Mississippi State Highway Commission v. Channels

The question is: When the landowner appeals to circuit court from the judgment of a special court of eminent domain, does the landowner have the right to have the circuit court dismiss the eminent domain proceedings on the ground that there is no public necessity for the taking of the land? We hold he does not.

The Commission filed its petition to condemn .33 acre of land for the relocation and reconstruction of U. S. Highway 55. The special court of eminent domain was organized and proceeded to try the issue of compensation as provided by statute. The verdict was for $115. Appellees, the…