Friday, February 7, 2020

Mississippi Wins a Round on Flooding Lawsuit

Leftenent Governor Delbert Hosemann issued the following statement.

Yesterday, the United States Court of Federal Claims ruled in favor of the State and denied the federal government’s motion to dismiss Mississippi’s valid claim for relief from the unconstitutional taking of thousands of acres of 16th Section land.  When we filed this litigation, I said that when public trust land is destroyed unlawfully, our children are the ones who suffer.  The only responsible action is for the federal government to make our school districts whole.”


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Background on State of Mississippi v. USA, Consolidated Nos. 19-231L/19-258L (16th Section Takings Case)

In February 2019, then-Secretary of State Delbert Hosemann and the Mississippi Attorney General’s Office filed suit against the federal government on behalf of school children in districts in southwest Mississippi alleging an unconstitutional taking of thousands of acres of 16th Section land.  Hosemann is currently serving as Lieutenant Governor, elected in November 2019.

The allegations in the complaint, filed in the U.S. Court of Federal Claims, stem from artificial flooding caused by the Old River Control Structure, a water control project under the purview of the U.S. Army Corps of Engineers.  Launched in the early 1950s, the project sought to change the natural course of water flowing from the Mississippi River to the Atchafalaya River by diverting more water down the Mississippi River.  The goal was to prevent damage to cities in Louisiana, including Baton Rouge and New Orleans. 

The project, however, failed to account for the inevitable destruction of Mississippi land.  Over the years, artificial flooding from the Structure has caused increased siltation, deterioration of wildlife habitats, tree mortality, and other problems on private and public land along almost 100 miles of the Mississippi River. 

The lawsuit, which alleges the federal government’s artificial flooding amounts to an unconstitutional taking, seeks at least $25 million in damages.  The U.S. Constitution’s Fifth Amendment Takings Clause requires the government to pay “just” compensation when it takes property for public use.

The school districts represented in the lawsuit include the Claiborne County School District, Jefferson County School District, Natchez-Adams School District, and the Wilkinson County School District. 

Sixteenth Section land is select property in each county set aside when the State was formed for the benefit of public schools.  Across the State, about 640,000 acres of 16th Section land are held in trust for school districts.  For more information about 16th Section land in Mississippi, visit http://www.sos.ms.gov/Public-Lands/Pages/16th-Section-Lands.aspx




4 comments:

Anonymous said...

Denial of a motion to dismiss is far from victory. Even Dackburt ought to know that.

Anonymous said...

Win? What a load of crap from Delbert. The Judge refused to dismiss it.

And obviously Delbert doesn't want to acknowledge he is not God Almihhty like he wants to believe, that's he is not in charge of everything. Just like he is not Governor, he is no longer Secretary of State.

This lawsuit was filed by the Secretary of State - who is now Michael Watson. While Delbert has trouble letting go, maintaining an office in that building too, he is no longer the SOS. If there is anything newsworthy about a refusal to dismiss, it's Michael's job to put put a press release about it, not Filbert's.

Anonymous said...

Is Mississippi suing the Federal Government over this flooded land the same thing as a hound biting the hand that feeds it?

Anonymous said...

How interesting that so many of you seem in favor of the government or any other entity being able to seize, damage or destroy land you own without compensation.

The politics of personality rather than rationality have indeed made us self-destructively insane.


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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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