ST. ANDREW'S EPISCOPAL DAY SCHOOL v. MTC, 2000-IA-01303-SCT.

• Decision Date: 07 February 2002
• Docket Number: No. 2000-IA-01303-SCT.,2000-IA-01303-SCT.
• Citation: 806 So.2d 1105
• Parties: ST. ANDREW'S EPISCOPAL DAY SCHOOL v. MISSISSIPPI TRANSPORTATION COMMISSION.
• Court: Mississippi Supreme Court

806 So.2d 1105

ST. ANDREW'S EPISCOPAL DAY SCHOOL v. MISSISSIPPI TRANSPORTATION COMMISSION.

No. 2000-IA-01303-SCT.

Supreme Court of Mississippi.

February 7, 2002.

Steven Timothy Gray, Crane D. Kipp, Jackson, for Appellant.

Alan M. Purdie, Jan F. Gadow, Dion Jeffery Shanley, John L. Gadow, Grenada, for Appellee.

Before SMITH, P.J., COBB and DIAZ, JJ.

DIAZ, Justice, for the Court.

¶ 1. On August 31, 1998, the Madison County Special Court of Eminent Domain issued its order granting the Mississippi Transportation Commission (MTC) the right of immediate title and possession to a tract of land owned by St. Andrew's Episcopal Day School (St. Andrew's). On May 18, 1999, St. Andrew's filed a motion to set aside the order and a motion to dismiss the complaint, the amended complaint, and the second amended complaint, and objected to MTC's resort to pretrial acquisition of title and possession. The lower court overruled St. Andrew's motion to dismiss, but granted its motion to set aside the order granting immediate title and possession. MTC then amended its complaint, and St. Andrew's renewed all previous objections and motions regarding the exercise of eminent domain powers by MTC. On July 24, 2000, the lower court denied St. Andrew's renewed motion to dismiss and entered an order granting right of immediate title and possession.

¶ 2. St. Andrew's then filed a motion for interlocutory appeal of the special court of eminent domain's denial of its motion to dismiss and grant of immediate title and possession, which was granted by this Court along with St. Andrew's motion to stay proceedings pending resolution of this appeal.

¶ 3. St. Andrew's cites the following issues on appeal:

I. WHETHER MTC EXCEEDED IT STATUTORY AUTHORITY TO CONDEMN LAND UNDER THE POWER OF EMINENT DOMAIN.

II. WHETHER STRICT CONSTRUCTION STANDARDS WERE VIOLATED.

III. WHETHER MTC'S CONDEMNATION OF ST. ANDREW'S PROPERTY CONSTITUTED A PUBLIC NECESSITY.

FACTS

¶ 4. The MTC acquired the subject land through its power of eminent domain for the purpose of completing a project to reconstruct the obsolete interchange on I-55 at Jackson Street in Ridgeland, a part of the state highway system in Madison County. MTC found the subject property to be necessary to this project in order to expand I-55.

¶ 5. The property in the case at hand is located in the northwest quadrant of the Old Agency Road and Highland Colony Parkway intersection in Madison County. Old Agency Road lies to the south, and Highland Colony Parkway lies to the east. This project also includes construction of a round-about at this intersection, and MTC claims that the proposed right-of-way site flares on the subject property are necessary to complete the project.

¶ 6. The Mississippi Department of Transportation (MDOT) assistant chief engineer of preconstruction testified, at a hearing on another eminent domain case arising out of the same project, as an expert in the field of traffic engineering and engineering administration. He explained that once the commission approves a state highway project and determines necessity, it is not necessary to return to the commission for approval of each step of the project. The subject project was approved on the "three-year plan" beginning in 1992. The three-year plan begins with location studies which investigate and narrow down potential property which will be used to complete the project.

¶ 7. A roadway design division engineer with MDOT also testified that the project was approved although it affects other roads. An MDOT assistant maintenance engineer testified that the state highway system is being extended on the west side of the I-55/Jackson Street/ Old Agency Road interchange to include the site flares on the St. Andrew's property. The state highway department will be responsible for maintenance of this property. The executive director of the MDOT testified that it is sometimes necessary to take property outside the existing right-of-way in order to improve the safety of the state highway system.

LEGAL ANALYSIS

¶ 8. An eminent domain judge is the finder of facts in determining whether to grant a motion to dismiss a petition for eminent domain. American Tel. & Tel. Co. v. Purcell Co., 606 So.2d 93, 95-96 (Miss.1990). The standard of review is whether the trial judge had a sufficient basis for his or her decision. Mayor v. Thomas, 645 So.2d 940, 941-42 (Miss. 1994).

I. WHETHER MTC EXCEEDED IT STATUTORY AUTHORITY TO CONDEMN LAND UNDER THE POWER OF EMINENT DOMAIN.

¶ 9. St. Andrew's argues that MTC cannot acquire the piece of its property that is located at the northwest quadrant of the intersection of two city streets because it is not contiguous to the property currently within the right of way of MTC. The lower court denied St. Andrew's motion based on its finding that MTC's purpose for acquiring St. Andrew's property was reasonable and necessary to relieve congestion from the intersection. However, the lower court also opined:

Defendant also argues that MTC has exceeded its statutory authority to regulate, design and construct the interstate highway system in Mississippi by authorizing condemnation of land for an intersection of a city-county parkway and a city street. The intersection of Highland Colony Parkway and Old Agency Road lies approximately 350 feet from the western right of way of Interstate 55 where it intersects with Jackson Avenue/ Old Agency Road in Ridgeland. This issue is more problematic for the court to resolve. Statutes and case law refer to the authority of MTC "to regulate, design and construct" in terms of jurisdiction, the power to act. MTC asserts that it has the power to take control as far west on Old Agency Road as it wishes, even if Old Agency Road is a city street inside of Ridgeland City limits and a county road outside the city limits. Case law and statutes would seem to refute plaintiffs argument. See Quin v. Mississippi State Highway Comm'n, 194 Miss. 411, 11 So.2d 810 (1945 [1943]); State Highway Comm'n v. McGowen, 198 Miss. 853, 23 S[o].2d 893 (1945); Stigall v. Sharkey County, 207 Miss. 188, 42 So.2d 116 (1949); and Hamilton v. Mississippi State Highway Comm'n, 220 Miss. 340, 70 So.2d 856 (1959 [1954]). See also Miss Code Ann. 65-1-61, 65-1-75(1) and (3), 65-1-147 and 65-7-1.

¶ 10. The power of eminent domain is the power of the sovereign to take private property for its own use. The government's exercise of this power is limited by procedural due process, which requires that the property be taken for a public use and that the owner be paid just compensation. U.S. Const. amend. V. This constitutional right to condemn property may be granted to designated public agencies by statute. Culley v. Pearl River Industrial Com'n, 234 Miss. 788, 814-15, 108 So.2d 390, 399-400 (1959).

¶ 11. Miss.Code Ann. § 65-1-8(2)(a) provides:

(2) In addition to the general powers, duties and responsibilities listed in subsection (1) of this section, the Mississippi Transportation Commission shall have the following specific powers:

(a) To make rules and regulations whereby the transportation department shall change or relocate any and all highways herein or hereafter fixed as constituting a part of the state highway system, as may be deemed necessary or economical in the construction or maintenance thereof; to acquire by gift, purchase, condemnation, or otherwise, land or other property whatsoever that may be necessary for a state highway system as herein provided, with full consideration to be given to the stimulation of local public and private investment when acquiring such property in the vicinity of Mississippi towns, cities and population centers.

(emphasis added). Miss.Code Ann. § 65-1-47 provides:

The State Highway Commission shall have complete authority to issue rules, regulations and orders under which the State Highway Department shall have control and supervision, with full power and authority under rules, regulations and orders issued by the commission, to locate, relocate, widen, alter, change, straighten, construct or reconstruct any and all roads on the state highway system heretofore or hereafter taken over by it for maintenance as a part of such system, and shall have full and complete authority for regulating the making of all contracts, surveys, plans, specifications and estimates for the location, laying out, widening, straightening, altering, changing, constructing, reconstructing and maintaining of and the securing of rights-of-way for any and all such highways, and to authorize the employees of the State Highway Department to enter upon private property for such purposes.

The State Highway Department, under the rules, regulations and orders spread upon the minutes of the State Highway Commission, is authorized and empowered to obtain and pay for the rights-of-way of such width as it may determine to be necessary for such highway or for any alteration or change therein or relocation thereof by agreement with the owners of such lands. Rights-of-way of not less than sixty (60) feet wide shall be acquired except within the boundaries of towns and cities where unusual conditions exist, in which case the commission is authorized and empowered to have obtained and paid for such rights-of-way of such width as it may determine to be necessary. Said commission may have

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