Legislative Update: Eminent Domain

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.