Eminent Domain; require entities to notify and explain proposed projects to landowners before hiring a surveyor.
Note
Moreover, the bill outlines the requirements for surveyors entering private property, which includes a good faith announcement and identification before accessing land. It also stipulates that surveyors remain liable for any damages caused while performing their duties, reinforcing accountability within the surveying profession.
Impact
With the enactment of SB2295, the legislative landscape concerning landowner rights and surveying practices in Mississippi would change significantly. By holding companies and government entities accountable for notifying landowners, the bill aims to diminish instances where landowners might be blindsided by public projects on or near their property. This, in turn, could foster better community relations and mitigate potential disputes arising from unannounced surveying activities.
Summary
Senate Bill 2295 amends Section 73-13-103 of the Mississippi Code of 1972, establishing new requirements for companies and government entities regarding public projects. The bill mandates these entities to notify landowners and provide explanations of proposed projects before hiring a surveyor. This requirement aims to ensure that landowners are adequately informed of any projects that may affect their property and to uphold transparency in the surveying process.
Contention
The bill introduces points of contention surrounding the balance of public project needs and private landowner rights. Proponents argue that these notification requirements would enhance communication and fairness in public project planning, while opponents may view them as an added burden that could complicate or delay necessary infrastructure developments.
AN ACT relating to eminent domain; creating a landowner's bill of rights brochure as specified; requiring notice of rights to landowners during the initial eminent domain process; imposing responsibility on any person attempting to exercise the power of eminent domain to provide these rights to the landowner; specifying applicability; and providing for an effective date.