Board of Lever Commissioners v. Johnson

Citations

• 66 Miss. 248

Syllabus

<p>1. .Eminent Domain. Bight of lessees.</p> <p>When land is condemned under the right of eminent domain, the lessee of the land, as owner of the term, is entitled to notice and to damages, as any other owner.</p> <p>2. Same. Not dependent on record or notice.</p> <p>Inasmuch as a lease for one year need not be in writing, or recorded, the right of a tenant of land thus leased when taken under condemnation proceedings, is not affected by the fact that the party securing the condemnation deals with the landlord, without notice of the tenant’s interest.</p> <p>3. Same. Payment of damages to landlord. Tenant not bound.</p> <p>If; in such case, the value of the term and of the growing crops of a tenant, be awarded and paid to the landlord, this affords the party condemning the land no protection against a suit therefor by the lessee.</p> <p>4. Same. Leased land. Damages apportioned.</p> <p>Where the whole of the leased premises are condemned the relation of landlord and tenant is thereby dissolved, and the present value of the land should be apportioned between the landlord and tenant, according to their respective rights.</p> <p>5. Condemnation oe Leased Land. Effect upon tenancy.</p> <p>The taking of a portion of leased premises under the power of eminent domain operates as an apportionment of the rent, and dissolves the relation of landlord and tenant pro tanto.</p> <p>6. Damages eoe Land Condemned. Buie of apportionment.</p> <p>In such cases the rule of apportionment is to give to the landlord the value of his reversion in the land taken, and the rents reserved thereon during the term, less an abatement for present payment; and to the tenant the value of his term in the same, less the rent reserved thereon.</p> <p>7. Board or Levee Commissioners. Remedy for Irnid taken by it.</p> <p>The remedy conferred by the charter of the board of levee commissioners (Acts 1884, p. 166) for condemning land, and securing damages in favor of the owner is exclusive, and no resort ca