37 Miss. Code R. § 1-7501-05002-102

Current through August 31, 2024
Section 37-1-7501-05002-102

Section 65-1-59 of the Mississippi Code says "if any highway or link of highway is removed from the state highway system by legislative act or by relocation or reconstruction, it shall no longer be maintained by or be under the jurisdiction of the State Highway Commission or State Highway Department, but shall be returned to the jurisdiction of the board of supervisors of the county or governing authorities of the municipality through which such road runs".

1. Except:
a.US routes three (3) miles or greater cannot be returned to the local jurisdiction without legislation; or
b.US routes less than three (3) miles used as an interstate, 4-lane primary, and the 4-lane program under MS Code 65-3-97 and not on a municipal by-pass or inside a municipality, can be returned to the local jurisdiction.
2. To further explain Section 65-1-59:
a.All highways except US highways can be returned to the local jurisdiction (county or city).
b. A segment of a US route, on a municipal by-pass, that is in the county even if it is less that three (3) miles, cannot be returned to the county because it is considered on a municipal by-pass.
c. A US route inside a municipality cannot be returned to the municipality.
d. Regardless of the length of a NON US route in a municipality or on a municipal by-pass, it can be returned to either the municipality or the county.

37 Miss. Code. R. § 1-7501-05002-102