Covington County v. Watts

Citations

• 120 Miss. 428
• 82 So. 309

Syllabus

<p>1. Constitutional Law. Eminent domain. Highways: Claim for damages due to construction of road. Liability..</p> <p>Under section 17, of the Constitution of 1890, providing that “private property shall not be taken or damaged for public use, except on due compensation being first made to the owner,” a county is liable to the owner for damage to land which it wrongfully caused to be covered with water by the improper construction of a public causeway.</p> <p>2. Same.</p> <p>Where the board of supervisors let a contract for road construction in a road district created under Laws 1912, chapter' 145, and approved the plans and specifications and accepted the work as being in accordance with the contract, the county is liable for damages to the owner’s land due to placing a culvert at a height not less than twelve inches above the bottom of- a ■ ditch which was filled up in the construction of the road.</p> <p>3. Same.</p> <p>.In such case the plain provisions of section 17 of the Constitution and the equally plain provision of Code 1906, section 3894, that the board of supervisors shall allow and pay such damages, justifies a suit by the owner against the county.</p> <p>4. Eminent Domain. Damages due to construction of highway. Liability of county or road district.</p> <p>Although the county board created a separate road district and appointed highway commissioners, the county and not the district is liable for damages if any, due to construction, of a highway in the district, in view of Constitution 1890, section 170, giving boards of supervisors full jurisdictions over roads, and Laws 1912, chapter 145, in conformity with which the road district was created, limiting the powers of the commissioners so that they are not effective until approved by the board of supervisors.</p>