In HB 1769 the Legislature enacted by statute the wording of the eminent domain initiative that was approved by the voters in an initiative in 2011. The 2011 initiative amended the Mississippi Constitution to provide that no property acquired by eminent domain shall for ten years be transferred to a private party, with some exceptions. However, the rationale of the Mississippi Supreme Court’s decision striking the cannabis initiative in May 2021 put the validity of the 2011 eminent domain initiative into question. HB 1769 was signed by the Governor on April 19, 2022 and became effective on passage.
Rod Clement’s practice is concentrated in commercial real estate and secured transactions. He regularly represents purchasers and developers of shopping centers, office buildings and distribution centers, and represents lenders and borrowers in financings. Recent projects that he has worked on include development of solar power farms and student housing, purchase of healthcare facilities, and sales and financings of multi-family properties. He also has extensive experience with judicial and non-judicial foreclosures and receiverships. Rod is a member of and has served on the board of directors of both the American College of Real Estate Lawyers and the American College of Mortgage Attorneys. He currently is serving on ACREL’s Member Selection Committee. Rod has been listed in Band 1 of Chambers USA in Real Estate since Chambers began covering Mississippi. He has been listed in The Best Lawyers in America®in Real Estate and Land Use and Zoning for over 15 years. Best Lawyers named him “Lawyer of the Year” in Real Estate Law in Jackson in 2011, 2014 and 2018 and in Land Use and Zoning Law in 2013, 2016 and 2019. He is one of only two attorneys in Mississippi listed in International Who’s Who Legal: Real Estate for 2013-2015. He also is listed in Mid-South Super Lawyers.