Beckemeyer v. Hancock County
| Docket Number: | 2009-IA-01514-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-13-2010 Opinion Author: Randolph, J. Holding: Affirmed and Remanded |
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| Additional Case Information: |
Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Interlocutory Appeal; Bench Trial Nature of the Case: CIVIL - CONSTITUTIONALITY OF STATUTE, EMINENT DOMAIN |
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| Trial Court: |
Date of Trial Judgment: 08-31-2009 Appealed from: Hancock County Circuit Court Judge: Lawrence P. Bourgeois, Jr. Disposition: Hurricane Katrina severely damaged the seawall protecting Beach Boulevard in downtown Bay Saint Louis. The U.S. Corps of Engineers (“Corps”) offered to rebuild the seawall for Hancock County using federal funds, at an estimated cost of $33,000,000. The planned seawall will be slightly seaward from the former one and will be located on land already owned by the State (public-trust tidelands). The seawall project requires easements from landowners. Some permanent easements are required for access, drainage, maintenance, and other purposes. Also required are temporary construction easements, which will revert to the owners. The easements at issue are for temporary construction, not to exceed thirty-six months, and involve small parcels. The Hancock County Board of Supervisors proceeded to condemn the property under the Seawall Act. All three landowners responded with claims for compensation as provided for in the statute. Following the site assessment, the board passed at its meeting on June 24, 2009, a seawall resolution, denying the claims of the three owners. The landowners appealed to the Circuit Court of Hancock County by submitting a Suggested Bill of Exceptions under the statute applying generally to appeals from the decisions of municipal authorities. In August 2009, the circuit court heard arguments and issued an order affirming the actions of the board. Under the Seawall Act, the circuit court found that the board had provided the landowners due and legal notice. The circuit court also found that, if thelandowners desire a jury trial on the issue of damages, the Seawall Act entitles them to such a trial. Case Number: 09-398 |
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| Consolidated: Consolidated with 2009-IA-01513-SCT; The Carl Ronnie Daricek Living Trust v. Hancock County, Mississippi, Acting By and Through Its Board of Supervisors and the Hancock County Road Protection Commission; Hancock Circuit Court; LC Case #: 09-400; Ruling Date: 08/31/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Consolidated with 2009-IA-01515-SCT Lisa K. Fitch, Sandra K. Goodwin and Ann K. Englehorn v. Hancock County, Mississippi, Acting By and Through Its Board of Supervisors and the Hancock County Road Protection Commission; Hancock Circuit Court; LC Case #: 09-399; Ruling Date: 08/31/2009; Ruling Judge: Lawrence Bourgeois, Jr. | ||
| Party Name: | Attorney Name: | |||
| Appellant: | Ernest Beckemeyer, III |
VIRGIL G. GILLESPIE |
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| Appellee: | Hancock County, Mississippi, Acting By and Through Its Board of Supervisors and the Hancock County Road Protection Commission | KARL CRAWFORD HIGHTOWER |
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