BAY POINT PROPERTIES v. MISSISSIPPI TRANSP. COM'N

No. 18-60674.

937 F.3d 454 (2019)

BAY POINT PROPERTIES, INCORPORATED, Plaintiff-Appellant, v. MISSISSIPPI TRANSPORTATION COMMISSION; Mississippi Department of Transportation; Dick Hall, in his capacity as Mississippi Transportation Commissioner; Mike Tagert, in his capacity as Mississippi Transportation Commissioner; Tom King, in his capacity as Mississippi Transportation Commissioner; Wayne H. Brown, in his capacity as former Mississippi Transportation Commissioner; Melinda McGrath, in her capacity as Executive Director of the Mississippi Department of Transportation; Larry Brown, in his capacity as former Executive Director of Mississippi Department of Transportation, also known as Butch; Daniel B. Smith, in his capacity as Administrator of the Right-of-Way Division of Mississippi Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed August 27, 2019.


Attorney(s) appearing for the Case

Charles Sterling Lambert, Jr. , Baton Rouge, LA, William Alex Brady, II , Brady Law Firm, PLLC, Long Beach, MS, for Plaintiff-Appellant.

Wilson Douglas Minor, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, Christopher Martin Howdeshell, I , Pittman Law Firm, Hattiesburg, MS, for Defendants-Appellees.

Before DAVIS, HO, and ENGELHARDT, Circuit Judges.


A state court jury found that Mississippi state officials violated the Takings Clause by exceeding the scope of a state easement on private property. But the jury granted a monetary award considerably lower than the amount of "just compensation" sought by the property owner....

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