segment of Mississippi Highway 51 within Madison County, Mississippi, beginning at the corporate limits of the City of Madison and extending to the intersection of Mississippi Highway 51 and Yandell Road is designated and shall be known as the Deputy Chief W.T. “Bill” Martin Memorial Highway.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of the highway.

HISTORY: Laws, 2014, ch. 313, § 1, eff from and after July 1, 2014.

§ 65-3-71.209. Mississippi Highway 6 within the State of Mississippi designated “Military Order of the Purple Heart Highway.”

  1. Mississippi Highway 6 within the State of Mississippi is designated and shall be known as the “Military Order of the Purple Heart Highway” in honor and gratitude and appreciation for the contributions made by veterans of this state in the defense of and service to this country.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2014, ch. 327, § 1, eff from and after July 1, 2014.

§ 65-3-71.210. Mississippi Highway 492 in the Town of Union designated “Blue Star Memorial Highway.”

  1. That section of Mississippi Highway 492 within the corporate limits of the Town of Union, Mississippi, is designated as the “Blue Star Memorial Highway” in honor and in gratitude and appreciation for the contributions and sacrifices of the Armed Forces that have defended the United States of America.
  2. The Mississippi Department of Transportation shall erect suitable markers along that portion of highway described in subsection (1) of this section.

HISTORY: Laws, 2014, ch. 327, § 2, eff from and after July 1, 2014.

§ 65-3-71.211. Mississippi Highway 32 in Chickasaw County designated “Veterans Memorial Boulevard.”

  1. That segment of Mississippi Highway 32 in Chickasaw County beginning at the city limits of Okolona and running east to the Monroe County line is designated and shall be known as the “Veterans Memorial Boulevard.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching that segment of Mississippi Highway 32.

HISTORY: Laws, 2014, ch. 334, § 1, eff from and after July 1, 2014.

§ 65-3-71.212. “Chief Randy Boykin Memorial Intersection” designated.

  1. The intersection on Mississippi Highway 513 and River Road in the Town of Enterprise in Clarke County, Mississippi, is designated and shall be known as the “Chief Randy Boykin Memorial Intersection.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the intersection.

HISTORY: Laws, 2014, ch. 390, § 1, eff from and after July 1, 2014.

§ 65-3-71.213. “J.B. Ivy Memorial Bridge” designated.

  1. That bridge that spans the Pearl River on Mississippi Highway 44 in Marion County is designated and shall be known as the “J.B. Ivy Memorial Bridge.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the bridge described in subsection (1) of this section.

HISTORY: Laws, 2014, ch. 367, § 1, eff from and after passage (approved Mar. 17, 2014).

§ 65-3-71.214. “Representative David Gibbs Memorial Highway” designated.

  1. That segment of Mississippi Highway 45 Alternate beginning at the intersection with Mississippi Highway 50 and extending northerly to its intersection with the Monroe County line is designated and shall be known as the “Representative David Gibbs Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2014, ch. 368, § 1, eff from and after July 1, 2014.

§ 65-3-71.215. “Broderick Rashad Danti Dixon Intersection” designated.

  1. The intersection on Mississippi Highway 18 and Siwell Road in Hinds County, Mississippi, is designated and shall be known as the “Broderick Rashad Danti Dixon Intersection.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the intersection.

HISTORY: Laws, 2014, ch. 361, § 1, eff from and after July 1, 2014.

§ 65-3-71.216. “Tommy Bryan Hosey Memorial Highway” designated.

  1. That segment of Mississippi Highway 15 in Jasper County beginning at its intersection with County Road 1511 and extending southerly to its intersection with County Road 151131 is designated and shall be known as the “Tommy Bryan Hosey Memorial Highway” in memory of the first Jasper County resident killed in Vietnam during the Vietnam War.
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2014, ch. 366, § 1, eff from and after passage (approved Mar. 17, 2014).

§ 65-3-71.217. “Sergeant John E. Wells Memorial Highway” designated.

  1. That segment of Mississippi Highway 63 in Jackson County beginning at its intersection with Freeman Road and extending southerly for one (1) mile is designated and shall be known as the “Sergeant John E. Wells Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the segment of highway described in subsection (1) of this section.

HISTORY: Laws, 2014, ch. 406, § 1, eff from and after passage (approved Mar. 19, 2014).

§ 65-3-71.218. “Phyllis A. Graham-Steven B. Moss Memorial Highway” designated.

  1. The segment of Mississippi Highway 9 in Choctaw County, Mississippi, beginning at the Choctaw-Webster County Line and extending southerly to the corporate limits of the Town of Ackerman is designated and shall be known as the “Phyllis A. Graham-Steven B. Moss Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropriate signs along and approaching the highway.

HISTORY: Laws, 2014, ch. 406, § 2, eff from and after passage (approved Mar. 19, 2014).

§ 65-3-71.219. “Keith Alan Crenshaw Memorial Highway” designated.

  1. That segment of United States Highway 82 in Webster County beginning at its easternmost intersection with Mississippi Highway 182 and extending westerly to its westernmost intersection with Mississippi Highway 182 is designated and shall be known as the “Keith Alan Crenshaw Memorial Highway.”
  2. The Mississippi Department of Transportation shall erect and maintain appropr