Board of Levee Commissioners v. Dancy

Citations

• 65 Miss. 335

Syllabus

<p>1. Eminent Domain. Illegal taking. Statute barring compensation. Constitutional law. Case in judgment.</p> <p>In 1884 the Board of Levee Commissioners for the Yazoo-Mississippi'Delta caused a levee to be constructed across the plantation of D. without payment of damages for the land thus appropriated. In Mai;ch, 1886, the legislature passed an act, which took effect on the 16th of that month, ■declaring that all such claims for damages then existing against the Board of Levee Commissioners for the Yazoo-Mississippi Delta should be barred unless prosecuted within three months after the passage of that ■act. D. instituted 'proceedings to recover damages for the taking of her land, in August, 1886, and the Board of Levee Commissioners pleaded the statute referred to as a bar to any recovery by her. To this plea a demurrer was filed, which was sustained by the court below. Held, that the demurrer was properly sustained. The act of the legislature, providing as the contingency for - the divesture of title in such case the failure ■of the land owner to initiate proceedings to recover compensation within three months (or any other period), was in violation of Article 1, Section 10, of the State Constitution, which provides that “private property shall not be taken for public use except upon due compensation first being made to the owner or owners thereof, in a manner to .be provided for by law.”</p> <p>2. Same. Appeal from decision of commissioners to jury. Scope of inquiry for jury.</p> <p>Where a statute, providing for the ascertainment of damages for the taking of private property for public use by the award of commissioners appointed by the Clerk of the Chancery Court, authorizes an “appeal” .to a jury of the Chancery Court, without any indication of a purpose to restrict the meaning of the term, the jury may assess the damages at a greater or less amount than that allowed by the commissioners, whether' in favor of or against the party appellant, and whether the app