Eller Media Co. v. Miss. Transp. Comm'n


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Docket Number: 2003-CA-01461-SCT
Linked Case(s): 2003-CA-01461-SCT
Oral Argument: 02-08-2005
 

 

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Supreme Court: Opinion Link
Opinion Date: 03-10-2005
Opinion Author: Waller, P.J.
Holding: Reversed and remanded

Additional Case Information: Topic: Eminent domain - Sale of property - Terms of lease - Compensable interest
Judge(s) Concurring: Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ.
Non Participating Judge(s): Smith, C.J., and Diaz, J.
Dissenting Author : Graves, J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - EMINENT DOMAIN

Trial Court: Date of Trial Judgment: 07-22-2003
Appealed from: DeSoto County Special Court of Eminent Domain
Judge: Mills E. Barbee
Disposition: Judgment entered in trial court in favor of the MS Transportation commission
Case Number: CO-2000-0154

Note: Nature of Case: Eminent Domain

  Party Name: Attorney Name:  
Appellant: Eller Media Company




MARK D. HERBERT LISA A. REPPETO



 

Appellee: Mississippi Transportation Commission OFFICE OF THE ATTORNEY GENERAL BY: BILLY HALL BARRY S. ZIRULNIK HOLLAMAN M. RANEY  

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Topic: Eminent domain - Sale of property - Terms of lease - Compensable interest

Summary of the Facts: The South Mississippi Electric Power Association entered into a lease with Eller Media Company so that Eller Media could install a billboard on land owned by the Power Association. The Mississippi Transportation Commission filed a complaint in the DeSoto County Special Court of Eminent Domain against the Power Association and Eller Media to condemn the land, in order to relocate and reconstruct State Road 304 from U.S. 61 to State Road 301. An order was entered granting the Commission immediate title and possession of the land and adopting an appraisal of $189,000 as just compensation. The order also acknowledged that an additional $25,000 had been agreed upon prior to the assessment, so that the total pretrial independent appraisal was $214,000. A check in the amount of $225,900 was disbursed to the Power Association, and a check in the amount of $42,000 was disbursed to Eller Media. After the Commission became aware of the termination provision in the lease between the Power Association and Eller Media, it filed a motion to try title, alleging that Eller Media had no compensable interest in the property because a sale of the land had taken place and the new owner did not wish to renew the lease. The special court ruled that Eller Media had no compensable interest in the condemnation proceeding. The Commission then sought a return of the $42,000 it had paid Eller Media. Judgment was entered in favor of the Commission, and Eller Media appeals.

Summary of Opinion Analysis: The evidence shows that the Power Association did not wish to sell its property. Its motivation for accepting the settlement was to avoid litigation, not its willingness to sell the property. The lease was silent as to its status if eminent domain proceedings were filed against the property. The lease only provided that the lease would terminate upon the sale of the property and the new owner did not wish to lease the property. If the Power Association and Eller Media wished to condition the 45-day termination clause upon the institution of eminent domain proceedings, they could have done so. Because a sale, as contemplated by the lease, did not occur between the Power Association and the Commission, the lease was not terminated, and Eller Media had a compensable interest.


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