§§ 55-1-1 through 55-1-9. Repealed.

Repealed by Laws, 1981, ch. 312, § 1 eff from and after passage (approved March 2, 1981).

[Codes, 1942, §§ 5974-101, 102, 108-110; Laws 1966, ch. 282, §§ 1, 2, 8-10]

§ 55-3-1. Gifts of land for state forests and parks.

The governor of the state is authorized to accept gifts of land to the state, not to exceed ten percent (10%) of the area of any county, to be held, protected, and administered by the State Forestry Commission as state forests and parks and to be used to demonstrate their practical utility for reforestation and as breeding places for wild game, and he is authorized to accept gifts of land to be used and administered by the commission as state parks. Such gifts must be absolute, except for the reservation of any or all mineral rights, and in no case shall exceed ten percent (10%) of the area of any county wherein such lands may be situated. The Attorney General is directed to see that all deeds to the state are properly executed and that the titles thereto are free and clear of all encumbrances before the gift is accepted. When any donation exceeding six hundred acres is made, the name of the donor or any name he may suggest, on the approval of the commission shall be given such donation as the designation of such forest or park.

HISTORY: Codes, 1930, § 6166; 1942, § 6024; Laws, 1926, ch. 161.

§ 55-3-2. Definitions.

For purposes of Chapter 3, Title 55, Mississippi Code of 1972, the following words shall have the meanings ascribed herein unless the context otherwise requires:

“Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks.

“Department” means the Mississippi Department of Wildlife, Fisheries and Parks.

“Executive director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

HISTORY: Laws, 2000, ch. 516, § 100, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-3. Reconveyance to donor, heirs, etc., of unused lands donated to state.

1. Where any land has been donated to the state and a deed thereof has been accepted by the governor, for the purpose of establishing thereon state forests and parks in accordance with the provisions of Section 55-3-1, and the state forestry commissioner certifies in writing to the secretary of state that the land has not been used as a part of any state forest or park for a period of time not less than five (5) years from the date of conveyance of said land, the secretary of state is authorized and empowered, in his discretion, with the approval of the governor to reconvey the land to the donor, his heirs, representatives or assigns.
2. The price to be paid by the donor, his heirs, representatives or assigns, upon the reconveyance of said land shall be sufficient to cover the nominal consideration paid by the state for the land originally, if there be any such consideration, together with the cost of any improvements placed by the state or any agency thereof upon the land, and any sums of money expended in caring for and maintaining the land or any other expense incurred by the state or any agency thereof in connection therewith.
3. The deed from the state to the donor, his heirs, representatives or assigns, shall state the true consideration therefor, and where made in good faith by all parties, shall convey the entire right, title and interest of the state therein.
4. Any such deed from the state to the donor, his heirs, representatives or assigns, shall be recorded at the expense of the donor, his heirs, representatives or assigns, in the office of the chancery clerk of the county in which the land is located, and a failure to so record the deed shall render the same void.

HISTORY: Codes, 1942, § 6024.5; Laws, 1952, ch. 194, §§ 1-4; Laws, 1978, ch. 458, § 25, eff from and after January 1, 1980.

§ 55-3-5. Survey of state land.

The department is authorized to survey, or cause to be surveyed, all areas of land owned by the state for the purpose of determining the adaptability of such areas for use as state parks, state forests and/or game and fish preserves to be developed for the control of stream flow and erosion, recreation, game and fish refuges or preserves, forest preserves, and for other similar uses.

HISTORY: Codes, 1942, § 6033; Laws, 1934, ch. 153; Laws, 1987, ch. 371, § 1; Laws, 2000, ch. 516, § 101, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-7. Transfer and dedication of lands for use as state forests, parks, etc.

The commission shall investigate and determine whether or not the public interests may be served by the utilization of any lands owned by the State of Mississippi, for state forests, parks, game and fish preserves, recreation centers, and for other public purposes, and the findings of the commission shall be submitted to the board of supervisors of the county wherein such lands lie. Thereupon the clerk of the board of supervisors shall post, or cause to be posted, in three (3) public places in said county, one (1) of which shall be the courthouse of said county, a notice setting out the findings of the commission and describing the lands involved and reciting that a hearing will be had before said board at its first regular meeting held after the expiration of twenty-one (21) days from the date of posting such notice, and that at such meeting any objections to the proposed transfer and dedication will be heard. Furthermore, the chancery clerk shall send by registered mail, with a return receipt requested, a copy of such notice to each person shown by the assessment rolls to have been the owner or of any of the lands concerned should such lands have been sold for taxes. However, any irregularity in the giving of such notice, either by posting or by mail, shall not invalidate any transfer or dedication made. After such hearing, the board of supervisors shall spread its findings upon its minutes, and if the transfer and dedication be approved, a certified copy of such findings shall be forwarded to the commission. The commission upon receipt of such resolution shall forward the same, together with its findings as to the description of such transfer and dedication, to the Governor. If he finds that the board of supervisors of the county wherein such lands lie has approved such transfer and dedication, he may, in his discretion, set aside and dedicate any lands owned by the state for such purposes above mentioned. After the Governor has proclaimed, set aside and dedicated any lands for such purposes, the same shall not thereafter be sold. However, no lands forfeited to the state for nonpayment of taxes thereon shall be so transferred and dedicated until after the expiration of eighteen (18) months after the date of maturity of such tax titles in the state.

HISTORY: Codes, 1942, § 6034; Laws, 1934, ch. 153; Laws, 1987, ch. 371, § 2; Laws, 2000, ch. 516, § 102, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-9. Exchange of lands by state and private landowner.

If in the opinion of the commission, it is necessary to consolidate state lands for more economical administration as state parks and state forests, the Secretary of State, by and with the approval of the Governor, is authorized to exchange with individuals or corporations any state lands for other lands owned by individuals or corporations. The owner of such private lands shall make application for such exchange. In event such exchange is applied for, the Secretary of State is authorized to issue a patent, as provided by the existing statutes, to any landowner, upon the execution and delivery by the landowner of a deed conveying to the state land of equivalent value.

HISTORY: Codes, 1942, § 6035; Laws, 1934, ch. 153; Laws, 1987, ch. 371, § 3; Laws, 2000, ch. 516, § 103, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-11. Control and management of lands.

The State Forestry Commission shall have the control and management of any and all forests or public parks set aside and dedicated as provided for in Section 55-3-7, and shall have authority to issue grazing or farming permits or leases on said parks, and to make sales of timber and other forest products of the soil from same. The Mississippi Commission on Wildlife, Fisheries and Parks shall have the control and management of any and all lands set aside and dedicated for a fish and game refuge and/or preserve. The State Forestry Commission and the Mississippi Commission on Wildlife, Fisheries and Parks shall cooperate in the utilization of any lands so dedicated both for forestry and game and fish conservation purposes.

In the case of state forests and/or state parks the State Forestry Commission, and, in the case of fish and game preserves, the Mississippi Commission on Wildlife, Fisheries and Parks, is hereby vested with authority to institute proceedings against trespassers and others in the name of the State of Mississippi, and to do all things necessary and proper to obtain the most complete and advantageous developments of state forests, parks, and fish and game preserves.

HISTORY: Codes, 1942, § 6036; Laws, 1934, ch. 153; Laws, 2000, ch. 516, § 104, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-13. Purchase or condemnation by counties of lands to be given to state; source of funds.

The board of supervisors of any county in the state is hereby authorized and empowered to purchase or acquire by eminent domain land to be conveyed to the state for state parks, forests and other purposes, as herein provided, and, for that purpose, is authorized and empowered to set aside, appropriate and expend moneys from the general fund. Said board shall have the authority to borrow money to make any such purchases of lands, in anticipation of the collection of taxes for the payment thereof. However, no lands occupied as a bona fide homestead shall be subjected to such power of eminent domain.

HISTORY: Codes, 1942, § 6037; Laws, 1934, ch. 153; Laws, 1935, ch. 54; Laws, 1986, ch. 400, § 40, eff from and after October 1, 1986.

§ 55-3-15. Disposition of revenues.

Seventy-five percent (75%) of the gross revenue derived from state forests shall be paid into the State Treasury to the credit of the general fund. Twenty-five percent (25%) derived from state forests shall be paid into the school fund of the county from which the revenue is derived, payment being made to the county as compensation for possible loss of revenue. Seventy-five percent (75%) of the gross revenue derived from fish and game refuges and/or preserves created and established by the Department of Wildlife, Fisheries and Parks in conjunction with the commission created in Section 55-3-5 shall be paid to the fisheries and wildlife fund of the state to be expended as other funds of the Department of Wildlife, Fisheries and Parks are expended, and twenty-five percent (25%) of such gross revenue shall be paid into the school fund of the county from which the revenue is derived.

HISTORY: Codes, 1942, § 6038; Laws, 1934, ch. 153; Laws, 1982, ch. 365, § 11; Laws, 1995, ch. 438, § 1, eff from and after July 1, 1995.

§ 55-3-17. Transfer of lands by drainage districts.

Any drainage district, acting through the drainage commissioners of said district, as organized and provided in Title 51, Chapters 27, 29, 31, of the Mississippi Code of 1972, is hereby authorized, in its discretion, to transfer to the State of Mississippi, free of any and all liens, any lands purchased by such drainage district for nonpayment of taxes. However, no such transfer shall be made except that it be stated in the deed of conveyance that the lands so transferred shall be dedicated and used by the State of Mississippi as provided in Sections 55-3-5 through 55-3-15.

HISTORY: Codes, 1942, § 6040; Laws, 1934, ch. 232.

§ 55-3-19. Exercise of power of eminent domain when federal and state governments are establishing major park and forest and game reserve.

Where the federal government and the state government or any subdivision thereof are cooperating in the establishment of a major park and forest and game reserve, and where the property owners in the territory therein involved have agreed to convey as much as fifty percent (50%) of the area required for said purposes, the State Forestry Commission, together with the Mississippi Commission on Wildlife, Fisheries and Parks or any subdivision of the state, are hereby empowered to exercise the right of eminent domain in the manner now provided by law to obtain the necessary lands needed.

HISTORY: Codes, 1942, § 6045; Laws, 1938, Ex. ch. 37; Laws, 2000, ch. 516, § 105, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-21. Kurtz State Forest.

There is hereby established in the State Treasury a revolving fund to be used by the State Forestry Commission to carry out the provisions of the will of William W. Kurtz, dated July 12, 1940, which donated one thousand seven hundred sixty (1,760) acres of forestland in Greene County to the State of Mississippi to be held, protected, administered and improved by the State Forestry Commission as a state forest. The fund shall be called the Kurtz State Forest Revolving Fund, and money for the fund shall accrue from any revenues derived from the Kurtz State Forest including, but not limited to, timber sales, hunting leases, permit fees, and stump and naval stores operations. The State Forestry Commission is authorized to expend a portion of the moneys in the fund to purchase in the name of the State of Mississippi other lands, not to exceed five hundred (500) acres, which are contiguous to or located near the lands donated by the Kurtz will, for the purpose of expanding the Kurtz State Forest. The State Forestry Commission also may expend moneys in the fund for the purposes described in Section 55-3-23. The State Treasurer shall invest all moneys in the fund, and interest earned on the investments shall be paid back into the fund and not into the General Fund. The fund shall be audited annually by the State Auditor.

HISTORY: Laws, 1985, ch. 430; Laws, 1993, ch 622, § 2, eff from and after passage (approved April 12, 1993).

§ 55-3-23. Maintenance of cemetery where donors of Kurtz State Forest buried.

The Mississippi Forestry Commission is authorized, annually, to pay to the State Line Cemetery Association, out of the proceeds and receipts derived from timber sales in the Kurtz State Forest, an amount not to exceed Two Hundred Dollars ($200.00) for the upkeep of the cemetery in which W. W. Kurtz and wife, the donors of Kurtz State Forest, are buried.

HISTORY: Laws, 1955, ch. 253; Laws, 1993, ch 622, § 1, eff from and after passage (approved April 12, 1993).

§ 55-3-31. Mississippi Department of Wildlife, Fisheries and Parks to be Mississippi Commission on Natural Resources, Bureau of Recreation and Parks; references to Mississippi Park Commission.

1. The Mississippi Department of Wildlife, Fisheries and Parks shall be the Mississippi Commission on Natural Resources, Bureau of Recreation and Parks, and shall retain all powers and duties granted by law to the Department of Natural Resources, Bureau of Recreation and Parks, and wherever the term Department of Natural Resources, Bureau of Recreation and Parks, appears in any law it shall mean the Department of Wildlife, Fisheries and Parks.
2. The words “Mississippi Park Commission,” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Department of Wildlife, Fisheries and Parks.

HISTORY: Codes, 1942, § 5958-01; Laws, 1971, ch. 492, § 1; Laws, 1978, ch. 484, § 41; Laws, 1989, ch. 544, § 122, eff from and after July 1, 1989.

§ 55-3-33. General powers and duties of department.

1. The Mississippi Department of Wildlife, Fisheries and Parks may:
   1. Take charge and have full jurisdiction and control over all state parks, which parks shall be operated for the purpose of providing outdoor recreational activities and enjoyment for the citizens of the State of Mississippi and for the purpose of attracting visitors to the state.
   2. Set up a uniform accounting procedure for the state parks and prescribe the manner in which books, records and accounts shall be kept, which procedure shall account for all monies taken in and expended by the various parks and shall provide for periodic audits of such books.
   3. Accept gifts, bequests of money or other property, real or personal, to be used for the purpose of advancing the recreation and conservation interests in state parks. The department is authorized, subject to approval by the State Legislature, to purchase property, real or personal, to be used for state park purposes.
   4. Contract with the State Transportation Commission, any municipality or board of supervisors of the state for locating, constructing and maintaining roads and other improvements in state parks and for payment of a part of the costs thereof; however, no county or municipality more than twenty-five (25) miles distant from a state park may contract for, or do, or pay for any such work for a state park other than the International Gardens of Mississippi. Any county or municipality authorized to assist financially under the provisions of Sections 55-3-31 through 55-3-51 is authorized, in the discretion of its respective governing authority, to set aside, appropriate and expend monies from the General Fund for the purpose of defraying such expense after a mandatory election is held on the question within the county or municipality.
   5. Designate employees as peace officers with power to make arrests for infraction of the rules and regulations of the department. Such officers are authorized to carry weapons and to enforce the laws of the State of Mississippi within the confines of a state park.
   6. Enforce and delegate the responsibility to enforce all reasonable rules and regulations governing the occupancy and use of lands and waters in state parks under its jurisdiction, supply recreational and conservation facilities and charge fees for the use of same; review all rates and charges for facilities and accommodations furnished at the various state parks annually, making such charges as are justified; and establish fees for entrance to state parks.
   7. To periodically establish a discounted fee or fees for the entry and use of selected state parks and recreational facilities. The discounted fee or fees shall only be used for the purpose or purposes of marketing and promotion to increase the patronage and revenue of those selected parks and facilities. The discounted fee or fees shall not be considered a donation of state property.

      Each park shall retain from revenues generated therein, a sum sufficient to pay necessary expenses of operation, but in no event to be less than seventy-five percent (75%) of such revenues.

2. The department shall have the authority to lease to any entity, sell and convey or otherwise transfer to any county or municipality, or close any state park or historical site within its jurisdiction which received a general fund subsidy in fiscal year 1985 in excess of Two Dollars ($2.00) per visitor to such state park or historical site; provided, however, that this authority shall not include the authority to sell, lease or convey any park that was not in operation under the jurisdiction of the department for a full fiscal year prior to fiscal year 1986.
3. The department may execute agreements with rails-to-trails and recreational districts by which the department will assume responsibility for the operation and maintenance of trails developed under Sections 55-25-1 through 55-25-15.
4. 1. The department may contract with the electric public utility with a certificate of public convenience and necessity to serve the area where a state park is located for the transfer of ownership of the electrical infrastructure in the state park to that electric public utility.
   2. If the electric public utility enters into an agreement for the operation and maintenance of electrical facilities in a state park, the electric public utility may perform any upgrades to the electrical infrastructure of the park that are necessary for the electrical infrastructure to be in compliance with the electric public utility standards. The electric public utility may assess the costs of the upgrades to the department upon the terms and conditions agreed to by the department and the electric public utility.
   3. The department may contract with the electric public utility with the certificate of public convenience and necessity to serve the area for the erection, construction, maintenance, operation and control of electric distribution substations, electric transmission lines, electrical appurtenances, electrical appliances or electrical equipment necessary or useful in the operation or distribution of electric power or energy in the state park.
   4. Any agreement entered into by the department and an electric public utility under this subsection is exempt from the public purchasing requirements under Section 31-7-13.

HISTORY: Codes, 1942, § 5958-02; Laws, 1971, ch. 492, § 2; Laws, 1972, ch. 340, § 3; Laws, 1986, ch. 400, § 41; Laws, 1986, ch. 500, § 42; Laws, 1989, ch. 544, § 123; Laws, 1994, ch. 574, § 9; Laws, 2010, ch. 367, § 1; Laws, 2013, ch. 466, § 1, eff from and after July 1, 2013.

§§ 55-3-35 through 55-3-39. Repealed.

Repealed by Laws, 1978, ch. 484, § 42, eff from and after July 1, 1979.

§55-3-35. [Codes, 1942, § 5958-03; Laws, 1971, ch. 492, § 3]

§55-3-37. [Codes, 1942, § 5958-05; Laws, 1971, ch. 492, § 5]

§55-3-39. [Codes, 1942, §§ 5958-03, 5958-04; Laws, 1971, ch. 492, §§ 3, 4]

§ 55-3-41. Mississippi Park Fund.

A fund to be known as “Mississippi Park Fund” is hereby established in the State Treasury, and all funds held in the “Mississippi Park System Fund” shall be transferred thereto.

Funds collected by the department shall be deposited in the State Treasury to the credit of the fund. The interest from the Mississippi Park Fund earned from any investment or deposit made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited to the Mississippi Park Fund by the treasurer. Expenditures shall be made from the fund upon requisition signed by the executive director, or by a person whom the executive director may designate and the State Fiscal Officer shall issue his warrant on the State Treasury payable out of the Mississippi Park Fund. All funds in the Mississippi Park Fund shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.

HISTORY: Codes, 1942, § 5958-01; Laws, 1971, ch. 492, § 1; Laws, 1974, ch. 462; Laws, 1984, ch. 488, § 236; Laws, 1992, ch. 435 § 1, eff from and after passage (approved May 4, 1992).

§ 55-3-43. Repealed.

Repealed by Laws, 1983, ch. 469, § 10, eff from and after July 1, 1983.

[Codes, 1942, § 5958-03; Laws, 1971, ch. 492, § 3]

§ 55-3-45. Local advisory committees.

The commission may appoint for each state park a local advisory committee to furnish counsel and advice to the executive director and to park personnel concerning the operation and development of said park. The committee is to serve without pay.

HISTORY: Codes, 1942, § 5958-08; Laws, 1971, ch. 492, § 8; Laws, 2000, ch. 516, § 106, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-47. Leasing and conveyance of easements and rights-of-way; settlement of title or boundary disputes; sale or exchange of certain state park lands; disposition of revenues.

1. In order to carry out its management responsibilities over all state park lands which are now or which may hereafter come under its jurisdiction, the Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized to lease, and to grant easements and rights-of-way over and across, any part of such state park lands. Such leases, easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of said lands for recreational purposes, and subject to the following limitations: The department shall lease such lands for a term not exceeding twenty-five (25) years and shall grant in the original lease contract a nonnegotiable option to renew such lease for an additional term not to exceed twenty-five (25) years. Both the original lease contract and the option to renew such lease shall be transferable contracts. Further, the department shall not lease such lands for purposes which are incompatible with recreational use and may place such terms, limitations, restrictions and conditions in such leases as are deemed necessary to ensure the proper utilization of such lands. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of a state park.
2. The department is further authorized to enter into such agreements as may be required, upon such terms as may be found to be in the best interest of the state, in settlement of disputes or litigation regarding the title to or boundaries of any state park lands within the jurisdiction of the department, provided such settlement agreements shall be negotiated and drafted with the advice, counsel and assistance of the Attorney General and shall be approved by the Department of Finance and Administration.
3. In case any of the real estate within any state park under the jurisdiction of the department shall cease to be used or useful for state park purposes, or becomes the subject of boundary or title disputes or litigation, the department may sell and convey the same, with the approval of the Department of Finance and Administration, upon such terms as the Department of Finance and Administration may elect and may, in addition, exchange the same, with the approval of the department, for real estate belonging to any other political subdivision or state, county or local governmental agency or department. The department is authorized to sell and convey or otherwise transfer any state park or historical site as described in subsection (2) of Section 55-3-33. Before any such sale or transfer, except as may occur in settlement of title or boundary disputes or litigation, the department shall publish notice of its intention to sell the park land by public sale to the highest and best bidder at least once each week for three (3) consecutive weeks in at least one (1) public newspaper of general circulation in the county where such land is located and also in at least one (1) newspaper of general circulation throughout the state. Prior to any such sale, the department shall obtain at least two (2) separate and independent appraisals of the land to be sold and may not accept any bid lower than the average of all appraisals made. The department may reject any and all bids. The owner or any co-owner of record next preceding the state in title to any lands sold hereunder by public bid, excluding any entity which may have exercised the power of eminent domain to assist the state in acquiring said lands, shall have the opportunity to reacquire such lands by matching the successful bid therefor. If the owner or any co-owner of record next preceding the state in title, or the heirs or estate of such owner or co-owner, acquires said lands, then the department shall not reserve unto the state any minerals owned by the state underlying the conveyed lands. However, if anyone other than such owner or co-owner, or his heirs or estate, acquires said lands, then the department shall reserve unto the state one-half (1/2) of the minerals owned by the state underlying the conveyed lands, except for lands sold in settlement of title or boundary disputes or litigation, in which case the department may, in its discretion, reserve said minerals. Appraisal fees shall be shared equally by the department and purchaser.
4. In exercising the authority granted in this section, the department may act by and through its executive director in the execution of any document or instrument prepared hereunder. Any lease, deed or settlement agreement executed under the provisions of this section shall bear the seal and attest of the Secretary of State, with whom said instrument or document shall be filed and recorded in addition to any other recording requirements of state law.

   This section shall not apply to sixteenth section school lands or lieu lands included within any state park, except as may be necessary or appropriate for the department to ratify or confirm any action taken by the agency or department having jurisdiction over such school or lieu lands.

   All revenues collected by the department by virtue of any transaction consummated under the provisions of this section shall be deposited in the Mississippi Park Fund created by Section 55-3-41, from which funds shall be expended only as authorized by the legislative appropriations process.

5. This section shall not apply to the donation and conveyance of the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians.

HISTORY: Codes, 1942, § 5958-09; Laws, 1971, ch. 492, § 9; Laws, 1984, ch. 494; Laws, 1986, ch. 500, § 43; Laws, 1987, ch. 377; Laws, 1989, ch. 544, § 124; Laws, 2007, ch. 310, § 4, eff from and after passage (approved Mar. 12, 2007.).

§ 55-3-48. Pilot program to lease lands within certain state parks for commercial development; State Park Lease Development Endowment Fund created; State Parks Pilot Program Advisory Council created; composition.

1. For the purposes of this section, the following terms shall have the meanings ascribed in this section unless the context clearly requires otherwise:
   1. “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks.
   2. “Department” means the Mississippi Department of Wildlife, Fisheries and Parks.
2. The Mississippi Department of Wildlife, Fisheries and Parks, with the approval of the Commission on Wildlife, Fisheries and Parks, may conduct a pilot program to lease to any person, private entity or governmental entity for commercial development on United States Corp of Engineer’s lands within the following state parks: George P. Cossar, Hugh White and John W. Kyle. The commission shall establish criteria for identifying such land or property.
3. 1. Before approving any land or property located within any of the three (3) state parks for commercial lease and development, the commission must make an affirmative finding and enter upon its official minutes a statement that the development of the land will not be incompatible with the outdoor recreational purposes and opportunities existing at the park or inaccessible to the general public.
   2. The lease may be for a term and upon conditions as the commission may deem to be in the best interest of the state.
4. If any lease executed under the provisions of this section results in a person being terminated or removed from employment with the department, then the department shall give preference to hiring that person when filling vacant or new employment positions elsewhere within the department.
5. A developer or lessee may sublease such portions of his lease as may be necessary for the development of a project. A sublease shall be an assignable contract and shall be for commercial purposes, as approved by the commission; however, a sublease may not be for a term in excess of the remaining term of the developer’s lease. Each sublease from the developer shall contain an option for the sublessee to renew or renegotiate the lease directly with the department, at any time following ten (10) years after the beginning date of any sublease from the developer.
6. Rental payments due under any lease executed under this section shall be paid to the department and shall be deposited into the State Park Lease Development Endowment Fund created in this section.
7. Any construction occurring on land or property leased under this section must fully comply with all applicable state laws, rules and regulations, and any local building codes and zoning ordinances. Development plans and construction must have the prior approval of the commission.
8. The department, with approval of the commission, may enter into contracts or agreements with agencies of the United States government, municipalities, corporations, districts, public agencies, political subdivisions of any kind, and others for any services, facilities, utilities or commodities that any development project under the provisions of this section may require. The contract or agreement may be assigned to the developer or lessee, may be upon any terms that conform to the provisions of this section, may be for any time as the parties may agree, and may provide that the contract or agreement shall continue in effect until assigned to, or renegotiated by, a sublessee of the developer or lessee.
9. There is created in the State Treasury a special fund to be known as the “State Park Lease Development Endowment Fund.” The fund shall consist of all monies required to be deposited therein under the provisions of this section. The principal of the fund shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the fund may be expended by the Mississippi Department of Wildlife, Fisheries and Parks, upon appropriation by the Legislature, only for the purpose of constructing, reconstructing, repairing, renovating or making improvements to real and personal property and facilities located within the state parks. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.
10. 1. There is created a State Parks Pilot Program Advisory Council to the Commission on Wildlife, Fisheries and Parks to advise and assist the commission on the selection of any developers, development plans and approval of leases for development of the three (3) state parks under the provisions of this section with any person, private or governmental entity. Members of the advisory council shall have no veto authority, and shall serve only as ex officio members of the commission.
    2. The advisory council shall consist of three (3) members, one (1) member each to be selected and appointed by the Boards of Supervisors for Grenada, Panola and Yalobusha Counties, representative of each county in which a pilot-program park is located. The terms of the members of the advisory council shall run concurrently with the term of the appointing board of supervisors. In making its appointment to the advisory council, the boards of supervisors shall be limited to appointing an individual who is a member of the following organizations:
       1. A flood control/navigation or upper levee board association;
       2. A statewide soil, water and conservation organization;
       3. A statewide recreational organization;
       4. A statewide garden club association; or
       5. A tourism and economic development association.

HISTORY: Laws, 2011, ch. 521, § 1, eff from and after July 1, 2011.

§ 55-3-49. Preventive maintenance program.

The department through its executive director, shall inaugurate a positive program of preventive maintenance for all parks under its jurisdiction.

HISTORY: Codes, 1942, § 5958-06; Laws, 1971, ch. 492, § 6; Laws, 2000, ch. 516, § 107, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-51. Development of historic sites.

The department shall give due and careful attention to the proper development of historical sites designated within its jurisdiction. However, the department shall not accept for its supervision, control, responsibility or jurisdiction any historic sites hereafter offered to it without prior legislative approval.

HISTORY: Codes, 1942, § 5958-07; Laws, 1971, ch. 492, § 7; Laws, 2000, ch. 516, § 108, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-53. Sale of timber on state park lands.

1. The Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized and empowered to sell and dispose of timber, trees, deadwood and stumps standing, growing and being upon the lands of state parks. Such timber shall be sold and disposed of under the direction and specifications of the Department of Wildlife, Fisheries and Parks in accordance with sound and efficient principles of selective cutting, forestry management and conservation.

   Before any such timber, trees, deadwood and stumps shall be sold, the Department of Wildlife, Fisheries and Parks shall select and mark the trees to be cut and disposed of. No trees or timber shall be marked for cutting when the cutting thereof would destroy or mar the scenic views from the tourist observation points in said park. The purchaser shall pay double price on sale basis for all trees, timber or stumps cut that had not been marked for removing by the Department of Wildlife, Fisheries and Parks.

   Before any such timber, trees, deadwood or stumps standing, growing or being upon such land shall be sold, the department shall advertise its intention so to do by publication in a newspaper published or having general circulation in the county or counties where parks are located, such notice to be published at least once a week for three (3) consecutive weeks preceding the sale and by posting one (1) notice in the courthouse in such county. The notice shall specify that such bids shall be filed with the superintendent of the state park involved, who shall transmit same to the Department of Wildlife, Fisheries and Parks for rejection or approval. Said department shall accept the bid of the highest and best bidder for cash, but shall have the right to reject any and all of such bids.

   Provided, however, in the case of damage by fire, windstorm, insects or other natural causes which would require immediate sale of the timber, because the time involved for advertisement as prescribed herein would allow decay, rot or destruction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply. The State Park Director, upon a written recommendation from the county forester of the county wherein said state park is located, shall determine when immediate sale of the timber is required. When the State Park Director shall find an immediate sale necessary for the causes stated herein, he shall, in his discretion, set the time for receipt of bids on the purchase of said timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received.

   Whenever any timber, trees, deadwood or stumps are sold under the provisions of this section, the purchaser thereof shall have all necessary rights of ingress and egress to enter upon said land and cut and remove such timber, trees, deadwood or stumps.

   The proceeds derived or received from all sales under the provisions of this section shall be placed in the State Parks Timber Management Endowment Fund created under Section 55-3-54.

2. Notwithstanding the provisions of subsection (1) of this section, the Department of Wildlife, Fisheries and Parks may cut and sell trees damaged by fire, windstorm or insects and deadwood and stumps located upon the lands of state parks for firewood. Such firewood shall be sold only to overnight guests at state parks for use at state parks. The Department of Wildlife, Fisheries and Parks shall select and mark all trees to be cut for firewood.

HISTORY: Codes, 1942, § 5957-12; Laws, 1964, ch. 240, § 12; Laws, 1980, ch. 512; Laws, 1989, ch. 544, § 125; Laws, 2004, ch. 349, § 2, eff from and after July 1, 2004.

§ 55-3-54. State Parks Timber Management Endowment Fund.

There is created in the State Treasury a special fund to be known as the “State Parks Timber Management Endowment Fund.” The fund shall consist of all monies required to be deposited therein under the provisions of Section 55-3-53. The principal of the fund shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the fund may be expended by the Mississippi Department of Wildlife, Fisheries and Parks, upon appropriation by the Legislature, only for the purpose of constructing, reconstructing, repairing, renovating or making improvements to real and personal property and facilities on any of the state parks under the jurisdiction and control of the Commission on Wildlife, Fisheries and Parks. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

HISTORY: Laws, 2004, ch. 349, § 1, eff from and after July 1, 2004.

§ 55-3-55. Repealed.

Repealed by Laws, 1978, ch. 484, § 42, eff from and after July 1, 1979.

[Codes, 1942, § 5957-07; Laws, 1964, ch. 240, § 7]

§ 55-3-57. Bond of employees; disposition of recovery on forfeiture of bond.

Each employee of the department, when required by resolution of a majority of the commission, shall give a bond for the faithful performance of his duties as an employee of the commission, which bond shall be made payable to the State of Mississippi and shall be in the penal sum of One Thousand Dollars ($1,000.00). In case of forfeiture of any bond provided for herein, and recovery on same, the amount received shall go to the department, to be used by it in furtherance of the management and development of the state parks.

HISTORY: Codes, 1942, § 5957-08; Laws, 1964, ch. 240, § 8; Laws, 2000, ch. 516, § 109, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-59. Penalties for violations of rules and regulations.

Any person violating any of the rules and regulations promulgated by the commission is guilty of a misdemeanor, and upon conviction, shall be liable to a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), or be subject to imprisonment for not less than ten (10) days nor more than thirty (30) days, or shall be liable to both such fine and imprisonment in the discretion of the court.

HISTORY: Codes, 1942, § 5957-09; Laws, 1964, ch. 240, § 9; Laws, 2000, ch. 516, § 110, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-61. Appropriations and donations by county boards of supervisors for park purposes.

The board of supervisors of any county where a state park is located may, in its discretion, appropriate and donate to the Department of Wildlife, Fisheries and Parks yearly a sum not to exceed Five Thousand Dollars ($5,000.00) out of the general county fund for the establishment, maintenance and support of the state park within that county. All money appropriated and donated by the board of supervisors shall be used for the establishment, maintenance and support of the state park within such county and for no other purpose.

The board of supervisors of any county lying wholly within a levee district, and having two (2) judicial districts, bordering on the Mississippi River and wherein Highway 61 and Highway 8 intersect, is authorized, in its discretion, to expend funds from the general fund of the county for the establishment, maintenance and support of a state park within that county to be located upon lands situated adjacent to the Mississippi River and lying west of the mainline Mississippi River levee within that county. In addition, the board is authorized, in its discretion, to expend county or supervisors district road maintenance and construction funds for the construction and maintenance of roads leading to and across the lands upon which the park is to be located.

HISTORY: Codes, 1942, § 5957-10; Laws, 1964, ch. 240, § 10; Laws, 1974, ch. 331; Laws, 1986, ch. 400, § 42; Laws, 1989, ch. 544, § 126; Laws, 1998, ch. 435, § 1, eff from and after July 1, 1998.

§ 55-3-63. Sardis Lake and Enid Lake state parks.

There are hereby authorized to be established state parks to be under the jurisdiction of the department, on land to be provided for this purpose by the United States:

On Sardis Lake in Panola County, Mississippi;

On Sardis Lake in Lafayette County, Mississippi, reasonably close and accessible to the University of Mississippi near the Sardis Dam Reservoir on the south side of Sardis Lake; and

On Enid Lake in Yalobusha County, Mississippi.

HISTORY: Codes, 1942, §§ 5957-11, 5957-13; Laws, 1964, ch. 240, §§ 11, 13; Laws, 2000, ch. 516, § 111, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-65. State park, game management areas and wildlife refuges in Pickwick Reservoir Area.

The Governor of the State of Mississippi is hereby authorized to enter into an indenture and agreement with the Tennessee Valley Authority as the agent of the United States of America whereby the State of Mississippi will acquire certain lands located in Tishomingo County, Mississippi, in the Pickwick Reservoir Area for use as a state park or parks, game management areas, and/or wildlife refuges. The department is hereby authorized and empowered to establish, maintain and operate a state park or parks, game management areas, and/or wildlife refuges on said lands thus acquired.

The department is authorized to build a lodge or lodges, cabins, boating, recreational, camping, and any and all other facilities suitable or convenient for the purpose of establishing such a state park or parks, game management areas, and/or wildlife refuges not to be limited by the enumeration of purposes above. All state and local agencies of government are authorized to assist and cooperate with the commission for the purposes of this section.

HISTORY: Codes, 1942, § 5957-14; Laws, 1964, ch. 240, § 14; Laws, 2000, ch. 516, § 112, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-67. Samuel Dale historical monument.

There is hereby authorized to be established an historical monument near Meridian, Mississippi, in Lauderdale County, at the burial site of Samuel Dale, which area shall be under the jurisdiction of the department.

HISTORY: Codes, 1942, § 5957-11; Laws, 1964, ch. 240, § 11; Laws, 2000, ch. 516, § 113, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-69. Comprehensive long-range plan for development of state outdoor recreation resources.

The commission, in cooperation with the University Research Center, is authorized and directed to supervise the preparation, maintenance and upgrading of a comprehensive long-range statewide plan for the development of outdoor recreation resources of the state, which plan will be prepared by the staff of the commission.

HISTORY: Codes, 1942, § 5974-102; Laws, 1966, ch. 282, § 2; Laws, 1988, ch. 518, § 25; Laws, 2000, ch. 516, § 114, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-71. Duties of executive director relating to Land and Water Conservation Fund Act.

The executive director is designated as the authorized representative of the State of Mississippi under the federal Land and Water Conservation Fund Act, and the executive director is hereby directed to utilize the plan specified in Section 55-3-69 in carrying out the authority vested in said office, it being the intention that any action taken by the authorized representative be pursuant to and in compliance with said plan.

HISTORY: Codes, 1942, § 5974-103; Laws, 1966, ch. 282, § 3; Laws, 2000, ch. 516, § 115, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-73. Agreements with United States, etc., generally; representation of state and local entities.

The commission may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial records and other records relating thereto, and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonable and necessary to enable such appropriate officials of the United States government and agencies thereof to perform their duties under such federal programs. In connection with obtaining for the State of Mississippi the benefits of any such program, the department shall coordinate its activities with and represent the interest of all agencies and departments of the state and of the municipal, county and other governmental units and subdivisions of the State of Mississippi having interest in the planning, development and maintenance of outdoor recreation resources and facilities within the state.

HISTORY: Codes, 1942, § 5974-104; Laws, 1966, ch. 282, § 4; Laws, 2000, ch. 516, § 116, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-75. Projects to be undertaken only if funds are available.

Projects may be undertaken only after the department has determined that sufficient funds are available for meeting the state’s share of project costs.

HISTORY: Codes, 1942, § 5974-105; Laws, 1966, ch. 282, § 5; Laws, 2000, ch. 516, § 117, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-77. Agreements with United States on behalf of counties, municipalities and other governmental units.

The commission may enter into and administer agreements with the United States or any appropriate agency thereof for the planning, acquisition, or development of projects involving participating federal aid funds on behalf of any county, municipality or other governmental unit, provided that such county, municipality or other governmental unit gives necessary assurances to the department that it has available sufficient funds to meet its share of the cost of the project and that the acquired or developed areas will be operated and maintained at its expense for public outdoor recreation use.

HISTORY: Codes, 1942, § 5974-106; Laws, 1966, ch. 282, § 6; Laws, 2000, ch. 516, § 118, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-79. Outdoor Recreation Fund.

There is hereby created a Mississippi Outdoor Recreation Fund. Any federal funds received under Sections 55-3-69 through 55-3-77 shall be deposited in the State Treasury and credited to the Mississippi Outdoor Recreation Fund for the purpose of carrying out the provisions of said sections. The funds in this account shall be disbursed by the department in the usual manner that state funds are disbursed.

HISTORY: Codes, 1942, § 5974-107; Laws, 1966, ch. 282, § 7; Laws, 2000, ch. 516, § 119, eff from and after passage (approved Apr. 30, 2000.).

§ 55-3-81. Functions and jurisdiction of state agencies unaffected by Sections 55-3-69 through 55-3-79.

Nothing in Sections 55-3-69 through 55-3-79 shall be construed as attempting to substitute, transfer or supersede the proper constitutional or statutory function or jurisdiction of any state agency or head thereof by any other state agency.

HISTORY: Codes, 1942, § 5974-108; Laws, 1966, ch. 282, § 8, eff from and after passage (approved June 16, 1966).

§ 55-3-83. Yocona Ridge State Park renamed George Payne Cossar State Park.

The Department of Wildlife, Fisheries and Parks is hereby directed to change the name of the Yocona Ridge State Park to the “George Payne Cossar State Park.”

Any reference in any laws of the State of Mississippi to the Yocona Ridge State Park shall be deemed to mean the George Payne Cossar State Park.

HISTORY: Laws, 1979, ch. 446; Laws, 1989, ch. 544, § 127, eff from and after July 1, 1989.

§ 55-3-101. Authority of Governor to close state parks.

As supplemental to and in addition to all other power and authority which may now be vested in the Governor of the State of Mississippi by the constitution or statutes, or both, or any power or authority which may be vested in him by common law as Governor, as such, the Governor of the State of Mississippi is hereby vested with the authority to close any or all state parks in the State of Mississippi when, in his discretion, he determines such closure would be to the best interest of the county or counties in which any state park or parks may be situated, or whenever he so determines such to be to the best interest of the State of Mississippi. The said Governor, as such, is also vested with such supplemental and additional authority to close any or all state parks in the State of Mississippi when, in his discretion, he determines such closure will promote or preserve the public peace, order or tranquility of the county or counties in which such park or parks may be situated, or that such closure will promote or preserve the public peace, order or tranquility in and of the State of Mississippi.

The fact that the power and authority to close any or all of the state parks may be by some other statute of the State of Mississippi now or hereafter vested in some other person or officer or commission shall not cause this section and any other such law or laws to be in conflict nor shall same be construed to be in conflict with each other. Such power and authority vested in each such commission or person or officer, as the case may be, may be exercised by each or either, independent of any other such commission of person or persons or officer or officers.

HISTORY: Codes, 1942, § 5963.6; Laws, 1958, ch. 194, §§ 1-6.

§ 55-3-103. Proclamation as to closure; period of closure.

The decision or determination to close any or all of the state parks shall be effectuated and evidenced by a proclamation of the Governor of the State of Mississippi and which shall be effective upon his execution or issuance thereof. Such park or parks closed shall remain so closed until said Governor shall execute or issue a further proclamation opening same. The use by said governor of the power vested in him by the terms of Section 55-3-101 may be exercised from time to time, as, in his discretion, he may deem necessary for any or all of the purposes specified in said section. Any proclamation of closure need not specify the period of time during which such closure shall be effective.

HISTORY: Codes, 1942, § 5963.6; Laws, 1958, ch. 194, §§ 1-6.

§ 55-3-105. Entry upon premises of closed park.

Upon the closure of any state park or parks, no person shall go or enter upon the premises thereof except with the permission or approval of said Governor. Any other person going or entering upon said premises shall be a trespasser and guilty of a misdemeanor under the laws of the State of Mississippi and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than thirty (30) days, or both so fined and imprisoned.

HISTORY: Codes, 1942, § 5963.6; Laws, 1958, ch. 194, §§ 1-6.

§ 55-5-1. Declaration of emergency.

The urgent need for bridges over and across the rivers and waters within and bordering this state, and the need on the part of the inhabitants of the State of Mississippi for the expenditure of such funds as may be made available by Sections 55-5-1 through 55-5-17 makes the enactment of said sections into law necessary for the immediate preservation of the public health, safety, convenience and welfare of the inhabitants of this state and requires the necessity that said sections shall take effect and be in force from and after their passage and approval.

HISTORY: Codes, 1942, § 5974; Laws, 1935, ch. 52.

§ 55-5-3. Construction.

Sections 55-5-1 through 55-5-17, being necessary for and to secure the public health, safety, convenience and welfare of municipalities, counties and other political subdivisions of the State of Mississippi, shall be liberally construed to effect the purposes thereof.

HISTORY: Codes, 1942, § 5973; Laws, 1935, ch. 52.

§ 55-5-5. Conveyances by counties of rights-of-way and easements for construction of roadways and parkways by federal government; eminent domain; powers of federal government as to national roadways or parkways generally.

The board of supervisors of any county within the State of Mississippi through which or adjoining which the United States government or any of its agencies desires to construct a roadway or a roadway and parkway in connection therewith, shall have full power to donate such rights of way, together with scenic easements of such additional lands as may be required by the United States government, for the purpose of constructing such roadway or roadway and parkway. Any and all counties in the State of Mississippi are authorized to receive by donation, gift, will or purchase with county funds, any and all necessary lands, rights of way or scenic easements, and after the acquisition of such lands, rights of way or scenic easements may, by resolution or deed or other authorization of the board of supervisors of such county, convey same to the United States or to such subordinate agency of the United States as may be required for the establishment of such roadway or roadway and parkway.

The board of supervisors of any county in the State of Mississippi is hereby expressly vested with the power of eminent domain to condemn for public use as a public park and for scenic easement all lands adjoining such public park or parkway and for road or roadways and to acquire title to all or any part of the lands which such board of supervisors may deem necessary for the purposes of complying with the requirements of the United States government in the establishment of any national roadway or roadway and parkway through the State of Mississippi. Such right of condemnation shall include the right to condemn houses, outbuildings, orchards, yards, gardens and other improvements on such lands. Said board of supervisors is authorized to acquire all or any right, title or interest in and to all or any part of such lands and the improvements thereon by the right of eminent domain in condemnation proceedings or by gift, devise, purchase or any other lawful means for the transfer of title. Such condemnation proceedings shall be carried out and executed as are condemnation proceedings by the highway department of the State of Mississippi as authorized under the laws of the State of Mississippi.

The United States government, or any of its subsidiary agencies, shall have complete control and supervision, severally or in connection with any county or counties in the State of Mississippi or with the highway department of the State of Mississippi, with full power and authority to locate, relocate, widen, alter, change, straighten, construct or reconstruct roads or rights of way, parkways or lands covered by scenic easements on any federal parkway, highway or trace being constructed by the United States government or any of its subsidiary subdivisions or severally or jointly with any county or counties in the State of Mississippi or with the state highway department of the State of Mississippi and shall have full and complete authority for the making of all contracts, surveys, plans and specifications and estimates for the location, laying out, widening, straightening, altering, changing, constructing, reconstructing and maintaining and securing rights of way therefor of any and all such highways, parkways, and scenic easements and shall further have the right to authorize its employees and agents to enter upon property for such purposes. The said United States government severally and any county or counties in the State of Mississippi and the said highway department, either jointly or severally, is further authorized and empowered to obtain and pay for rights of way to such width and extent as may be necessary to meet the requirement of the United States government for the construction and building of new parkway or roadway or scenic highway in the State of Mississippi. Such political authorities, either jointly or severally shall have the right to condemn or acquire by gift or purchase lands necessary for the building and maintenance of said roadway, parkway or trace.

In event that said political authority or authorities so acting, either jointly or severally, shall be unable to agree with the owners of land necessary for widening any existing public highways which shall be used as a part of said national roadway or parkway or for the building of said roadway or parkway or for the laying out of any public highway or parkway in connection therewith or changing the route of an existing public highway, then the said political authority or authorities, either jointly or severally, aforesaid, shall be authorized to condemn any land needed for any of said purposes. The proceedings to acquire such lands by condemnation shall be in conformity with the statute on the subject of eminent domain under the laws of the State of Mississippi, the power of eminent domain being hereby expressly conferred upon said political subdivision or authorities for that purpose.

Such proceedings shall take precedence over all other causes not involving the public interest in all courts and shall be given preference to the end that construction and reconstructions of highways and parkways may not be unreasonably delayed, but the same may be fully expedited. The amount of such compensation and damages, if any, awarded to the owner in such proceedings shall be paid by the respective counties in which the lands obtained for such highway or parkway may be located unless funds are otherwise provided by the State of Mississippi for the acquisition of such lands.

HISTORY: Codes, 1942, §§ 5964, 5965; Laws, 1935, ch. 52.

§ 55-5-7. Conveyances of roads or rights-of-way by Highway Commission.

The State Highway Commission of the State of Mississippi is hereby fully authorized to convey and set over unto the United States government, or any of its subsidiary departments when approved by the Governor of the State of Mississippi, any and all rights of way or roads which it may own or possess or have authority over, conveying same exclusively to the United States government or conveying joint control thereof to the United States government for the purpose of aiding in the location, building, construction and maintenance of a national highway or parkway in the State of Mississippi.

HISTORY: Codes, 1942, § 5967; Laws, 1935, ch. 52.

§ 55-5-9. Conveyances by Governor; grant of rights-of-way, easements, etc., in sixteenth section lands.

The Governor of the State of Mississippi is further authorized to convey to the United States or any of its subsidiary agencies any and all lands owned by the State of Mississippi which have been acquired by tax sale, donation, or gift. The said State of Mississippi and the said boards of supervisors of the county where said parkway is located are fully authorized and empowered to give and grant any and all rights of way, parkway rights or scenic easements in, over and through any sixteenth section lands or lands in lieu of sixteenth section lands, making any and all necessary conveyances thereto which may be required by the United States government.

HISTORY: Codes, 1942, § 5969; Laws, 1935, ch. 52.

§ 55-5-11. Execution of conveyances and deeds.

The board of supervisors and the State of Mississippi, acting by and through its Governor, are fully authorized and vested with power to execute any lawful conveyance or conveyances, deed or deeds which said board of supervisors or such governor may deem proper and necessary for the execution of any contract or contracts under authority of Sections 55-5-1 through 55-5-17. Any deed or deeds or conveyance or conveyances, when executed by the board of supervisors shall be executed in the name of the county, and when executed by the Governor shall be executed in the name of the State of Mississippi. Such deed when executed by the board of supervisors shall be attested by the chancery clerk, and when executed by the governor shall be attested by the secretary of state. Such deeds or instruments shall be sealed with the respective seals of the respective authorities and no other warrant or authority shall be required for the conveyance of such right, title or interest or for the registration of any of such instruments.

HISTORY: Codes, 1942, § 5968; Laws, 1935, ch. 52.

§ 55-5-13. Protection of adjacent property.

The authorities constructing such highway, parkway, or roadway under the authority as is provided in Sections 55-5-1 through 55-5-17 shall use diligence to protect growing crops and pastures, and to prevent damage to any property not taken. So far as possible, all rights of way for roadways and parkways purposes and scenic easements purposes shall be acquired or contracted for before any route is definitely located.

HISTORY: Codes, 1942, § 5966; Laws, 1935, ch. 52.

§ 55-5-15. Limitation of size of national roadway or parkway.

Such national roadway or parkway shall not exceed in area as an average throughout its length in the State of Mississippi more than one hundred (100) acres to the mile of such roadway or parkway, and in addition thereto not in excess of fifty (50) acres to the mile of said national roadway or parkway of scenic easement rights.

HISTORY: Codes, 1942, § 5971; Laws, 1935, ch. 52.

§ 55-5-17. Acquisition of lands by United States; reservations of rights.

The United States of America is authorized to acquire by deed or conveyance, gift, will or otherwise lands for the purpose of roadways and parkways as set forth in Sections 55-5-1 through 55-5-17, but this consent is given upon condition that the State of Mississippi shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases and such criminal process as may issue under the authority of the State of Mississippi against any person charged with the commission of any crime, without or within said jurisdiction, may be executed thereon in like manner as if this consent had not been given. Power is hereby conferred on the Congress of the United States to pass such laws as it may deem necessary for the acquisition of the said lands and for their incorporation in national roadways, parkways or national parks, and to pass such laws and make or provide for the making of such rules and regulations, of both civil and criminal nature, and to provide punishment therefor as in its judgment may be necessary for the management, control and protection of such lands as may be acquired by the United States under the provisions of the aforesaid sections, including such lands as are acquired not only for highway and parkway and park purposes but also those lands over which scenic easements are acquired for such purposes. Nevertheless, such jurisdiction shall not vest in the United States of America unless and until it, through the proper officer or officers, notifies the governor and, through him, the State of Mississippi that the United States of America assumes concurrent police jurisdiction over the land or lands thus deeded and conveyed. There is saved to the State of Mississippi the right to tax sales of gasoline and other motor vehicle fuels and oils for use in motor vehicles and to tax persons and corporations, their franchises and properties, on all land or lands deeded or conveyed as aforesaid. There is saved to persons residing in or on any of the land or lands deeded or conveyed as aforesaid, the right to vote at all elections within the county in which said land or lands are located, upon like terms and conditions and to the same extent as they would be entitled to vote in such county had not such lands been deeded or conveyed as aforesaid to the United States of America.

HISTORY: Codes, 1942, § 5970; Laws, 1935, ch. 52.

§ 55-5-19. Assent to acts of Congress; cooperation of state and federal agencies, etc.

The intent of this section is to assent to any act of the United States Congress authorizing the development of any national parkway located wholly or partly within the State of Mississippi, to the full extent that is necessary to secure any benefits under such act, provided that the hunting of migratory water fowl and other game and fishing shall not be prohibited or otherwise restricted by the United States government or any of its designated agencies in control of said project. It is the further intent of this section to authorize the appropriate state boards, commissions, and departments, and especially the state highway commission, and the governing bodies of counties, cities, towns and villages, to cooperate in the planning and development of all national parkways that may be proposed for development in Mississippi, with any agency or department of the government of the United States in which is vested the necessary authority to construct or otherwise develop such national parkways. Whenever authority shall exist for the planning and development of any national parkway, of which any portion shall be located in this state, it shall be the duty of the state highway commission to make such investigations and studies in cooperation with the appropriate federal agency, and such state boards, commissions and departments as shall have an interest in such parkway development, to the extent that shall be desirable and necessary in order to provide that the state shall secure all advantages that may accrue through such parkway development and that the interests of the counties, cities, villages and towns along the route shall be conserved.

HISTORY: Codes, 1942, § 5978; Laws, 1940, ch. 160.

§ 55-5-21. Definitions.

For the purposes of Sections 55-5-19 through 55-5-33, all terms applying to any parkway, such as “secretary”, “parkway”, “scenic landscape”, “sightly or safety easement”, “access”, “parkway road”, “frontage”, and other or similar terms, which are defined in any act of the United States Congress applicable to such national parkway, shall have the meanings set forth in such act.

HISTORY: Codes, 1942, § 5979; Laws, 1940, ch. 160.

§ 55-5-23. Duty of Highway Commission to make investigations, surveys, studies and plans concerning national parkway.

The State Highway Commission shall have full authority to make such investigations, surveys, studies and plans in connection with any proposed national parkway or parkway development as it shall deem necessary or desirable in order to determine if the proposed development, under the terms of the act of the United States Congress applicable to such parkway or any regulation, under such act, are advantageous to the state. Such parkway development may be any portion of the proposed parkway, which it may be proposed to construct as a project under such act. The State Highway Commission may hold such hearings in connection with such investigations as it shall deem necessary or desirable, and shall give at least seven (7) days’ notice of such hearings by publication in at least two (2) newspapers having general circulation in the locality.

HISTORY: Codes, 1942, § 5980; Laws, 1940, ch. 160.

§ 55-5-25. Findings and determination of Highway Commission concerning parkway.

When the State Highway Commission has completed its investigations with respect to any proposed national parkway development, it shall make its findings and determination with respect to such proposed development. Such finding and determination shall state whether or not such proposed national parkway development is deemed advantageous to the state, shall include such information with respect to the development as shall be necessary to state its character and extent, and shall estimate the cost thereof and separately, the amount and character of lands necessary to be acquired in fee simple and in easements, with their cost, and needed to carry out the development.

HISTORY: Codes, 1942, § 5981; Laws, 1940, ch. 160.

§ 55-5-27. Powers of Highway Commission to secure parkway development for state; utilization of county highway funds.

If the State Highway Commission, after such investigations and studies, shall find that the proposed parkway development is advantageous to the state, it shall have full authority to perform, on behalf of the state, each and every duty required of the state by the act of the United States Congress applicable to such parkway development, in order to secure the proposed development project for the state. For the purposes of such development project, the parkway shall be a portion of the state highway system. Any moneys that may be available for the improvement of the state highway system within any county may be available for any proposed national parkway development within such county, in the same manner as such moneys shall be available for state highways. The board of supervisors of any county may authorize the use of any moneys available to the county under any statutes, for the purposes of the proposed parkway development to the same amount as for state highways under such statutes. The board of supervisors may provide money for any national parkway development project in the same manner and in the same amount as for state highways, and any county bonds issued to provide funds for any such parkway development shall be retired in the same manner as bonds issued for state highways.

HISTORY: Codes, 1942, § 5982; Laws, 1940, ch. 160.

§ 55-5-29. Acquisition of easements and rights-of-way by Highway Commission; conveyance of state and local government property to United States.

All lands for right of way to be acquired in the fee simple and all easements necessary to be acquired for the purposes of the proposed national parkway development may be acquired by the State Highway Commission in the name of the state, as may be required by the act of the United States Congress applicable thereto. Any lands owned by the state or by any county, city, village or town, may be conveyed to the United States for the purposes of the parkway in the manner provided by law. The commission may acquire such lands by gift, purchase agreement, or by exercising the right of eminent domain in any manner that may be provided by law for the acquirement of lands for public purposes. The commission shall have authority to convey such lands to the United States government or any of its agencies, as may be required by the act of the United States Congress applicable to such national parkway.

HISTORY: Codes, 1942, § 5983; Laws, 1940, ch. 160.

§ 55-5-31. Authorization of expenditures by Highway Commission.

The State Highway Commission shall not make any expenditures in furtherance of Sections 55-5-19 through 55-5-33 unless specifically authorized to do so by the legislature.

HISTORY: Codes, 1942, § 5984; Laws, 1940, ch. 160.

§ 55-5-33. Construction.

All powers granted in Sections 55-5-19 through 55-5-33 shall be liberally construed in favor of the State Highway Commission and any proposed national parkway development projects.

HISTORY: Codes, 1942, § 5984; Laws, 1940, ch. 160.

§ 55-5-51. Creation of commission.

There is hereby created and established a commission to be known as the Mississippi River Parkway Commission of Mississippi, referred to as the commission in Sections 55-5-51 through 55-5-63.

HISTORY: Codes, 1942, § 5984.5; Laws, 1962, ch. 256, §§ 1-9.

§ 55-5-53. Composition of commission; appointment and terms of office of members.

The commission shall be composed of ten (10) members, of whom two (2) shall be residents of DeSoto, Tunica and Coahoma Counties; two (2) shall be residents of Bolivar and Washington Counties; two (2) shall be residents of Sharkey, Issaquena and Warren Counties; two (2) shall be residents of Claiborne and Jefferson Counties; and two (2) shall be residents of Adams and Wilkinson Counties. On the original commission, two (2) members shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, each. All successor members shall be appointed for terms of five years, except for members appointed to fill an unexpired term. Immediately upon making any appointment to the commission, the governor shall notify the Mississippi River Parkway Commission, referred to as the National Commission in Sections 55-5-51 through 55-5-63, giving the names and addresses of the member or members appointed.

HISTORY: Codes, 1942, § 5984.5; Laws, 1962, ch. 256, §§ 1-9.

§ 55-5-55. Selection of officers; meetings; quorum.

At the first meeting of the commission, and annually thereafter, the members shall select a chairman and a secretary from the membership. Meetings of the commission shall be called by the chairman on his own motion or on request of any five (5) members. Except in the case of an emergency, notice of the time and place of each meeting shall be given to each member at least five (5) days prior to the date of the meeting. Every meeting of the commission shall be held at some suitable place in one (1) of the twelve (12) counties in which the Great River Road is situated, except that any meeting may be held at any other suitable place upon majority vote of the members of the commission. Any four (4) members of the commission shall constitute a quorum for the purpose of transacting any business of the commission.

HISTORY: Codes, 1942, § 5984.5; Laws, 1962, ch. 256, §§ 1-9.

§ 55-5-57. Compensation of members.

The members of the commission shall receive no compensation for their services on the commission. Members of the commission shall be reimbursed for actual and necessary expenses incurred in attending the regular meetings of the state commission or the annual or any special meeting of the National Commission. Such expenses shall be paid upon vouchers signed by the chairman of the commission.

HISTORY: Codes, 1942, § 5984.5; Laws, 1962, ch. 256, §§ 1-9; Laws, 1975, ch. 368, eff from and after passage (approved March 20, 1975).

§ 55-5-59. Relationship with National Commission and Mississippi Highway Department.

The commission shall be an affiliate of the National Commission and shall cooperate with and assist the National Commission in promoting interest in, and the development and use of, the Great River Road as designated by the Federal Bureau of Roads. The commission shall also serve in an advisory capacity to the Mississippi Highway Department. The chairman of the commission shall be the Mississippi representative on the National Commission.

HISTORY: Codes, 1942, § 5984.5; Laws, 1962, ch. 256, §§ 1-9.

§ 55-5-61. Assistance of commission by state agencies.

The Mississippi Transportation Commission shall designate one (1) employee of the Transportation Department who is an engineer or who has engineering experience, and the Mississippi Commission on Wildlife, Fisheries and Parks shall appoint one (1) member of the Mississippi Department of Wildlife, Fisheries and Parks staff, who shall advise with and assist the commission in carrying out its functions and duties under Sections 55-5-51 through 55-5-63.

HISTORY: Codes, 1942, § 5984.5; Laws, 1962, ch. 256, §§ 1-9; Laws, 2000, ch. 516, § 120, eff from and after passage (approved Apr. 30, 2000.).

§ 55-5-63. Erection of signs along Great River Road.

The state highway commission is hereby authorized and directed to erect and maintain signs designating the route of the Great River Road through Mississippi. The signs used to designate the route shall be the standard marker developed and approved for the Great River Road by the National Commission.

HISTORY: Codes, 1942, § 5984.5; Laws, 1962, ch. 256, §§ 1-9.

§ 55-5-101. Special fund created to provide funds to assist paying certain costs of national park or other federal visitors or recreation area if federal funds are unavailable due to federal government shutdown; application for assistance.

1. There is hereby created in the State Treasury a special fund which shall consist of funds deposited therein under Section 55-5-103 and funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used for the purposes provided in this section.
2. The MDA shall establish a program to make funds available for the purpose of providing funds to assist in paying costs associated with the operation and maintenance of a national park or other federal visitors or recreation area when due to a shutdown of the federal government, federal funds are unavailable and have been unavailable for at least five (5) days for such purposes. Funds made available by the MDA under this section shall be provided on a reimbursable basis and cannot exceed fifty percent (50%) of the amount of funds expended from private, local and/or other sources for the operation and maintenance of a national park or other federal visitors or recreation area located in this state during the time that federal funds are unavailable for such purposes.
3. An entity desiring assistance under this section must submit an application to the MDA. The application must include a description of the purposes for which the assistance is requested, the amount of funds from private, local and/or other sources that have been expended and/or irrevocably dedicated for such purposes, the amount of assistance requested and any other information required by the MDA.
4. The Mississippi Development Authority shall have all powers necessary to implement and administer the program established under this section, and the Mississippi Development Authority shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.

HISTORY: Laws, 2019, ch. 454, § 53, eff from and after passage (approved April 12, 2019).

§ 55-5-103. Procedure for providing funds for the special fund created in Section 55-5-101.

Upon a determination by the Mississippi Development Authority (hereinafter referred to as “MDA”) that due to a shutdown of the federal government, federal funds are unavailable and have been unavailable for at least five (5) days for the operation and maintenance of a national park or other federal visitors or recreation area located in this state, the MDA shall provide notice of such unavailability of funds to the Department of Finance and Administration. Upon receipt of such notice, the Department of Finance and Administration, with the concurrence of the State Bond Commission, may incur debt, including notes or other evidences of indebtedness, for the purpose of providing funds for the special fund created in Section 55-5-101. All notes or certificates of indebtedness issued under this section shall mature in approximately equal installments of principal and interest over a period not to exceed one (1) year from the date of issuance thereof. The maximum amount of debt that may be outstanding under this section at any time shall not exceed One Hundred Thousand Dollars ($100,000.00).

HISTORY: Laws, 2019, ch. 454, § 54, eff from and after passage (approved April 12, 2019).

§ 55-7-1. Purpose of chapter.

Since the continuing and growing economic and commercial development of navigation, harbor facilities, boat and related facilities along, in or near the navigable waters of the state is of general importance to the whole state and should be encouraged and assisted by legislative enactment, this chapter is hereby enacted.

HISTORY: Codes, 1942, § 5974-01; Laws, 1960, ch. 434, § 1; Laws, 1962, ch. 216, § 1, eff from and after passage (approved June 1, 1962).

§ 55-7-3. General grant of authority to certain municipalities and counties.

The governing authorities of any municipality bordering on the Mississippi Sound or Gulf of Mexico in which there is situated and located, in whole or in part, a port or harbor through which commerce flows, and having in its corporate limits one or more industries engaged in the seafood industry, and the governing authorities of any county in the State of Mississippi bordering on the Mississippi Sound or the Gulf of Mexico in which county there is or may hereafter be located a municipality having a harbor or port of entry where commodities are exported to foreign nations and in which county the assessed valuation is more than thirty-five million dollars ($35,000,000.00) and less than ninety million dollars ($90,000,000.00), are hereby given the authority to engage in, either directly or through the commission provided for and designated in this chapter, in cooperation and conjunction with such other agencies or commissions as may be now or hereinafter provided by law, works of internal improvement, and of promoting, developing, constructing, maintaining and operating harbors or seaports within the state and its jurisdiction, and are otherwise vested with full power and authority to do and perform, either directly or through said commission, all of the acts, functions and things set forth in this chapter.

HISTORY: Codes, 1942, § 5974-01; Laws, 1960, ch. 434, § 1; Laws, 1962, ch. 216, § 1, eff from and after passage (approved June 1, 1962).

§ 55-7-5. Creation of commission; composition; qualifications, appointment, terms of office, oath, and bond of members.

Such municipality and/or such county shall have the authority to establish by ordinance a bridge and park commission as a municipal agency of said municipality or as a county agency of said county to be known and designated as the “bridge and park commission.”

Such bridge and park commission, where it is a municipal agency, shall be composed of five (5) commissioners who shall be residents of the municipality and qualified electors therein, and shall be appointed by the governing authorities of said municipality. Such bridge and park commission, where it is a county agency, shall be composed of five (5) commissioners who shall be residents of the county and qualified electors therein, and shall be appointed by the governing authorities of said county.

At the time of the first appointment, one (1) of the commissioners shall be appointed for a term of one (1) year, one (1) shall be appointed for a term of two (2) years, one (1) shall be appointed for a term of three (3) years, one (1) shall be appointed for a term of four (4) years, and one (1) shall be appointed for a term of five (5) years, until his successor shall have been appointed and qualified. Thereafter, one (1) commissioner shall be appointed annually for a term of five (5)years, and until his successor shall have been appointed and qualified.

Said commissioners shall take the oath of office required by Section 268 of the Constitution of the State of Mississippi.

Said commissioners shall give bond payable to the municipality, where it is a municipal agency, or to the county, where it is a county agency, in an amount to be fixed by the appropriate governing authorities.

HISTORY: Codes, 1942, § 5974-01; Laws, 1960, ch. 434, § 1; Laws, 1962, ch. 216, § 1, eff from and after passage (approved June 1, 1962).

§ 55-7-7. Organization; vacancies; commissioners not to be pecuniarily interested in activities of commission; meetings.

Promptly upon the appointment of the commission and annually thereafter, the commission shall organize by the election of one of its members as president and one of its members as vice-president, and shall select a treasurer and a secretary who may or may not be members of the commission, and who may be the same person. Such treasurer and secretary shall perform the usual duties of such officers and such other duties as may from time to time be prescribed by the commission, and shall receive such compensation as may be fixed by the commission, payable, however, solely from the funds received by the commission.

Vacancies in the membership of the commission shall be filled by appointment for the unexpired term by the governing authorities of the municipality or of the county, as the case may be.

No commissioner shall be pecuniarily interested, directly or indirectly, in any contract for work to be done by or for the commission, or in the purchase or sale of any properties by or for the commission, and any such contract, purchase or sale in which any commissioner shall be so interested, directly or indirectly, shall be null and void as to such commissioner, his successors or assigns.

The commission shall have power to establish the time of its regular meetings and to provide for the call of special meetings by the president or by any two members of the commission. Any special meeting at which all commissioners are present shall be conclusively deemed to have been properly called, and action taken at such meeting shall be valid and binding. All meetings of the municipal commission shall be open to the public and shall be held at the city hall in the municipality or other meeting place of the governing authority of the municipality. All meetings of the county commission shall be open to the public and shall be held at the courthouse in the county or other meeting place of the governing authority of the county.

HISTORY: Codes, 1942, § 5974-03; Laws, 1960, ch. 434, § 3, eff from and after passage (approved May 3, 1960).

§ 55-7-9. Compensation of members of commission.

Each member of the commission created under the provisions of this chapter shall receive as compensation twenty-five dollars ($25.00) per day while engaged in attendance of meetings of the commission or engaged in other duties of the commission, not to exceed one hundred fifty (150) days in any one (1) year. Each member shall receive his actual traveling expenses, to be audited and allowed by the commission.

HISTORY: Codes, 1942, § 5974-02; Laws, 1960, ch. 434, § 2, eff from and after passage (approved May 3, 1960).

§ 55-7-11. General powers of commission.

The bridge and park commission shall have power to sue and be sued, contract and be contracted with, to adopt and alter a corporate seal, and to exercise the power of eminent domain to acquire private property necessary for the accomplishment of the purposes for which such commission is created.

HISTORY: Codes, 1942, § 5974-02; Laws, 1960, ch. 434, § 2, eff from and after passage (approved May 3, 1960).

§ 55-7-13. Acquisition of lands by commission; authorization.

The bridge and park commission shall have the power, among others, in the case of the municipal agency, to acquire for park, recreational, harbor development and other similar purposes, by the exercise of eminent domain or otherwise, and by gift, grant or purchase, for any purpose of this chapter, an island or islands, in whole or in part, situated in the Gulf of Mexico or in the Mississippi Sound, and lying within three leagues of the nearest point of the corporate limits of the municipality involved; and, in the case of the county agency, to acquire for park, recreational, harbor development and other similar purposes by the exercise of eminent domain or otherwise, and by gift, grant or purchase, for any purpose of this chapter, an island or islands, in whole or in part, situated in the Gulf of Mexico or in the Mississippi Sound, and lying within the boundaries of the county involved.

Said commission shall have the power to acquire, by eminent domain, gift, grant or purchase, such portion or portions of such island or islands as it may find to be needed for use in developing and financing the public improvements set forth in this chapter. Prior to the acquisition of any such real estate, the commission shall, by resolution spread upon its minutes, find, determine and adjudicate that the property to be so acquired is needed to aid in the financing of the improvements under this chapter.

Any such commission which has acquired an island or islands, in whole or in part, adjacent to any submerged lands belonging to the State of Mississippi may purchase from the State of Mississippi a sufficient amount of such submerged lands to be reclaimed and added to such island or islands to be used, and developed for the purposes provided in this chapter. The state land commissioner, with the approval of the attorney general and the governor, is hereby authorized and empowered to sell and convey such submerged lands to such commission and to issue the state’s patent thereto. Said commission shall have the power to dredge, fill in and reclaim submerged lands adjacent to any such island or islands and to develop and utilize the same for any of the purposes set forth in this chapter, including the financing of the authorized public improvements. However, no normal or natural channel shall be obstructed so as to interfere with the normal navigation therein, it being the purpose and intention of this chapter to authorize the use and development of shallow bottoms and shoal waters in the areas herein set out for the purpose of filling and reclaiming same for the purposes herein set forth and where said bottoms are not susceptible to reasonable navigation at all times as a practical matter.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-15. Acquisition of lands by commission; confirmation of title to submerged lands.

The bridge and park commission which has acquired submerged lands, and before such lands have been reclaimed, shall bring its suit in the chancery court of the county in which such lands lie, against the state and all the world for confirmation of the commission’s title to such submerged lands, as provided by law for the confirmation of patents issued by the state. Upon the hearing of such cause, if the court shall find that the reclamation of the said lands does not constitute an obstruction of the navigable waters of the state and does not interfere with the rights of the public generally to use the navigable waters of the state for fishing, boating, and other public uses, and that the reclamation and sale of said lands has or will, in whole or in part, contribute toward the deepening of a channel or channels for boats and improvement of navigation of any of the navigable waters of this state, and that a fair and adequate consideration has been paid or is to be paid for such property, then the court shall confirm the title to the property and forever set at rest any claims by the State of Mississippi in its sovereign capacity as proprietor of said lands.

Any of the parties of the suit may appeal as in other proceedings in chancery, provided any interlocutory appeal is taken within ten (10) days after the rendition of the decree from which the appeal is desired and provided that any final appeal is taken within sixty (60) days from the date of the rendition of the final decree. Any title perfected by a decree in a suit under this section shall forever estop and preclude the state and other parties from thereafter questioning the validity of the patent and deed involved in such proceedings.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-17. Construction, operation, etc., of bridges, ferries, causeways, and tunnels by commission.

The bridge and park commission shall have power to construct, build, maintain, operate, reconstruct and repair a bridge or bridges, a ferry or ferries, a causeway or causeways, or a tunnel or tunnels, or any combination thereof, connecting any island acquired, in whole or in part, by the commission, with the mainland. The point of connection of any such bridge, causeway or tunnel with the mainland may be within or without the corporate limits of the municipality in the case of a municipal agency and may be within or without the county limits of the county in the case of a county agency. Said commission shall further have the power to acquire by a gift, grant, purchase, the exercise of eminent domain, or otherwise, land for approaches to any such bridge, ferry, causeway or tunnel, and to construct, build, maintain, operate, reconstruct and repair approaches to any such bridge, ferry, causeway or tunnel connecting any such island or part thereof with the mainland.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-19. Improvement, etc., of lands acquired by commission.

The bridge and park commission shall have power to establish, acquire, complete, enlarge, ornament, build, rebuild and improve in, or on, or about any island or part thereof, acquired by the commission, public parks, boulevards, bridges, viaducts and approaches thereto, wharves, piers, harbors, marinas, jetties, air landing fields, basins, short protection works, pleasure grounds and ways, walks, pathways, driveways, roadways, highways, and all public works, grounds or improvements, buildings, field houses, stadiums, shelters, conservatories, schools, golf courses, museums, service shops, power plants, structures, playground devices, boulevard and building lighting systems, water systems, sewer systems and all of the types of permanent improvements and construction necessary to render the property under the control of said commission usable for the enjoyment thereof as public parks, parkways, boulevards, and pleasureways, or otherwise, as provided in this chapter.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-21. Leasing and sale of lands and interests acquired by commission.

1. The park and bridge commission shall have power to lease or sell to private persons or corporations, real estate or any interest therein, acquired by said commission, whether improved or unimproved, and including reclaimed or filled-in lands, whenever it shall find such real estate or interest therein is or has become unnecessary for park or recreational purposes for the benefit of the public, or for other public use, and in the event of sale, to convey to the grantee, fee simple title to such real estate. Prior to the leasing or conveyance of any such real estate, the commission shall, by resolution spread upon its minutes, find, determine and adjudicate that the property, to be so leased or sold and conveyed, is, or has become unnecessary for park and recreational purposes for the benefit of the public, or other public use. Such findings, determination and adjudication shall be final and conclusive and shall not thereafter be questioned in any court. However, lands acquired by eminent domain under the provisions of this chapter may not be sold, and may not be leased except for public purposes and continuing public uses, and when such lands cease to be used for public purposes, the title to same shall revert to the former owners, or their successors or assigns.
2. The bridge and park commission shall have power to sell or lease to private persons, or corporations, real estate other than the submerged lands reclaimed by it, whether improved or unimproved, whenever it shall find such real estate is or has become unnecessary for park, recreational or harbor development purposes for the benefit of the public, and to convey to the grantee the fee simple title to such real estate. Said commission shall have the power to lease the submerged lands reclaimed by it for a period not exceeding ninety-nine (99) years upon such terms and provisions and for such consideration as it may determine. After any of such lands have been developed, if the commission finds, by resolution spread on its minutes, that it is impractical to lease the same and that it is more advantageous to the public interest to sell such lands, the commission shall have the power to sell the same in fee simple. Prior to the conveyance or lease of any such real estate, the commission shall, by resolution spread upon its minutes, find, determine and adjudicate that the property so to be conveyed or leased is or has become unnecessary for park, recreational or harbor development purposes for the benefit of the public.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-23. Power to fix and collect rates, fees, charges and tolls for use of services and facilities.

The bridge and park commission shall have the power to fix and collect rates, fees, charges, and tolls for the use of any bridge, tunnel or causeway constructed and operated by it and for the use of any other service or facility provided by it.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-25. Employment of personnel by commission.

The bridge and park commission shall have power to appoint and employ such officers, agents, attorneys, engineers, architects, financial consultants, and employees as the commission may find to be necessary to perform the services required and authorized under this chapter, and to prescribe the duties and compensation of all such persons. The compensation of all such persons shall be paid from funds received by the commission.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-27. Dredging, etc., of channels.

The bridge and park commission shall have the power and is authorized, in connection with its work of development and functions as provided in this chapter, to dredge, deepen and widen any adjacent or existing channels, when this may be done consistently with and in aid of normal navigation and harbor development in the area, being authorized to deposit the spoil, and fill in the bottoms contiguous and adjoining the island, or parts thereof, authorized to be filled in and reclaimed, for the purposes of this chapter.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-29. Acceptance of federal aid and assistance.

Notwithstanding any provision in this chapter to the contrary, the bridge and park commission shall have the power and is authorized, in connection with its work of development and functions as provided in this chapter, to accept contributions or loans from the United States, or a federal department, instrumentality, or agency for financing or aiding in the financing of the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of anything authorized in this chapter.

The commission may enter into contracts and cooperate with the United States or a federal department, instrumentality, or agency in the making of preliminary investigations, studies and surveys, preparation of plans and specifications and in the accomplishment of procedures and other action preliminary to construction, and the construction, maintenance and operation, and in financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction and of the construction, maintenance, and operation of anything authorized in this chapter. The commission may do any and all things necessary to avail itself of such aid and cooperation, so long as such action is in strict accordance with the laws of the State of Mississippi.

HISTORY: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

§ 55-7-31. Disposition of revenues of commission.

All revenues, income and moneys received by the bridge and park commission shall be deposited in the depository or depositories which shall be selected by the governing authorities of the municipality or county, in the same manner as depositories are selected for said municipality or county, and shall at all times be secured in the manner provided by law for the securing of deposits of municipalities or counties. Any such depository shall hold such funds in an account in all respects separate and distinct from the accounts in which the other funds of the municipality or county are held, and separate and distinct from all other accounts. In the event that bonds should be issued, as hereinafter provided in this chapter, payable from the income of the commission, then such depository shall hold, manage and account for the funds of the commission in accordance with any resolution authorizing such bonds adopted by the bridge and park commission.

HISTORY: Codes, 1942, § 5974-05; Laws, 1960, ch. 434, § 5, eff from and after passage (approved May 3, 1960).

§ 55-7-33. Issuance of bonds by commission generally.

For the purpose of providing funds for the corporate purposes of the bridge and park commission, the commission shall have power to borrow money and to issue its bonds in evidence thereof, payable from the income and revenues derived and to be derived from the operation of any of the facilities acquired, owned and operated by the commission, including, without limiting, the generality of the rates, fees, charges and tolls to be charged for the use of any bridge or causeway or for the service and use of any facility operated by the commission, from any sums received from concessionaires and lessees, and from any sums received from the sale, lease or rental of real estate. Any indebtedness so created or any bonds so issued shall not become an obligation or liability of the municipality or of the county nor shall the power of taxation of said city or said county be pledged to the payment thereof nor shall any of the funds of the municipality or county be used or expended for the payment of any such bonds either as to principal or interest, except as hereafter set forth in this chapter. No limitations of indebtedness upon the issuance of bonds by any political subdivision, municipal corporation or county in the State of Mississippi shall apply to the bonds hereby authorized.

HISTORY: Codes, 1942, § 5974-06; Laws, 1960, ch. 434, § 6; Laws, 1962, ch. 216, § 3, eff from and after passage (approved June 1, 1962).

§ 55-7-35. Imposition of tax levy for payment of bonds.

If the bridge and park commission shall determine by order entered upon its minutes and the governing authorities of the municipality or county concerned concur in the findings of the commission by order entered upon its minutes that in order to render the bonds to be issued under Section 55-7-33 salable or to obtain a more favorable rate of interest, that the tax levy hereby authorized is required, then the governing authorities of the municipality or county are authorized to provide for an annual levy during the life of the bonds issued hereunder, not to exceed four mills, upon all of the taxable property within the municipality or county in order to provide additional funds for the payment of the principal and interest of said bonds, and for the sinking funds as may be provided for by the resolution authorizing the issuance of the bonds.

However, before the governing authorities of the municipalities or counties shall make any tax levy as authorized in this section, such levy shall be authorized by a sixty percent (60%) majority of the qualified electors of the municipality or county voting in a special election held in the manner provided by law.

If bonds are issued payable partially from ad valorem taxes, it shall be the duty of the governing authorities of the municipality or county to levy a tax sufficient each year, together with pledged revenues other than the taxes authorized hereunder, to pay the bonds and interest thereon as such bonds and interest become due, and to provide the sinking funds set forth in the order authorizing the issuance thereof. However, in no event shall a tax levied exceed the amount authorized in the first instance by the governing authorities of the municipality or county. Any part of this tax levy lost through homestead exemption shall not be reimbursed by the state.

If during any year all or any portion of the levy authorized hereby is not necessary to pay the principal and interest of the bonds falling due during the succeeding calendar year and to provide the sinking fund or funds required, and the commission and governing authorities of the municipality or county so find, by order entered upon their minutes, such levy shall not be made for that year to the extent that it is not necessary for such purposes.

As used in this section the word “taxes” shall include, but without limitation, all levies on an ad valorem basis upon land or real property.

HISTORY: Codes, 1942, § 5974-06; Laws, 1960, ch. 434, § 6; Laws, 1962, ch. 216, § 3, eff from and after passage (approved June 1, 1962).

§ 55-7-37. Division of ad valorem taxes on commission’s property.

Any ad valorem taxes levied each year by or for the benefit of any city, county, city and county, district, or other public corporation (hereinafter sometimes called “taxing agencies”), upon any real property which is acquired by the commission and leased or sold to private persons or corporations pursuant to Section 55-7-21, after the date of acquisition of said real property by the commission, shall be divided as follows:

1. Portion of taxes based on last assessment roll before acquisition of property by the commission. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property acquired by the commission as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the date of acquisition by the commission, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the property acquired by the commission on the effective date or otherwise acquired, the assessment roll of the county last equalized on the date of acquisition by the commission shall be used in determining the assessed valuation of the taxable property in the project on said effective date); and
2. Portion of taxes in excess of amount. That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the commission to pay the principal of and interest on any bonds or securities issued by the commission pursuant to its authority under this chapter. Unless and until the total assessed valuation of the taxable property acquired by the commission exceeds the total assessed value of the taxable property as shown by the last equalized assessment roll referred to in paragraph No. (1) hereof, all of the taxes levied and collected upon the taxable property shall be paid into the funds of the respective taxing agencies. When said bonds or securities issued by the commission pursuant to its authority under this chapter have been paid, all moneys thereafter received from taxes upon the taxable property acquired by the commission shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

   In any proceedings for the issuance of any bonds or securities by the commission to finance or refinance, in whole or in part, any activities under this chapter, the portion of the taxes mentioned in paragraph No. (2), may be irrevocably pledged for the payment of the principal of and interest on said bonds or securities.

HISTORY: Codes, 1942, § 5974-06; Laws, 1960, ch. 434, § 6; Laws, 1962, ch. 216, § 3, eff from and after passage (approved June 1, 1962).

§ 55-7-39. Details of bonds; execution and sale of bonds.

Any such bonds authorized by Section 55-7-33 shall be authorized by a resolution adopted by the bridge and park commission, shall bear interest at such rate or rates, not exceeding, however, six percent (6%) per annum, shall be in such denomination or denominations, shall be payable both as to principal and interest at such place or places and shall mature at such time or times not exceeding forty (40) years from the date thereof, all as may be provided by such resolution. If so specified in such resolution, such bonds may be redeemable prior to their respective maturities with or without premium and on such notice as shall be provided for by such resolution. Such bonds may be sold at public or private sale for such price or prices as the commission shall determine, provided the interest cost to maturity of the money received from any issue of said bonds or other obligations shall not exceed six percent (6%) per annum. If any such bonds are sold at less than par, then the price to be paid therefor shall be such that the interest cost to the commission on the money actually received for such bonds shall not exceed six percent (6%) per annum computed to their absolute maturity according to standard bond value tables. Such bonds shall be executed in such a manner as may be directed in the resolution which authorized the bonds. Interest coupons to be attached to such bonds may be executed by facsimile signatures.

HISTORY: Codes, 1942, § 5974-07; Laws, 1960, ch. 434, § 7; Laws, 1962, ch. 216, § 4, eff from and after passage (approved June 1, 1962).

§ 55-7-41. Security for payment of bonds generally.

The bridge and park commission, in the issuance of any bonds or securities pursuant to its authority under this chapter, or any other statute, may, in its discretion, authorize and have inserted in such bonds or securities a provision to the effect that such bonds or securities shall constitute a lien upon all or any specified portion of the property which the commission is authorized to transfer, convey or sell to private individuals, with right of foreclosure of such lien to be vested in the holder or holders of such securities or bonds, upon terms and conditions such as may be approved by said commission and set out in such securities or bonds, and such provisions thus approved and inserted therein shall constitute and effect a valid lien on the property as specified. Further, all or any part of the proceeds from the authorized transfer, conveyance or sale of lots or other property of the commission to private individuals may be pledged by the commission, in its discretion, as security for any bonds or other securities lawfully issued or to be issued by it, upon such terms and conditions as said commission may provide.

HISTORY: Codes, 1942, § 5974-07; Laws, 1960, ch. 434, § 7; Laws, 1962, ch. 216, § 4, eff from and after passage (approved June 1, 1962).

§ 55-7-43. Pledge of income, revenues and grants for payment of bonds; contents of bond issue resolution.

Whenever bonds are issued by the bridge and park commission under this chapter, an amount of the income, revenues or grants from all sources received by the commission, after the deduction of the necessary expenses of operating and maintaining the facilities and properties of said commission, shall be pledged in an amount sufficient for the purpose of the payment of the principal of and interest on said bonds as the same shall mature and accrue. The resolution authorizing such bonds shall contain such covenants as may be deemed necessary or advisable for the assurance of payment of the bonds thereby authorized and may contain such restrictions upon the issuance of additional bonds by the commission as may be deemed advisable. Such resolution may direct the depository in which funds of the commission are held to remit to the paying agent designated for such bonds specified periodic remittances without further direction or authorization by the commission and may provide for the establishment of funds for operation and maintenance, for depreciation, for the payment of principal and interest and for contingencies, and may provide for the setting aside of amounts over and above those necessary for current debt service so as to provide and produce a reserved fund to meet any possible deficiency in future years.

HISTORY: Codes, 1942, § 5974-08; Laws, 1960, ch. 434, § 8; Laws, 1962, ch. 216, § 5, eff from and after passage (approved June 1, 1962).

§ 55-7-45. Pledge of or payments from revenue derived through Section 65-33-45.

No bonds issued under the provisions of this chapter shall be secured by pledge of or be paid, either as to principal or interest, from, any revenue derived through Section 65-33-45.

HISTORY: Codes, 1942, § 5974-08.5; Laws, 1962, ch. 216, § 6, eff from and after passage (approved June 1, 1962).

§ 55-7-47. Validation of bonds.

Any bonds which may be authorized to be issued by the bridge and park commission may be submitted to validation as provided by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 5974-09; Laws, 1960, ch. 434, § 9, eff from and after passage (approved May 3, 1960).

§ 55-7-49. Rates, fees, charges, and tolls for services or use of facilities.

Whenever such bonds are issued by the bridge and park commission, the rates, fees, charges and tolls to be established for the use of any bridge or causeway or for the services or use of any of the facilities owned or operated by the commission, or to be received by it from concessionaires or lessees, and from the lease or sale of any lands under the control of the commission and other sources, shall be such as to produce an aggregate amount sufficient at all times to pay the cost of operation and maintenance of any bridge, causeway or other property or facility of the commission, to pay the principal of and the interest on all bonds issued by the commission as the same shall mature and accrue, and to provide adequate reserve and contingent funds.

HISTORY: Codes, 1942, § 5974-10; Laws, 1960, ch. 434, § 10, eff from and after passage (approved May 3, 1960).

§ 55-7-51. Enforcement of rights of bondholders.

The holder of any bond issued by the bridge and park commission or of any coupon attached thereto, may in any civil action, mandamus or other proceedings enforce and compel all duties required of the commission or any officer thereof by this chapter or by resolution authorizing issuance of bonds hereunder, including the establishment and collection of adequate rates, fees, charges and tolls, and the performance of any duties imposed upon the commission or any of its members or officers by the resolution authorizing such bonds, and such action shall lie, regardless of whether or not the bonds shall, at the time of such action, be in default either as to principal or interest, in the event that the commission or any of its officers or members shall fail to perform the duties or obligations imposed on it or them by the resolution which authorized such bonds. If there be any default in payment of the interest on any principal of any of said bonds, any court having jurisdiction in the proper action, may, upon petition of the holder of any of such bonds, appoint a receiver to administer and operate the system, consisting of the park, recreational and harbor area and facilities, all bridges, buildings, improvements, and related facilities in connection therewith, with the power to fix rates and collect charges sufficient to provide for the payment of all bonds outstanding to the payment of which the revenues of such system are pledged and to pay the expenses of operating and maintaining such system and to apply the revenues of such system in conformity with the provisions of this chapter, and of the order or resolution authorizing the issuance of such bonds.

HISTORY: Codes, 1942, § 5974-11; Laws, 1960, ch. 434, § 11, eff from and after passage (approved May 3, 1960).

§ 55-7-53. Incorporation of islands into municipality.

In connection with the exercise of the right and authority granted under the terms of this chapter, any municipality involved shall have the right to incorporate the island or islands aforesaid, in whole or in part, into the municipality in the same manner and upon compliance with the same conditions precedent now provided by statute for the incorporation of adjacent lands into municipalities in this state.

HISTORY: Codes, 1942, § 5974-12; Laws, 1960, ch. 434, § 12, eff from and after passage (approved May 3, 1960).

§ 55-7-55. Cooperation with other state entities.

In connection with any harbor development and in connection with the construction of causeways, bridges, tunnels or approaches to the development as provided for in this chapter, the municipality or county and the bridge and park commission shall have full power and authority to cooperate with and provide the same in conjunction or jointly and in connection with any other commission or political body created and existing under the laws of the State of Mississippi, including the State of Mississippi. Said joint construction or undertaking shall be upon such terms as may be agreed upon by the political bodies or entities involved and shall be carried out in such manner that there may be no conflict as between the political bodies or subdivision involved.

HISTORY: Codes, 1942, § 5974-14; Laws, 1960, ch. 434, § 14, eff from and after passage (approved May 3, 1960).

§ 55-7-57. Construction of chapter; authority and powers conferred.

This chapter, without reference to any other chapter or statute, shall be deemed to be full and complete authority for the establishment of the bridge and park commission of the municipality or of the county, for the performance of any of the powers and duties granted or imposed upon such commission or its officials, and for the issuance of bonds, as provided in this chapter. None of the present restrictions or requirements, additions or limitations of the law applicable to the issuance or sale of bonds by political corporations or subdivisions of the State of Mississippi shall apply to the issuance and sale of bonds under this chapter. No proceedings shall be required for the execution of any of the purposes of this chapter or for the issuance of any bonds pursuant to this chapter other than those provided for and required herein. All powers necessary to be exercised by the governing authorities of the municipality and/or the governing authorities of the county and by the bridge and park commission or its officers or members, in order to carry out the provisions of this chapter, are hereby conferred.

HISTORY: Codes, 1942, § 5974-13; Laws, 1960, ch. 434, § 13, eff from and after passage (approved May 3, 1960).

§ 55-7-59. Construction of chapter; cumulative and supplemental; repeal or impairment of other laws.

This chapter shall be cumulative and supplemental to other laws having reference to port and harbor development.

This chapter shall not repeal or impair any law now in effect, except as herein specifically provided, and shall be liberally construed so as to accomplish the clear purposes of the chapter.

HISTORY: Codes, 1942, §§ 5974-01, 5974-14; Laws, 1960, ch. 434, §§ 1, 14; Laws, 1962, ch. 216, § 1, eff from and after passage (approved June 1, 1962).

§ 55-9-1. General grant of authority; issuance of bonds generally.

The board of supervisors of any county in which there are located, or in which there is a desire to locate, recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, or the board of supervisors of any county adjoining a county in which there are located, or in which there is a desire to locate, such recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, or the governing authority of any municipality having a population of thirty-five hundred (3500) or more located in any of said counties, are hereby empowered, in addition to all other powers given them by law, to (a) issue bonds for the purpose of securing money to build and equip recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, operating alone or as a unit, or in conjunction with the Mississippi Department of Wildlife, Fisheries and Parks or other agency of the State of Mississippi, and to (b) acquire by lease, purchase, eminent domain, donation, or otherwise, sites therefor. The county and the municipalities, or either of them, either with or without assistance from some agency of the State of Mississippi or the United States government, may enter jointly or separately into the construction of such recreational centers, stadiums, lakes, waterfowl or game management areas or parks, and into the acquisition of sites therefor, from the sale of bonds issued separately by the counties and the municipalities for such purposes. Such recreational centers, stadiums, lakes, waterfowl or game management areas or parks, or sites therefor, may be located on land owned by the county or counties, municipality or municipalities, or by the State of Mississippi, or on lands leased to the county or counties, municipality or municipalities, or by the State of Mississippi, or on lands leased to the county or counties or municipality or municipalities jointly, or to either of them, or may be located on lands owned by the United States Forestry Service. Any bonds issued hereunder by a county shall be subject to and compliance had with Sections 19-9-1 through 19-9-31, Mississippi Code of 1972, and any bonds issued hereunder by a municipality shall be subject to and in compliance with Sections 21-33-301 through 21-33-329, Mississippi Code of 1972.

Bonds issued under the provisions of this section may be full faith and credit bonds, and may be retired in whole or in part by the proceeds or a part of same earned by such recreational facilities or parks.

The governing authority of any such county or municipality without the issuance of bonds, or in addition to the issuance of bonds, may use any available surplus funds for constructing, equipping, maintaining and operating such recreational centers, stadiums, lakes, waterfowl or game management areas or parks.

HISTORY: Codes, 1942, § 5975; Laws, 1940, ch. 271; Laws, 1958, chs. 191, 207; Laws, 1962, ch. 208; Laws, 1964, ch. 565, § 1; Laws, 2000, ch. 516, § 121, eff from and after passage (approved Apr. 30, 2000.).

§ 55-9-3. Applicability of debt limitations to bond issues.

The bonds authorized to be issued by a county or municipality pursuant to Section 55-9-1 shall not be in excess of the respective debt limits as now or hereafter provided by the laws of the State of Mississippi.

HISTORY: Codes, 1942, § 5976; Laws, 1940, ch. 271.

§ 55-9-5. Applicability of other laws to bond issues.

The laws applicable to the issuance of bonds by a county or by a municipality shall apply to the respective issuance of bonds pursuant to Section 55-9-1, except that an election therefor may be called without the filing of petitions therefor by the qualified electors of either the county or municipality, and that such bonds may be issued, provided a majority of the qualified electors voting in the elections called for that purpose shall vote for the issuance of such bonds.

HISTORY: Codes, 1942, § 5977; Laws, 1940, ch. 271.

§ 55-9-21. Declaration of purpose.

The purpose of Sections 55-9-21 through 55-9-37 is to further the interest of the general education, health and welfare of the people of the State of Mississippi now and in the future.

HISTORY: Codes, 1942, § 5977-09; Laws, 1968, ch. 269, § 9, eff from and after passage (approved August 7, 1968).

§ 55-9-23. General grant of authority.

Any Class 4 county, according to the 1967 tabulation of classification of counties by the State Tax Commission, which has two judicial districts, and any Class 1 county bordering on the Mississippi River on the west and the State of Tennessee on the north, and traversed by Interstate 55, any county adjoining such counties, and any municipality located in any of such counties, may purchase, lease or acquire by gift, land and waters within this state, and develop and maintain thereon parks, athletic, cultural, educational and recreational complexes.

HISTORY: Codes, 1942, § 5977-01; Laws, 1968, ch. 269, § 1; Laws, 1994, ch. 361, § 1, eff from and after passage (approved March 14, 1994).

§ 55-9-25. Definitions.

Any park or athletic, cultural, educational or recreational complex formed under the provisions of Sections 55-9-21 through 55-9-37, shall be termed a “project.”

The political subdivision forming such project, whether municipality or county, shall be termed “political subdivision.”

The political subdivisions which form, constitute or contribute to said project shall be termed “recreational district.”

HISTORY: Codes, 1942, § 5977-02; Laws, 1968, ch. 269, § 2, eff from and after passage (approved August 7, 1968).

§ 55-9-27. Procedure for formation of recreational district.

Any such political subdivision desiring to either form alone or in conjunction with others any recreational district, or to become a part thereof, may do so by its governing board adopting a resolution declaring its intention to either form or become a part of such recreational district. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper having general circulation in the political subdivision. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for hearing objections thereto, and the last publication shall be made not more than seven (7) days prior to such date. If twenty percent (20%) or fifteen hundred (1500), whichever is least, of the qualified electors of the political subdivision shall file a written protest against such political subdivision forming or becoming a part of such recreational district on or before the date specified in such resolution, then an election on the question shall be called and held as provided by law on bond issue questions. If no such protest be filed, then such political subdivision may either form or become a part of such recreational district.

HISTORY: Codes, 1942, § 5977-06; Laws, 1968, ch. 269, § 6, eff from and after passage (approved August 7, 1968).

§ 55-9-29. General powers of recreational district.

Any recreational district under the provisions of Sections 55-9-21 through 55-9-37 may authorize any project constituted thereunder to acquire, enlarge, expand, own, operate, lease and dispose of properties to the end that such project may be able to promote the public interest and welfare in the participation in arts, education, culture, sports, athletics and recreational activity, and to acquire, develop, provide and improve public parks and lakes in this state, including all buildings, facilities and improvements incident thereto or useful in connection therewith, including but without limitation, picnic areas, campsites, trailer sites, cabins, lodges, roads and trails for hiking, bicycling, or horseback riding, nature trails, botanical gardens, zoos, museums, athletic fields, golf courses, tennis and badminton courts, bowling alleys, skeet, trap rifle and archery ranges, swimming pools, bathhouses, beaches, docks and marinas, boating facilities, areas and facilities for fishing and hunting, areas and facilities for aquatic entertainment and sports, stadiums, coliseums, arenas, grandstands, auditoriums, meeting halls, pavilions, and centers for cultural entertainment, music, drama, exhibitions, and exhibits, amphitheaters, administrative or office buildings and facilities, and improvements thereon, and facilities and improvements for the accommodation and transportation of visitors to such public parks. However, no recreational district shall be authorized to operate as a commercial enterprise any shop, store, motel or restaurant. Such recreational district shall be furthermore authorized to provide within any project health centers, hospitals, and to do and perform such acts, and engage in such activities as will promote the general education, health and welfare of the people of the State of Mississippi.

HISTORY: Codes, 1942, § 5977-08; Laws, 1968, ch. 269, § 8, eff from and after passage (approved August 7, 1968).

§ 55-9-31. Appointment, bond, terms of office and compensation of members of project board of commissioners; board authority.

The project shall be in charge of a board of commissioners, not less than five (5) in number, nor more than fifteen (15), all of whom shall be adult resident citizens of the State of Mississippi, and each of whose terms shall be for a period of four (4) years, and who shall be appointed by the political subdivision or subdivisions constituting the recreational district. The board shall be in charge of all business and official affairs of such project, and shall be answerable only to the governing authorities of the political subdivision or subdivisions forming the recreational district. No member of any board of commissioners of any project shall be either interested directly or indirectly in any commercial enterprise operating thereon.

Such board shall have the authority to do and perform the following, but shall not be limited thereto: lease facilities or tracts of realty in said district for commercial enterprises, or other educational, athletic, cultural or recreational pursuits, to acquire by lease, purchase or gift additional realty for the project, to employ personnel in the operation and management of said project, and, in general, to have charge and control of all of the affairs and activities within said project. No land within said project may be leased for a period of longer than sixty (60) years.

Each member of the board shall be required by the political subdivision or subdivisions forming such recreational district to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty not less than Fifty Thousand Dollars ($50,000.00).

No member of the board shall receive any salary for acting as a member thereof, but the recreational district may authorize reasonable payment for attendance at meetings of the board of commissioners, and reasonable expenses in carrying out the duties of such board, including travel and lodging.

HISTORY: Codes, 1942, § 5977-04; Laws, 1968, ch. 269, § 4; Laws, 1986, ch. 458, § 42; Laws, 2009, ch. 467, § 20, eff from and after July 1, 2009.

§ 55-9-33. Exercise of police power within project.

The project shall be subject to the police power of the political subdivision or subdivisions forming the recreational district.

HISTORY: Codes, 1942, § 5977-03; Laws, 1968, ch. 269, § 3, eff from and after passage (approved August 7, 1968).

§ 55-9-35. Issuance of bonds for projects.

The political subdivision or subdivisions constituting the recreational district shall be authorized to issue and sell revenue or full faith and credit bonds for any project formed under the provisions of Sections 55-9-21 through 55-9-37 in the same manner as they are now authorized by law to issue and sell such bonds for any other public purpose.

HISTORY: Codes, 1942, § 5977-05; Laws, 1968, ch. 269, § 5, eff from and after passage (approved August 7, 1968).

§ 55-9-37. Funds for projects.

The political subdivision or subdivisions constituting the recreational district shall be authorized to set aside, appropriate and expend moneys from the general fund for the acquisition, development, support or maintenance of any project formed under the provisions of Sections 55-9-21 through 55-9-37.

HISTORY: Codes, 1942, § 5977-07; Laws, 1968, ch. 269, § 7; Laws, 1986, ch. 400, § 43, eff from and after October 1, 1986.

§ 55-9-51. General grant of authority.

1. The board of supervisors of any county having a population of more than one hundred thousand (100,000) inhabitants, according to the latest federal census, is authorized and empowered, in its discretion, to employ recreational supervisors for public parks and/or playgrounds located in said county, to pay to each recreational supervisor a salary of three hundred dollars ($300.00) per month, and to expend a sum not exceeding ten thousand dollars ($10,000.00) annually for the purchase and installation of recreational equipment in such public parks and/or playgrounds. However, no sum in excess of two thousand, five hundred dollars ($2,500.00) shall be expended for the purchase and installation of recreational equipment in any one (1) supervisors district in any one (1) year.
2. The board of supervisors of any county having as many as seven (7) municipalities located therein, in whole or in part, and in which there is located a Natchez Trace Parkway Housing Authority and a government fish hatchery, may, in its discretion, employ recreational supervisors for public parks and/or playgrounds located in said county, expend a total sum not exceeding three thousand, six hundred dollars ($3,600.00) annually for their salaries and expenses, and expend a sum not exceeding one thousand dollars ($1,000.00) annually for the purchase and installation of recreational equipment in such parks and/or playgrounds.

HISTORY: Codes, 1942, § 5977.5; Laws, 1950, ch. 296, §§ 1, 2; Laws, 1956, ch. 201, § 1; Laws, 1958, ch. 210, § 1; Laws, 1960, ch. 202; Laws, 1962, ch. 209.

§ 55-9-53. County recreational commission.

The board of supervisors of any county specified in Section 55-9-51(1) may, in its discretion, create, by resolution spread at large upon its minutes, a commission to be known as the county recreational commission with authority to study the recreational needs of the youth of the county and to recommend to said board the most appropriate expenditure of funds authorized to be expended in said section. Any such commission shall be composed of fifteen (15) members, three (3) members to be appointed from each supervisor’s district within the county, who shall be residents of the county and appointed by the board for a term of four (4) years; provided, that one (1) member from each district shall be appointed for an initial term of two (2) years, one (1) member from each district shall be appointed for an initial term of three (3) years, and one (1) member from each district shall be appointed for an initial term of four (4) years. All appointments thereafter shall be for a term of four (4) years. All members of the commission shall serve without pay.

HISTORY: Codes, 1942, § 5977.5; Laws, 1950, ch. 296, §§ 1, 2; Laws, 1956, ch. 201, § 1; Laws, 1958, ch. 210, § 1; Laws, 1960, ch. 202; Laws, 1962, ch. 209; Laws, 1975, ch. 335, eff from and after passage (approved March 10, 1975).

§ 55-9-55. Cooperation with municipalities.

The boards of supervisors specified in Section 55-9-51 are authorized to work in conjunction with the various municipalities in carrying out the provisions of Sections 55-9-51 through 55-9-57.

HISTORY: Codes, 1942, § 5977.5; Laws, 1950, ch. 296, §§ 1, 2; Laws, 1956, ch. 201, § 1; Laws, 1958, ch. 210, § 1; Laws, 1960, ch. 202; Laws, 1962, ch. 209.

§ 55-9-57. Payment of expenditures.

All monies authorized to be expended under the provisions of Sections 55-9-51 through 55-9-57 shall be paid from the general fund of such counties affected thereby.

HISTORY: Codes, 1942, § 5977.5; Laws, 1950, ch. 296, §§ 1, 2; Laws, 1956, ch. 201, § 1; Laws, 1958, ch. 210, § 1; Laws, 1960, ch. 202; Laws, 1962, ch. 209.

§ 55-9-81. Creation of commission; composition; members.

The board of supervisors of any county may create a county park commission and appoint five (5) members thereto who shall be designated as park commissioners. Each member of the commission shall be a qualified elector of the county, and there shall be one (1) member from each supervisors district. The terms of the members shall be concurrent with the supervisors, and they shall receive such compensation as may be provided by the board. The commission shall elect one (1) of its members as chairman of such commission and another of them as treasurer, and the treasurer shall give bond in such amount as the board of supervisors shall require payable to the county.

The board of supervisors of such county shall have the power to remove any member of such commission for inefficiency or incompetency, or for any other just cause.

HISTORY: Laws, 1974, ch. 494, § 1, eff from and after passage (approved April 2, 1974).

§ 55-9-83. Operating funds; general powers of commission.

The board of supervisors of such county may allocate and pay to such park commission annually such funds as may in their discretion be necessary properly to operate and maintain parks and outdoor recreation facilities. All funds in the hands of the park commission shall be placed in the county depository and shall be considered county funds.

The park commission shall devote all moneys allocated for such purpose by the county governing authorities, by gift, by revenue, or from any other source, for the payment of all maintenance and operating expenses, the purchase of parks and equipment, the erection and construction of buildings, the repair and replacement thereof, and for the extension of recreational facilities for the wholesome and healthful recreation of all citizens of the county.

The county park commission shall have full jurisdiction of all funds coming into its possession either by allocation by the board of supervisors or by gift or by revenue derived from the operation of said parks, and shall have authority to make all contracts in relation to the same.

The county park commission shall have authority to make bylaws for the holding and conducting of its meetings and such other regulations as it may deem necessary for the safe, economic and efficient management of such parks and providing for wholesome and healthful recreation to all the citizens of such county.

HISTORY: Laws, 1974, ch. 494, § 2, eff from and after passage (approved April 2, 1974).

§ 55-9-85. Employees of commission; operation of facilities; fees.

The county park commission shall have authority to employ a park superintendent or manager who shall have actual charge of such parks and the enforcement and execution of all rules, regulations, and the direction of all programs and festivities, and the operation of all devices for recreation installed therein.

The commissioners are authorized to elect such other officers and appoint such employees as may be necessary to maintain the said parks, and shall have entire control and management of said parks, playgrounds and swimming pools together with all property connected or in anywise appertaining to the same. Further, they shall have the right to fix the salaries of all employees and to direct them in the discharge of their duties; they shall have the right to discharge employees when found inefficient or for other good cause.

The county park commission shall have the power to make and collect fees for use of the park and for the use of any other amusement device that may be installed as well as the leasing of concessions or privileges for the sale of soft drinks, confections, popcorn, peanuts or other such articles; or such commission may operate such business.

HISTORY: Laws, 1974, ch. 494, § 3, eff from and after passage (approved April 2, 1974).

§ 55-9-87. Cooperation of commission with other authorities.

The county park commission may cooperate and join with the governing authority of any municipality or any park commission or authority created and authorized by the governing authority of any municipality in establishing, maintaining and operating any public park or recreation facility or facilities, and may cooperate and join with the board of supervisors of any other county or a county park commission created by authority of such board of supervisors of another county in establishing, maintaining and operating any public park or recreation facility or facilities.

HISTORY: Laws, 1974, ch. 494, § 4, eff from and after passage (approved April 2, 1974).

§ 55-9-89. Insurance; purchases and contracts; reports.

The county park commission is authorized to insure all property against loss by fire and tornado, and to carry property damage and other miscellaneous casualty insurance, as in the discretion of said commission may be deemed proper, and pay premiums therefor out of the funds appropriated by the board of supervisors or revenues derived in the operation of such parks.

The conduct of business and all purchases and contracts made and entered into by a park commission created under Sections 55-9-81 through 55-9-93 shall be governed by the provisions of Title 19, Chapter 13, Mississippi Code of 1972. They shall purchase all supplies for said parks, in the manner now provided by law for the purchase of such supplies by the board of supervisors, and shall issue vouchers in payment therefor. They shall report quarterly to the board of supervisors of the county all their doings and transactions of any kind whatsoever, and shall make a complete statement of the financial condition of such park commission at the end of each quarter, and shall annually make a detailed statement covering the entire management and operation of said parks, and may make any recommendations which they may have for further development of such parks.

HISTORY: Laws, 1974, ch. 494, § 5; Laws, 1984, ch. 495, § 23; reenacted and amended, Laws, 1985, ch. 474, § 27; Laws, 1986, ch. 438, § 36; Laws, 1987, ch. 483, § 37; Laws, 1988, ch. 442, § 34; Laws, 1989, ch. 537, § 33; Laws, 1990, ch. 518, § 34; Laws, 1991, ch. 618, § 34; Laws, 1992, ch. 491 § 36, eff from and after passage (approved May 12, 1992).

§ 55-9-91. Construction.

Sections 55-9-81 through 55-9-93 shall be liberally construed to promote the efficient maintenance and operation of county parks and recreation facilities to the end that it may result in the improvement of the outdoor recreation facilities and parks of the county.

HISTORY: Laws, 1974, ch. 494, § 6, eff from and after passage (approved April 2, 1974).

§ 55-9-93. Appropriation and expenditure of funds.

The board of supervisors is hereby authorized and empowered to set aside, appropriate and expend moneys from the general fund for the purpose of constructing, supporting and maintaining parks, playgrounds and recreational facilities in such county, and the funds so appropriated shall be used for no purpose except as provided in Sections 55-9-81 through 55-9-93.

HISTORY: Laws, 1974, ch. 494, § 7; Laws, 1986, ch. 400, § 44, eff from and after October 1, 1986.

§ 55-11-1. Creation and composition of Harrison County Parkway Commission; qualifications and appointment of members of commission.

The Harrison County Parkway Commission is hereby created to be composed of six (6) commissioners. Five (5) of the commissioners shall be appointed by the Governor in the following manner: each of the municipalities of Biloxi, Gulfport, Long Beach and Pass Christian, acting through a majority of the governing authorities of each, shall recommend the appointment of one (1)commissioner, and a majority of the members of the board of supervisors of said county shall recommend one (1), and the commissioners so recommended shall be appointed by the Governor. Any qualified elector of Harrison County shall be eligible as a member of said commission and may be selected from either of the supervisors districts of said county. It shall not be requisite that the person recommended by the governing authorities of any of said municipalities be a resident citizen of such municipalities.

The Governor shall be ex-officio chairman of the commission.

HISTORY: Codes, 1942, § 6004; Laws, 1938, ch. 287.

§ 55-11-3. Oath of members of commission; organization; officers.

Said commissioners, when so appointed, shall take the oath of office prescribed in Section 268 of the Constitution and shall meet at the county courthouse of Harrison County, at a date to be fixed by the Governor, to organize and select an active chairman and a secretary. The active chairman shall preside over all meetings, in the absence of the Governor, and shall have full authority to act as chairman of said commission in all matters, except at meetings presided over by the Governor as ex-officio chairman. It shall be the duty of the secretary to keep and preserve minutes of the meetings of the commission for which service a reasonable compensation may be allowed and paid.

HISTORY: Codes, 1942, § 6005; Laws, 1938, ch. 287.

§ 55-11-5. Meetings; compensation of members of commission.

The commission shall meet at the county courthouse, or at any other place designated in the notice of meeting, at any time upon call of the chairman or secretary by written notice mailed at least 48 hours before the time fixed for meeting, or without notice upon the attendance of all of the members, except the ex-officio chairman. Said commissioners shall receive five dollars ($5.00) per day compensation for each day, while engaged in attendance upon meetings of the commission, or engaged in other duties of the commission, and they shall receive their actual traveling expenses in attending meetings and engaged in the duties of the commission, to be paid out of the general fund of Harrison County.

HISTORY: Codes, 1942, § 6006; Laws, 1938, ch. 287.

§ 55-11-7. General powers and duties of commission.

The commission shall have and is hereby vested with full authority and jurisdiction to create a public parkway of the area, or any part thereof, in Harrison County, Mississippi, extending from Point Cadet on the east to Third Street in Henderson’s Point addition on the west, lying between the presently existing and used public highway extending through and across said county known as Front Street, or U.S. Highway No. 90, and the road protection or seawall right-of-way. The commission shall have authority to acquire by purchase, gift or other means, the title to any part of said land or to acquire easements or leases to same, or to acquire the right to use any part of such land by any other form of agreement that may be agreed upon between the commission and the landowner, either in perpetuity or for a term of years. The board of supervisors may, in its discretion, appropriate funds to acquire such rights or titles.

Nothing in this chapter shall be construed to relieve the State Highway Department of any maintenance along such public parkway which it has the statutory duty to perform.

HISTORY: Codes, 1942, § 6007; Laws, 1938, ch. 287; Laws, 1975, ch. 337, § 1, eff from and after passage (approved March 10, 1975).

§ 55-11-9. Approval and adoption of plans for landscaping and beautification.

The commission shall have authority, subject to the approval of the board of supervisors, to employ a competent landscape engineer to prepare plans for the beautification and landscaping of the area described in Section 55-11-7, and for any part thereof, and to approve and adopt plans for the beautification and landscaping of such areas that the commission may deem proper. However, as to any such beautification or landscaping, the cost of which is to be paid by said county, such adoption or approval shall be subject to the approval of the board of supervisors. The board of supervisors shall have authority to pay the expenses of preparing such plans out of their general fund or any other funds made available for the purposes of this chapter.

HISTORY: Codes, 1942, § 6008; Laws, 1938, ch. 287.

§ 55-11-11. Purchases and contracts.

The commission shall have authority to advertise for bids for the purchase of any materials or things and for letting contracts for furnishing any labor and material for carrying out plans that may be approved for the beautification and landscaping of any part of said parkway. No purchase or contract which is to be paid out of county funds, shall be final or any such contract binding upon the county, until accepted by the board of supervisors by order spread upon their minutes. Any such purchase or contracts that are to be paid for out of funds provided by any other governmental department shall be made and accepted in such manner that may be approved by the governmental department providing such funds.

HISTORY: Codes, 1942, § 6009; Laws, 1938, ch. 287.

§ 55-11-13. Title to and use of property rights.

The title to any property and all leases, easements or other property rights acquired under the provisions of this chapter shall be taken in the name of or for the use and benefit of Harrison County for public purposes. All such rights in land acquired by such conveyances, leases, easements, or other instruments, shall be used for public purposes in accordance with the provisions of this chapter and never applied to private uses, and the commission shall never permit any nuisance to be maintained or exist thereon.

HISTORY: Codes, 1942, § 6012; Laws, 1938, ch. 287.

§ 55-11-15. Adoption of regulations and ordinances.

The commission and the county and municipalities cooperating under this chapter shall have authority to adopt such regulations and ordinances they deem proper and necessary to carry out its provisions and to regulate the use of such parkway.

HISTORY: Codes, 1942, § 6013; Laws, 1938, ch. 287.

§ 55-11-17. Acquisition, appropriation and expenditure of funds.

The board of supervisors of Harrison County and the municipalities of Biloxi, Gulfport, Long Beach and Pass Christian, through their governing authorities, are hereby authorized to cooperate in carrying out the provisions of this chapter and to appropriate and expend funds for that purpose out of any general fund or general improvement funds.

They may do all things and make such expenditures they may deem necessary to carry out the provisions of this chapter, and may permit the use of their machinery and workmen for that purpose.

The commission and Board of Supervisors of Harrison County are authorized to apply for and accept funds from the United States Government and any of its departments or agencies, and to expend the same in carrying out the provisions of this chapter.

HISTORY: Codes, 1942, § 6010; Laws, 1938, ch. 287; Laws, 1975, ch. 337, § 2; Laws, 1986, ch. 400, § 45, eff from and after October 1, 1986.

§ 55-11-19. Applicability of laws relating to municipal budgets.

In making expenditures and donations authorized by this chapter, it shall not be necessary for the board of supervisors or the governing authorities of any municipality to comply with the provisions of Sections 19-11-1 through 19-11-27, or 21-35-1 through 21-35-33, Mississippi Code of 1972, requiring counties and municipalities to prepare budgets.

HISTORY: Codes, 1942, § 6011; Laws, 1938, ch. 287.

§ 55-11-21. Title to improvements.

Any improvements placed on any leased land or other land in which the public ownership is less than a fee title shall remain public property and upon expiration of the public right may be removed.

HISTORY: Codes, 1942, § 6014; Laws, 1938, ch. 287.

§ 55-13-1. Creation and composition of Natchez Trace Parkway Commission; general powers and duties of commission; duration and compensation of commission.

There is hereby created a Natchez Trace Parkway Right-of-Way Commission, which shall consist of three (3) members to be appointed by the Governor. Only qualified electors who are citizens of the State of Mississippi shall be eligible to serve on said commission.

The said commission shall have the power and the authority to deal with the boards of supervisors of the several counties through which said parkway runs, with the governing authorities of the municipalities through which said parkway runs, and with the State Highway Commission, and other state authorities, in procuring rights-of-way for the said parkway, satisfactory to the United States government and the agencies thereof in charge of the location and construction of the Natchez Trace Parkway.

The said commission shall serve without pay and shall exist and function so long as is necessary to effectuate its purposes. When its purposes and duties have been accomplished, said commission shall be dissolved by order of the governor.

HISTORY: Codes, 1942, § 5990; Laws, 1936, ch. 195.

§ 55-13-3. Acquisition of rights-of-way and scenic easements generally.

Whereas the United States government is about to undertake the construction of the Natchez Trace, which will be a highway in the State of Mississippi, and have in conjunction therewith a parkway, which highway will extend through the State of Mississippi for approximately three hundred miles and will entail an expenditure on the part of the federal government of not less than twelve million dollars ($12,000,000.00) provided that the United States government is supplied by the state or counties through which said Natchez Trace highway and parkway extends free rights-of-way, together with certain scenic easements along said right-of-way and parkway, the State Highway Commission of the State of Mississippi is hereby authorized and empowered to make use out of any available funds which it may have on hand or obtain such moneys as may be necessary for the purchase of lands and lease scenic easements for the Natchez Trace Parkway in the State of Mississippi or any other United States parkway project in the State of Mississippi which may be undertaken by the United States government. Said lands, when obtained by the state highway department either through purchase, gift or otherwise, may be given free to the United States or some of its subsidiary subdivisions on such terms and conditions as the United States government may demand and the State of Mississippi accede to.

HISTORY: Codes, 1942, § 5985; Laws, 1935, ch. 45.

§ 55-13-5. Dimensions of rights-of-way and scenic easements.

Such right-of-way and parkway shall be of such size and dimension as may be required by the United States government or its subsidiaries in charge of any such parkway road, not exceeding, however, one hundred (100) acres on the average to the mile of such roadway in the State of Mississippi, and such scenic easements in addition thereto as may be required, not exceeding, however, the amount of fifty (50) acres on the average to the mile of such roadway in the State of Mississippi.

HISTORY: Codes, 1942, § 5986; Laws, 1935, ch. 45.

§ 55-13-7. Condemnation of property for rights-of-way and easements.

The Mississippi State Highway Department, in the acquisition of the lands hereinabove described, shall have full power and authority to condemn such lands for said right-of-way, parkway and scenic easement purposes as is otherwise provided under the laws of the State of Mississippi, condemning such lands to an amount of not more than one hundred (100) acres on the average to the mile of such roadway in the State of Mississippi, and such scenic easements in addition thereto as may be required, not exceeding, however, the amount of fifty (50) acres on the average to the mile of such roadway in the State of Mississippi. This right is in addition to any rights which the highway department may have at the present time as to the width of roadways which may be condemned for roadway purposes in the State of Mississippi, it being the intention of this section to confer the right to extend the width of such roadways for roadway and parkway purposes to an amount limited, as herein above set forth, to one hundred (100) acres on the average to the mile of such roadway in the State of Mississippi, and such scenic easements in addition thereto as may be required, not exceeding, however, the amount of fifty (50) acres on the average to the mile of such roadway in the State of Mississippi.

HISTORY: Codes, 1942, § 5987; Laws, 1935, ch. 45.

§ 55-13-9. Payment of costs of land acquisition by counties.

The state highway commission, for the purpose of acquiring lands as set forth in Sections 55-13-3 through 55-13-11, may pay one-half the cost of said lands so acquired by purchase or condemnation only in event the county in which the land is purchased or condemned first contributes its one-half of such costs.

HISTORY: Codes, 1942, § 5988; Laws, 1935, ch. 45.

§ 55-13-11. Construction of Sections 55-13-3 through 55-13-11.

Sections 55-13-3 through 55-13-11 shall be construed in connection with any other laws of the State of Mississippi which promote the building of a national highway and parkway in the State of Mississippi.

HISTORY: Codes, 1942, § 5989; Laws, 1935, ch. 45.

§ 55-13-13. Authorization for purchase of additional rights-of-way for federal government.

Whenever the Governor of the State of Mississippi and the Highway Commission shall deem it to the best interest of the State of Mississippi to proceed to purchase additional right-of-way for the Natchez Trace Parkway so that such rights of way may be available for any contemplated or proposed appropriation to be made by the United States government looking toward the completion of such Natchez Trace Parkway, then the Mississippi Highway Commission is authorized, directed and empowered to proceed to purchase such additional rights-of-way as the said Mississippi Highway Commission and the governor of the State of Mississippi may deem necessary. That the cost of such right-of-way for Natchez Trace Parkway, including the making of surveys and the preparation of plans and specifications and eminent domain proceedings and other necessary expenses shall be paid out of the proceeds of the funds made available for road construction under Laws, 1946, ch. 186, or out of funds made available to the state highway department out of the gasoline tax or out of any other funds made available for use by the State Highway Department, whether the same be for construction or maintenance or for any other purpose.

HISTORY: Codes, 1942, § 5989-01; Laws, 1946, ch. 254, § 1.

§ 55-13-15. Declaration of necessity for additional powers, rights and duties.

Whereas, the federal government has allocated to the State of Mississippi for the construction of the Natchez Trace Parkway several millions of dollars; and

Whereas, said Natchez Trace Parkway is to be a paved highway of scenic beauty and of great value to the State of Mississippi; and

Whereas, by Sections 55-5-1 through 55-5-17, and Sections 55-13-3 through 55-13-11, the state highway commission and the counties through which the Natchez Trace is to run were authorized to acquire by purchase or condemnation the right-of-way necessary for the Natchez Trace highway, parkway and scenic public parks, and to pay for such right-of-way in the proportion of one-half by the several counties and one-half by the State Highway Commission; and

Whereas, the State Highway Commission by order on its minutes has declared that it will expend not in excess of two hundred thousand dollars ($200,000.00) for the purchase of its part of such right-of-way; and

Whereas, it is necessary under the rules and regulations of the federal government that this right-of-way be obtained and paid for by the State of Mississippi and conveyed by warranty deed to the United States of America prior to the expenditure of any federal funds for the construction of said trace;

Now, therefore, in order to carry out the regulations and rules of the federal government, and in order that the benefit of the federal government’s financial assistance may be realized for this work, the following additional powers, rights and duties are hereby conferred upon the State Highway Commission and the several counties through which said trace is to run, and Sections 55-13-17 through 55-13-29 are hereby enacted.

HISTORY: Codes, 1942, § 5991; Laws, 1936, ch. 201.

§ 55-13-17. Incorporation of Natchez Trace into state highway system; powers of Highway Commission as to highway and parkway.

The Natchez Trace highway, parkway and scenic public parks to be constructed within the State of Mississippi is hereby made a part of the state highway system, and full jurisdiction over the same is hereby conferred upon the State Highway Commission for the purpose of assisting the agents and employees of the federal government in the making of surveys, the preparing of maps, both topographical and descriptive, the preparing of deeds, the purchasing of right of way, the filing of condemnation suits and the obtaining of right-of-way for said Natchez Trace.

The State Highway Commission is further authorized and empowered to make surveys, prepare maps, deeds and plats and to receive on behalf of and in the name of the State of Mississippi the fee simple title to any land necessary for the construction of the said Natchez Trace highway and parkway and to receive scenic easements through, over, on and across land necessary for scenic public parks along said Natchez Trace.

The State Highway Commission is hereby authorized and empowered to obtain by purchase, condemnation or otherwise, any land which is necessary for the Natchez Trace highway, parkway and scenic public parks, and to pay for the same as provided in Section 55-13-19.

HISTORY: Codes, 1942, § 5992; Laws, 1936, ch. 201; Laws, 1936, lst Ex. ch. 7.

§ 55-13-19. Authorization of expenditures for purposes of Section 55-13-17.

In order to carry out the purposes and provisions of Section 55-13-17, the State Highway Commission is hereby authorized and empowered, in its discretion, to expend a sum of money not to exceed two hundred thousand dollars ($200,000.00) to be used in the making of preliminary surveys, final surveys, the preparing of maps, plats and deeds, the purchasing of right-of-way, the payment of condemnation awards, and the doing of all things incidental and necessary to the obtaining of right-of-way for the said Natchez Trace, including the employing of necessary personnel to carry out the provisions of said section. However, nothing in this section shall obligate the State Highway Commission to expend more than two hundred thousand dollars ($200,000.00) for the purposes herein provided.

HISTORY: Codes, 1942, § 5993; Laws, 1936, lst Ex. ch. 7; Laws, 1938, ch. 204.

§ 55-13-20. Authorization for Mississippi Transportation Commission to acquire rights-of-way and scenic easements.

The Mississippi Transportation Commission is authorized to acquire by purchase or eminent domain the right-of-way and scenic easements it considers appropriate to complete the terminus of the Natchez Trace Parkway in Natchez, Mississippi, and to transfer such right-of-way to the United States of America for the construction of the Natchez Trace Parkway.

HISTORY: Laws, 2000, ch. 545, § 2, eff from and after passage (approved May 20, 2000.).

§ 55-13-21. Assistance of Highway Commission by attorney general, district attorney, or county attorney.

The Highway Commission is hereby authorized to call upon the attorney general, or any district attorney in his district, or any county attorney in his county, to assist in the preparation and trial of any condemnation suit for right-of-way for the Natchez Trace, and it is further authorized to pay the actual and necessary traveling expenses of any such officer assisting in any such suit.

HISTORY: Codes, 1942, § 5998; Laws, 1936, ch. 201.

§ 55-13-23. Payment for standing merchantable timber on acquired land.

Whenever it is found necessary to obtain by purchase or condemnation any right-of-way for the Natchez Trace highway, parkway or scenic public park, and there is upon such land a growth of standing, merchantable timber, the highway commission and the counties acquiring such land are hereby authorized, in their discretion, to pay a premium of not more than twenty percent (20%) in addition to the cash market value of such standing, merchantable timber for all of said timber which is left standing on the said right-of-way on the date of its acquisition.

HISTORY: Codes, 1942, § 5999; Laws, 1936, ch. 201.

§ 55-13-25. Relocation of local roads crossing highway.

Whenever any local road is found to cross the Natchez Trace Highway at a point which is not a parkway entrance, as defined by the national park service of the U. S. Department of the Interior, the board of supervisors of the county in which such road lies is hereby authorized to abandon that part of such road which crosses the Natchez Trace highway and parkway, and to relocate it so that said local road will connect with said Natchez Trace Highway at a fixed parkway entrance.

HISTORY: Codes, 1942, § 6000; Laws, 1936, ch. 201.

§ 55-13-27. Condemnation of property.

In order to carry out the purposes of Sections 55-13-15 through 55-13-29, all of the provisions, rights and powers granted the Highway Commission, and the several counties by any general condemnation law of the State of Mississippi, are hereby conferred upon the Highway Commission and the several counties through which said trace is to run, and the following additional powers are also hereby granted:

The right to go on private property for the purpose of making preliminary surveys and measurements for the ascertaining of the exact location and description of the land to be acquired for the Natchez Trace, is hereby granted to agents and employees of the several counties, the State Highway Commission and the federal government.

Immediately upon the payment of any award to the property owner or to the chancery clerk, as the case may be, the fee simple title to any such land acquired by condemnation shall pass to the condemnor.

The State Highway Commission and the several counties through which the trace is to run are hereby authorized to condemn right-of-way for said trace on behalf of and in the name of the State of Mississippi, and as soon as the fee simple title, as above provided, vests in the State of Mississippi, the governor is hereby authorized to execute a conveyance by warranty deed to the United States government of any such land so acquired.

HISTORY: Codes, 1942, § 6001; Laws, 1936, ch. 201.

§ 55-13-29. Construction of Sections 55-13-15 through 55-13-29.

The provisions of Sections 55-13-15 through 55-13-29 are to be construed together with all other laws of Mississippi with reference to the Natchez Trace and the condemning of land, and said provisions are to be liberally construed to effectuate the purposes of said sections and to obtain the benefits of the funds granted the State of Mississippi by the United States government.

HISTORY: Codes, 1942, § 6002; Laws, 1936, ch. 201.

§ 55-13-31. Sale and conveyance of reserved oil, gas and other minerals in acquired properties to former owners.

The land commissioner, with the approval of the Governor, is hereby authorized to sell and convey all of the oil, gas and other minerals heretofore reserved by the State of Mississippi in its respective conveyances to the United States of America of those certain properties acquired by the State of Mississippi for the Natchez Trace Parkway, said conveyances to be made to the former owners, their heirs, successors, assigns, or grantees, as their interests may appear, for such price as the land commissioner, with the approval of the governor, may fix. However, the minimum price for such conveyances shall be $1.00 per acre.

HISTORY: Codes, 1942, § 6003.5; Laws, 1958, ch. 603.

§ 55-13-33. Restrictions on proximity of advertising to Natchez Trace Parkway.

No advertisement or advertising structure shall be erected, constructed, installed, maintained or operated within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway outside the limits of any municipality except as follows:

Signs, displays or devices which advertise sale, lease, rental or development of the property on which it is located;

Signs, displays or devices which carry only advertisements strictly related to the lawful use of the property on which it is located including signs, displays and devices which identify the business transacted, services rendered, goods sold or produced on the property, name of the business or name of the person, firm or corporation occupying or owning the property. The size of signs advertising the major activity of a business is not regulated under Sections 55-13-33 through 55-13-45. Signs which advertise brand name products or service sold or offered for sale on the property shall not be displayed unless such signs are on or attached to the building in which such products are sold. All signs permitted under this subsection shall be located not more than one hundred fifty (150) feet from the building in which such business activity is carried on;

Historic markers erected by duly constituted and authorized public authorities;

Highway markers and signs erected or caused to be erected by the Mississippi State Highway Department or other authorized authorities in accordance with the law;

Directional and official signs or notices erected and maintained by public officers or agencies pursuant to and in accordance with lawful authorization for the purpose of carrying out an official duty or responsibility;

Except as otherwise provided by law, signs located within a one thousand (1,000) foot radius of intersections created by the crossing of the boundary of the Natchez Trace Parkway with the right-of-way lines of components of the National System of Interstate and Defense Highways, the Federal Aid Primary Highway System or the Mississippi System of Primary Highways.

HISTORY: Laws, 1988, ch. 587, § 1, eff from and after July 1, 1988.

§ 55-13-35. Restrictions on height of buildings adjacent to Natchez Trace Parkway; exemptions.

1. It shall be unlawful to construct or erect a building, advertising structure or other structure, of more than three (3) stories or thirty-five (35) feet in height, whichever is lesser, within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway. Such restrictions on buildings and structures shall apply notwithstanding that such area is located inside or outside a municipality and notwithstanding any other provisions of law to the contrary.
2. It is the legislative intent of this section, in part, that possession of a building permit on July 1, 1988, shall not allow any construction after July 1, 1988, based on that permit. This section shall not apply to any building in existence on July 1, 1988.
3. The following buildings or structures are exempt from the application of this section if they were constructed or under construction prior to July 1, 2002:
   1. Silos, buildings and structures designed for agricultural use;
   2. Churches; and
   3. Any building or structure on property that is owned by a public school district and used for educational purposes.

HISTORY: Laws, 1988, ch. 587, § 2; Laws, 1996, ch. 356, § 1; Laws, 2000, ch. 545, § 1; Laws, 2002, ch. 531, § 1, eff from and after July 1, 2002.

§ 55-13-37. Promulgation of rules and regulations.

The Mississippi Highway Commission shall have authority to make and promulgate rules and regulations necessary for carrying out the provisions of Sections 55-13-33 through 55-13-45.

HISTORY: Laws, 1988, ch. 587, § 3, eff from and after July 1, 1988.

§ 55-13-39. Maintenance of preexisting nonconforming advertising or structures; acquisition, purchase or condemnation of preexisting advertisement or structure.

1. Any advertisement or advertising structure in existence on July 1, 1988, and which does not conform to the requirements of Sections 55-13-33 through 55-13-45 may be maintained for the life of such advertisement or advertising structure, provided that the State Highway Department may acquire by purchase, gift or condemnation all such advertisements and advertising structures and all property rights pertaining thereto. All condemnation proceedings shall be in accordance with such procedure as generally established by law.
2. In any acquisition, purchase or condemnation by the State Highway Department under subsection (1) of this section, just compensation to the owner of the advertisement or advertising or advertising structure, where the owner of the outdoor advertising does not own the fee, shall be limited to the fair market value at the time of the taking of the advertising owner’s interest in the real property on which the outdoor advertising is located and such value shall include the value of the advertising.
3. In any acquisition, purchase or condemnation by the State Highway Department under subsection (1) of this section, just compensation to the owner of the fee or other interest in the real property upon which the advertising is located, where the owner does not own the advertising located thereon, shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the department of the right to erect and maintain such advertising thereon. In arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
4. In any acquisition, purchase or condemnation by the State Highway Department under subsection (1) of this section, just compensation to the owner of the fee in the real property upon which the advertising is located, where the owner also owns the advertising located thereon, shall be limited to the fair market value of the advertising plus the difference in the fair market value of the entire tract immediately before and immediately after the taking by the State Highway Department of the right to erect and maintain such advertising thereon. In arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.

HISTORY: Laws, 1988, ch. 587, § 4, eff from and after July 1, 1988.

§ 55-13-41. Removal, etc., of nonconforming advertising.

Any advertising erected or established after July 1, 1988, in violation of the provisions of Sections 55-13-33 through 55-13-45, shall be unlawful and shall constitute a nuisance. The State Highway Department shall give thirty (30) days’ notice by certified mail to the owner of the nonconforming advertising, if such owner is known or can by reasonable diligence be ascertained, to remove the advertising or to make it conform to the provisions of Sections 55-13-33 through 55-13-45 and any rules and regulations promulgated by the State Highway Department pursuant thereto. The State Highway Department shall have the right to remove or contract to have removed the nonconforming advertising at the expense of the owner if the owner fails to act within thirty (30) days after receipt of such notice. The State Highway Department or its agents or any person contracting with the department may enter upon private property for the purpose of removing advertising prohibited by Sections 55-13-33 through 55-13-45 or any rules and regulations promulgated by the State Highway Department without civil or criminal liability.

HISTORY: Laws, 1988, ch. 587, § 5, eff from and after July 1, 1988.

§ 55-13-43. Penalties for violation of Sections 55-13-33 through 55-13-45 and rules and regulations; injunctions.

Any person, firm, corporation or association placing or erecting any advertisements or advertising structures or any junkyard along the Natchez Trace Parkway in violation of Sections 55-13-33 through 55-13-45 or any rule or regulations promulgated pursuant thereto shall be guilty of a misdemeanor. In addition thereto, the State Highway Department may seek injunctive relief in the chancery court of the county in which the nonconforming advertising is located and require the advertising to conform to the provisions of Sections 55-13-33 through 55-13-45 and rules and regulations promulgated pursuant hereto, or require the removal of the nonconforming outdoor advertising.

HISTORY: Laws, 1988, ch. 587, § 6, eff from and after July 1, 1988.

§ 55-13-45. Study on use of uniform informational signs.

The Mississippi State Highway Department is hereby directed to conduct investigations, including but not limited to necessary consultations with the National Park Service, to study the feasibility of the use of uniform informational signs along the parkways or parks which relate to commercial establishments accessible from the parkways or parks, and to report back to the 1989 Session of the Mississippi Legislature.

HISTORY: Laws, 1988, ch. 587, § 7, eff from and after July 1, 1988.

§ 55-15-1. Transfer of duties and responsibilities of Brice’s Crossroads-Tupelo Battlefield Commission; construction of references in laws.

1. The Mississippi Department of Wildlife, Fisheries and Parks shall be the Brice’s Crossroads-Tupelo Battlefield Commission, and shall exercise the duties and responsibilities of the Brice’s Crossroads-Tupelo Battlefield Commission.
2. The words “Brice’s Crossroads-Tupelo Battlefield Commission” wherever they may appear in the laws of the State of Mississippi shall be construed to mean the Mississippi Department of Wildlife, Fisheries and Parks.

HISTORY: Codes, 1942, § 6016; Laws, 1936, ch. 311; Laws, 1978, ch. 484, § 43; Laws, 2000, ch. 516, § 122, eff from and after passage (approved Apr. 30, 2000.).

§ 55-15-3. Repealed.

Repealed by Laws, 1978, ch. 484, § 44, eff from and after July 1, 1979.

[Codes, 1942, § 6017; Laws, 1936, ch. 311]

§ 55-15-5. Powers and duties of commission.

Said commission is authorized, empowered and directed to make a careful study and examination of the battlefields of Brice’s Crossroads and Tupelo (or Harrisburg), located in Lee County, Mississippi; to identify and establish the lines of Confederate soldiers, especially those from the State of Mississippi, their various maneuvers and positions, and whenever possible, to make authoritative publication of same; and to designate such historic, memorable spots with markers, monuments or other suitable means of identification.

Said commissioners will cooperate with similar commissioners that may be appointed by the legislatures of Tennessee, Alabama and Kentucky, these four states furnishing practically all the Confederate troops engaged in both battles. Said commission is authorized to receive any contributions in money or donations of land that might be made by patriotic citizens to carry out the objects and purposes of Sections 55-15-1 through 55-15-7; to make expenditures necessary to publish authoritative accounts of said battles; to erect suitable markers; to acquire options or titles to parts or all of said battlefields; and to hold same in the name and for the benefit of the State of Mississippi, all to the end that these sacred, blood-stained battlefields may be ultimately established and permanently maintained as memorial parks in everlasting honor to the heroism of the Confederate soldiers participating in said conflicts and as historic areas for the benefit of future generations.

HISTORY: Codes, 1942, § 6018; Laws, 1936, ch. 311.

§ 55-15-7. Repealed.

Repealed by Laws, 1978, ch. 484, § 44, eff from and after July 1, 1979.

[Codes, 1942, § 6019; Laws, 1936, ch. 311]

§ 55-15-21. Creation of commission; composition; qualifications, appointment and terms of office of members.

There is hereby created and established the Grand Gulf Military Monument Commission, to be composed of five (5) members, all to be resident citizens of Claiborne County, Mississippi. The members shall be appointed by the governor and shall serve for a period of five (5) years.

HISTORY: Codes, 1942, § 6021-01; Laws, 1958, ch. 594, § 1; Laws, 1970, ch. 268, § 1, eff from and after passage (approved February 18, 1970).

§ 55-15-23. Organization; officers; meetings.

Immediately after said members are named and commissioned, they shall meet at the county courthouse in Claiborne County, or at an otherwise appropriate place in Claiborne County, and proceed to organize said commission by the election of a chairman and a secretary-treasurer. Annually thereafter, said commissioners shall hold their regular meeting for the election of officers and for the transaction of other business. They shall meet at any other time upon the call of the chairman.

HISTORY: Codes, 1942, § 6021-02; Laws, 1958, ch. 594, § 2, eff from and after passage (approved April 29, 1958).

§ 55-15-25. Powers and duties of commission.

Said commission is authorized, empowered and directed to make careful study and examination of the battlefields of the Grand Gulf Military Area, located in Claiborne County, Mississippi; to make all necessary surveys in preparation to the acquisition of the Grand Gulf Military Area; to identify and establish the battle lines, maneuvers and positions; and to designate such historic, memorable areas with markers, monuments or other suitable means of identification.

Said commission is hereby authorized to receive any contributions in money, property of any kind, or donations of land that might be made by patriotic citizens to carry out the objects and purposes of Sections 55-15-21 through 55-15-31; to acquire options or titles to parts or all of said Grand Gulf Military Area and to exercise the right of eminent domain in acquiring said lands in the manner now provided by law; and to hold same in the name and for the benefit of the State of Mississippi, all to the end that the Grand Gulf Military Area may be ultimately established and permanently maintained and operated as an historical park.

HISTORY: Codes, 1942, § 6021-03; Laws, 1958, ch. 594, § 3; Laws, 1959, Ex. Sess. ch. 20.

§ 55-15-27. Donations to commission.

The board of supervisors of Claiborne County, Mississippi, and the mayor and board of aldermen of the town of Port Gibson, Mississippi, are hereby authorized to make donations to the Grand Gulf Military Monument Commission, to be used for the acquisition, establishment or maintenance of said Grand Gulf Military Area as an historical park.

HISTORY: Codes, 1942, § 6021-04; Laws, 1958, ch. 594, § 4, eff from and after passage (approved April 29, 1958).

§ 55-15-29. Operation of historical park.

The Grand Gulf Military Monument Commission is authorized and directed to establish, operate and maintain said area as an historical park as, if and when a part or all of said land has been acquired by the Grand Gulf Military Monument Commission for the State of Mississippi.

HISTORY: Codes, 1942, § 6021-05; Laws, 1958, ch. 594, § 5, eff from and after passage (approved April 29, 1958).

§ 55-15-31. Reports; records; plans; compensation of members of commission.

Before each annual meeting, and at any other time when requested by the governor, said commission shall make a full, detailed and complete report of its actions, including an accounting of any receipts and expenditure of funds. Said commission shall at all times keep its records subject to public inspection. Said commission shall also outline a program for the ensuing year, and make recommendations for the accomplishments of its objects and purposes. None of the funds that may be donated or received by said commission shall be used or expended as compensation for any of said commissioners, but said funds may be used to pay the actual expenses of the commissioners while engaged in official business of the commission.

HISTORY: Codes, 1942, § 6021-06; Laws, 1958, ch. 594, § 6, eff from and after passage (approved April 29, 1958).

§ 55-15-41. Metes and bounds.

The following described portion of the old capitol grounds is dedicated and appropriated for the purpose of establishing a confederate monumental park, and protecting and preserving the confederate monument now erected, and any that may be hereafter erected thereon. Beginning at the southwest corner of the present capitol grounds, at junction of Pearl and State Streets, thence running north along the east side of State Street two hundred and thirty-four feet; thence east at a right angle to said State Street, three hundred feet; thence south parallel with State Street, two hundred and thirty-four feet to Pearl Street; thence along north side of Pearl Street to point of beginning.

HISTORY: Codes, 1906, § 3297; Hemingway’s 1917, § 5733; 1930, § 5563; 1942, § 6020; Laws, 1902, ch. 76.

§ 55-15-43. Transfer of duties and responsibilities of Confederate Monumental Park Commission; construction of references in laws.

1. The Mississippi Department of Wildlife, Fisheries and Parks shall be the Confederate Monumental Park Commission, and shall exercise the duties and responsibilities of the Confederate Monumental Park Commission.
2. The words “Confederate Monumental Park Commission,” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Department of Wildlife, Fisheries and Parks.

HISTORY: Codes, 1906, § 3298; Hemingway’s 1917, § 5734; 1930, § 5564; 1942, § 6021; Laws, 1978, ch. 484, § 47; Laws, 2000, ch. 516, § 123, eff from and after passage (approved Apr. 30, 2000.).

§ 55-15-51. Repealed

Repealed by Section 55-15-63, eff from and after July 1, 2016.

§55-15-51. [Laws, 1986, ch. 342, § 1; reenacted without change, Laws, 1998, ch. 474, § 1; reenacted without change, Laws, 2000, ch. 455, § 1; reenacted without change, Laws, 2001, ch. 455, § 1; reenacted without change, Laws, 2002, ch. 480, § 1; reenacted without change, Laws, 2004, ch. 545, § 1; reenacted without change, Laws, 2006, ch. 378, § 1; reenacted without change, Laws, 2010, ch. 472, § 1; reenacted without change, Laws, 2015, ch. 304, § 2, eff from and after July 1, 2015.]

§ 55-15-53. Repealed.

Repealed by Section 55-15-63, eff from and after July 1, 2016.

§55-15-53. [Laws, 1986, ch. 342, § 2; Laws, 1990, ch. 456, § 1; Laws, 1991, ch. 392 § 1; Laws, 1997, ch. 466, § 1; reenacted and amended, Laws, 1998, ch. 474, § 2; reenacted without change, Laws, 2000, ch. 455, § 2; reenacted without change, Laws, 2001, ch. 455, § 2; reenacted and amended, Laws, 2002, ch. 480, § 2; reenacted and amended, Laws, 2004, ch. 545, § 2; reenacted without change, Laws, 2006, ch. 378, § 2; reenacted without change, Laws, 2010, ch. 472, § 2; reenacted without change, Laws, 2015, ch. 304, § 2, eff from and after July 1, 2015.]

§ 55-15-55. Repealed.

Repealed by Section 55-15-63, eff from and after July 1, 2016.

§55-15-55. [Laws, 1986, ch. 342, § 3; reenacted without change, Laws, 1998, ch. 474, § 3; reenacted without change, Laws, 2000, ch. 455, § 3; reenacted without change, Laws, 2001, ch. 455, § 3; reenacted without change, Laws, 2002, ch. 480, § 3; reenacted and amended, Laws, 2004, ch. 545, § 3; reenacted without change, Laws, 2006, ch. 378, § 3; reenacted without change, Laws, 2010, ch. 472, § 3; reenacted without change, Laws, 2015, ch. 304, § 3, eff from and after July 1, 2015.]

§ 55-15-57. Repealed.

Repealed by Section 55-15-63, eff from and after July 1, 2016.

§55-15-57. [Laws, 1986, ch. 342, § 4; Laws, 1990, ch 456, § 2; Laws, 1997, ch. 466, § 2; reenacted without change, Laws, 1998, ch. 474, § 4; reenacted without change, Laws, 2000, ch. 455, § 4; reenacted without change, Laws, 2001, ch. 455, § 4; reenacted without change, Laws, 2002, ch. 480, § 4; reenacted without change, Laws, 2004, ch. 545, § 4; reenacted without change, Laws, 2006, ch. 378, § 4; reenacted without change, Laws, 2010, ch. 472, § 4; reenacted without change, Laws, 2015, ch. 304, § 4, eff from and after July 1, 2015.]

§ 55-15-59. Repealed.

Repealed by Section 55-15-63, eff from and after July 1, 2016.

§55-15-59. [Laws, 1986, ch. 342, § 5; Laws, 1991, ch. 392, § 2; reenacted without change, Laws, 1998, ch. 474, § 5; reenacted without change, Laws, 2000, ch. 455, § 5; reenacted and amended, Laws, 2001, ch. 455, § 5; reenacted without change, Laws, 2002, ch. 480, § 5; Laws, 2003, ch. 529, § 24; reenacted without change, Laws, 2004, ch. 545, § 5; reenacted without change, Laws, 2006, ch. 378, § 5; reenacted without change, Laws, 2010, ch. 472, § 5; reenacted without change, Laws, 2015, ch. 304, § 5, eff from and after July 1, 2015.]

§ 55-15-61. Repealed.

Repealed by Section 55-15-63, eff from and after July 1, 2016.

§55-15-61. [Laws, 1990, ch. 422, § 1; reenacted without change, Laws, 1998, ch. 474, § 6; Laws, 2000, ch. 455, § 6; reenacted without change, Laws, 2001, ch. 455, § 6; reenacted without change, Laws, 2002, ch. 480, § 6; reenacted without change, Laws, 2004, ch. 545, § 6; reenacted without change, Laws, 2006, ch. 378, § 6; reenacted and amended, Laws, 2010, ch. 472, § 6; reenacted and amended, Laws, 2015, ch. 304, § 6, eff from and after July 1, 2015.]

§ 55-15-62. Repealed.

Repealed by Section 55-15-63, eff from and after July 1, 2016.

§55-15-62. [Laws, 2000, ch. 396, § 1; reenacted without change, Laws, 2001, ch. 455, § 7; reenacted without change, Laws, 2002, ch. 480, § 7; reenacted without change, Laws, 2004, ch. 545, § 7; reenacted without change, Laws, 2006, ch. 378, § 7; reenacted without change, Laws, 2010, ch. 472, § 7; reenacted without change, Laws, 2015, ch. 304, § 7, eff from and after July 1, 2015.]

§ 55-15-63. Repeal of Sections 55-15-51 through 55-15-62.

Sections 55-15-51 through 55-15-62, Mississippi Code of 1972, which create and empower the Mississippi Veterans Monument Commission, are repealed on July 1, 2016.

HISTORY: Laws, 1997, ch. 466, § 3; Laws, 1998, ch. 474, § 7; Laws, 2000, ch. 455, § 7; Laws, 2001, ch. 455, § 8; Laws, 2002, ch. 480, § 8; Laws, 2004, ch. 545, § 8; Laws, 2006, ch. 378, § 8; Laws, 2010, ch. 472, § 8; Laws, 2015, ch. 304, § 8, eff from and after July 1, 2015.

§ 55-15-71. Vietnam Veterans Memorial.

The board of supervisors of any county and the governing authorities of any municipality are hereby authorized and empowered, in their discretion, to make contributions out of any available county or municipal funds, as appropriate, to a nonprofit corporation established for the purpose of constructing a Vietnam Veterans Memorial on the Mississippi Gulf Coast.

HISTORY: Laws, 1989, ch. 458, § 1, eff from and after passage (approved March 25, 1989).

§ 55-15-81. Alteration of historical monuments and memorials prohibited; sanctions.

1. None of the following items, structures or areas may be relocated, removed, disturbed, altered, renamed or rededicated: Any Revolutionary War, War of 1812, Mexican-American War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, War in Iraq or Native American War’s statues, monuments, memorials or nameplates (plaques), which have been erected on public property of the state or any of its political subdivisions, such as local, municipal or county owned public areas, and any statues, monuments, memorials, nameplates (plaques), schools, streets, bridges, buildings, parks preserves, reserves or other public items, structure or areas of the state or any of its political subdivisions, such as, local, municipal or county owned public areas, which have been dedicated in memory of, or named for, any historical military figure, historical military event, military organization or military unit.
2. No person may prevent the public body responsible for maintaining any of the items, structures or areas described above from taking proper measures and exercising proper means for the protection, preservation, care, repair or restoration of those items, structures or areas. The governing body may move the memorial to a more suitable location if it is determined that the location is more appropriate to displaying the monument.
3. This section shall not apply to items, structures or areas located on property owned or acquired by the Mississippi Transportation Commission which may interfere with the construction, maintenance or operation of public transportation facilities.

HISTORY: Laws, 2004, ch. 463, § 1, eff from and after July 1, 2004.

§ 55-17-1. Establishment of gardens authorized; financial aid.

1. There is hereby authorized to be established the International Gardens of Mississippi which shall be situated in Copiah County, Mississippi, on lands selected by the Joint Legislative International Gardens Commission created by House Concurrent Resolution No. 61 of the 1970 Regular Legislative Session. The site chosen shall be purchased by and the International Gardens of Mississippi shall be developed and maintained with funds to be furnished by the county or counties involved.

   The Mississippi Department of Wildlife, Fisheries and Parks shall, in the development of said gardens, abide by the intent of House Concurrent Resolution No. 121 of the 1968 Regular Legislative Session, the intent and recommendations and reports of the Joint Legislative International Gardens Commission, and the final report concerning the proposed gardens as prepared by Mississippi State University for the Legislature wherever reasonable, practical and possible.

2. The Mississippi Department of Wildlife, Fisheries and Parks may accept financial aid from the United States government, foundations, organizations, and public and private corporations unless expressly forbidden by the laws of the State of Mississippi. Aid, assistance, advice and gifts may be accepted from foreign nations or other states of the United States.

   However, until completion of the improvements to the existing state parks designated in House Bill 660, Regular Session of 1972, no funds made available to the State of Mississippi under the Federal Land and Water Conservation Act of 1965 shall be used in the International Gardens of Mississippi.

HISTORY: Codes, 1942, § 5977.5-31; Laws, 1972, ch. 340, §§ 1, 2; Laws, 2000, ch. 516, § 124, eff from and after passage (approved Apr. 30, 2000.).

§ 55-17-3. Special advisory committee.

A special advisory committee for the International Gardens of Mississippi is hereby created which shall consist of two (2) members of the Department of Horticulture of Mississippi State University, as selected by the president of Mississippi State University, three (3) members of the senate to be appointed by the lieutenant governor, three (3) members of the house of representatives to be appointed by the speaker of the house, and four (4) members to be appointed by the Governor, one (1) of whom shall be a resident of each of the supreme court districts and one (1) of whom shall be a resident of Copiah County. At least one (1) of the members of the committee shall be a woman. The terms of office of the legislative members shall be concurrent with the term of office for which they were elected. The term of office of the official nonlegislative appointees shall terminate on January 1, 1977, and the terms of office of their successor shall terminate on January 1 every four (4) years thereafter.

HISTORY: Codes, 1942, § 5958-08 (last ¶); Laws, 1972, ch. 340, § 4, eff from and after passage (approved April 19, 1972).

§ 55-17-5. Park director.

The Mississippi Commission on Wildlife, Fisheries and Parks shall appoint, with the approval of the special advisory committee for the International Gardens of Mississippi, as established by Section 55-17-3, a Park Director of the International Gardens of Mississippi, who shall have administrative and supervisory authority of said gardens, under the general supervision and direction of the Mississippi Department of Wildlife, Fisheries and Parks.

HISTORY: Codes, 1942, § 5958-02(g); Laws, 1972, ch. 340, § 3; Laws, 2000, ch. 516, § 125, eff from and after passage (approved Apr. 30, 2000.).

§ 55-19-1. Creation of district authorized; member counties.

It is hereby declared, as a matter of legislative determination: that East Central Mississippi is almost totally lacking in public parks, playgrounds, campgrounds, and related recreational facilities for citizens of the area to enjoy; that the area has therein a natural setting for the creation of all such recreational needs, particularly is this so in the Bienville National Forest comprising approximately one hundred ninety thousand (190,000) acres lying and being situated in four (4) East Central Mississippi counties; that by creation of this district, counties in East Central Mississippi will be empowered to acquire the use of this beautiful forest for regular use by all of the citizens of this state and frequent use by tourists who heretofore have had to seek their outdoor recreational pleasures in other places in distant states; that the creation of the Bienville Recreational District, with adequate but reasonable powers, with local assistance, cooperation and taxation, will greatly enhance the economic development and growth of the area; and that as a matter of public policy, the general welfare of the state warrants the enactment of this chapter.

The Bienville Recreational District may hereafter be created in East Central Mississippi under authority of this chapter and in the manner hereinafter provided. The counties eligible to become member counties of the district are those four (4) counties in which any part of the Bienville National Forest lies and other counties in Mississippi that are contiguous or nearly contiguous to said four (4) counties. Once created, the Bienville Recreational District shall be an agency of the state and a body politic and corporate.

HISTORY: Codes, 1942, § 5977.5-01; Laws, 1972, ch. 329, § 1, eff from and after passage (approved April 11, 1972).

§ 55-19-3. Resolution of intention as to county participation in district.

By July 10, 1972, the boards of supervisors of those counties eligible to become member counties of the Bienville Recreational District shall hold a public hearing at their respective courthouses or at some other appropriate hearing rooms whereby local citizens may have the opportunity to express their sentiments on the question of the county’s becoming a member and a participant in the activities and objectives of the district. If a board of supervisors finds and determines that public sentiment substantially favors the purposes contained in this chapter, the board shall adopt a resolution declaring its intentions to become a member county of the Bienville Recreational District.

HISTORY: Codes, 1942, § 5977.5-02; Laws, 1972, ch. 329, § 2, eff from and after passage (approved April 11, 1972).

§ 55-19-5. Board of directors.

When each of the boards of supervisors of the four (4) counties wherein the Bienville National Forest lands lie has adopted a resolution for the creation of the Bienville Recreational District as provided in Section 55-19-3, the respective boards of supervisors shall appoint a person of good general reputation and sound business judgment to the board of directors for a four-year term, such term commencing at a date certain to be mutually agreed upon by the four (4) boards of supervisors. The Governor of the State of Mississippi within sixty (60) days after creation of the district shall appoint two (2) members from the district-at-large to the board of directors for terms of four (4) years.

The clerk of each of the respective boards of supervisors and the governor shall advise the secretary of state of their appointees, and a commission shall be issued to all directors by the secretary of state.

All of the directors shall meet within sixty (60) days from the effective date of the commissions of the county directors in the courthouse of one (1) of the member counties at the time and place designated by the secretary of state of the State of Mississippi, and shall take and subscribe to the general oath of office as set forth in Section 268 of the state constitution and thereafter file said oath with the secretary of state.

The directors shall organize at said meeting by electing a president, vice president, and secretary-treasurer for one-year terms from among the directors present. This initial meeting of the board of directors and all subsequent meetings shall be a public record where official minutes of all proceedings shall be accurately and safely kept by the secretary of the board of directors of the district.

All members of the board of directors shall be entitled to twenty-two dollars and fifty cents ($22.50) per diem not to exceed twenty-three (23) days in a fiscal year.

HISTORY: Codes, 1942, §§ 5977.5-02, 5977.5-08; Laws, 1972, ch. 329, §§ 2, 8, eff from and after passage (approved April 11, 1972).

§ 55-19-7. Requirement and procedure for tax levy generally.

1. In order to become a permanent member county of the district, the board of supervisors shall levy a tax not to exceed two (2) mills on all of the taxable property of the county after a mandatory election is held on the question within the county.
2. No more than sixty (60) days after the organizational meeting of the district, the board of supervisors of each of the member counties shall adopt a resolution calling a mandatory election to be held on a day certain on the question of levying or not levying up to two (2) mills on all taxable property of the county. The resolution shall be published in a weekly newspaper published in the county and, in the board’s discretion, also published in a daily newspaper published in the county, once each week for three (3) consecutive weeks with the last publication being not less than ten (10) and not more than thirty (30) days prior to the date for the mandatory election on the proposition of the ad valorem tax levy described above. The election shall be held and conducted so far as practical in the manner provided by general law for conducting general elections. At such election all qualified electors of the county may vote. The ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed tax levy and the words “FOR THE TAX LEVY” and “AGAINST THE TAX LEVY,” and the voter shall vote by placing a cross (x) or a check mark (Π) opposite his or her choice on the proposition. It is hereby declared that a majority of the votes cast at such election shall be necessary before the tax can be levied and the county become a permanent member of the Bienville Recreational District.
3. When the returns of the election have been canvassed and the results determined by the county election commission, the election commission shall certify the results to the board of supervisors which shall, in turn, adjudicate the results of the election and enter an appropriate order upon its minutes declaring that said millage shall be levied when the next annual county tax levies are to be made, or enter an appropriate order upon its minutes declaring that such millage shall not be levied.
4. No additional election shall be held on the proposition until the lapse of one (1) year.

HISTORY: Codes, 1942, § 5977.5-03; Laws, 1972, ch. 329, § 3; Laws, 1973, ch. 500, § 1, eff from and after passage (approved April 17, 1973).

§ 55-19-9. Effect of failure to levy tax.

If the election for a tax levy as set out in Section 55-19-7 fails in any of the four (4) counties in which a part of the Bienville Recreational District lies, then that county is no longer a member, and the clerk of the board of supervisors of that county shall so advise the governor and the secretary of state of its removal. Since each of the four (4) said counties is essential to the district, the district shall be dissolved automatically upon the removal of any one (1) of such counties. However, the district may maintain the organization outlined in Section 55-19-5 for a period of two (2) years after such dissolution but its activities shall be limited to that of perfecting a district with four (4) permanent member counties.

HISTORY: Codes, 1942, § 5977.5-04; Laws, 1972, ch. 329, § 4, eff from and after passage (approved April 11, 1972).

§ 55-19-11. Declaration of creation of district.

If the district is created and the four (4) counties do become permanent members and levy the tax outlined in Section 55-19-7, the board of directors of the district shall find and adjudicate, and its minutes shall so reflect, that the board of supervisors of each of the four-member counties has fully complied with the provisions of its duties under this chapter which include but are not limited to conducting the election, finding that it favored creating the district, levying an ad valorem tax, and appointing a member to the board of directors from each county. The minutes ratifying the organization of the district shall conclude by adjudicating that all lawful requisites have been done and performed to creating the Bienville Recreational District, and it shall be so declared to be an agency of the State of Mississippi and a body politic and corporate as of the date of said minutes to the extent and with the full force and effect as an arm of state government as if it had been created directly by the legislature.

HISTORY: Codes, 1942, § 5977.5-05; Laws, 1972, ch. 329, § 5, eff from and after passage (approved April 11, 1972).

§ 55-19-13. Addition of counties to district; amount of tax levy.

Other counties may become members of the district after the establishment of the district according to Sections 55-19-3 through 55-19-7 and 55-19-11 in the same manner but without regard to the time limits provided for the original and necessary four (4) counties to become member counties.

Provided, however, for membership in the district by other than the four (4) permanent counties, the millage requirements shall be no less than the following:

Counties with total assessed valuation above $60,000,000. . . . .1/2 mill

Counties with total assessed valuation of at least $30,000,000 and no more than $60,000,000. . . . .1 mill

Counties with total assessed valuation below $30,000,000. . . . .2 mills

Whenever such county becomes a member, the clerk of the board of supervisors of that county shall so advise the Secretary of State and forward the name and address of the director for said county. A commission will be issued to such director by the Secretary of State. The director shall then proceed to take and subscribe to his oath of office and thereby become a member of the board of directors with the same rights, responsibilities and privileges enjoyed by any other director.

HISTORY: Codes, 1942, § 5977.5-06; Laws, 1972, ch. 329, § 6; Laws, 1973, ch. 500, § 2, eff from and after passage (approved April 17, 1973).

§ 55-19-14. Reduction of tax levy.

After the formation of the district, if the board of directors should find that the millage levied is more than sufficient for the operation of the district and that there are no debts to be serviced, it may adopt a resolution permitting the lowering of the required millage set forth in Sections 55-19-7 and 55-19-13, Mississippi Code of 1972.

HISTORY: Laws, 1973, ch. 500, § 3, eff from and after passage (approved April 17, 1973).

§ 55-19-15. General powers and authority of district.

The district, upon ratification as required by Section 55-19-11, is hereby declared to have all the powers which it may deem reasonable, necessary and requisite to establish within the Bienville Recreational District recreational facilities of all types and kinds for the benefit of residents of the area and for nonresident citizens who shall be encouraged and invited to utilize these activities and facilities. Among these powers shall be the power to purchase, sell, exchange, lease, accept, receive or hold title or leasehold interest in real, personal and mixed property from any source whatsoever or to otherwise deal with any such property to the extent reasonably necessary to accomplish the purposes of the district. All such interests shall be received in the name of the State of Mississippi for the use and benefit of the Bienville Recreational District.

Further, the powers shall include the right to contract with the State Highway Department, the board of supervisors of the counties within the district, or any other state or federal agency for the construction and maintenance of roads and bridges. In the exercise of its powers the district may employ administrative, technical, fiscal and professional personnel as may be found necessary to implement the purposes of this chapter with such personnel’s compensation to be established by the Mississippi Personnel Board; to adopt and use a seal; accept grants, gifts and bequests from the United States or any agency or department thereof, or from any other public or private source; establish a bank account or accounts; develop the recreational facilities and activities of the district by letting of public contracts and entering into public contracts; receive and disburse all funds for lawful purposes; make needful rules and regulations within the purposes of this chapter; do any and all other acts or things necessary and requisite to the exercise of the powers, rights, privileges or functions conferred upon the district by this chapter or other general laws of the state; and fix and collect rates and charges to residents and nonresident persons for the use of the district’s cabins, boats, recreational and other related facilities.

It is expressly provided that the board of directors is subject to the general laws of the state to the same extent as any other state board, commission or department, including but not limited to the budget, state department of audit, public purchasing and public construction statutes.

HISTORY: Codes, 1942, § 5977.5-10; Laws, 1972, ch. 329, § 10; Laws, 1973, ch. 500, § 4; Laws, 1984, ch. 488, § 237, eff from and after July 1, 1984.

§ 55-19-17. Borrowing of money and issuance of bonds generally.

The board of directors of the district is hereby authorized and empowered to borrow money or issue bonds of the district for the purpose of paying the costs of acquiring, owning, constructing, operating, repairing and maintaining the projects and works specified herein, including related facilities, and including all financing and financial advisory charges, interest during construction, engineering, architectural, legal and other expenses incidental to and necessary for the foregoing or for the carrying out of any power conferred by this chapter. Said board of directors is authorized and empowered to borrow money and issue bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors, not to exceed the limitation prescribed in Sections 55-19-19 et seq. All such bonds so issued by said district shall be secured solely by a pledge of the avails of the two (2) mills ad valorem tax levy provided for in Section 55-19-7, or so much thereof as may be necessary therefore, and of the net revenues as hereinafter defined, or so much thereof as may be necessary therefor. Such bonds shall not constitute general obligations of the State of Mississippi, but of the counties comprising said district and such bonds shall be secured by a pledge of the full faith, credit and resources of said district and of said counties jointly and severally. Bonds of the district shall not be included in computing any present or future debt limit of any county in such district under any present or future law. “Revenues” as used in this chapter shall mean all charges, rentals, tolls, rates, gifts, grants, tax proceeds, monies and all other funds coming into the possession of the district by virtue of the provisions of this chapter, except the proceeds from the sale of bonds issued thereunder, and except the avails of not to exceed the two-mill ad valorem tax levy provided for in Section 55-19-7. “Net revenues” as used in this chapter shall mean the revenues after payment of costs and expenses of operation and maintenance of the activities and related facilities of the district.

HISTORY: Codes, 1942, § 5977.5-12; Laws, 1972, ch. 329, § 12, eff from and after passage (approved April 11, 1972).

§ 55-19-19. Details of bonds; interest; execution and negotiability of bonds; application of supplemental powers and authorizations provisions.

1. All such bonds provided for in Section 55-19-17 shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting. They shall be in denominations of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00), and may be registered as issued. They shall be numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued, the total amount authorized to be issued, the interest on the bond, that it is payable to bearer, and that the interest to accrue thereon is evidenced by proper coupons attached thereto.
2. Such bonds shall contain such covenants and provisions; shall be executed; shall be in such form, format, type, denomination or denominations; shall be payable as to principal and interest, at such place or places; and shall mature at such time or times, all as shall be determined by such board of directors and set forth in the resolution pursuant to which such bonds shall be issued. The date of maturity of such bonds shall not exceed thirty-five (35) years from the date of the bond.
3. All bonds shall bear interest at such rate or rates not to exceed a net interest cost to maturity of seven percent (7%) per annum. No bond shall bear more than one (1) rate of interest. Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid. All bonds of the same maturity shall bear the same rate of interest. All interest accruing on such bonds so issued shall be payable semiannually, or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year. No interest payment shall be evidenced by more than one (1) coupon and supplemental coupons, cancelled coupons and zero interest coupons will not be permitted. No interest coupon shall vary more than twenty-five percent (25%) in interest rate for any other interest coupon in the same bond issue. The interest rate on any one (1) interest coupon shall not exceed seven percent (7%).
4. Such bonds shall be signed by the president and secretary-treasurer of the district with the seal of the district affixed thereto; however, the coupons may bear only the facsimile signatures of such president and secretary-treasurer.
5. Any provisions of the general laws to the contrary notwithstanding, any bonds and interest coupons issued pursuant to the authority of this chapter shall be securities within the meaning of Article 8 of the Uniform Commercial Code, being Sections 75-8-101 et seq., Mississippi Code of 1972. Such bonds and interest coupons shall be exempt from all state, county, municipal and other taxation under the laws of the State of Mississippi.
6. Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1942, § 5977.5-13; Laws, 1972, ch. 329, § 13; Laws, 1983, ch. 494, § 25, eff from and after passage (approved April 11, 1983).

§ 55-19-21. Sale and redemption of bonds; security for payment generally; restriction on amount of bonds.

All bonds provided for herein shall be sold under the sealed bid procedure as designated in Section 31-19-25, Mississippi Code of 1972, and as additionally provided in this and other sections of this chapter. Each interest rate specified in any bid must be in a multiple of one-tenth of one percent (1/10 of 1%) or in multiples of one-eighth of one percent (1/8 of 1%), and a zero rate of interest cannot be named. Any premium must be paid in bank funds as a part of the purchase price, and bids shall not contemplate the cancellation of any interest coupon or the waiver of interest or other concession by the bidder as a substitute for bank funds. Any bonds issued under the provisions of this chapter shall be submitted to validation under the provisions of Sections 31-13-1 through 31-13-11, inclusive, Mississippi Code of 1972.

Such bonds may be called in, paid and redeemed in inverse numerical order on any interest date prior to maturity but not before ten (10) years after issued upon not less than thirty (30) days’ notice to the paying agent or agents designated in such bonds, and at such premium as may be designated in such bonds. In no case shall any premiums exceed six percent (6%) of the face value of such bonds.

All such bonds shall contain in substance a statement to the effect that they are secured solely by a pledge of the avails of not to exceed two (2) mills ad valorem tax levy provided for in Section 55-19-7, or so much thereof as may be necessary therefor, and of the net revenues as hereinabove defined or so much thereof as may be necessary therefor, and they do not constitute general obligations of the State of Mississippi, but of the counties comprising said district, and are secured by a pledge of the full faith, credit and resources of said district and of such counties, jointly and severally.

This chapter shall be full and complete authority for the issuance of the bonds provided for herein, and no restriction or limitation otherwise prescribed by law shall apply herein. Bonds issued pursuant to this chapter shall not exceed fifteen million dollars ($15,000,000.00) in principal amount.

HISTORY: Codes, 1942, § 5977.5-14; Laws, 1972, ch. 329, § 14, eff from and after passage (approved April 11, 1972).

§ 55-19-23. Trust agreement as security for bonds.

At the discretion of the board of directors of the district, any bonds provided for in Section 55-19-17 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the right and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this chapter which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district, including the authority to sell or make contracts for the sale of any services, facilities or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with the power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.

HISTORY: Codes, 1942, § 5977.5-15; Laws, 1972, ch. 329, § 15, eff from and after passage (approved April 11, 1972).

§ 55-19-25. Investment in bonds; bonds as security for deposits.

All bonds of the district shall be and are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations and insurance companies and for funds of the Mississippi Public Employees’ Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.

HISTORY: Codes, 1942, § 5977.5-16; Laws, 1972, ch. 329, § 16, eff from and after passage (approved April 11, 1972).

§ 55-19-27. Refunding bonds.

The board of directors of the district is hereby authorized to provide by resolution for the issuance of refunding bonds of the district for the purpose of refunding any bonds then outstanding and issued under authority of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such refunding bonds, the maturity and other details thereof, and the rights, duties and obligations of the board of directors and of the district in respect to such bonds shall be governed by the provisions of this chapter and the statutes providing for refunding revenue bonds issued by the municipalities of this state, insofar as they are applicable. In no event shall such bonds mature over a period of time exceeding thirty-five (35) years from date of issuance.

HISTORY: Codes, 1942, § 5977.5-17; Laws, 1972, ch. 329, § 17, eff from and after passage (approved April 11, 1972).

§ 55-19-29. Receipt and disbursement of gifts, grants and bequests.

The board of directors of the Bienville Recreational District shall be, and it is authorized, to receive and disburse any and all state, federal and private gifts, grants and bequests, including personal, real and mixed properties. However, said board shall not receive or disburse any funds from the avails of the tax levy provided in Section 55-19-7 or from the avails of any bonds issued or sold under the provisions of Section 55-19-17 until all of the original and necessary four (4) counties have agreed to levy the tax and the creation and organization of the Bienville Recreational District has been ratified as provided in Section 55-19-11.

HISTORY: Codes, 1942, § 5977.5-09; Laws, 1972, ch. 329, § 9, eff from and after passage (approved April 11, 1972).

§ 55-19-31. Assessment and collection of taxes; annual budget.

The ad valorem tax levies from the member counties shall be made, assessed and collected in the manner provided by general law for other county tax levies. The gross proceeds thereof shall be transmitted by county warrant from time to time to the secretary-treasurer of the district who shall forthwith deposit the same in one or more public depositories within the district which the board of directors is authorized to establish in the manner now provided by law for the selection of county depositories.

The board of directors shall make no expenditure until an annual budget for the operation of the district has been approved by the legislature after consideration by and upon recommendation of the legislative budget office.

HISTORY: Codes, 1942, § 5977.5-11; Laws, 1972, ch. 329, § 11; Laws, 1984, ch 488, § 238, eff from and after July 1, 1984.

§ 55-19-33. Bond of district directors and employees.

The directors and all employees having responsibilities for the fiscal affairs of the district shall be covered by a reasonable blanket bond, the premium on which shall be paid from any funds available to the district.

HISTORY: Codes, 1942, § 5977.5-07; Laws, 1972, ch. 329, § 7, eff from and after passage (approved April 11, 1972).

§ 55-19-35. Relocation of federal roads, highways, parkways or facilities.

The board of directors of the district is hereby authorized and empowered to negotiate and contract with the United States of America, or any agency thereof, concerning all lands, easements and rights-of-way necessary for the relocation of any federal road, highway or parkway or for the facilities appurtenant thereto.

HISTORY: Codes, 1942, § 5977.5-18; Laws, 1972, ch. 329, § 18, eff from and after passage (approved April 11, 1972).

§ 55-19-37. Joint activities with other governmental organizations.

The district shall have authority to act jointly with other political subdivisions of the state and agencies, commissions and instrumentalities, and with the federal government and other agencies thereof, in the performance of the purposes and services authorized in this chapter, upon such terms as may be agreed upon by the directors.

The board of directors of the district shall have the authority to negotiate and contract with the secretary of the army under the provisions of Public Law 653, 85th Congress, or other applicable law or regulation written pursuant thereto.

HISTORY: Codes, 1942, § 5977.5-19; Laws, 1972, ch. 329, § 19, eff from and after passage (approved April 11, 1972).

§ 55-19-39. Construction contracts.

All construction contracts by the district where the amount of the contract shall exceed ten thousand dollars ($10,000.00) shall, and construction contracts of less than ten thousand dollars ($10,000.00) may, be made upon at least three (3) weeks’ public notice. Such notice shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed in such notice for the receipt of bids, and the last publication shall be made not more than seven (7) days prior to such date. The notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the district, to do the work. In all such cases, before the notice shall be published, plans and specifications for the work shall be prepared by a registered professional engineer and shall be filed with the secretary of the district and there remain. The board of directors of the district shall award the contract to the lowest responsible bidder who will comply with the terms imposed by such directors and enter into bond with sufficient sureties to be approved by the directors in such penalty as shall be fixed by the directors; but in no case shall such bond be less than the contract price, conditioned for the prompt, proper and efficient performance of the contract. Contracts of less than ten thousand dollars ($10,000.00) may be negotiated; however, the board of directors shall invite and receive written proposals for the work from at least three contractors regularly engaged in the type of work involved.

HISTORY: Codes, 1942, § 5977.5-20; Laws, 1972, ch. 329, § 20, eff from and after passage (approved April 11, 1972).

§ 55-19-41. Effect of restrictions in other laws.

The provisions of any other law, general, special or local, except as provided in this chapter, shall not limit or restrict the powers granted by this chapter.

HISTORY: Codes, 1942, § 5977.5-21; Laws, 1972, ch. 329, § 21, eff from and after passage (approved April 11, 1972).

§ 55-19-43. Exemption from taxation of projects or bonds.

The accomplishment of the purposes stated in this chapter being for the benefit of the people of this state and for their improvement, the district in carrying out the purposes of this chapter will be performing an essential public function and shall not be required to pay any tax or assessment on the projects and related facilities or any part thereof. The interest on the bonds issued hereunder shall at all times be free from taxation within this state, and the state hereby covenants with the holder of any bonds to be issued hereunder that the Bienville Recreational District shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts.

HISTORY: Codes, 1942, § 5977.5-22; Laws, 1972, ch. 329, § 22, eff from and after passage (approved April 11, 1972).

§ 55-19-45. Grants or advancements of funds by counties.

Any county which is within the territorial limits of the district may grant or advance funds to said district to pay the preliminary expenses, including engineers’ reports, attorney fees, organization or administration expenses, on such terms of repayment as the governing body of such county shall determine. Notwithstanding the provision of any law to the contrary, any such county is authorized and empowered to borrow money for a period not to exceed one (1) year from the date of such borrowing, for the purpose of making such grants or advances. The board of directors is hereby authorized to repay any such advances from the proceeds of any funds for bonds issued under the provisions of this chapter. The said district is authorized to expend all funds coming into its depository for any legitimate purpose authorized by this chapter.

HISTORY: Codes, 1942, § 5977.5-23; Laws, 1972, ch. 329, § 23, eff from and after passage (approved April 11, 1972).

§ 55-19-47. Construction of chapter.

Nothing in this chapter shall be construed to violate any provision of the federal or state constitutions, and all acts done under this chapter shall be done in such manner as will conform thereto, whether therein expressly provided or not. Where any procedure thereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide any alternative procedure conformable with such constitutions. If any provisions of this chapter shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this chapter, and the legislature here declares that it would have permitted the creation of the district and enacted the valid provisions of this chapter, notwithstanding the invalidity of any other provision or provisions thereof.

HISTORY: Codes, 1942, § 5977.5-24; Laws, 1972, ch. 329, § 24, eff from and after passage (approved April 11, 1972).

§ 55-19-49. Distribution of funds to member counties.

After the payment of any costs or expenses incurred under Section 55-19-1 et seq., all charges, tolls, rates, gifts, grants, bequests, monies, tax proceeds and all other funds from any source whatsoever, with accrued interest, if there be any, which came into the possession of the Bienville Recreational District by virtue of the provisions of Section 55-19-1 et seq., shall be distributed to the member counties on the same basis that said funds were received from the member counties. Real, personal or mixed property shall be sold at a fair market value and the proceeds therefrom shall be distributed to member counties on a pro rata basis. All funds distributed to the member counties shall be deposited into the general fund of the county.

HISTORY: Laws, 1979, ch. 431; Laws, 1981, ch. 489, § 1, eff from and after passage (approved April 15, 1981).

§ 55-21-1. Short title.

This chapter shall be called the “Mississippi Zoological Park and Garden District Act.”

HISTORY: Laws, 1980, ch. 469, § 2, eff from and after July 1, 1980.

§ 55-21-3. Formation of districts.

The board of supervisors of any county by itself or by joining with the board of supervisors of any county adjacent to such county may form a zoological park and garden district. The board of supervisors of any county or counties wishing to form such a district may do so by entering into a contract for the construction, expansion, remodeling and/or maintenance and equipping of such zoological park and garden. Such contract or any future contract may provide for the continued use, equipping, repairing, reconstructing and remodeling of such park and garden.

HISTORY: Laws, 1980, ch. 469, § 2, eff from and after July 1, 1980.

§ 55-21-5. Establishment of district board; composition; appointment and terms of office of members of board.

Such zoological park district established as provided for in Section 55-21-3 shall establish a district zoological park and garden board which shall supervise and control the zoological park. The district zoological park and garden board, hereinafter referred to as the board, shall consist of three (3) representatives from each participating county. Each member shall be appointed by the governing authority of the entity he represents for a term of six (6) years and until his successor is appointed and qualified.

HISTORY: Laws, 1980, ch. 469, § 3, eff from and after July 1, 1980.

§ 55-21-7. Officers of board; appointment of director; meetings; compensation of members of board.

1. The board shall annually elect a chairman from among its members and such other officers as it may deem necessary for the performance of its duties. It shall appoint a director to serve at its pleasure, and who shall be chosen solely on the basis of his training, experience and other qualifications in the field of zoo management. The director shall act as executive secretary of the board and appoint administrative officers and employees of the board with the approval of the board. With the approval of the board he shall exercise the powers and duties set forth in Section 55-21-9.
2. The board shall meet at such times and places as it may determine. Each voting member of the board shall be paid a per diem compensation of twenty-two dollars and fifty cents ($22.50) and shall be reimbursed for all reasonable expenses incurred in the performance of his duties in the same manner as other state employees and officers are reimbursed for such expenses.

HISTORY: Laws, 1980, ch. 469, § 4, eff from and after July 1, 1980.

§ 55-21-9. General powers and duties of board.

The board shall possess the following powers, duties and responsibilities:

The board shall acquire, construct, equip, operate and maintain the district zoological park and garden at a site to be selected by the board. Prior to selection of the site, the board shall prepare a comprehensive plan for site location and development. The zoological district may acquire by gift, purchase or condemnation a site for the zoological park and garden. The district zoological park and garden shall consist of adequate facilities and structures for the collection, habitation, preservation, care, exhibition, examination or study of wild and domestic animals, including, but not limited to, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board may provide such lands, buildings and equipment as it deems necessary for parking, transportation, entertainment, education or instruction of the public in connection with such zoological park and garden.

The board is hereby authorized to acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of this chapter and otherwise in accordance with the provisions of law. The board is further authorized to sell, convey, assign, mortgage or lease any interest in real estate which has been purchased, donated, bequeathed or devised to the zoological district but which is not suitable for a zoo park and such interest may include, but shall not be limited to, fee simple interests and life estates.

The board is hereby authorized and empowered, in its discretion, to lease land on a yearly basis.

Before such real estate is sold, conveyed, assigned, purchased or leased, the fair market value of such real estate shall be determined by the averaging of at least three (3) appraisals by Mississippi members of the American Institute of Real Estate Appraisers. Such appraisals shall be paid for by the board.

The board shall not sell, convey, assign or lease any interest in real property which it has acquired from the State of Mississippi. There shall be no appraisal required for real property leased from the state for use in a district zoological park.

The board is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys to conduct the above described transactions. The board is authorized to obtain title insurance on property purchased if, in the opinion of the board, the best interests of the zoological district would be served.

The board may conduct research studies and programs, collect and analyze data and prepare reports, maps, charts and other information relating to the zoological park and garden, or any wild or domestic animals, or may contract for any of such services without complying with the requirements of competitive bidding.

The board may appoint an advisory committee consisting of persons who are members of zoological societies or who have shown a background or interest in such societies or zoo management.

The board may accept and use gifts, grants or contributions from any source.

The board may enact regulations governing the efficient protection of the zoological park and garden and related facilities and the conduct of persons entering therein.

The board shall comply with all state and federal laws and any rules or regulations prescribed by any agency of the state and federal government relating to the quarantine, transportation, examination, habitation, care and treatment of wild animals.

The board shall have all powers necessary or convenient to discharge the duties imposed upon it by law, and to operate the zoological park and garden in the manner which will best serve the public.

The board shall report to the governing authorities of the participating municipalities and the board of supervisors of participating counties each year on the activities of the board and the operation of the zoological park and garden. These entities shall evaluate the activities of the board and the operation of the zoological park and garden.

HISTORY: Laws, 1980, ch. 469, § 5, eff from and after July 1, 1980.

§ 55-21-11. Powers and duties of director.

Subject to the other provisions of this chapter, the director shall have the following powers and duties:

Subject to the approval of the board, the director shall organize the district zoological park and garden and provide for such officers, agents and employees necessary for the operation thereof. These positions shall be filled solely on the basis of training, experience and other qualifications in the field of zoo management.

As the executive secretary and principal administrative officer of the board, and subject to its approval, the director shall operate the district zoological park and garden and enforce all regulations and policy decisions of the board in regard thereto. He shall perform such other duties as may be directed by the board.

(i) As directed by the board, the director may establish a schedule of charges for admission to or the use of the district zoological park and garden or any related facility, except as provided in paragraph (d) of this section, provide for the sale of gifts, souvenirs, food and beverages, and grant concessions for the sale of such items. The granting of any concessions relative to food, beverages and transit shall not be subject to the competitive bidding procedures, except as provided in subparagraph (ii) of this paragraph.

In the granting of such concessions, a contract for such concessions shall be made either upon sealed bids or by direct negotiation by obtaining two (2) or more quotations for the service when possible. At least thirty (30) days before awarding a directly negotiated contract, the zoological board shall, by written published notice, request quotations for the service to be provided. All quotations obtained shall be kept on file for a period of at least one (1) year after receipt thereof. If a contract is made upon sealed bids, the procedure for advertising and awarding bids shall conform to the provisions for competitive bidding in the laws of Mississippi.

In order to encourage and permit the use of and access to the district zoological park and garden, the board shall establish an admissions policy providing for free admission to the district zoological park and garden for all visitors on certain days distributed throughout each year.

HISTORY: Laws, 1980, ch. 469, § 6, eff from and after July 1, 1980.

§ 55-21-13. Municipal contributions to districts.

Any municipality within a zoological park and garden district may contribute to such district from any available source.

HISTORY: Laws, 1980, ch. 469, § 7, eff from and after July 1, 1980.

§ 55-23-1. Legislative findings and declaration of intent.

The Legislature hereby finds and determines:

That the Fifty Cents (50¢) per ticket charge and the one-fourth (1/4) of the amusement tax provided in Section 7 of Chapter 360, Laws of 1979, as amended by Chapter 456, Laws of 1985, have been insufficient in recent years to fully provide for the payment of the principal of and interest on bonds issued under said Chapter 360; that the proceeds of the charge and tax are, upon their deposit to the Mississippi Memorial Stadium Fund, commingled with other amounts intended for the payment of stadium operating costs; that in recent years amounts intended to pay operating costs have been diverted to pay said bonds; and that the imposition of such charge and tax at current levels is causing events not to be conducted at the Mississippi Veterans Memorial Stadium, thereby jeopardizing the continued viability of said stadium; and

That it is the intent of the Legislature, by the enactment of this chapter, to provide a reasonable procedure for the payment of the bonds from the General Fund of the state, without adversely affecting the security interests of the holders of the bonds, in order to provide for the continued viability of the stadium.

HISTORY: Laws, 1989, ch. 548, § 1, eff from and after passage (approved April 19, 1989).

§ 55-23-3. Short title of Sections 55-23-3 through 55-23-11.

Sections 55-23-3 through 55-23-11 may be cited as “The Mississippi Veterans Memorial Stadium Act.”

HISTORY: Laws, 1960, ch. 390, § 1; Laws, 1989, ch. 548, § 2, eff from and after passage (approved April 19, 1989).

§ 55-23-5. Creation of Mississippi Veterans Memorial Stadium Commission; composition; qualifications, appointment, terms of office and compensation of members; officers; quorum; director.

There is hereby created a commission to be known as “The Mississippi Veterans Memorial Stadium Commission,” hereinafter sometimes referred to as the commission, which shall consist of six (6) members as follows:

One (1) member shall be appointed by the Mayor of the City of Jackson, Mississippi;

One (1) member shall be selected by the Board of Trustees of State Institutions of Higher Learning from among the membership of the board or shall be some other person designated by the board;

Two (2) members shall be appointed by the Governor from the state at large outside of Hinds County, Mississippi, and one (1) member shall be appointed by the Governor from Hinds County, Mississippi. The appointee from Hinds County may be selected from a list of three (3) persons submitted by the Hinds County Board of Supervisors to the Governor;

One (1) member shall be the President of Jackson State University, or his designee.

Terms of members shall begin on May 1, 1987, as follows: Of the members appointed by the Governor, one (1) shall serve for a term of one (1) year, one (1) for a term of two (2) years and one (1) for a term of three (3) years; the member appointed by the Mayor of the City of Jackson shall serve for a term of four (4) years; and the member representing the Board of Trustees of State Institutions of Higher Learning shall serve for a term of five (5) years. Upon the expiration of the foregoing terms, members shall serve for terms of five (5) years each. The appointing authority shall fill any vacancy in the above terms by appointment of a member for the unexpired term. Members shall be eligible for reappointment. An appointed member serving on the commission on April 30, 1987, shall be eligible for appointment to the commission for a term beginning May 1, 1987, of either one (1), two (2), three (3), four (4) or five (5) years, if such member is otherwise qualified. One (1) member of the commission appointed by the Governor shall be a person knowledgeable in marketing with at least three (3) years actual experience therein and one (1) member appointed by the Governor shall be a person of recognized ability in a trade or business with at least five (5) years actual experience therein. From and after May 1, 1987, the name of the commission shall be the “Mississippi Veterans Memorial Stadium Commission” and any references in Sections 55-23-3 through 55-23-11 to the Mississippi Memorial Stadium Commission or commission shall mean the Mississippi Veterans Memorial Stadium Commission unless the context clearly indicates a different meaning. From and after May 1, 1987, the stadium shall be known as the “Mississippi Veterans Memorial Stadium.” The commission is authorized to accept donations of money, property or services from any public or private source to accomplish any physical replacement or alterations of stadium property necessary to accomplish the renaming of the stadium.

The members of the commission shall serve without compensation except that members shall be paid their actual and necessary expenses in connection with the performance of their duties as members of the commission, including mileage, as authorized in Section 25-3-41, Mississippi Code of 1972, plus a per diem as is authorized by Section 25-3-69, Mississippi Code of 1972, while engaged in the performance of their duties. The expenses, mileage and per diem allowance shall be paid out of the Mississippi Veterans Memorial Stadium Fund.

The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman. Three (3) members of the commission shall constitute a quorum for the transaction of any and all business of the commission.

The powers of the commission shall be exercised by a majority of the members thereof, but it may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper, and may adopt rules and regulations for the conduct of its business and affairs. The commission shall contract with a certified public accounting firm to conduct audits of concession and novelty sales by vendors at the stadium. The commission shall, as far as is practicable, provide that the cost of such audits shall be paid by the vendor of such concessions or novelties, or both.

The commission shall appoint a director who shall have at least a bachelor’s degree from an accredited university or college. The director shall have the responsibility for insuring the marketing of tickets to events conducted in the stadium, in addition to such other duties as the commission may designate. Before entering upon the duties of his office, the director shall give bond to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), and said bond shall be conditioned upon the faithful discharge and performance of his official duty. The principal and surety on said bond shall be liable thereunder to the state for double the amount of value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of said director. Said bond, when approved by the commission, shall be filed with the Secretary of State, and the premium thereon shall be paid from the Mississippi Veterans Memorial Stadium Fund.

HISTORY: Laws, 1960, ch. 390, § 2; Laws, 1987, ch. 471, § 1; Laws, 1989, ch. 548, § 2; Laws, 2006, ch. 481, § 3, eff from and after passage (approved Mar. 27, 2006.).

§ 55-23-6. Transfer of operational, administrative and managing powers and duties over Mississippi Veterans Memorial Stadium to Jackson State University; transfer of certain parcels of Mississippi Veterans Memorial Stadium property.

1. From and after March 16, 2011:
   1. 1. The Department of Finance and Administration as managing agency for the Mississippi Veterans Memorial Stadium, upon consultation with Jackson State University and the Department of Health, shall transfer the operational, administrative and managing powers and duties over the Mississippi Veterans Memorial Stadium to Jackson State University, subject to an agreement reached by the Department of Finance and Administration, Jackson State University and the University of Mississippi Medical Center.
      2. The Department of Finance and Administration as managing agency for the Mississippi Veterans Memorial Stadium, upon consultation with Jackson State University, the University of Mississippi Medical Center and the Department of Health, shall transfer, the real property located in Hinds County, Mississippi, generally known as the “Mississippi Veterans Memorial Stadium Property,” being any property under the jurisdiction of the Department of Finance and Administration as of July 1, 2008, and any other state-owned property located in the area bounded on the north by Taylor Street, on the west by North West Street, on the south by Woodrow Wilson Avenue and on the east by North State Street used as part of or in connection with the Mississippi Veterans Memorial Stadium, to Jackson State University and the University of Mississippi Medical Center in accordance with the provisions of this section and Sections 55-23-8 and 55-23-9 and subject to an agreement reached by the Department of Finance and Administration, the University of Mississippi Medical Center and the developer of the property with whom the Department of Finance and Administration entered into a development lease agreement on July 13, 1993, as amended by an agreement on August 19, 1994, less and except any portion of real property excluded from the development agreement pursuant to a settlement agreement issued in the Circuit Court of Hinds County, Mississippi, on September 16, 2009, better described as Parcel B recorded in Book 4216, page 330, at Hinds County Courthouse, First Judicial District, Jackson, Mississippi;
   2. 1. The property that is the subject of the development agreement entered into on July 13, 1993, as amended by an agreement on August 19, 1994, less and except any portion of real property excluded from the development agreement pursuant to a settlement agreement issued in the Circuit Court of Hinds County, Mississippi, on September 16, 2009, better described as Parcel B recorded in Book 4216, page 330, at Hinds County Courthouse, First Judicial District, Jackson, Mississippi, shall be transferred to the University of Mississippi Medical Center;
      2. The remainder of the Mississippi Veterans Memorial Stadium Property shall be transferred from the Department of Finance and Administration to Jackson State University, until such time as Jackson State University relocates its home football games to another venue. Once Jackson State University relocates its home football games to another venue, the portion of Mississippi Veterans Memorial Stadium Property conveyed to Jackson State University under this subsection (1) shall be transferred to the University of Mississippi Medical Center. From and after March 16, 2011, and at the point Jackson State University assumes possession of an operation of the real property transferred in this paragraph, Jackson State University shall have a three-year option to transfer said property back to the State of Mississippi;
   3. All necessary records, property, funds and other assets of the Mississippi Veterans Memorial Stadium shall be transferred from the Department of Finance and Administration to Jackson State University and/or the University of Mississippi Medical Center as applicable, in proportion to the interests that each such entity retains in the real property transferred under paragraphs (a) and (b) of this subsection; and
   4. Unless otherwise provided in the provisions of this section and Sections 55-23-8 and 55-23-9, any personal service, management or other contracts of like nature entered into by the Department of Finance and Administration, as such may apply to the properties transferred under paragraphs (a) and (b) of this subsection, shall be transferred to, acknowledged and complied with by Jackson State University and the University of Mississippi Medical Center as applicable to the interests that each such entity retains in the real property transferred under paragraphs (a) and (b) of this subsection.
2. Any agreement reached by the Department of Finance and Administration, the University of Mississippi Medical Center and the current developer shall comply with all requirements of this section and Sections 55-23-8 and 55-23-9.
3. From and after March 16, 2011, wherever the term “Department of Finance and Administration,” the term “Mississippi Veterans Memorial Stadium Commission” or the term “commission,” when referring to the Mississippi Veterans Memorial Stadium Commission, appears in the laws of the state, the terms shall mean “Jackson State University” or the “University of Mississippi Medical Center,” which shall be applicable to the interests that each such entity retains in the property transferred under subsection (1)(b) as stipulated in any agreement entered into by the Department of Finance and Administration, Jackson State University, the University of Mississippi Medical Center and the developer of the property for the transfer of such property and the administration and operations relating thereto.

HISTORY: Laws, 2007, ch. 605, § 3; Laws, 2008, ch. 500, § 1; Laws, 2011, ch. 426, § 1, eff from and after July 1, 2011.

§ 55-23-7. Construction, renovation, repair and reconstruction of facilities and property of stadium.

Any construction, renovation, repair and reconstruction to the facilities and property of the Mississippi Veterans Memorial Stadium shall be carried on under the direction of the commission, which is authorized to make and enter into such contracts, agreements and undertakings as may be necessary to effect this purpose. The commission may take any action authorized in Section 55-23-8, relating to the facilities and property of the Mississippi Veterans Memorial Stadium.

HISTORY: Laws, 1960, ch. 390, § 3; Laws, 1989, ch. 548, § 2; Laws, 1990, ch. 312, § 2; Laws, 2001, ch. 602, § 2, eff from and after passage (approved Apr. 16, 2001.).

§ 55-23-8. Lease of Mississippi Veterans Memorial Stadium property; compliance with existing lease agreements by Jackson State University and University of Mississippi Medical Center.

1. Jackson State University and the University of Mississippi Medical Center shall comply fully with the terms of any lease agreement entered into by the Department of Finance and Administration with any public or private entity for that portion of the Mississippi Veterans Memorial Stadium Property transferred to and under its jurisdiction as provided in Section 55-23-6, including the existing lease agreement between the Department of Finance and Administration and the University of Mississippi Medical Center entered into on February 23, 2009, as amended from time to time, unless and except that public or private entity breaches the terms of the lease agreement or defaults on lease payments or upon an agreement of the parties to terminate.
2. The University of Mississippi Medical Center may enter into agreements with any developer for the property conveyed to the University of Mississippi Medical Center under Section 55-23-6, or any lessee or lessees (or any designee of any such lessee or lessees), which agreements may extend over any period of time not exceeding the term of such lease (including renewals and extensions), pursuant to which the state shall be obligated to purchase contractual rights and/or improvements constructed on such property and/or any residual rights in connection with such improvements upon terms and for a purchase price, not to exceed Ten Million Dollars ($10,000,000.00).
3. The University of Mississippi Medical Center, in its discretion, is authorized to enter into all other agreements as may be necessary or appropriate in connection with any financing by any lessee or lessees (or any designee of any such lessee or lessees) of any improvements to be constructed on property leased from the University of Mississippi Medical Center.
4. Any lease, renewal thereof, or other agreement entered into by the University of Mississippi Medical Center under this section shall not be valid unless approved by the Board of Trustees of State Institutions of Higher Learning.
5. Any lessee or lessees (or any designee of any such lessee or lessees) of property leased from the University of Mississippi Medical Center under this section shall not be considered as being the state, any political subdivision of the state or any officer or servant of the state for the purposes of any liability that may be waived under Section 11-46-1 et seq.
6. The University of Mississippi Medical Center, or the Department of Finance and Administration, acting on behalf of the state or any state agency, is authorized to perform any additional steps and necessary duties to fully implement the provisions of this section and Sections 55-23-6 and 55-23-9, as the exercise of such authority relates to the negotiation or renegotiation of certain leases or acquiring rights in any property under any existing lease with the Department of Finance and Administration.
7. In addition to the requirement imposed upon the University of Mississippi Medical Center and Jackson State University to fully comply with the terms of all lease agreements entered into concerning the “Mississippi Veterans Memorial Stadium Property,” the process of eminent domain shall not be used to acquire possession of any property interest leased under the provision of any existing development lease entered into on the property at anytime before the expiration of the term of the original lease or any amendment made thereto.

HISTORY: Laws, 2001, ch. 602, § 1; Laws, 2007, ch. 605, § 1; Laws, 2008, ch. 500, § 2; Laws, 2011, ch. 426, § 2, eff from and after July 1, 2011.

§ 55-23-9. Possession, operation, maintenance, and improvement of stadium by Jackson State University; existing contracts to be transferred to, acknowledged and complied with by Jackson State University; monies and revenues to be retained by Jackson State University; form for tickets.

Jackson State University shall acquire possession of, operate, maintain and improve the Mississippi Veterans Memorial Stadium until such time that Jackson State University relocates its home football games to another venue, in accordance with the provisions of this section and Sections 55-23-6 and 55-23-8. Jackson State University shall employ such agents and employees as may be required in connection therewith. All personnel of the Mississippi Veterans Memorial Stadium Commission shall be transferred from the Department of Finance and Administration to Jackson State University. Jackson State University may enter into contracts for the use of the stadium, and fix the amount of the compensation therefor, and collect the same when due.

Any personal service, management or other contracts of like nature entered into by the Department of Finance and Administration that are applicable to the Mississippi Veterans Memorial Stadium, in whole or in part, shall be transferred to, acknowledged and complied with by Jackson State University for the term of such contracts.

All monies and revenues, including the amusement tax imposed upon the sale of tickets for admission to the stadium, and all other events on stadium property designated for Jackson State University and all monies arising from other use of stadium property, including that realized from the sale of concessions, shall be retained by Jackson State University for the operation, maintenance and improvements to the Mississippi Veterans Memorial Stadium and for the support of intercollegiate athletics at such university. Jackson State University shall seek appropriate state funding through the Department of Finance and Administration for completion by the Bureau of Building, Grounds and Real Property for all expenses incident to the necessary safety, repairs and renovations as determined by the Department of Finance and Administration to the Mississippi Veterans Memorial Stadium.

All tickets sold to an event conducted in the Mississippi Veterans Memorial Stadium shall have printed in an appropriate and prominent place thereon the words A.C. “Butch” Lambert Field.

HISTORY: Laws, 1960, ch. 390, § 4; Laws, 1989, ch. 548, § 2; Laws, 1990, ch. 312, § 3; Laws, 2001, ch. 602, § 3; Laws, 2011, ch. 426, § 3, eff from and after July 1, 2011.

§ 55-23-11. Promulgation of rules and regulations governing use of lands and facilities.

The commission shall promulgate rules and regulations governing the use of the lands and facilities under its supervision. The commission may take any action authorized in Section 55-23-8, relating to the property described in such section.

HISTORY: Laws, 1960, ch. 390, § 5; Laws, 1989, ch. 548, § 2; Laws, 1991, ch. 487, § 1; Laws, 1996, ch. 552, § 1; Laws, 2001, ch. 602, § 4, eff from and after passage (approved Apr. 16, 2001.).

§ 55-23-13. Maintenance of stadium driveways.

The State Highway Department is hereby authorized and empowered to maintain the driveways which lead to the Mississippi Veterans Memorial Stadium and are a part of the state-owned real property under the jurisdiction of the Mississippi Veterans Memorial Stadium Commission. In carrying out this section, the department is authorized to use its personnel, funds, equipment and machinery, and it may accept donations of funds from said commission, the City of Jackson, and Hinds County, which funds are hereby authorized to be expended, and other grants and bequests for carrying out the provisions of this section.

HISTORY: Laws, 1968, ch. 454, § 1; Laws, 1989, ch. 548, § 3, eff from and after passage (approved April 19, 1989).

§ 55-23-15. Use of state-owned lands for public parking facilities.

The Mississippi Veterans Memorial Stadium Commission is hereby authorized to utilize certain state-owned land in Hinds County bounded on the east by North State Street, on the north by Taylor Street, on the west by North West Street, and on the south by a street or driveway known as Stadium Drive as a public parking facility establishing reasonable rules and regulations connected with the operation of such a facility, including fees for the privilege of parking. The parking facilities shall not be extended any farther to the east than as the facilities existed on January 1, 1996. Further, the portion of the property described in this section, except the property west of the stadium between the stadium and North West Street, that was undeveloped as of January 1, 1996, shall remain undeveloped unless the Legislature enacts legislation approving the development of such property. The portion of the property described in this section that is west of the stadium between the stadium and North West Street may be developed to provide parking facilities for the Mississippi Department of Transportation offices located on North West Street. The Mississippi Veterans Memorial Stadium Commission may take any action authorized in Section 55-23-8 relating to the property described in such section.

The Mississippi Veterans Memorial Stadium Commission is authorized to lease such property to the Mississippi Transportation Commission for parking facilities for Department of Transportation offices, notwithstanding the time limitation on leases or other agreements provided in Section 55-23-8(9).

HISTORY: Laws, 1973, ch. 440, § 1; Laws, 1989, ch. 548, § 4; Laws, 1996, ch. 552, § 2; Laws, 2001, ch. 602, § 5; Laws, 2004, ch. 328, § 1, eff from and after passage (approved Apr. 12, 2004.).

§ 55-23-17. Penalties.

The commission is authorized to establish penalties for tow-away or impoundment charges for individual or corporate owners of vehicles violating such rules and regulations; and such other general rules and regulations as may be reasonably necessary.

HISTORY: Laws, 1973, ch. 440, § 2; Laws, 1989, ch. 548, § 4, eff from and after passage (approved April 19, 1989).

§ 55-23-19. Maintenance of parking facilities; exemption from fees.

Prior to July 1, 1989, the commission shall contract with the University of Mississippi Medical Center for provision by the medical center of funds in an amount reasonable and necessary to provide the following maintenance of parking facilities at the stadium:

Adequate lighting;

Routine care of the parking surface;

Long-term resurfacing of any parking area utilized by medical center employees, students and patients; and

Security.

In consideration of the funds provided by the medical center, the University of Mississippi Medical Center students, employees, patients and visitors, and all other state employees, will be exempt from payment of any fees imposed by the commission for the use of the parking facilities at the Mississippi Veterans Memorial Stadium when there are no special events being held on the stadium grounds.

HISTORY: Laws, 1973, ch. 440, § 3; Laws, 1989, ch. 548, § 4, eff from and after passage (approved April 19, 1989).

§ 55-23-21. Enlargement and renovation of stadium generally; public parking facilities.

The Building Commission is hereby authorized and empowered, in addition to all other powers and duties of such commission, to enlarge and renovate the Mississippi Veterans Memorial Stadium in order to provide for a modern stadium having a seating capacity of approximately sixty-two thousand seven hundred thirty-one (62,731) persons, such authority to be conditioned upon a contribution by Hinds County, Mississippi, to the Building Commission of a sum of One Million Dollars ($1,000,000.00) for such enlargement and renovation. The parking facilities shall not be extended any farther to the east than as the facilities existed on January 1, 1996. Further, the portion of the state-owned property on which the stadium and parking facilities are located, except the property west of the stadium between the stadium and North West Street, that was undeveloped as of January 1, 1996, shall remain undeveloped unless the Legislature enacts legislation approving the development of such property. The portion of the state-owned property on which the stadium is located that is west of the stadium between the stadium and North West Street may be developed to provide parking facilities for the Mississippi Department of Transportation offices located on North West Street. The Mississippi Veterans Memorial Stadium Commission may take any action authorized in Section 55-23-8, relating to the property described in such section.

HISTORY: Laws, 1979, ch. 360, § 1; Laws, 1989, ch. 548, § 5; Laws, 1996, ch. 552, § 3; Laws, 2001, ch. 602, § 6, eff from and after passage (approved Apr. 16, 2001.).

§ 55-23-23. Contribution by Hinds County to enlargement and renovation of stadium.

In keeping with the purposes of Sections 55-23-21 through 55-23-43, the Board of Supervisors of Hinds County, Mississippi, is authorized and empowered, in its discretion, to transfer and deliver to the Building Commission a sum of One Million Dollars ($1,000,000.00) out of any funds on hand or received by Hinds County.

When such funds are received by the Building Commission, they shall be deposited at interest in banks located in Hinds County according to the same formula used for the investment of excess state funds, and all interest accruing as a result thereof shall be returned to the Board of Supervisors of Hinds County.

HISTORY: Laws, 1979, ch. 360, § 2; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-25. Issuance of bonds for enlargement and renovation of stadium; amount of bond issue; payment of principal and interest on bonds; details and execution of bonds.

Upon receipt of a sum of One Million Dollars ($1,000,000.00) from the Board of Supervisors of Hinds County, the Building Commission is authorized at one (1) time or from time to time to petition by resolution to the State Bond Commission for the issuance of negotiable bonds of the State of Mississippi by the State Bond Commission to provide funds for the purpose of paying all or any part of the cost of enlarging and renovating the Mississippi Veterans Memorial Stadium in accordance with the provisions of Sections 55-23-21 through 55-23-43. The amounts of bonds issued shall not exceed an aggregate sum of Three Million Dollars ($3,000,000.00).

The principal of and the interest on such bonds shall be payable from the Mississippi Veterans Memorial Stadium Bond Sinking Fund, hereby created in the State Treasury, in the manner hereinafter set forth. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission. Provided, however, that such bonds shall mature or otherwise be retired in annual installments beginning not more than five (5) years from date thereof and extending not more than twenty-five (25) years from date thereof. Such bonds shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds, who were in the office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.

HISTORY: Laws, 1979, ch. 360, § 3; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-27. Negotiability of bonds; exemption from taxation.

All bonds and interest coupons issued under the provisions of Sections 55-23-21 through 55-23-43 shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by Sections 55-23-21 through 55-23-43, the board and/or State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Laws, 1979, ch. 360, § 4; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-29. Sale of bonds; interest on bonds; redemption of bonds.

The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. All bonds shall bear interest at such rate or rates not exceeding seven percent (7%) per annum. All interest accruing on such bonds so issued shall be payable semiannually or annually.

No interest payment due on any bond shall be evidenced by more than one (1) coupon and supplemental coupons will not be permitted; the difference between the highest rate of interest specified for any bond issue shall not exceed the lowest rate of interest specified for the same bond issue by more than one and one-fourth percent (1-1/4 %).

Each interest rate specified in any bid must be in a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named.

Notice of the sale of any such bonds shall be published at least one (1) time, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals with a large national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 55-23-21 through 55-23-43, shall provide that bonds maturing eleven (11) or more years after the date of the issuance of such bonds may, at the option of the State of Mississippi, be called in for payment and redemption in reverse numerical order at the call price named therein and accrued interest, or on the tenth anniversary of the date of issue, or on any interest payment date thereafter prior to maturity.

HISTORY: Laws, 1979, ch. 360, § 5; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-31. Security for payment of bonds.

The bonds issued under the provisions of Sections 55-23-21 through 55-23-43 shall be payable from the Mississippi Veterans Memorial Stadium Bond Sinking Fund and shall be the general obligations of the State of Mississippi and backed by the full faith and credit of the State of Mississippi, and if the funds available in the Mississippi Veterans Memorial Stadium Bond Sinking Fund be insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.

HISTORY: Laws, 1979, ch. 360, § 6; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-33. Surcharge on stadium ticket prices for payment of bonds; use of portion of amusement sales tax for payment of bonds; university share of stadium revenues.

1. An additional charge of Fifty Cents (50¢) per ticket is hereby imposed upon every ticket which is sold (a) to an event conducted in the Mississippi Veterans Memorial Stadium in which there participates any team of a university which is a member of the National Collegiate Athletic Association with the exception of a university located in Hinds County, in which case an additional charge of Twenty-five Cents (25¢) per ticket shall be imposed, and (b) to any event in which there participates a professional team or in which the entertainers, performers or other participants are professionals. The funds derived from this additional charge shall be paid by the Stadium Commission to the State Treasurer to be deposited in the Mississippi Memorial Stadium Fund and are specifically reserved and dedicated for the payment of the principal of and the interest on bonds issued under the provisions of Sections 55-23-21 through 55-23-43 to enlarge and renovate the Mississippi Memorial Stadium. Upon a determination by the State Treasurer, the additional charge provided by this subsection may cease to be imposed when the other revenue pledged out of the Mississippi Memorial Stadium Fund to retire the bonds is at least one and one tenth (1.1) times the annual debt service plus the obligation to Hinds County or when the fund contains an amount sufficient to retire the amount of bonds then outstanding plus the obligation to Hinds County. If the charge ceases to be imposed as hereinbefore provided and revenues pledged out of the Mississippi Memorial Stadium Fund to retire the bonds fall below one (1.0) times the annual debt service plus the obligation to Hinds County, then at that time the State Treasurer shall notify the Stadium Commission and the charge shall be restored.
2. Forty-two percent (42%) of the tax levied pursuant to Section 27-65-22, Mississippi Code of 1972, on gross revenue derived from the sale of admission to events conducted in the Mississippi Veterans Memorial Stadium, which is deposited in the Mississippi Memorial Stadium Fund, is hereby specifically reserved and dedicated for the payment of the principal of and the interest on bonds issued under the provisions of Sections 55-23-21 through 55-23-43 and repayment of the contribution of Hinds County to enlarge and renovate the Mississippi Veterans Memorial Stadium.
3. It is the intent of the Legislature that a university’s share in revenue derived from events conducted at Mississippi Veterans Memorial Stadium not be reduced as a result of the enactment of this section; and, to that end, any proceeds derived from an event at the Mississippi Veterans Memorial Stadium to which a university is entitled shall not be less than that share to which it would otherwise have been entitled prior to the effective date of Sections 55-23-21 through 55-23-43.
4. Notwithstanding the provisions of subsections (1) and (2) of this section, on and after April 19, 1989, the imposition and deposit of the additional per ticket charge described in subsection (1) of this section and the diversion of the portion of the tax described in subsection (2) of this section shall each be suspended so long as not less than thirty (30) days prior to the first day of each fiscal year of the State of Mississippi either (a) the Legislature has theretofore appropriated for deposit to the Mississippi Veterans Memorial Bond Sinking Fund an amount of moneys from any source sufficient to fully pay in a timely manner all of the principal and interest scheduled to become due in such fiscal year on all bonds theretofore issued and then outstanding under the provisions of Sections 55-23-21 through 55-23-43, plus an amount sufficient to pay all then overdue and unpaid installments of principal and interest on such bonds, if any, or (b) the amount on deposit in the Mississippi Veterans Memorial Stadium Bond Sinking Fund shall be sufficient to fully pay in a timely manner all of the principal and interest scheduled to become due prior to such fiscal year on all bonds theretofore issued and then outstanding under the provisions of Sections 55-23-21 through 55-23-43, plus all of the principal and interest scheduled to become due in such fiscal year on all such bonds, plus an amount sufficient to pay all then overdue and unpaid installments of principal and interest on such bonds, if any. Whenever the State Treasurer shall determine that the conditions of the aforesaid suspensions have not or will not be satisfied as provided in the immediately preceding sentence, the State Treasurer shall notify all appropriate state officials of the same and the imposition and deposit of said additional per ticket charge under subsection (1) of this section and the diversion of said portion of the tax under subsection (2) of this section, each to the Mississippi Veterans Memorial Stadium Bond Sinking Fund, shall be automatically and immediately restored.

HISTORY: Laws, 1979, ch. 360, § 7; Laws, 1985, ch. 456; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-35. Repayment of contribution of Hinds County.

1. It is the intent of the Legislature that Hinds County, Mississippi, be fully reimbursed for the amount of money contributed by it to the enlargement and renovation of Mississippi Veterans Memorial Stadium. To that end, the State Treasurer shall pay to the county out of any excess in the Mississippi Veterans Memorial Stadium Bond Sinking Fund not necessary to pay the debt service on bonds issued pursuant to Sections 55-23-21 through 55-23-43 an amount not to exceed Fifty Thousand Dollars ($50,000.00) per year or, in his discretion, a greater sum which will expedite such repayment provided the revenue paid into the fund exceeds that projected at the time of passage of Sections 55-23-21 through 55-23-43; provided, however, the percentage of money paid Hinds County shall not exceed the percentage of the state obligation which has been paid. In the event the state refunds bonds issued under Sections 55-23-21 through 55-23-43, the obligation created hereunder to Hinds County shall not be construed to impair such refunding issue but shall be a continuing subordinate obligation of the state until its repayment is effected.
2. Notwithstanding the provisions of subsection (1) to the contrary, the Board of Supervisors of Hinds County may forgive and cancel all or any portion of such obligation of the commission or the State of Mississippi incurred pursuant to Sections 55-23-21 through 55-23-43, by resolution duly entered at any regular meeting to be held, or previously held, in calendar year 1989. However, if the Mississippi Veterans Memorial Stadium is sold, or any interest in same is permanently conveyed by the State of Mississippi, then Hinds County shall be paid all sums which were previously forgiven or cancelled by Hinds County in accordance with subsection (1) of this section.

HISTORY: Laws, 1979, ch. 360, § 8; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-37. Issuance of warrants for payment of bonds.

The State Treasurer is hereby authorized, without further process of law, to certify to the State Fiscal Management Board the necessity for warrants, and the State Fiscal Management Board is hereby authorized and directed to issue such warrants payable out of the Mississippi Veterans Memorial Stadium Bond Sinking Fund authorized by Sections 55-23-21 through 55-23-43 for such purpose, in such amounts as may be necessary to pay when due the principal of and interest on all bonds issued under the provisions of Sections 55-23-21 through 55-23-43; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of said bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

HISTORY: Laws, 1979, ch. 360, § 9; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-39. Proceedings for issuance of bonds; validation of bonds.

Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by Sections 55-23-21 through 55-23-43. Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 55-23-21 through 55-23-43 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.

The bonds authorized under the authority of Sections 55-23-21 through 55-23-43 may be validated in the Chancery Court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The necessary papers for such validation proceedings shall be transmitted to the State Bond Commission, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.

HISTORY: Laws, 1979, ch. 360, § 10; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-41. Mississippi Memorial Stadium Construction Fund; use of Hinds County funds.

The proceeds of the bonds authorized in Sections 55-23-21 through 55-23-43 and funds appropriated for the enlargement and renovation of the Mississippi Veterans Memorial Stadium, including the funds to be supplied by Hinds County and also including funds from any and all other sources set aside for such enlargement and renovation by the Building Commission shall be used for the purpose of enlarging and renovating all physical components which make up the Mississippi Veterans Memorial Stadium and, except for the funds contributed by Hinds County, shall be deposited in the Mississippi Memorial Stadium Construction Fund, hereby created in the State Treasury. The funds contributed by Hinds County shall be deposited as provided in Section 55-23-23. To that end the commission is hereby authorized and empowered to make and enter into such contracts and execute such instruments containing such reasonably appropriate terms and conditions as, in its discretion, it may deem necessary, proper or advisable for the purpose of carrying out the terms of Sections 55-23-21 through 55-23-43, including the acceptance of that proportion of the cost of improvements required by the terms of Sections 55-23-21 through 55-23-43 to be contributed by Hinds County. Any funds received by the Mississippi Veterans Memorial Stadium Commission under Section 55-23-8, may be used for any purpose authorized in this section or Section 55-23-8, or both.

HISTORY: Laws, 1979, ch. 360, § 11; Laws, 1989, ch. 548, § 5; Laws, 2001, ch. 602, § 7, eff from and after passage (approved Apr. 16, 2001.).

§ 55-23-43. Employment of architects, engineers, etc.; letting of contracts; payment of stadium enlargement and renovation expenses pursuant to Sections 55-23-21 through 55-23-43.

The Building Commission may employ competent architects, engineers and other qualified agents to prepare plans, specifications and such other data as may be necessary to enable it to carry out the purposes of Sections 55-23-21 through 55-23-43 in a manner consistent with sound construction principles. When the plans and specifications have been approved and accepted by the Building Commission, contracts for the various phases of construction shall then be let by the Building Commission in the manner provided by law to competent and responsible firms or individuals whose work shall proceed under the constant inspection of a reliable and competent inspector to be furnished for that purpose by the State Building Commission. All expenses incurred in the enlargement and renovation under the provisions of Sections 55-23-21 through 55-23-43 shall be paid from the Mississippi Memorial Stadium Construction Fund created herein. The Mississippi Veterans Memorial Stadium Commission may take any action authorized in Section 55-23-8, relating to the property described in such section.

HISTORY: Laws, 1979, ch. 360, § 12; Laws, 1989, ch. 548, § 5; Laws, 2001, ch. 602, § 8, eff from and after passage (approved Apr. 16, 2001.).

§ 55-23-45. Authorization of repair, remodeling and enlargement of stadium; public parking facilities.

The Building Commission is hereby authorized and empowered to repair and remodel the Mississippi Veterans Memorial Stadium and, notwithstanding the seating capacity limitations set out in Sections 55-23-21 through 55-23-43, to enlarge said stadium as funds become available for said purpose. The parking facilities shall not be extended any farther to the east than as the facilities existed on January 1, 1996. Further, the portion of the state-owned property on which the stadium and parking facilities are located, except the property west of the stadium between the stadium and North West Street, that was undeveloped as of January 1, 1996, shall remain undeveloped unless the Legislature enacts legislation approving the development of such property. The portion of state-owned property on which the stadium is located that is west of the stadium between the stadium and North West Street may be developed to provide parking facilities for the Mississippi Department of Transportation offices located on North West Street. The Mississippi Veterans Memorial Stadium Commission may take any action authorized in Section 55-23-8, relating to the property described in such section.

HISTORY: Laws, 1974, ch. 534, § 1; Laws, 1979, ch. 360, § 13; Laws, 1989, ch. 548, § 5; Laws, 1996, ch. 552, § 4; Laws, 2001, ch. 602, § 9, eff from and after passage (approved Apr. 16, 2001.).

§ 55-23-47. Provisions governing repair, remodeling and enlargement of stadium.

The repairing, remodeling and enlarging of the Mississippi Memorial Stadium shall be carried on throughout in accordance with the provisions of Section 12, Chapter 390, Laws of 1960.

HISTORY: Laws, 1974, ch. 534, § 2; Laws, 1979, ch. 360, § 13; Laws, 1989, ch. 548, § 5, eff from and after passage (approved April 19, 1989).

§ 55-23-49. Funding of repair, remodeling and enlargement of stadium.

The cost of repairing, remodeling and enlarging the Mississippi Veterans Memorial Stadium shall be paid from any funds appropriated by the Legislature for such purposes, or from the sale of revenue bonds or general obligation bonds issued for this purpose, as may be hereafter authorized by the Legislature. The costs of construction of improvements made under Section 55-23-8, may be paid from any funds provided under this section or Section 55-23-8, or both.

HISTORY: Laws, 1974, ch. 534, § 3; Laws, 1979, ch. 360, § 13; Laws, 1989, ch. 548, § 5; Laws, 2001, ch. 602, § 10, eff from and after passage (approved Apr. 16, 2001.).

§ 55-23-51. Designation of athletic field as “A.C. (Butch) Lambert Field.”

The athletic field at the Mississippi Veterans Memorial Stadium in Jackson, Mississippi, shall be named the “A.C. (Butch) Lambert Field.” The Mississippi Veterans Memorial Stadium Commission shall erect appropriate signs and markers at the stadium to indicate the name of the field.

HISTORY: Laws, 1985, ch. 301, § 1; Laws, 1989, ch. 548, § 6, eff from and after passage (approved April 19, 1989).

§ 55-23-53. Scheduling of football games at stadium.

Prior to January 1, 1990, the Board of Trustees of State Institutions of Higher Learning shall develop a proposal to encourage scheduling of football games by Mississippi universities in the Mississippi Veterans Memorial Stadium, which scheduling will acknowledge the obligation of such universities to support the enlarged stadium, the expansion of which was encouraged by such universities.

HISTORY: Laws, 1989, ch. 548, § 9, eff from and after passage (approved April 19, 1989).

§ 55-24-1. Mississippi Coast Coliseum Commission created.

There is created a Mississippi Coast Coliseum Commission to be composed of seven (7) members to be constituted and appointed as provided in Section 55-24-3. For the purposes of this chapter and unless otherwise required by the context, the word “commission” shall mean the Mississippi Coast Coliseum Commission.

HISTORY: Laws, 1968, ch. 530, § 1; Laws, 1972, ch. 435, § 1; Laws, 2008, ch. 534, § 1, eff from and after July 1, 2008.

§ 55-24-3. Terms of office.

1. The Mississippi Coast Coliseum Commission shall consist of seven (7) members, who shall be appointed, qualify and take office within thirty (30) days of July 1, 2016. Five (5) commissioners shall be appointed by the Harrison County Board of Supervisors, with each member of the board to appoint one (1) person to the commission, who shall be a resident of Harrison County. Each commissioner shall serve at the will and pleasure of the board of supervisors and removed by a majority vote of the board of supervisors. The term of each commissioner shall run concurrently with the member of the board of supervisors who appointed him or her, unless such commissioner is otherwise replaced or removed by a majority vote of the board of supervisors. Two (2) members, one (1) from each judicial district in Harrison County, shall be appointed by consensus of the elected mayors of the municipalities from that judicial district within Harrison County, and such members shall be residents of Harrison County and shall serve at the will and pleasure of such mayors and shall have terms that run concurrently with the term of office of such mayors elected at a general municipal election, unless such commissioners are replaced or removed by such mayors. From and after July 1, 2016, the Executive Director of the Mississippi Gulf Coast Region Convention and Visitors Bureau shall be an ex officio nonvoting member of the commission.
2. In addition to the fact that each commissioner serves at the will and pleasure of the appointing elected official(s), as described in subsection (1) of this section, any member may be disqualified and removed from office for any one (1) of the following reasons:
   1. Conviction of a felony;
   2. Failure to attend three (3) consecutive meetings without just cause.
3. If a commission member is removed for one (1) of the above reasons, the vacancy shall be filled in the manner prescribed in this section.
4. Vacancies which shall occur shall be filled in the same manner as the original appointments and shall be made for the unexpired term unless the person is otherwise removed, as provided in subsection (1) of this section.
5. In making appointments to the commission, the appointing authorities should consider persons who are community leaders and/or are representative of fields such as the hotel/motel business, large business, small business, the food and beverage industry and large facility operation or commercial real estate.

HISTORY: Laws, 1968, ch. 530, § 2; Laws, 1972, ch. 435, § 1; Laws, 2008, ch. 534, § 2; Laws, 2016, ch. 489, § 1, eff from and after July 1, 2016.

§ 55-24-5. Qualification, oath and bond.

Before entering upon the duties of the office, each appointed member of the Mississippi Coast Coliseum Commission shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall enter into and give bond to be approved by the Secretary of State of the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00) conditioned upon the faithful performance of his duties. Such bond shall be payable to the State of Mississippi, and in the event of a breach thereof, suit may be brought by the State of Mississippi for the benefit of the Mississippi Coast Coliseum Commission.

HISTORY: Laws, 1968, ch. 530, § 3; Laws, 1972, ch. 435, § 1, eff from and after passage (approved May 2, 1972).

§ 55-24-7. Organization; meetings; quorum; office supplies.

After the members of the Mississippi Coast Coliseum Commission have been appointed and qualified as set forth in Section 55-24-3 et seq., they shall meet, on or before August 19, 2016, at quarters provided for them by Harrison County after giving not less than ten (10) days’ notice of the time and place of such meeting by registered mail, postage prepaid and electronic mail directed to each appointed member of such commission as provided to the Secretary of State at the time of his qualification, and posting bond. At such meeting a quorum shall be four (4) commissioners, and a majority of those members attending shall elect a president and secretary, both of whom shall be members of said commission, and adopt such rules and regulations as may govern the time and place for holding subsequent meetings, regular and special, and other rules and regulations not inconsistent with the provisions of this chapter.

The commission is further authorized to obtain office equipment, supplies, furniture, furnishings, equipment, and other facilities necessary to administer the affairs and duties of the commission.

HISTORY: Laws, 1968, ch. 530, § 4; Laws, 1972, ch. 435, § 1; Laws, 2008, ch. 534, § 3; Laws, 2016, ch. 489, § 2, eff from and after July 1, 2016.

§ 55-24-9. Powers of the Mississippi Coast Coliseum Commission.

The Mississippi Coast Coliseum Commission, a political subdivision of the State of Mississippi, shall have jurisdiction and authority over matters relating to promoting, developing, maintaining and operating a multipurpose coliseum and related facilities within Harrison County, Mississippi. Multipurpose coliseum and related facilities shall include a multipurpose coliseum or arena facility, a convention center and facility grounds, as well as any lands purchased by or on the behalf of the commission. From and after July 1, 2016, any development and/or any land acquired by or on behalf of the commission, shall be subject to the Land Development Ordinances of the City of Biloxi. Such commission is authorized to acquire lands by purchase, gift or the exercise of eminent domain as provided by Section 11-27-1 et seq., above or below mean high-water mark subject to the approval of the Harrison County Board of Supervisors. The acquisition of lands below mean high-water mark by the commission for the purposes authorized herein are declared to be in all respects for the benefit of the people of the State of Mississippi, a public purpose, and an essential governmental function in the exercise of the powers conferred upon them by such act.

The commission, acting on behalf of the State of Mississippi, shall have the right to reclaim submerged lands for the purpose of constructing a multipurpose coliseum and related facilities, and to acquire in its name on behalf of the state any estate or property right therein or in other land necessary to the purpose of this chapter by purchase, gift, deed or other transfer, subject to the approval of the Harrison County Board of Supervisors. Title to all oil, gas and other minerals in, on or under any lands, title to which is held by the State of Mississippi on August 8, 1968, shall be reserved unto the State of Mississippi, and all income derived from the sale or lease of such minerals shall inure to the benefit of the State of Mississippi for such purposes as the Legislature may direct. Provided, that prior to utilization of lands in which title vests in the State of Mississippi, a description of such land shall be submitted to the Department of Finance and Administration and said utilization shall not be commenced until or unless approval of such utilization is given by the Department of Finance and Administration.

The commission is authorized to own, furnish, equip and operate the multipurpose coliseum and facilities and equipment necessary or useful in the operation of such multipurpose coliseum and related facilities; to receive and expend, subject to the provisions of this chapter and the approval of the commission’s annual budget by the Harrison County Board of Supervisors, revenues from any source, including the operation of the multipurpose coliseum and related facilities; and to do all other things necessary to carry out the purposes of this chapter.

The commission is authorized and directed to adopt uniform rules and regulations regarding the granting of contracts that are less than one hundred eighty (180) days for franchises, licenses, contracts or lease agreements, or the granting of contracts that are less than one hundred eighty (180) days for the use, operation and maintenance of the premises, and to publish the uniform rules and regulations for three (3) consecutive weeks in a newspaper having a general circulation in the county and fixing a time and place not more than ten (10) days after the last publication to receive and hear objections to such rules and regulations. The commission shall also publish such information on commission and county websites during the same time period as the newspaper publication. In addition, a copy of such rules and regulations or any revisions or amendments thereto shall be filed with the Clerk of the Harrison County Board of Supervisors. The commission may revise or amend such rules and regulations but such revisions shall be uniform and shall not be adopted unless the commission shall publish the proposed change and hold a public hearing as required by this section.

Before any contract that is more than one hundred eighty (180) days for a franchise, license, contract or lease agreement may be granted, the commission shall notify the Harrison County Board of Supervisors and publish its intent to grant such franchise, license, contract or lease agreement and the conditions upon which same shall be granted. Such publication shall be made for three (3) consecutive weeks in a newspaper having a general circulation in Harrison County. Such publication shall also be made on the commission and county websites during the same time period as the newspaper publication. All bids received shall be sealed, and shall be opened at a date, time and place set forth in the publications, which date shall not be less than five (5) days nor more than ten (10) days after the last day of such publications.

Unless the commission shall find that the successful bidder cannot demonstrate financial responsibility to comply with the terms and conditions of the franchise, license, contract or lease agreement or cannot perform the services required thereunder, it shall, subject to the limitations set forth under this chapter, recommend the granting of the franchise, license, contract or lease agreement to the bidder whose proposal shall be in the best financial interest of the commission.

Any person aggrieved by any action of the commission may appeal to the Circuit Court of Harrison County in the manner provided for appeals from orders of the board of supervisors.

The commission is granted the power to sue and be sued in its own name, and the commission is authorized to take liability insurance on the operation of the facilities in an amount equal to the extent of its liability for claims or causes of action arising from acts or omissions as provided in Section 11-46-15; provided, however, that immunity from suit is only waived to the extent of such liability insurance carried, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance. No attempt shall be made in the trial of any case to suggest the existence of any insurance which covers in whole or in part any judgment or award rendered in favor of a claimant, but if the verdict rendered by the jury exceeds the limit of applicable insurance, the court on motion shall reduce the amount of said judgment to a sum equal to the applicable limit stated in the insurance policy.

The commission shall prepare an annual budget specifically describing the proposed receipt and expenditure of all funds from any source whatsoever, and such budget shall be approved by the Harrison County Board of Supervisors. If the commission desires to take any action associated with the receipt or expenditure of funds which deviates from the annual budget, such individual action shall be subject to the approval of the Harrison County Board of Supervisors.

The commission is granted the power to invest funds credited to the Mississippi Coast Coliseum Commission Operating Fund, the commission is vested with authority to designate depositories of its funds, and to deposit the funds in interest-bearing accounts. Provided, however, all funds in excess of ninety (90) days’ operating expenses, to the extent practicable, shall be invested in Treasury bills or in interest-bearing accounts or approved securities to include, but not limited to, U.S. Treasury bills and U.S. Treasury notes and bonds, federal agency securities or mortgage-backed securities guaranteed as to repayment of principal by the government or an agency of such government, certificates of deposit fully covered by insurance administered by the Federal Deposit Insurance Corporation or covered by pledged securities, repurchase agreements and short-term money market funds invested in United States government and United States government agencies.

The commission is authorized to contract with any agency of the United States or the State of Mississippi for a loan or grant, subject to the approval of the Harrison County Board of Supervisors and to give such agency any assurances of compliance with federal or state laws which are not in conflict with the laws of the State of Mississippi. It is the intent and purpose of this chapter that the Coliseum Commission cooperate with agencies administering the National Seashore Act of 1970.

Whenever any real or personal property belonging to the commission shall cease to be used or needed for the commission’s purposes, the commission may recommend to the Harrison County Board of Supervisors that it sell, exchange or lease the property on such terms as the commission may propose. No lease of surplus real property may exceed a term of ninety-nine (99) years. The deed of conveyance in such transactions shall be executed in the name of the commission by the Harrison County Board of Supervisors pursuant to order issued on the minutes of its meetings. In any sale, exchange or lease of real property, the commission shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same. Before any sale, exchange or lease is made, the commissioners shall publish at least once each week for three (3) consecutive weeks, in a public newspaper of Harrison County, Mississippi, and on the commission and county websites the intention to sell, exchange or lease, as the case may be, the real or personal property and to accept sealed competitive bids for the sale, exchange or lease. The commissioners shall thereafter accept bids for the sale, exchange or lease, and the property shall be sold, exchanged or leased to the highest and best bidder in the manner provided by law. However, whenever the commissioners shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes: (a) that any commission-owned real property is no longer needed for commission purposes and is not to be used in the operation of a multipurpose coliseum and related facilities, (b) that the sale, exchange or lease of such property in the manner otherwise provided for herein is necessary or desirable for the financial welfare of a multipurpose coliseum and related facilities, and (c) that the use of such property for the purpose for which it is to be sold, exchanged or leased will promote and foster the development and improvement of the multipurpose coliseum and related facilities, the commissioners may recommend to the Harrison County Board of Supervisors that it sell, exchange or lease the property without having to advertise for and accept competitive bids. In any case in which the commission proposes to sell or exchange real property under the provisions of this section without advertising for and accepting competitive bids, the Harrison County Board of Supervisors must approve such proposal, and consideration for the sale or exchange of the real property shall be not less than the average of the fair market price for the property as determined by three (3) professional property appraisers selected by the commission and approved by the purchaser or devisee and the Harrison County Board of Supervisors. Appraisal fees shall be shared equally by the commission and the purchaser or devisee.

The enumeration of any specific rights and powers contained herein or elsewhere in this chapter where followed by general powers shall not be construed in the restrictive sense but rather in as broad and comprehensive sense as possible to effectuate the purposes and intent of this chapter.

HISTORY: Laws, 1968, ch. 530, § 5; Laws, 1972, ch. 435, § 1; Laws, 1975, ch. 445, § 1; Laws, 1977, ch. 456, § 1; Laws, 1979, ch. 467, § 1; Laws, 1990, ch. 899, § 1; Laws, 1991, ch. 825, § 1; Laws, 2005, ch. 482, § 1; Laws, 2008, ch. 310, § 1; Laws, 2016, ch. 489, § 3, eff from and after July 1, 2016.

§ 55-24-11. Budget and employment of clerical assistance.

The Coliseum Commission shall submit its budget and receive an appropriation in accordance with the requirements and procedures set forth in Chapter 496, Laws of 1962, being Sections 27-103-1 et seq., Mississippi Code of 1972, applicable to “Special Fund Agencies.”

The Coliseum Commission is authorized to employ a director and such other employees as are necessary to perform and carry out the duties of the commission.

The commissioners and director are public officers within the meaning and intent of Section 97-11-19, Mississippi Code of 1972.

HISTORY: Laws, 1968, ch. 530, § 6; Laws, 1972, ch. 435, § 1; Laws, 1975, ch. 445, § 2, eff from and after July 1, 1976.

§ 55-24-13. Commissioner compensation and expenses.

Each commissioner of the Mississippi Coast Coliseum Commission may receive compensation in the amount authorized in Section 25-3-69, Mississippi Code of 1972, while engaged in commission meetings or other duties of the commission, but such allowances shall not exceed One Thousand Eight Hundred Dollars ($1,800.00) for any one (1) commissioner during the calendar year. Commissioners may be reimbursed for their actual expenses when on commission business.

HISTORY: Laws, 1968, ch. 530, § 7; Laws, 1972, ch. 435, § 1; Laws, 1997, ch. 613, § 1, eff from and after passage (approved April 23, 1997).

§ 55-24-15. Letting contracts.

In the letting of contracts and in advertisement for bids thereon for the development, construction, repair or maintenance of any structures, facilities and lands required pursuant to this chapter, the Mississippi Coast Coliseum Commission shall comply with all of the requirements of the general laws of the State of Mississippi governing and regulating the advertisement for bids and letting of contracts by the State of Mississippi.

HISTORY: Laws, 1968, ch. 530, § 8; Laws, 1972, ch. 435, § 1, eff from and after passage (May 2, 1972).

§ 55-24-17. Mississippi Coast Coliseum and Convention Trust Fund established; administration of fund; use of monies.

1. The proceeds from the tax authorized under the provisions of Sections 1 and 2 of Chapter 863, Local and Private Laws of 1987, shall be paid to the Mississippi Coast Coliseum and Convention Trust Fund. The fund shall be used for the operational, maintenance, replacement and capital expenses of the Mississippi Coast Coliseum and Convention Center, as hereinafter provided and managed as provided in subsection (2) of this section. Amounts on deposit in the fund shall be invested in interest-bearing accounts or approved securities to include, but not limited to, U.S. Treasury bills and U.S. Treasury notes and bonds, federal agency securities or federal mortgage-backed securities guaranteed as to repayment of principal by the federal government or an agency of the federal government, certificates of deposits fully covered by insurance administered by the Federal Deposit Insurance Corporation or covered by pledge securities, repurchase agreements and short-term money market funds invested in U.S. government and U.S. government agencies. All interest income earned on the fund shall be paid into the Mississippi Coast Coliseum Commission Operating Fund. The principal amount deposited into the fund from the proceeds of the special taxes authorized by Chapter 863, Laws of 1987 shall not be withdrawn from the trust for any purpose whatsoever except as provided for in subsection (2) of this section. The interest earned on the fund may also be used for debt service for capital improvements or expansion or for payment of expenses for operations, maintenance and replacement of capital improvements.
2. From and after July 1, 2016, the Mississippi Coast Coliseum and Convention Trust Fund shall be administered by the Harrison County Board of Supervisors, and the Harrison County Board of Supervisors may expend monies in the fund upon recommendation of the commission, without state appropriation, for the purpose of repairs, restorations, debt service expense and capital improvements to the Mississippi Coast Coliseum and Convention Center. From and after July 1, 2016, until February 16, 2018, the Harrison County Board of Supervisors shall not expend more than Two Million Dollars ($2,000,000.00) from the Mississippi Coast Coliseum Trust Fund; however, from and after February 16, 2018, the board of supervisors is authorized to expend any or all of the remaining monies in such trust fund upon recommendation of the commission.

HISTORY: Laws, 1987, ch. 863, § 3; Laws, 1990, ch. 899, § 2; Laws, 2006, ch. 384, § 1; Laws, 2016, ch. 489, § 4, eff from and after July 1, 2016.

§ 55-24-19. The coliseum commission may accept grants and contributions.

The coliseum commission, in addition to the moneys which may be received by it from the sale of bonds and from the collection of revenues, rents and earnings derived under the provisions of this chapter, shall have the authority to accept from any public or private agency, or from any individual, grants for or in aid of the construction of any planned development, or for the payment of bonds, and to receive and accept contributions from any source of money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.

HISTORY: Laws, 1968, ch. 530, § 9; Laws, 1972, ch. 435, § 1, eff from and after passage (approved May 2, 1972).

§ 55-24-21. Full and complete authority.

This chapter shall be deemed to be full and complete authority for the exercise of the powers herein granted.

HISTORY: Laws, 1968, ch. 530, § 10; Laws, 1972, ch. 435, § 1, eff from and after passage (approved May 2, 1972).

§ 55-24-23. Conflicting laws superseded.

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.

HISTORY: Laws, 1968, ch. 530, § 11; Laws, 1972, ch. 435, § 1, eff from and after passage (approved May 2, 1972).

§ 55-25-1. Establishment; purpose; acquisition of rights in land; acceptance of funds; contracts for operation and maintenance of trails.

1. The board of supervisors of one or more counties and the governing authorities of one or more municipalities located within participating counties are hereby authorized to act jointly in the establishment of a Rails-To-Trails Recreational District (hereinafter in this chapter “district”) by spreading upon their minutes a resolution establishing such a district. The boundaries of the district shall be defined by a general description in the resolution.
2. A district shall be established for the purpose of utilizing available railroad rights-of-way as public recreational trails or as interim trails for rail banking as set forth in Section 8(d) of the National Trails Systems Act (16 U.S.C.S. 1247(d)), and a district may acquire by gift or purchase, title to or any lesser interest in, such available railroad right-of-way.
3. Districts may by gift or purchase acquire title to, or any lesser interest in, any areas abutting the rights-of-way of acquired railroad rights-of-way which are or may be needed for the construction of trail-user support facilities. Easements and rights-of-way upon, over, under, along or across any land the fee title of which has been acquired by a district for a trail project may be granted by such district so long as the use of the easement or right-of-way does not interfere with the use of the land as a trails project and only after such grant shall have been first approved by the counties and municipalities participating in the district.
4. A district may accept funds from any source, public or private, for the purpose of acquiring lands and planning, constructing, operating and maintaining trails under the provisions of this chapter. Districts may also execute contractual agreements with the Department of Wildlife, Fisheries and Parks or with any existing water district having jurisdiction in the counties or parts of counties comprising a district by which the department or water district will assume responsibility for the operation and maintenance of a trail developed under this chapter.

HISTORY: Laws, 1994, ch. 574, § 1, eff from and after passage (approved April 7, 1994).

§ 55-25-3. District board of directors; appointment; oath of office; compensation.

1. A district shall be governed by a board of directors who shall be appointed as follows: the governing authorities of each participating county and each participating municipality shall appoint one (1) resident of its jurisdiction as its member of the board. The term of each member shall coincide with that of the appointing official, so that after the initial appointments, terms shall be for a period of four (4) years.
2. Each director shall, before a chancery clerk, take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi, and the oath shall be filed with such clerk and by him preserved.
3. If compensation is paid to any member of the board of directors, it shall be paid by the district from any funds available. In no event shall such compensation exceed the sum of Twenty-two Dollars and Fifty Cents ($22.50) per day.

HISTORY: Laws, 1994, ch. 574, § 2, eff from and after passage (approved April 7, 1994).

§ 55-25-5. General powers of board.

Any rails-to-trails recreational district, through its board of directors, is hereby empowered:

To establish rules and regulations for the use of the recreational facilities of the district;

To apply for and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications therefor made by voluntary associations to such agencies for grants to construct, maintain or operate any project or projects which hereafter may be undertaken or contemplated by such district;

To do any and all other acts or things necessary, requisite or convenient to the exercising of the powers, rights, privileges or functions conferred upon it by this chapter or by any act of law;

To employ such persons as are necessary to perform the services required of the district;

To enter into agreements and execute contracts necessary or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this chapter;

To develop, operate, maintain and support a recreational facility for hikers, bikers, horsemen or others on and along railroad rights-of-way acquired for that purpose and for the use and enjoyment of the general public; and

To sue and be sued.

HISTORY: Laws, 1994, ch. 574, § 3, eff from and after passage (approved April 7, 1994).

§ 55-25-6. Publication of rules and regulations; rules and regulations to have force of law upon publication; penalty for violation; recreational facilities developed and operated pursuant to this chapter constitute public highways; rules and regulations of Transportation Commission enforceable on such facilities; vehicle restrictions; municipalities required to enforce the rules and regulations of a rails-to-trails recreational district of which it is a member.

1. The rules and regulations adopted by the Rails-to-Trails Recreational District shall be published once a week for two (2) consecutive weeks in a newspaper qualified to publish legal notices in each county that is a member of the district. When rules and regulations have been adopted by the district in accordance with Section 55-25-5 and have been published as required by this section, such rules and regulations shall have the force and effect of general law, and any violation of such rules and regulations shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
2. Any recreational facility developed and operated pursuant to this chapter, specifically including Section 55-25-5(f), shall constitute a public highway, and all applicable rules and regulations of the Mississippi Transportation Commission and other state agencies shall be enforceable on such recreational facilities. However, no motor vehicle may be operated or used on such recreational facility except law enforcement vehicles, emergency vehicles, maintenance vehicles or other vehicles authorized by the district.
3. Any municipality, which is a member of a Rails-To-Trails Recreational District, shall enforce the rules and regulations of the district in that part lying within the municipality and may authorize its municipal law enforcement personnel to assist the district in the enforcement of the district rules and regulations in any area of the district lying no more than five (5) miles outside the corporate limits of the municipality.

HISTORY: Laws, 2000, ch. 471, § 2; Laws, 2004, ch. 404, § 1, eff from and after July 1, 2004.

§ 55-25-7. Levy of tax by county or municipality for support and maintenance of district.

The board of supervisors of any county or the governing authorities of any municipality which become a part of a district may levy a tax upon all taxable property in the county or municipality for the support and maintenance of the district in an amount not to exceed one-fourth (1/4) mill. Any county or municipality which desires to remain a part of such district shall levy each year beginning the second year after joining the district a tax for the support and maintenance of the district of not less than one-fourth (1/4) mill or such county or municipality will not remain a part of the district. Should any county or municipality desire to appropriate an equivalent sum from the general fund, or other available funds, the levying of the tax provided herein shall not be mandatory.

Should the board of directors of any such district determine that a tax levy of less than one-fourth (1/4) mill on the property of the counties and municipalities comprising the district would be sufficient to maintain and operate the district for the forthcoming fiscal year, such determination shall, by resolution, be spread upon the minutes of the board and shall recite the amount of tax levy which will suffice. A certified copy of such resolution shall be delivered to the clerks for the board of supervisors of the counties and municipal authorities affected thereby; and, thereafter, the board of supervisors and the governing authorities may for the forthcoming year levy a tax of no less than that declared to be sufficient in such resolution without losing their qualifications as members of the district.

Any tax levy made under the provisions of this section shall be used exclusively for the support and maintenance of the district and shall be made by the board of supervisors and municipal governing authorities at the time and in the manner that other tax levies are made. The revenues provided for in this chapter shall not, under any circumstances, be commingled with other funds of counties or municipalities.

HISTORY: Laws, 1994, ch. 574, § 4, eff from and after passage (approved April 7, 1994).

§ 55-25-9. Payment of tax proceeds to depository of district; advance of county or municipal funds to district.

The board of supervisors of each county and the governing authorities of each municipality becoming a member of a district shall annually, on or before March 15 of each year beginning with the calendar year in which the district is created, pay or cause to be paid to the depository of the district the total avails from the taxes levied pursuant to Section 55-25-7 for the purpose of supporting the district. Such payment shall be made and continued as long as the district remains in existence, there is need therefor, and the county and municipality remain a part thereof.

Any municipality or county participating in a district may advance funds to the district to pay the preliminary expenses of the district, including reports, organization and administration expenses, on such terms of repayment as the governing body of the county or municipality shall determine.

HISTORY: Laws, 1994, ch. 574, § 5, eff from and after passage (approved April 7, 1994).

§ 55-25-11. Acceptance of grants, loans, etc., by board.

The board of directors of a district is hereby authorized and empowered to accept grants, loans, gifts, bequests or funding from any source, public or private, that the granting agency has authority to provide; but in no circumstances shall the acceptance of any such funding obligate any district to repay a sum in excess of the avails of the tax levies authorized by this chapter.

HISTORY: Laws, 1994, ch. 574, § 6, eff from and after passage (approved April 7, 1994).

§ 55-25-13. Deposit of district funds in depository.

All funds of a district shall be deposited by the board of directors in a bank or banks located within the counties or municipalities creating the district and qualified as a county or state depository.

HISTORY: Laws, 1994, ch. 574, § 7, eff from and after passage (approved April 7, 1994).

§ 55-25-15. Addition of adjacent counties and municipalities to district.

After any district has been formed, any other county located immediately adjacent to a district, and any municipality therein, may join a district by the same procedure as if it were initiating the district, including the appointment of an additional member to the existing board of directors.

HISTORY: Laws, 1994, ch. 574, § 8, eff from and after passage (approved April 7, 1994).