Mississippi State Highway Commission v. Herban

ROBERTSON, Justice,

for the Court:

I

This case presents a question of general importance regarding the authority of the circuit clerk as clerk of the so-called special court of eminent domain to receive his normal percentage fee on sums deposited with him by the condemning authority. Pursuant to our quick take law, the condemning authority may obtain immediate possession of the property by depositing with the clerk of the court eighty-five percent (85%) of the compensation and damages determined by a court appointed appraiser.

In the case at bar, the Circuit Court of Lowndes County held that the…