City of Natchez v. Henderson

The City of Natchez instituted proceedings in eminent domain against certain lands of appellee constituting approximately one acre as a site for a water tower and accessory equipment in order to enlarge its water supply and sewerage facilities.

Henderson petitioned for writ of prohibition against the eminent domain court, alleging as grounds those mentioned in Code 1942, Section 2782. The issues triable thereunder, and to which our inquiry is limited, are (1) whether appellant is.such legal entity as is entitled to exercise the right of eminent domain; and (2) whether there is a public…