MISS. STATE HIGHWAY COM'N v. HERBAN

No. 58075.

522 So.2d 210 (1988)

MISSISSIPPI STATE HIGHWAY COMMISSION v. Nancy L. HERBAN, et al.

Supreme Court of Mississippi.

Rehearing Denied April 13, 1988.


Attorney(s) appearing for the Case

W. David Dunn, Steven R. McEwen, Dunn, Webb & McEwen, Columbus, for appellant.

No brief of appellee filed.

Dorrance Aultman, Patricia L. Trantham, Aultman, Tyner, McNeese & Ruffin, Hattiesburg, Joe O. Sams, Sams & Kesler, Columbus, Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Samuel W. Keyes, Jr., Sp. Asst. Atty. Gen., Jackson, for amicus curiae.

Before ROY NOBLE LEE, C.J., and ROBERTSON and ANDERSON, JJ.


ROBERTSON, Justice, for the Court:

I.

This case presents a question of general importance regarding the authority of the circuit clerk as clerk of the so-called special court of eminent domain to receive his normal percentage fee on sums deposited with him by the condemning authority. Pursuant to our quick take law, the condemning authority may obtain immediate possession of the property by depositing with the clerk of the court eighty-five percent (85%...

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