Riverside Drainage District v. Buckner

Citations

• 108 Miss. 427
• 66 So. 784

Syllabus

<p>1.Jury. Right of trial by jury. Eminent domain proceedings. Exercise of power. Payment of compensation. Statutory and constitutional provisions. General Law. Special law. Constitution 1890, section 90. Laws 1914, chapter 270. Laws 1912, chapter 196.</p> <p>Section 1, of chapter 270, Laws 1914, authorizing drainage districts created thereunder to exercise a right of eminent domain in a manner different from that provided by chapter 43 of the Code 1906, does not violate Constitution 1890, section 31, guaranteeing that the right of trial by jury shall remain inviolate.</p> <p>2. Eminent Domain. Exercise of power. Payment of compensation.</p> <p>Laws 1914, chapter 270, does not violate section 17 of the Constitution, in that it does not reauire payment of the damage awarded, direct to the owner of the land, but permits it to be paid to the chancery clerk.</p> <p>3. Statutes. General law. Special law. Constitution 1890, section 90.</p> <p>Constitution 1890, section 90, prohibiting laws conferring the power to exercise the right of eminent domain in any other manner than that prescribed by general law, means, not that one method only for the exercise of the right of eminent domain can be provided, and that this one method must be provided by one general law, but simply that no method for exercise of the right of eminent domain shall be provided, except by a general law. As many methods for the exercise of this right may be provided as the legislature may desire, provided only that each method is set forth in a general law, and hence Laws 1914, chapter 270, conferring the right of eminent domain on drainage districts and amending Laws Í912, chapter 196, section 20, which provides a method by which all drainage districts may come within the law, applies to all drainage districts, and is valid as a “general law,” which, in the constitutional sense, applies to and operates uniformly on all members of any class of persons, places, or things requiring legislation, peculiar t