Whitworth v. Mississippi State Highway Commission

• Court: United States State Supreme Court of Mississippi
• Citation: 203 Miss. 94,33 So.2d 612
• Decision Date: 12 January 1948
• Docket Number: 36481.
• Parties: WHITWORTH et al. v. MISSISSIPPI STATE HIGHWAY COMMISSION.

33 So.2d 612

203 Miss. 94

WHITWORTH et al.
v.
MISSISSIPPI STATE HIGHWAY COMMISSION.

No. 36481.

Supreme Court of Mississippi

January 12, 1948

[203 Miss. 99] Ray, Spivey & Cain, of Canton, and Watkins & Eager, of Jackson, for appellants.

[203 Miss. 101] Heidelberg & Roberts, of Hattiesburg, and Greek L. Rice, Atty. Gen., and Jas. T. Kendall, Asst. Atty. Gen., for appellees.

ALEXANDER, Justice.

Appellees state in their brief on suggestion of error, 'For obvious reasons, the appellant [33 So.2d 613] herein might well [203 Miss. 106] be justified in conceiving that the judgment of the Court is much less favorable than a decree holding the instruments to convey an easement alone, and it would appear that the appellants as well as the appellee are entitled to a determination of this question.' This suggestion is favorably received.

It is urged that the Statute provides for acquisition of 'lands' by other means, to-wit by gift or otherwise. Code 1942, Sections 8023, 8038. Yet, in all events it must be 'necessary for a state highway system' or for the purpose of obtaining 'road building materials' or for the promotion of 'the safety and convenience of traffic.'

Code 1942, Section 8023, 8038, authorizes the Commission 'to obtain and pay for rights of way,' and to this end 'may condemn * * * or acquire by gift or purchase lands containing road building materials * * * to condemn or to acquire by gift or purchase lands necessary for the safety and convenience of traffic.' The extent of authority in the cited sections contemplates the acquisition of rights of way to the end that a highway system may be constructed and maintained. That it may so acquire 'land or other property' is to be interpreted in the light of a means by which it may attain its ordained end, to wit, that such lands 'be necessary for a state highway system.'

We are of the opinion that the purpose of our highway statutes, Code 1942, Title 30, is the acquisition of lands solely for highway purposes. It would attribute unwisdom to the Legislature to construe the powers delegated to the Commission as to divest a landowner of interests which the Commission in turn could not exploit. Were the language of the grant of powers in Sections 8023 and 8038 ambiguous, well known principles would be invoked to construe them in the light of the evident purpose of the Legislature. If there were no definition of the estate which the Commission is empowered to acquire, no more property may be taken than the public use requires. Nicholson v. Board of Mississippi [203 Miss. 107] Levee Commissioners et al., Miss., 33 So.2d 604, this day...