Humphreys County v. Washington County

Citations

• 128 Miss. 132
• 90 So. 710

Syllabus

<p>1. Counties. New county held to have assumed damages in connection with road project as to part thereof in old county which was included in new county.</p> <p>Under the contract between Humphreys and Washington counties providing that “the county of Humphreys assumes all liabilities incident to the road project for the work done subsequent to its organization through that portion of Washington county which was included within the boundaries of Humphreys county,” etc. Humphreys county assumed all damages growing out of the laying out and construction of the public roads therein referred to within the territory excised from Washington county and included in Humphreys county.</p> <p>3. Counties. Eminent domain. Landowner held entitled to recover for damages either from county constructing road or a nezv county assuming liability; county compelled to pay damages for constructing road held entitled to recover from new county assuming liability.</p> <p>A landowner, damaged because of the laying out and construction by Washington county of a road referred to in the said contract between Washington and Humphreys counties, may sue and recover against either Washington or Humphreys county, and, in event 'he recovers against Washington county, that county may recover from Humphreys county the damages sustained by the landowner, and which it has been compelled to pay.</p> <p>3. Eminent Domain. Landowner may recover difference in value of his land before and after construction, the value of land actually appropriated, and damage to crops.</p> <p>A landowner whose land has been appropriated by a county for a public road, and whose crops have been damaged by reason of the laying out and construction of the road, may recover from the county the value of his land through which the road is constructed immediately before and after its construction, the value of the land actually appropriated, and the damage inflicted upon his crops.</p> <p>4. Triad. Owner may not complain that he w