Eller Media Company v. Mississippi Transportation Commission

Summary

The Mississippi Supreme Court held that a settlement under threat of eminent domain did not constitute a sale under the billboard lease's termination provision. The court concluded that the lease was not terminated and that Eller Media had a compensable interest in the condemnation proceeding. It reversed the judgment requiring Eller Media to repay $42,000 and remanded for determination of the value of its compensable interest.

Holdings

1. A condemnation settlement between the landowner and the governmental condemning authority did not constitute a sale under the lease's termination provision; consequently, the lease was not terminated.
2. Eller Media had a compensable interest in the condemnation proceeding because its billboard was a structure adversely affected by the acquisition.

Questions Presented

1. Whether a settlement under threat of condemnation constituted a sale under the terms of the lease.
2. Whether Eller Media had a compensable interest in the condemned billboard structure and leasehold.

Disposition

reversed_and_remanded