State of Mississippi v. Kenneth F. Murphy
202 So. 3d 1243
| Miss. | 2016Background
- The Murphys owned adjoining beachfront parcels (Lots 2 & 4) in Bay St. Louis; deeds historically described the eastern boundary as the bay’s waterline. A 1922 city plat (Drake Plat) and later surveys showed property extending east of an older concrete seawall (the Old Seawall).
- After natural accretion created fastland seaward of the Old Seawall, the Murphys obtained a 2001 Clarke survey updating legal descriptions; later deeds among the Murphys incorporated that survey.
- The State (Secretary of State as tidelands trustee) published a Final Public Trust Submerged Land Map (1994) that marked tidelands boundaries near the Murphys’ property; the State treated Old Seawall as a boundary in some Bay St. Louis areas but offered no proof that artificial beach renourishment occurred at the Murphys’ site.
- In 2011 the State executed a tidelands lease to the City to build a municipal harbor; the City began construction in 2012. The Murphys sued for inverse condemnation, claiming the State and City took land east of the Old Seawall.
- At trial a jury found the State liable and awarded $644,000; the City was found not liable. The trial court also awarded attorneys’ fees, expenses, and interest; the State appealed.
Issues
| Issue | Plaintiff's Argument (Murphys) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Whether land east of the Old Seawall is conclusively public trust tidelands | Murphys: deeds, Drake Plat, Clarke survey, and lack of evidence of artificial renourishment show their property extended to mean high water line | State: Final Map and tidelands doctrine establish State ownership east of seawall as a matter of law | Held: No; factual dispute existed about tidelands boundary (mean high water vs toe of seawall); JNOV denied and jury resolved fact issue for Murphys |
| 2. Statute of limitations — whether claim accrued when Final Map issued (1994) | Murphys: cause of action did not accrue until actual taking (2012); no actionable claim in 1994 | State: 3-year catch-all (§15-1-49) began when Final Map was published | Held: Murphys’ claim accrued when property was taken; statute of limitations defense rejected |
| 3. Admissibility of expert appraisal that allegedly included noncompensable littoral/riparian rights | Murphys: appraiser valued whole property before/after; testimony pertained to market value loss (access/view) not separate noncompensable rights | State: appraiser improperly accounted for loss of littoral/riparian rights (noncompensable) and deviated from before-and-after rule | Held: No error. Appraiser’s evidence related to market-value diminution; any reference to littoral rights was harmless and jury was instructed accordingly |
| 4. Whether verdict was against overwhelming weight, biased, or excessive (remittitur) and liability allocation between State and City | Murphys: State asserted ownership and leased to City; thus State caused conversion to public use | State: evidence supports City’s role and New Seawall caused most damage; verdict biased and excessive; remittitur to limited damages requested | Held: No new trial or remittitur. Jury verdict sustained; allocation to State was reasonable because State claimed title and enabled harbor project |
| 5. Award of attorneys’ fees, expenses, and interest under Miss. Code §43-37-9 | Murphys: statute authorizes fees/expenses where property is used in projects involving federal/federal-aid funds | State: statute inapplicable because State didn’t use property in such a program or receive federal funds | Held: Trial court correctly awarded fees/expenses; statute’s plain language covered this case and plaintiff showed federal funds were involved or alleged in discovery |
Key Cases Cited
- Jackson Mun. Airport Auth. v. Wright, 232 So. 2d 709 (Miss. 1970) (defines inverse condemnation)
- Sec’y of State v. Wiesenberg, 633 So. 2d 983 (Miss. 1994) (state holds title to tidelands in trust; cannot be lost by adverse possession)
- Miss. State Highway Comm’n v. Hillman, 198 So. 565 (Miss. 1940) (articulates before-and-after rule for partial takings)
- Miss. State Highway Comm’n v. Gilich, 609 So. 2d 367 (Miss. 1992) (littoral/riparian rights are licenses/privileges and may be noncompensable when public use already governs the land)
- King v. Miss. State Highway Comm’n, 609 So. 2d 1251 (Miss. 1992) (application of presumption that before-and-after rule subsumes all damages)
- Miss. State Highway Comm’n v. Hall, 174 So. 2d 488 (Miss. 1965) (before-and-after rule absorbs all damages of every kind)
- Miss. State Highway Comm’n v. Viverette, 529 So. 2d 896 (Miss. 1988) (aesthetics considered only where they affect fair market value)
- State Highway Comm’n v. Havard, 508 So. 2d 1099 (Miss. 1987) (witnesses may testify about property attributes when tied to value)