Mississippi

Date: September 23, 2013 Last Edit: November 09, 2016

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Bay Point Properties v. MTC  – Property Rights

U.S. Supreme Court – cert petition

In this case the Mississippi Supreme Court ruled that property taken for a new public park should be valued far below its market value in light of a state statute that required valuation as if the property were still burdened by a highway easement—notwithstanding the fact that the state had abandoned its easement under common law. As explained in NFIB Small Business Legal Center’s brief, this regime fundamentally conflicts with the federal Constitution, which requires that compensation for eminent domain takings should be decided exclusively by the courts. We argue that a State Legislature cannot avoid the requirement to pay full and fair compensation by enacting legislation purporting to direct the judgement of the courts. We are asking the Supreme Court to take this case in order to affirm that—under the Takings Clause—the courts have the responsibility to determine what constitutes just compensation based on common law principles—not legislative enactments aimed reducing compensation awards. 

Status: PENDING. Amicus brief filed 4/6/17.

 

 

This case involves a challenge to the state’s 2004 legal reforms, which included the Jury Patriotism Act and a non-economic damages cap. The defendants allege that the trial judge excused jurors without requiring a reasoned explanation as mandated by the jury reform law.

Status: PENDING. Amicus brief filed 9/16/16.

 

Interstate Realty v. Carter – Legal Reform
Mississippi Supreme Court

This case raises a challenge of Mississippi’s cap on damages. NFIB joined with other industry groups in defending the state’s recent legal reforms—including in defense of the cap.

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If you have a case that impacts small business, please contact us at:  1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

Thank You

 

 

 

 

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