Copiah County v. Lusk
Mississippi Supreme Court
Prom the circuit court of Copiah county. HoN. Robert Poweri., Judge. Lusk, the appellee, was the plaintiff in the court below; he sued Copiah county, appellant, demanding damages caused by the construction and maintenance of a public road over and across his land.
Read the full summary
Prom the circuit court of Copiah county. HoN. Robert Poweri., Judge. Lusk, the appellee, was the plaintiff in the court below; he sued Copiah county, appellant, demanding damages caused by the construction and maintenance of a public road over and across his land. The code sections involved (code 1892, §§ 3892 and 3894), are as follows: “3892 (823). How road laid out or changed. — When any person shall desire to have a public road laid out, altered, or changed, a petition shall be presented to the board of supervisors of the county, signed by ten or more freeholders or householders of the…
1Opinion of the Court
Woons. C. J.,
delivered the opinion of the court.
Conceding that the remedy prescribed in § 3894, code of 1892, is the exclusive remedy for securing compensation for the taking of land for a public road, yet it is not the exclusive remedy in cases in which the county takes land by the commission of a trespass, and in flagrant disregard of the statute. The appellee never had any notice of the purpose to lay out the road *139through his land, as was required by § 3892, and he only heard of it, in some undisclosed manner, after the road had been laid out, and only appeared before the board of…
2Cited by6 opinions
- Covington County v. WattsMississippi Supreme Court · 1919
- Rainey v. Hinds CountyMississippi Supreme Court · 1900
- Gulf & Ship Island Railroad v. SingleterryMississippi Supreme Court · 1901
- Stigall v. Sharkey CountyMississippi Supreme Court · 1949
- Jackson v. Monroe CountyMississippi Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.