Foster v. Mississippi State Highway Commission

The Mississippi State Highway Commission, by an eminent domain proceeding, sought to condemn 12.05 acres of land, as described in the petition, for the purpose of obtaining road building material, namely, fill dirt, for use on state highways. The right to the use of the property would not run beyond July 1, 1963.

Thomas Redmond Foster and others owned the tract of land. It was about five miles northwest of the City of Columbus in Lowndes County and consisted of 828 acres. Approximately 200 acres was open and 560 acres was swamp woodland, all of which was subject to overflow. The remaining 68…