Donald, 010380 MSAGO, 19800103

• Case Date: January 03, 1980
• Court: South Carolina

Honorable Judy Donald No. 19800103 Mississippi Attorney General Opinions January 03, 1980          Honorable Judy Donald          Donald and Donald          Attorneys at Law          Post Office Box 491          Morton, Mississippi 39117          Municipalities — Streets — Eminent Domain           Dear Mrs. Donald:          Attorney General A. F. Summer has received your letter and has assigned it to me for research and reply.          Your letter states:

“The Mayor and Board of Aldermen of the City of Morton have requested that I contact you in regard to the following question. “Does the City of Morton have authority to build a street outside of the municipal boundaries of the City? “Also, does the City have the right of eminent domain to acquire property outside of the City limits? If so, are there any limits on what this property acquired by eminent domain outside of the City limits may be used for?”

         Section 21-37-3 of the Mississippi Code of 1972, Annotated, (the “Code”), states the general power of a municipality as to its streets. This section was previously Section 3374-129 of the Code of 1942.          This section was interpreted in Logan v. City of Clarksdale, 240 Miss. 716, 128 So.2d (1961), the Court stating at Pages 539 and 540:

“... Municipalities can exercise only such powers as are granted to them by the legislature of the state. King v. City of Louisville, 207 Miss. 612, 42 So.2d 813; City of Natchez v. Engle, 211 Miss. 380, 49 So.2d 808, 51 So.2d 564; Love Co. v. Town of Carthage, 218 Miss. 11, 65 So.2d 568. Section 3374-129, Code of 1942, Rec., provides as follows: 'The governing authorities of municipalities shall have the power to exercise full jurisdiction in the matter of streets, sidewalks, sewers and parks; to open and lay out and construct the same; and to repair, maintain, pave, sprinkle, adorn, and light the same.' Under this section, no authority is granted the city to repair, maintain, or pave a road outside its corporate limits. A street is a road or highway within a municipality. City of Ellisville v. State Highway Commission, 186 Miss. 473, 191 So. 274. ...” (Emphasis Supplied)

         Aside from this general rule, there is other statutory authority which may be relevant to your inquiry.          Municipalities, either alone or in cooperation with counties, may under the provisions of Chapters 1 and 3 of Title 57 of the Code construct industrial enterprises located outside the municipal corporate...