Mississippi § 77-6-65 - Powers and duties in connection with eminent domain, sales to customers of public utilities, and utility lines and rights-of-way.

§ 77-6-65. Powers and duties in connection with eminent domain, sales to customers of public utilities, and utility lines and rights-of-way.

Municipalities participating in a project of the authority shall possess the power of eminent domain for a project authorized by this chapter to the extent and in the same manner and under the same laws now available to municipalities under the laws of this state; provided, however, a municipality or the authority exercising the power of eminent domain for a project authorized by this chapter shall have no power to condemn any facilities or property owned by a public utility or gas association for the production, transmission or distribution of gas. There shall be no transmission, sale, distribution or delivery of natural, artificial or mixed gas by the authority to any end user being served by a public utility as defined by Section 77-3-3(d)(ii) holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission or to any end user located or to be located within the certificated area of such a public utility nor shall the powers of the authority be exercised for or on behalf of any such end user unless the public utility holding such a certificate of public convenience and necessity shall have filed with the Mississippi Public Service Commission a statement that it is either unwilling or unable to serve such user. The lines and rights-of-way of any public utility or of gas associations or of municipalities participating in a project or of the authority may be crossed by any other municipalities participating in a project of the authority. The lines of any municipality participating in a project of the authority may be crossed by any public utility or gas association. Provided, however, the amount of damages, if any, resulting to the line or right-of-way from the crossing thereof as provided herein shall be determined by the affected parties and shall be paid by the public utility, gas association, municipality or municipalities participating in a project, or the authority, to the owner of the lines or rights-of-way crossed. When the parties affected cannot agree upon the damages to be paid for the crossing, either party may file with the circuit court of the county in which the crossing occurs a petition seeking a determination of the amount of the damages. Said action shall be tried by jury at the next regular term of said court in the same manner and under the same principles as provided for the determination of damages in eminent domain proceedings.