Town of Hazlehurst v. Mayes

Citations

• 84 Miss. 7

Syllabus

<p>1. Municipalities. Streets. Additional servitudes. Abutting owner. Compensation.</p> <p>The owner of land abutting on a street, whether he own the fee to the street or it be in the municipality, is entitled to compensation for any additional servitude placed on his property by any use of the street not incidental or necessary to its enjoyment as a street by the public.</p> <p>'■2. Same. Lights. Code 1892, l 2947. Trimming shade trees.</p> <p>But a municipality may, without compensating the abutting owner under Code 1892, § 2947, giving it full jurisdiction over streets with power to light them, trim trees standing between the sidewalk and the street to any extent necessary to prevent interference with the wires of an electric light plant erected by it.</p>