Repealed by Laws of 2007, ch. 582, § 25, eff July 18, 2007 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the repeal of these sections).
§ 65-23-101 . [Codes, 1942, § 8447-01; Laws, 1950, ch. 406, § 1. § 65-23-103 . [Codes, 1942, § 8447-02; Laws, 1950, ch. 406, § 2.] § 65-23-105 . [Codes, 1942, § 8447-03; Laws, 1950, ch. 406, § 3, ch. 396.] § 65-23-107 . [Codes, 1942, § 8447-04; Laws, 1950, ch. 406, § 4.] § 65-23-109 . [Codes, 1942, § 8447-05; Laws, 1950, ch. 406, § 5.] § 65-23-111 . [Codes, 1942, § 8447-06; Laws, 1950, ch. 406, § 6.] § 65-23-113 . [Codes, 1942, § 8447-07; Laws, 1950, ch. 406, § 7. § 65-23-115 . [Codes, 1942, § 8447-08; Laws, 1950, ch. 406, § 8.] § 65-23-117 . [Codes, 1942, § 8447-09; Laws, 1950, ch. 406, § 9.] § 65-23-119 . [Codes, 1942, § 8447-10; Laws, 1950, ch. 406, § 10.] § 65-23-121 . [Codes, 1942, § 8447-12; Laws, 1952, ch. 295.] Editor’s Notes — On July 18, 2007, the United States Attorney General interposed no objection to the repeal of these sections by
Laws of 2007, ch. 582. Former
§§ 65-23-101 through 65-23-121 authorized the Department of Transportation to construct toll bridges across bays and rivers of the Gulf of Mexico. JUDICIAL DECISIONS 1. In general. Where the state gave the riparian owners bordering on Gulf of Mexico, Mississippi Sound and waters tributary thereto, license or the privilege to plant and gather oysters and to build bathhouses and other structures, the privilege or license was subject to superior right of the state to impose an additional public use upon such property already set aside for public purpose without requiring the payment of compensation for it. Crary v. State Highway Com., 219 Miss. 284, 68 So. 2d 468, 1953 Miss. LEXIS 389 (Miss. 1953). Where state constructed a bridge across the bay of St. Louis, which bridge was partly across area of riparian owners who had been granted the privilege and license of planting and gathering oysters and erecting bathhouses and other structures, the state by building this bridge exercised its power to impose an additional public use upon a property which was already set aside for public purposes and the exercise of this power was not taking of property for which compensation must be made. Crary v. State Highway Com., 219 Miss. 284, 68 So. 2d 468, 1953 Miss. LEXIS 389 (Miss. 1953). RESEARCH REFERENCES Am. Jur. 39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 46-48. 9 Am. Jur. Pl & Pr Forms (Rev), Eminent Domain, Form 31.1 (Complaint, petition, or declaration-For condemnation-By state agency-For state transportation facility). CJS. 11 C.J.S., Bridges §§ 6 et seq.