Mississippi § 51-31-59 - Appraisement hearing.

§ 51-31-59. Appraisement hearing.

If on the hearing by the court or chancellor in vacation no written objections are filed, a decree confirming the appraisement shall be rendered. Upon payment of said amount to the chancery clerk for the party entitled thereto, the district may enter upon and take possession of said property and appropriate it to the use of said district; and the title to the easement thereof and thereover shall thereupon vest in said district. The clerk shall receipt upon said decree for the money paid, and said decree with the receipt of the clerk thereon shall be recorded in the records of deeds of the county in which the land lies. If written objections are filed on or before the time set for the hearing, the court or chancellor in vacation shall proceed to hear the objections filed and, on demand of the party making said objections, shall empanel a jury to determine the value of the land taken and the damage due the objector. No decree pro confesso shall be entered against an owner or person interested residing in this state unless it appear that he has been duly served with summons at least two days prior to the return-day, and no decree pro confesso shall be rendered against any nonresident or unknown owner or person interested unless proper publication has been made. At the hearing, the report and appraisement of the value of the land sought to be taken and the damages sustained by the owner thereof shall be prima facie correct. The court or chancellor in vacation may, at such hearing, hear all objections in entirety or in severalty, may enter a decree confirming the entire report of the commissioners, or may enter any number of decrees confirming the report as to any land taken. At such hearing, the court or chancellor in vacation may direct the board to make such alterations in the appraisement as may be deemed just and equitable, by raising or lowering any appraisement; and payment of such amount fixed by the decree shall be made to the chancery clerk as hereinbefore provided. Said clerk shall receipt for same on the decree, and such decree with receipt thereon shall be recorded.