Knight v. South Miss. Elec. Power Ass'n
| Docket Number: | 2004-CA-02082-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-12-2006 Opinion Author: KING, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Eminent domain - Notice of hearing - Public use - Economically feasible route Judge(s) Concurring: LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - EMINENT DOMAIN |
|
| Trial Court: |
Date of Trial Judgment: 10-05-2004 Appealed from: Covington County Circuit Court Judge: Robert G. Evans Disposition: TRIAL COURT DENIED PROPERTY OWNERS’ MOTION TO DISMISS EMINENT DOMAIN PROCEEDINGS. Case Number: 2000-10C |
|
| Party Name: | Attorney Name: | |||
| Appellant: | WILLIE GEORGE KNIGHT AND ELLEN D. KNIGHT |
AUDRY REGNAL BLACKLEDGE,
DAVID SHOEMAKE |
||
| Appellee: | SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION | JOHN K. KEYES, GAIL A. CROWELL |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Eminent domain - Notice of hearing - Public use - Economically feasible route |
| Summary of the Facts: | South Mississippi Electric Power Association filed for a certificate of convenience and necessity with the Mississippi Public Service Commission to construct a 69 kilovolt power line, Line 104, in the North Collins area in order to provide adequate voltage to its customers. No objections to the granting of the certificate were filed, and the Commission found that public convenience and necessity required the award of the certificate, and ordered that the certificate be granted to SMEPA. The SMEPA Director of Land began negotiations with landowners to obtain rights-of-way for Line 104. SMEPA obtained a right-of-way from all landowners on whose property Line 104 would run except Willie and Ellen Knight. SMEPA filed in the Covington County Circuit Court an application for a condemnation hearing before a special court of eminent domain which the court granted. The Knights filed a motion to dismiss the eminent domain proceeding which the court denied. After a trial, the court ordered the portion of the Knights’ property in question to be condemned in order for SMEPA to construct, maintain, and operate Line 104 and entered a verdict setting the Knights’ compensation at $7,410.50. The Knights appeal. |
| Summary of Opinion Analysis: | Although the Knight argue that they did not receive proper notice regarding SMEPA’s certificate of convenience and necessity hearing before the PSC, their attorney stipulated that SMEPA had complied with both the statutory notice requirement as well as SMEPA’s procedural rules regarding notice. Therefore, this claim is barred from review. The Knights also argue that the route of Line 104 through their property is not for public use and was arbitrarily selected by SMEPA. If the primary and paramount purpose of the taking is for public use, it will not be defeated because some incidental private benefit or use results. Substantial testimony adduced at trial established that the taking was for public use. Therefore, any incidental benefit to surrounding landowners would not defeat the taking of the Knights’ property. The Knights also argue that SMEPA abused its discretion, as illustrated by the lack of feasibility and economic considerations in determining the route of Line 104. Although the Knights insist that the most economically feasible route would have been a straight line, evidence produced at trial showed that a straight line route would require taking more of the Knights’ property. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
