Mississippi Code Title 77. Public Utilities and Carriers § 77-9-169

To enter upon all lands, and to survey, lay out, and construct a railroad thereon. However, before so doing, it must contract and agree with the owner upon the price to be paid for the land or its use, or with the administrator, executor, or guardian in case the owner be dead, be an infant, or person of unsound mind. If an agreement cannot be made it must condemn and acquire the same by the exercise of the right of eminent domain as provided in Chapter 27, Title 11, of the Mississippi Code of 1972.