Chapter 1. Public Lands

In General

§ 29-1-1. Purchase of land by state; title to land acquired with state funds as under name of state; sale of public lands; gift or donation of land to state; Secretary of State to sign conveyances; inventory of state lands; land purchased for benefit of state agency; use of assets of Public Employees’ Retirement System restricted; cultural resources survey; land acquired for highways, through federal funds or for the Mississippi Major Economic Impact Authority projects exempt; recovery of expenses for record-keeping; requirements for certain legislatively authorized conveyances of specifically described real property.

  1. Except as otherwise provided in subsections (7), (8), (9) and (13) of this section, the title to all lands held by any agency of the State of Mississippi shall appear on all deeds and land records under the name of the “State of Mississippi.” A deed may also recite the name of the agency for whose benefit and use the land is acquired, but the recital shall not be deemed or construed to be a limitation on the grant or an impairment of title held by the State of Mississippi. Use and possession of the land may be reassigned by act of the Legislature or by interagency conveyance where each agency has statutory authority to acquire and dispose of land. For the purpose of this section, the term “agency” shall be defined as set forth in Section 31-7-1(a). The provisions of this section shall not affect the authority of any agency to use any land held by the agency. No assets or property of the Public Employees’ Retirement System of Mississippi shall be transferred in violation of Section 272A of the Mississippi Constitution of 1890. Each state agency shall inventory any state-held lands which are titled in the name of the agency. The agency shall execute quitclaim deeds and any other necessary documents to transfer the name and title of the property to the State of Mississippi. State agencies shall furnish to the Secretary of State certified copies of the quitclaim deeds and all other deeds whereby the state agency acquires or disposes of state-held land.
  2. The Secretary of State, under the general direction of the Governor and as authorized by law, shall sell and convey the public lands in the manner and on the terms provided herein for the several classes thereof; he shall perform all the administrative and executive duties appertaining to the selection, location, surveying, platting, listing, and registering these lands or otherwise concerning them; and he shall investigate the status of the various “percent” funds accrued and accruing to the state from the sale of lands by the United States, and shall collect and pay the funds into the Treasury in the manner provided by law. The Secretary of State, with the approval of the Governor, acting on behalf of the state, may accept gifts or donations of land to the State of Mississippi.
  3. In accordance with Sections 7-11-11 and 7-11-13, the Secretary of State shall be required to sign all conveyances of all state-held land. For purposes of this section, the term “conveyance” shall mean any sale or purchase of land by the State of Mississippi for use by any agency, board or commission thereof. Failure to obtain legislative approval pursuant to subsection (4) of this section and the signature of the Secretary of State on any conveyance regarding the sale or purchase of lands for the state including any agency, board or commission thereof, shall render the attempted sale or purchase of the lands void. Nothing in this section shall be construed to authorize any state agency, board, commission or public official to convey any state-held land unless this authority is otherwise granted by law. The Secretary of State shall not withhold arbitrarily his signature from any purchase or sale authorized by the Mississippi State Legislature. Except for those lands forfeited to the state for the nonpayment of taxes, conveyed to another state agency or entity as provided in subsection (11) of this section or acquired by the Mississippi Transportation Commission under Section 65-1-123, no state-held land shall be sold for less than the fair market value as determined by two (2) professional appraisers selected by the State Department of Finance and Administration, who are certified general appraisers of the State of Mississippi. The proceeds from any sale by an agency, board, commission or public official of state-held lands shall be deposited into the State General Fund unless otherwise provided by law.
  4. Before any state-held land is sold to any individual or private entity, thirty (30) days’ advance notice of the intended sale shall be provided by the Secretary of State to the State Legislature and to all state agencies for the purpose of ascertaining whether an agency has a need for the land and for the purpose of ascertaining whether the sale of the land was authorized by law. If no agency of the state expresses in writing to the Secretary of State by the end of the thirty-day period a desire to use the land, then the Secretary of State, with the prior approval of the Mississippi Legislature to sell the state-held land, may offer the land for sale to any individual or private entity. Such notice to state agencies is given in aid of internal management of the real property inventory of the state, and this notice requirement shall not be applied to challenge or defeat any title heretofore or hereafter granted by the state under any law authorized by the Mississippi Legislature providing for the sale or disposal of property.
  5. A cultural resources survey may be performed on any state-held land before the disposition of the land if the Mississippi Department of Archives and History deems this survey necessary. The cost of the survey and any archaeological studies deemed necessary by the Mississippi Department of Archives and History shall be paid by the selling agency and recouped from the proceeds of the sale.
  6. Before any land may be purchased by the state for the benefit of any state agency, the Secretary of State, or his designee, shall search and examine all state land records to determine whether the state owns any land that may fit the particular need of the agency. The Secretary of State, or his designee, shall notify the agency if it is determined that any state-held land is available for use by the agency. The agency shall determine if such land accommodates its needs and shall determine whether to make an official request to the proper authorities to have the use of the land.
  7. This section shall not apply to: (a) any lands purchased or acquired for construction and maintenance of highways or highway rights-of-way by the Mississippi Department of Transportation, or (b) any lands acquired by the state by forfeiture for nonpayment of ad valorem taxes and heretofore or hereafter sold under authority of any other section of Chapter 1, Title 29, specifically relating to tax-forfeited lands.
  8. This section shall not apply to any lands purchased solely by the use of federal funds or lands for which authority to transfer or dispose of these lands is governed by federal law or federal regulations insofar as the application of this section limits or impairs the ability of the Secretary of State to acquire or dispose of the land. However, any state agency acquiring or disposing of land exempted from the application of this section by this subsection shall furnish the Secretary of State certified copies of all deeds executed for those transfers or disposals.
  9. Any lands purchased by the Mississippi Major Economic Impact Authority for a “project” as defined in Section 57-75-5 shall be excluded from the provisions of this section.
  10. The Secretary of State may recover from any agency, corporation, board, commission, entity or individual any cost that is incurred by his office for the record-keeping responsibilities regarding the sale or purchase of any state-held lands.
  11. Subsections (4), (5) and (6) of this section shall not apply to sales or purchases of land when the Legislature expressly authorizes or directs a state agency to sell, purchase or lease-purchase a specifically described property. However, when the Legislature authorizes a state agency to sell or otherwise convey specifically described real property to another state agency or other entity such as a county, municipality, economic development district created under Section 19-5-99 or similar entity, without providing that the conveyance may not be made for less than the fair market value of the property, then the state agency authorized to convey such property must make the following determinations before conveying the property:
    1. That the state agency or other entity to which the proposed conveyance is to be made has an immediate need for the property;
    2. That there are quantifiable benefits that will inure to the state agency or other entity to which the proposed conveyance is to be made which outweigh any quantifiable costs to the state agency authorized to make the conveyance; and
    3. That the state agency or other entity to which the proposed conveyance is to be made lacks available funds to pay fair market value for the property. If the state agency authorized to convey such property fails to make such determinations, then it shall not convey the property for less than the fair market value of the property.
  12. This section shall not apply to the donation and conveyance of the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians.
  13. This section shall not apply to any lands acquired, sold, or leased pursuant to Section 59-5-1 et seq.

HISTORY: Codes, 1892, § 2568; 1906, § 2906; Hemingway’s 1917, § 5241; 1930, § 6012; 1942, § 4094; Laws, 1993, ch. 615, § 1; Laws, 1995, ch. 516, § 4; Laws, 2002, ch. 445, § 1; Laws, 2003, ch. 513, § 1; Laws, 2007, ch. 310, § 3; Laws, 2009, ch. 459, § 1; Laws, 2010, ch. 416, § 1; Laws, 2016, 1st Ex Sess, ch. 1, § 14, eff from and after passage (approved Feb. 8, 2016).

Editor’s Notes —

Laws of 2007, ch. 310, §§ 1 and 2 provides:

“SECTION 1. The Legislature finds that in 2004 several state parks were requiring substantial subsidies from the General Fund, and the Mississippi Commission on Wildlife, Fisheries and Parks was directed to promptly dispose of those parks through closure, lease, sale or transfer. The Nanih Waiya State Park was one of those state parks to be promptly disposed of by the commission. Nanih Waiya is the site of a sacred mound of the Choctaw Nation and on lands ceded to the United States by the Choctaw Nation under the Treaty of Dancing Rabbit Creek. The Nanih Waiya Mound is venerated by the Choctaws and the site is considered to be the birthplace of the Choctaws. The Mississippi Band of Choctaw Indians desires to have this site of great historical significance to the Choctaws returned to them. The Legislature finds that it is in the public interest to return this historical site of the Choctaw Indians to the Mississippi Band of Choctaw Indians.

“SECTION 2. The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall take any and all actions necessary to donate and to convey the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians. The executive director of the department is authorized to execute any document or instrument to accomplish the donation and conveyance of the park.”

Laws of 2011, ch. 381, § 1, provides:

“SECTION 1. (1) The Secretary of State is hereby authorized in his discretion to convey and transfer to the United States of America for the use and occupancy of the United States Coast Guard the following buildings and improvements constructed on Singing River Island and formerly owned and used by the United States of America for Naval Station Pascagoula: (a) Building 100 (Hazardous Waste Warehouse consisting of 2,162 square feet, more or less), (b) Building 102 (Hazardous Waste Office consisting of 82.5 square feet, more of less), and (c) Building 110 (Port Operation Facility consisting of 4,392 square feet, more or less), together with all concrete pads and fences associated with or used in connection with said buildings.

“(2) Such buildings and improvements may be donated or conveyed to the United States of America for the use and occupancy of the United States Coast Guard for any consideration and upon such other terms and conditions as the Secretary of State may deem advisable.

“(3) The Secretary of State is authorized to convey and transfer title to said buildings and improvements only. Any such conveyance shall provide that title to said buildings and improvements shall revert to the State of Mississippi in the event the United States Coast Guard fails to maintain a lease of the land on which said buildings are situated or in the event the United States Coast Guard terminates operations on Singing River Island.”

Laws of 2015, ch. 356, §§ 1 and 2, provide:

“SECTION 1. (1) The Department of Wildlife, Fisheries and Parks, is hereby authorized to sell, lease, or exchange for a tract or tracts of equal value, a certain parcel of real property with improvements, located in Claiborne County, Mississippi, being part of the Canemount Wildlife Management Area, containing the historic home and outbuildings, provided that the sale and conveyance is subject to the requirements of Section 29-1-1. The authority set forth herein shall include the right to advertise for sale or lease to the highest and best bidder. The tract of land and any improvements located thereon, which is authorized to be sold is more particularly described as follows:

“Point of Commencement (POC) being the SE corner of irregularly shaped section 48, Township 11 North, Range 1 East, located at MS West NAD 83 FT coordinates 869193.392, 2052684.338; from(POC) travel N 79° 43´ 13” W for 3107.634 feet to a point; thence N 14° 23´ 37” E for 1117.215 feet to the Point of Beginning (POB); thence N 0° 56´ 45” W for 788.031 feet to a point; thence along a curve following MS 552 to the right with a chord bearing and distance of N 8° 4´ 49” E, for 688.916 feet, said curve radius being 2200 feet, to a point; thence S 90° E for 1106.426 feet to a point; thence S 0° E for 1470 feet to a point; thence S 90° W for 1190.263 feet to the POB.

“(2) All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into the Fisheries and Wildlife Fund of the State Treasury and shall not be deposited into the State General Fund.

“SECTION 2. Any advertisements or notices required to effect the sale, lease, or exchange of this property, shall include information stating that the dwelling house located on the property is listed on the National Register of Historic Places, and subject to any and all rules and regulations appertaining thereto.”

Laws of 2018, ch. 355, § 1, effective March 15, 2018, provides:

“SECTION 1. (1) The Secretary of State is hereby authorized to transfer and reconvey by means of donation to the National Park Service certain submerged lands located in Davis Bayou situated in Section 33, Township 7 South, Range 8 West, Mississippi Sound, Jackson County, State of Mississippi, and being more particularly described as follows:

“[For complete description of property, see Section 1, ch. 355, Laws of 2018]

“(2) The State of Mississippi shall retain all mineral rights to the real property sold or leased under this section.

“(3) The Secretary of State is further authorized to execute, with the approval of the Governor, any agreements, deed and other documents necessary to complete the property donation authorized under subsection (1) of this section. The Secretary of State may correct any discrepancies in the legal description of the property provided in this section.”

Amendment Notes —

The 2003 amendment substituted “subsections (7), (8) and (9)” for “subsection (7) and subsection (8)” in the first sentence of (1); inserted (9) and redesignated former (9) and (10) as present (10) and (11).

The 2007 amendment added (12).

The 2009 amendment, in (4), deleted “or governing authority” following “agencies/or agency” in the first and second sentences, and added the last sentence; and rewrote (7).

The 2010 amendment, in (1), in the first sentence, deleted “which were acquired solely by the use of funds appropriated by the state” following “any agency of the State of Mississippi,” added the second and third sentences, in the sixth sentence, deleted “Before September 1, 1993” from the beginning, and deleted “which were acquired solely by the use of funds appropriated by the state, and” following “state-held lands” and added the last sentence; added the last sentence in (2); rewrote the sixth sentence in (3); in (8), in the first sentence, deleted “agency of the State of Mississippi that holds title to” following “shall not apply to any,” inserted “lands for which,” and added the language beginning “insofar as the application of this section limits,” and added the last sentence; and in (11), deleted “(3)” following “Subsections.”

The 2016 1st Extraordinary Session amendment inserted “and (13)” in the first sentence of (1); substituted “Mississippi” for “State” both times it appears in (5); added (13); and made minor stylistic changes.

Cross References —

Special provisions regarding sale of lands acquired by county or regional railroad authorities, see §19-29-21.

Mississippi Major Economic Impact Authority generally, see §57-75-1 et seq.

Disposal of airport property, see §61-3-19.

JUDICIAL DECISIONS

1. Advance notice.

University fell under the ambit of Miss. Code Ann. §29-1-1(4) because it was a state agency; therefore, the Secretary of State should have provided the university with a thirty-day advance notice of the sale, and because the record contained no evidence of a thirty-day advance notice, the sale of the forfeited land tax patent was void and did not vest title in the property owner. Smith v. Jackson State Univ., 995 So. 2d 88, 2008 Miss. LEXIS 454 (Miss. 2008).

OPINIONS OF THE ATTORNEY GENERAL

The Forestry Commission is authorized, though not required, by House Bill 726 to convey certain property to Issaquena County for the sum of $10,000.00 in accord with the terms and conditions set forth in said Act, notwithstanding that the property had been appraised for $90,000. Sledge, July 24, 1998, A.G. Op. #98-0420.

This section applies to sales of University of Mississippi property. Khayat, April 16, 1999, A.G. Op. #99-0163.

The sale of University of Mississippi land authorized by H.B. 1041 (Chapter 304, Miss. Laws, 1998) is exempt from the requirements relating to all sales of state-held lands supplied by subsection (3) of this section; however, fair market value must be obtained for these lands in the absence of a legislatively authorized donation pursuant to Section 66 of the Constitution of 1890; further, although the University of Mississippi is not required to utilize appraisers, it may do so in order to determine fair market value. Khayat, April 16, 1999, A.G. Op. #99-0163.

The Mississippi Employment Security Commission falls under the exemption found in paragraph 8 so as to exempt it from complying with the statute with regard to lands purchased solely with federal funds. Thompson, Sept. 14, 2001, A.G. Op. #01-0534.

Property which consisted of a building purchased solely with federal funds on land that was deeded to a state agency by the state did not fall under the exemption of paragraph 8. Thompson, Sept. 14, 2001, A.G. Op. #01-0534.

The Tombigbee River Valley Water Management District may acquire property by first contacting the Secretary of State in accordance with Section 29-1-1(6); if no suitable state-held land is available, then the District may identify suitable property and begin negotiations in compliance with Section 43-37-3. Applewhite, Jan. 10, 2003, A.G. Op. #02-0765.

If the Mississippi Department of Wildlife, Fisheries and Parks conveys Nanih Wayia State Park to the Mississippi Band of Choctaw Indians it must secure the fair market value of the park in accordance with the procedures outlined in the latter part of §55-3-47(3). Posey, Aug. 13, 2004, A.G. Op. 04-0362.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 1 et seq.

15A Am. Jur. Legal Forms 2d, Public Lands §§ 212:9 et seq. (sale, lease, and license of public lands).

§ 29-1-3. Sixteenth section or in lieu lands; biennial report of commissioner; public officials to supply management and investment information.

  1. The land commissioner has a supervisory power over sixteenth section lands or lands granted in lieu thereof; and he shall supply to the members of the legislature, the boards of supervisors, the boards of education and other interested persons information concerning those lands and make such recommendations and suggestions as he may deem proper.
  2. The land commissioner shall prepare a biennial report which shall include the terms of all leases on sixteenth section school lands, or lands granted in lieu thereof, the condition of the title to all such lands and the current income from all sources earned by such lands, and he shall maintain such report in his office for examination by any interested person.
  3. Any state, county or municipal official shall supply annually to the state land commissioner such sixteenth section management information as shall be requested by the commissioner. Such information shall include, but not be limited to, the following items pertaining to all new leases, rights of way, easements and sales of school trust lands: the number of acres in each parcel; the consideration paid for each transaction; the length and expiration of each lease, easement, or right of way; and the use to be made of each parcel. The applicable public official shall likewise report information requested by the state land commissioner upon principal fund investments. Such information shall include, but not be limited to, the following items: amounts of monies invested; dates of investment; where invested; form of investment; rate of return of each investment; and the amount of revenue earned upon each investment.

    The action of mandamus shall lie as is provided under Section 29-3-9 to compel the transmittal of information under this subsection by any public official to the best of his knowledge and belief.

HISTORY: Codes, 1892, § 2577; 1906, § 2915; Hemingway’s 1917, § 5250; 1930, § 6033; 1942, § 4122; Laws, 1978, ch. 525, § 4, eff from and after July 1, 1978.

Editor’s Notes —

Laws of 1978, ch. 525, § 54, provides as follows:

“SECTION 54. It is the intent of the Legislature that all of the duties, responsibilities and authority vested in the State Land Commissioner under this act shall be transferred by virtue of Senate Bill No. 2470, Regular Session of 1978, to the Office of Secretary of State in accordance with said act.”

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Constitutional authority for legislation concerning sixteenth section land, see Miss. Const. Art. 8, § 211.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Lands granted in lieu of sixteenth sections, see §§29-3-15 et seq.

Sale or lease of sixteenth section lands by county board of supervisors, see §29-3-27.

Mineral leases of sixteenth section lands, see §29-3-99.

JUDICIAL DECISIONS

1. In general.

Sale of leasehold estate of sixteenth section lands to the state for nonpayment of taxes merged the unexpired term thereof in the greater fee simple title of the estate and extinguished it, so that the state land commissioner was without power to sell such leasehold and issue a patent therefor, since land commissioner’s power hereunder is merely supervisory. McCullen v. Mercer, 192 Miss. 547, 6 So. 2d 465, 1942 Miss. LEXIS 38 (Miss. 1942).

§ 29-1-5. Value of state lands.

Whenever the state land commissioner shall need information as to the value of any lands belonging to or claimed by the state, whether the title thereto shall have been acquired by tax sale or otherwise, it shall be the duty of the county tax collector and the county assessor, in response to written inquiry by the state land commissioner, to make written certificate as to the value of such land and the improvements thereon, if any, to the best of their knowledge and belief.

Any assessor or tax collector failing to prepare and mail said certificates shall be guilty of a misdemeanor and on conviction shall be fined in any sum not exceeding one hundred dollars ($100.00) or be imprisoned in the county jail not exceeding ten (10) days, or be punished by both such fine and imprisonment.

HISTORY: Codes, Hemingway’s 1921 Supp. §§ 5286a, 5286b; 1930, §§ 6039, 6040; 1942, §§ 4136, 4137; Laws, 1918, ch. 222.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 29-1-7. Suits for or on behalf of public lands.

The land commissioner may prosecute suits in the name of the state, concerning the public lands, through the attorney general, a district attorney, or some attorney at law employed by him for that purpose, with the consent of the governor.

HISTORY: Codes, 1892, § 2565; 1906, § 2903; Hemingway’s 1917, § 5238; 1930, § 6019; 1942, § 4101.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

State’s remedy against intruders on its land, see §11-45-7.

Suits by board of supervisors to establish title to sixteenth sections, see §29-3-3.

Institution of escheat proceedings by Secretary of State, see §89-11-29.

JUDICIAL DECISIONS

1. In general.

2. Employment of counsel.

1. In general.

State alone can raise question of fraud of patentee practiced upon state in procuring patent to land sold to state for delinquent taxes. Wilkinson v. Steele, 207 Miss. 701, 43 So. 2d 110, 1949 Miss. LEXIS 381 (Miss. 1949).

The validity vel non of a patent from the state can be challenged under this section [Code 1942, § 4101] and Code 1930, § 6020 (Code 1942, § 4102), only in a proceeding instituted for that purpose by the land commissioner. Reliance Inv. Co. v. Johnson, 188 Miss. 227, 193 So. 630, 1940 Miss. LEXIS 12 (Miss. 1940).

Where Land Commissioner requested that suit to cancel patents issued by himself to purchasers of State land should be dismissed, court erred in denying request, since Commissioner has absolute control of suits in so far as interest of State is concerned and may dismiss suit whenever he sees fit to do so. Patterson v. State, 177 Miss. 227, 170 So. 645, 1936 Miss. LEXIS 245 (Miss. 1936).

Land commissioner cannot sue for damages claimed on account of defendant having unlawfully cut and removed timber belonging to the state on 16th section land. Edward Hines Yellow Pine Trustees v. State, 134 Miss. 194, 98 So. 445, 1924 Miss. LEXIS 243 (Miss. 1924).

Land commissioner may maintain replevin for crossties cut by trespasser from 16th section land sold to state for taxes. State v. Fitzgerald, 76 Miss. 502, 24 So. 872, 1898 Miss. LEXIS 105 (Miss. 1898), limited, Edward Hines Yellow Pine Trustees v. State, 134 Miss. 194, 98 So. 445, 1924 Miss. LEXIS 243 (Miss. 1924).

2. Employment of counsel.

Provision in contract between land commissioner and an attorney that the attorney was to receive a per centum as a fee, in a suit concerning public land, rendered the entire contract void. State ex rel. Brown v. Poplarville Sawmill Co., 119 Miss. 432, 81 So. 124, 1919 Miss. LEXIS 21 (Miss. 1919), overruled, Solomon v. Continental Baking Co., 174 Miss. 890, 166 So. 376, 165 So. 607, 1936 Miss. LEXIS 215 (Miss. 1936).

Neither land commissioner nor governor can allow any attorney a per centum of state’s property or recoveries on sale thereof, as fee for bringing suit. State ex rel. Brown v. Poplarville Sawmill Co., 119 Miss. 432, 81 So. 124, 1919 Miss. LEXIS 21 (Miss. 1919), overruled, Solomon v. Continental Baking Co., 174 Miss. 890, 166 So. 376, 165 So. 607, 1936 Miss. LEXIS 215 (Miss. 1936).

Land commissioner cannot so contract with attorney to prosecute suits concerning public land as to lose his right to control the same. State ex rel. Brown v. Poplarville Sawmill Co., 119 Miss. 432, 81 So. 124, 1919 Miss. LEXIS 21 (Miss. 1919), overruled, Solomon v. Continental Baking Co., 174 Miss. 890, 166 So. 376, 165 So. 607, 1936 Miss. LEXIS 215 (Miss. 1936).

Land commissioner does not have power to fix compensation of counsel employed with consent of governor. State ex rel. Brown v. Poplarville Sawmill Co., 119 Miss. 432, 81 So. 124, 1919 Miss. LEXIS 21 (Miss. 1919), overruled, Solomon v. Continental Baking Co., 174 Miss. 890, 166 So. 376, 165 So. 607, 1936 Miss. LEXIS 215 (Miss. 1936).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 106 et seq.

§ 29-1-9. Suits for recovery of lands.

The land commissioner shall institute and prosecute, and prosecute where already instituted, all necessary suits to cancel patents to lands fraudulently obtained or issued, and to recover the possession of the land; and may, when ordered by the court, make any tender in any suit as well after as before suit is begun.

HISTORY: Codes, 1892, § 2587; 1906, § 2926: Hemingway’s 1917, § 5261; 1930, § 6020; 1942, § 4102.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Attorney General’s authority to prosecute suits to vacate fraudulent conveyances, see §7-5-35.

District attorney’s duty to prosecute suits to vacate fraudulent conveyances, see §25-31-25.

JUDICIAL DECISIONS

1. In general.

2. Statute of limitations.

1. In general.

In an action to quiet title to tax forfeited land which plaintiff had obtained by patent from the state, the validity of which had been confirmed by an action against the state, defendant, claiming title under a quitclaim deed from the record owner and by adverse possession, could not challenge the validity of such patent on the ground of grossly inadequate consideration, since the validity of a patent from the state can be challenged only in a proceeding instituted for that purpose by the state land commissioner on behalf of the state. Comfort v. Landrum, 52 So. 2d 658, 1951 Miss. LEXIS 531 (Miss. 1951).

The validity vel non of a patent from the state can be challenged under this section [Code 1942, § 4102] and Code 1930, § 6019 (Code 1942, § 4101), only in a proceeding instituted for that purpose by the Land Commissioner. Reliance Inv. Co. v. Johnson, 188 Miss. 227, 193 So. 630, 1940 Miss. LEXIS 12 (Miss. 1940).

Where Land Commissioner requested that suit to cancel patents issued by himself to purchasers of State land should be dismissed, court erred in denying request, since Commissioner has absolute control of suits in so far as interest of State is concerned and may dismiss suit whenever he sees fit to do so. Patterson v. State, 177 Miss. 227, 170 So. 645, 1936 Miss. LEXIS 245 (Miss. 1936).

Judgment declaring tax title void in suit to confirm was a final adjudication of purchaser’s title, justifying claim for refund of purchase money. Brown v. Ford, 112 Miss. 678, 73 So. 722, 1916 Miss. LEXIS 161 (Miss. 1916).

2. Statute of limitations.

Statute of limitations does not begin to run against right of patentee of land to a refund of the purchase price where the state did not have title until the land commissioner cancels the patent and presents it to the auditor. Wilson v. Naylor, 116 Miss. 573, 77 So. 606, 1917 Miss. LEXIS 346 (Miss. 1917).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 106 et seq.

§ 29-1-11. Fraudulent purchases declared void.

All fraudulent purchases of public lands heretofore made are void, excepting the rights of innocent purchasers without notice; and moneys and fees paid in furtherance of any such fraudulent purchase are forfeited to the state.

HISTORY: Codes, 1892, § 2586; 1906, § 2925; Hemingway’s 1917, § 5260; 1930, § 6028; 1942, § 4110.

Cross References —

Attorney General’s authority to prosecute suits to vacate fraudulent conveyances, see §7-5-35.

District attorney’s authority to prosecute suits to vacate fraudulent conveyances, see §25-31-25.

JUDICIAL DECISIONS

1. In general.

2. Innocent purchasers.

1. In general.

This section [Code 1942, § 4110] is highly penal and is limited to fraudulent purchases of public lands made prior to the enactment thereof. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

The operation of this section [Code 1942, § 4110], was not suspended by construing a statute (Code 1942, § 1317) providing for suit against the state to confirm title and requiring the court to validate and perfect title based upon tax forfeited land patents unless the patent was obtained by “actual fraud on the part of the patentee, or his representative,” to mean such fraud in the procurement of the patent as the making of false statements do or intentionally withholding important information from, the state land commissioner as to material facts in regard to which the applicant is required to make a disclosure under oath, and which false representations were either known to be false, or were made in reckless disregard of whether the same were true or false. State v. Roell, 192 Miss. 873, 7 So. 2d 867, 1942 Miss. LEXIS 70 (Miss. 1942).

Where land patents were canceled because of fraud practiced on Land Commissioner inducing him to execute patents, fees paid therefor were forfeited to State. Streeter v. State, 180 Miss. 31, 177 So. 54, 1937 Miss. LEXIS 114 (Miss. 1937).

2. Innocent purchasers.

Bank purchasing 340 acres of lands from vendee of patentees from state after tax sale thereof to state, apparently in attempt to collect debt due it from such vendee, could not be subjected to forfeitures to state of all moneys, fees, and costs paid by it in connection with issuance of the patents, in the absence of proof of any fraud. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

Bank purchasing 340 acres of land from vendee of patentees from state after tax sale thereof to state, apparently in attempt to collect debt due it from such vendee, was not subject to forfeiture to the state of all moneys, fees, and costs paid by it in connection with the issuance of the patents, where, because of the invalidity of the tax sale to the state, state had no title to the land which the bank could acquire from the state, directly or indirectly, fraudulently or otherwise. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

Good faith of bank in acquiring, pursuant to settlement of debt, 340 acres of land from vendee of patentees from state after tax sale thereof to state, would be presumed in view of provisions of banking law entitling a bank to own such real estate as should be purchased by or conveyed to the bank in satisfaction of or on account of debts previously contracted in the course of its business. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 52, 137.

§ 29-1-13. Private claims to lands.

The land commissioner shall investigate all claims of persons to any of the public lands, and shall cause the necessary suits to be instituted and prosecuted, and all pending suits to be prosecuted, to settle controversies concerning them. In all such suits, his findings and report, made upon investigation, shall be prima facie correct.

HISTORY: Codes, 1892, § 2571; 1906, § 2909; Hemingway’s 1917, § 5244; 1930, § 6021; 1942, § 4103.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

JUDICIAL DECISIONS

1. In general.

Jurisdiction over state tidewater lands to sustain an action to recover for removal of sand and gravel therefrom is vested in the state attorney general by reason of his statutory and common-law authority to represent the sovereign in the enforcement of its laws and protection of public rights, and not in the state land commissioner. State ex rel. Rice v. Stewart, 184 Miss. 202, 184 So. 44, 1938 Miss. LEXIS 306 (Miss. 1938).

§ 29-1-15. Counties and municipalities may grant lands to state.

The governing authorities of any county or municipality of the State of Mississippi are hereby authorized and empowered, in their discretion, to convey lands to the State of Mississippi for hospitals and other public purposes.

HISTORY: Codes, 1942, § 3975.5; Laws, 1954 Ex. Ch. 32, §§ 1-3, eff upon passage, approved Sept. 28, 1954.

Cross References —

Sale of county lands by board of supervisors, see §19-7-3.

Powers of municipalities, generally, see §21-17-1.

Method of sale of lands in municipalities which were once patented either by the United States or the state of Mississippi, see §29-1-67.

OPINIONS OF THE ATTORNEY GENERAL

The authority to convey title to property includes the power to lease property. A City may lease property at no cost to the State of Mississippi for the use of the National Guard pursuant to Section 29-1-15. Johnson, May 19, 1995, A.G. Op. #95-0114.

The Board of Trustees of Institutions of Higher Learning may accept donations of real and personal property for the benefit of the institutions of higher learning over which it has control and supervision. Layzell, April 30, 1998, A.G. Op. #98-0230.

The City of Jackson was authorized to proceed with the proposed sale of property to the state based on two appraisals obtained as required under state law for the purchase of property by the state. Horne, January 22, 1999, A.G. Op. #98-0806.

The City of Grenada could convey property to a community college pursuant to this section; upon such conveyance, title would be vested in the board of trustees and the trustees’ successors in office. Criss, January 22, 1999, A.G. Op. #98-0780.

The governing authorities of any county or municipality may lease property at no cost to the State of Mississippi for the use of the Mississippi National Guard or the Mississippi State Guard pursuant to §29-1-15. Pearson, Aug. 30, 2002, A.G. Op. #02-0483.

A county may purchase land and donate it to the Mississippi National Guard, and such purchase and donation is completely discretionary with the governing authority and there is no obligation to do such. Shaw, Jan. 24, 2003, A.G. Op. #03-0018.

No authority can be found which would permit the governing authorities of a county to bind its successors to an extended lease pursuant to this section or §29-1-15. Williams, Dec. 23, 2004, A.G. Op. 04-0491.

The authority granted by this statute does not extend to permit the expenditure of county or municipal funds to construct a building for the sole purpose of donating the use of it to the state. Further, no specific provision is found in state law which empowers a county or municipalities to provide free utilities to such a structure for the benefit of the Department of Public Safety. Creekmore, Feb. 18, 2005, A.G. Op. 05-0060.

§ 29-1-17. Protection of public lands from trespass.

It is the duty of the land commissioner to see that trespasses be not committed on the public lands; and for that purpose he may cause all necessary inquiries and investigations to be made. He shall cause the proper suits to be instituted and prosecuted for the recovery of possession of any public land adversely held by any person, and for damages against any person trespassing thereon.

HISTORY: Codes, 1892, § 2589; 1906, § 2930; Hemingway’s 1917, § 5265; 1930, § 6022; 1942, § 4104.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

State’s remedy against intruders upon its lands, see §11-45-7.

Damages for trespass, see §29-1-19.

Division of damages for trespass where land was in two or more counties, see §29-3-129.

Trespass on lands held by the state, see §95-5-27.

Offense of cutting timber upon state lands, see §97-7-65.

JUDICIAL DECISIONS

1. In general.

Jurisdiction over state tidewater lands to sustain an action to recover for removal of sand and gravel therefrom is not vested in the state land commissioner but is vested in the attorney general by reason of his statutory and common-law authority to represent the sovereign in the enforcement of its laws and protection of the public rates. State ex rel. Rice v. Stewart, 184 Miss. 202, 184 So. 44, 1938 Miss. LEXIS 306 (Miss. 1938).

Land commissioner can maintain replevin for crossties cut by trespasser from 16th section land sold to the state for taxes. State v. Fitzgerald, 76 Miss. 502, 24 So. 872, 1898 Miss. LEXIS 105 (Miss. 1898), limited, Edward Hines Yellow Pine Trustees v. State, 134 Miss. 194, 98 So. 445, 1924 Miss. LEXIS 243 (Miss. 1924).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 109 et seq.

§ 29-1-19. Damages for trespass.

If any person go or be upon any public land, and cut, fell, or otherwise injure any tree thereon or commit any other trespass on such land, the damages for such trespass shall not be assessed at less than the sum of two dollars ($2.00) per acre for each acre in every subdivision of forty (40) acres of land upon which any trespass was committed by the defendant, besides the statutory damages prescribed for trespass committed as to any tree or timber thereon. All such damages may be recovered in one (1) and the same action, and the secretary of state may institute suits for the recovery of any timber taken contrary to law; but this shall not apply to a person renting public land and having the license of the secretary of state to take trees or timber from contiguous woodland for fuel and the like.

HISTORY: Codes, 1892, § 2590; 1906, § 2931; Hemingway’s 1917, § 5266; 1930, § 6023; 1942, § 4105; Laws, 1978, ch. 458, § 19, eff from and after January 1, 1980.

Cross References —

Remedy against intruders upon state lands, see §11-45-7.

Division of damages for trespass where land lies in two or more counties, see §29-3-129.

Offense of cutting timber upon state lands, see §97-7-65.

JUDICIAL DECISIONS

1. In general.

The land commissioner is authorized, under this section [Code 1942, § 4105], to institute and maintain, in the name of the state, an action for replevin for cross-ties cut by a trespasser from sixteenth section land, which had been sold to the state for nonpayment of taxes. State v. Fitzgerald, 76 Miss. 502, 24 So. 872, 1898 Miss. LEXIS 105 (Miss. 1898), limited, Edward Hines Yellow Pine Trustees v. State, 134 Miss. 194, 98 So. 445, 1924 Miss. LEXIS 243 (Miss. 1924).

§ 29-1-21. Record of tax lands.

The Secretary of State, on receiving from the chancery clerk the list of unredeemed lands sold to the state for taxes, shall enter the same in the register of tax lands by counties and in the regular order of townships, ranges and sections; and if the description of any of the lands be indefinite or defective and need to be made good by reference to the assessment roll under which it was sold, the Secretary of State may add to the description such alternative description as will clearly designate the land, prefacing the same with words “being as appears by the assessment roll of said county, for the year_______________ .”The Secretary of State, with the approval of the Governor, may sell the tax lands in the manner provided in this chapter, at such prices and under such terms and conditions as the Secretary of State with the approval of the Governor may fix, subject to the limitations imposed in this chapter, or the Secretary of State, with the approval of the Governor, may transfer any of the tax lands to any other state agency, county, municipality or political subdivision of the state.Such agency or subdivision then may retain or dispose of those lands as provided by law.If a state agency, county, municipality, or other political subdivision of the state, has applied for transfer or purchase of the tax lands, it shall have priority over all other applicants except the original owner, his heirs or assigns.The courts shall not recognize claims by the original owner, his heirs or assigns after unredeemed lands are sold to the state for taxes and received by the Secretary of State’s office or conveyed to a state agency, county, municipality or other political subdivision.

HISTORY: Codes, 1942, § 4071; Laws, 1936, ch. 174; Laws, 1994, ch. 583, § 3; Laws, 2010, ch. 415, § 2, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment added the last sentence.

Cross References —

Recording of lists of lands sold for taxes by municipalities, see §21-33-63.

Lists of lands sold for delinquent taxes, see §§27-41-79 et seq.

Delinquent drainage district taxes, see §§51-29-81,51-33-43.

Lists of lands sold by the tax collector for unpaid drainage district taxes, see §51-31-133.

JUDICIAL DECISIONS

1. In general.

Rural land forfeited for taxes may be sold by the land commissioner although surveyed into lots. State ex rel. Knox v. Lockyer, 140 Miss. 808, 106 So. 748, 1926 Miss. LEXIS 485 (Miss. 1926).

Such lands become taxable after being patented by the state to individuals and are thereafter subject to sale for taxes as other lands. Eastman, Gardner & Co. v. Barnes, 95 Miss. 715, 49 So. 258, 1909 Miss. LEXIS 267 (Miss. 1909).

Swamp and overflowed lands are not subject to sale for taxes. Howell v. Miller, 88 Miss. 655, 42 So. 129, 1906 Miss. LEXIS 198 (Miss. 1906).

One purchasing land by mistake from the state cannot have his money refunded on the ground that he already had title through the holder of a certificate from the treasurer of the swamp land commissioners as Laws 1902, ch. 29, forbids such use of the appropriation therein made. Cohn v. Pearl River Lumber Co., 80 Miss. 649, 32 So. 292, 1902 Miss. LEXIS 311 (Miss. 1902).

§ 29-1-23. Definition.

Wherever the words “original owner” appear in this chapter, they shall be construed to mean the owner of the title on date of sale of land for taxes.

HISTORY: Codes, 1942, § 4075; Laws, 1936, ch. 174.

§ 29-1-25. Lands acquired through error.

In cases where lands have passed from the ownership of individuals into that of the state by some mistake, oversight, or unintentional default, the land commissioner, with the approval of the governor and the attorney general, upon satisfactory proof shall, provided said lands are then held by the state, reconvey such lands to their original owners or to those claiming through the original owners upon payment of all taxes, damages, and costs accrued, on such equitable terms as may be agreed upon in each case by the owner and the land commissioner.

In cases where the owners of land have, through mistake, permitted the same to be sold for taxes, and afterwards, to protect their titles, have repurchased from the land commissioner at the price fixed by law the land so forfeited, the state shall, upon satisfactory proof of said facts with the written approval of the governor and the attorney general, refund said purchase money less the amount of taxes, costs, and damages; and the land commissioner shall make a report of such facts to the next session of the legislature and ask an appropriation therefor.

HISTORY: Codes, 1942, §§ 4071, 4072; Laws, 1936, ch. 174; Laws, 1946, ch. 195.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Lists of lands sold for taxes by municipalities, see §21-33-63.

Lists of lands sold for taxes generally, see §§27-41-79,27-41-81.

Redemption of lands sold for taxes by mistake, see §§27-45-13,27-45-15.

Striking from tax list lands whose title is in doubt, see §§29-1-27,29-1-29.

Cancellation of sales of land to the state for uncertainty in description, see §29-1-31.

Lists of lands sold for unpaid drainage district taxes, see §51-31-133.

Sale of lands for delinquent drainage district taxes, see §51-33-43.

JUDICIAL DECISIONS

1. In general.

2. Mistaken purchase from state.

3. Evidence.

1. In general.

Former owner of land sold at invalid tax sale but which remained assessed to him, who continued to pay the taxes on the land for about 4 years after the tax sale without knowing that the land had been sold for taxes, was entitled to obtain patent upon payment of all taxes, damages and costs on such equitable terms as could be agreed upon by him and the Land Commissioner, subject to the approval of the Attorney General and the Governor. State v. Butler, 197 Miss. 218, 21 So. 2d 650, 1945 Miss. LEXIS 287 (Miss. 1945).

Issuance by land commissioner of forfeited tax patent to original owner for inadequate price and without exacting payment of accrued taxes of more than $100, damages and costs, was without authority and inoperative to convey state’s title. State v. Harper, 195 Miss. 580, 15 So. 2d 680, 16 So. 2d 29, 1943 Miss. LEXIS 162 (Miss. 1943).

Dismissal of suit to confirm forfeited tax patent, upon adjudication of invalidity, without cancelation of invalid patents, was proper, in absence of cross bill by state asking such affirmative relief. State v. Harper, 195 Miss. 580, 15 So. 2d 680, 16 So. 2d 29, 1943 Miss. LEXIS 162 (Miss. 1943).

2. Mistaken purchase from state.

One purchasing land by mistake from the state cannot have his money refunded on the ground that he already had title through the holder of a certificate from the treasurer of the swamp land commissioners as Laws 1902, ch. 29, forbids such use of the appropriation therein made. Cohn v. Pearl River Lumber Co., 80 Miss. 649, 32 So. 292, 1902 Miss. LEXIS 311 (Miss. 1902).

3. Evidence.

Presumption arose in absence of proof to the contrary that $25 paid by former owner of land sold at invalid tax sale for the patent was sufficient to cover the taxes, damages and costs, where the land remained assessed to the former owner until shortly before he applied for the patent, during which time he continued to pay the taxes without knowing that the land had been sold for tax delinquency. State v. Butler, 197 Miss. 218, 21 So. 2d 650, 1945 Miss. LEXIS 287 (Miss. 1945).

Presumption arose in absence of proof to the contrary that the Land Commissioner, Attorney General and the Governor required payment of the full amount then remaining due as taxes, damages and costs before issuing patent to former owner of land sold at tax sale. State v. Butler, 197 Miss. 218, 21 So. 2d 650, 1945 Miss. LEXIS 287 (Miss. 1945).

§ 29-1-27. Lands mistakenly claimed by state stricken from tax list.

The land commissioner and auditor are hereby authorized to report to the attorney general any lands that may now or hereafter be claimed by the state on their respective records, the title to which is in doubt, and the attorney general shall make an investigation into the subject matter. If in his opinion the state has no title to said land, he shall so notify the auditor or land commissioner, who shall strike such land from the record in his office and notify, with certified lists of lands so stricken off, the clerk of the board of supervisors of the county in which such land is situated. The clerk shall report said land to the board of supervisors for new assessment or, if the land be vacant, state, or United States land, the board of supervisors shall have it stricken from the tax sales list in his office, and the tax collector shall be credited as in erroneous assessments.

HISTORY: Codes, 1892, § 3859; 1906, § 2946; Hemingway’s 1917, § 5281; 1930, § 6047; 1942, § 4144; Laws, 1942, ch. 235.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Lists of lands sold for taxes generally, see §§27-41-79,27-41-81.

Redemption of lands sold for delinquent taxes by mistake, see §27-45-13.

Reconveyance of lands acquired by state through error, see §29-1-25.

Striking of lands sold under invalid sale for delinquent taxes, see §29-1-29.

Striking from records of land acquired under void tax sales, see §29-1-31.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

§ 29-1-29. Lands mistakenly sold to state may be stricken.

The chancery clerk of any county is hereby authorized to report to the attorney general any lands that have been or may hereafter be sold to the state for delinquent taxes, the validity of which sale is in doubt, and the attorney general shall make an investigation into the subject matter. If in his opinion such sale of said land is void, he shall so notify such chancery clerk in writing, and the said clerk shall strike such land from the list of lands sold to the state of record in his office, and shall report said land to the board of supervisors for a new assessment if the assessment is invalid, or for an order for resale if the assessment is valid.

HISTORY: Codes, 1942, § 4145; Laws, 1942, ch. 235.

Cross References —

Lists of lands sold for taxes generally, see §§27-41-79,27-41-81.

Reconveyance of lands acquired by the state through error, see §29-1-25.

Striking lands claimed by state from tax list where title is dubious, see §29-1-27.

Striking lands acquired under void tax sales from lists of chancery court, see §29-1-31.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

§ 29-1-31. Void tax sales stricken.

In all cases where it appears that the claim of title of the state to the lands on the records of the land office is void on account of uncertain description, or was acquired under tax sales which were void and which passed no title to the state, the land commissioner, with the written approval of the attorney general, is hereby authorized and directed to strike such lands from the lists in his office of lands sold to the state for delinquent taxes. The land commissioner shall transmit a list of the lands thus stricken from the records of forfeited state tax lands in his office to the clerk of the chancery court of the county in which such lands are situated, and the clerk of the chancery court shall note the same on the recorded lists in his office and shall file and preserve the list of lands thus stricken from the records in his office. The land commissioner shall at the same time give written notice to the assessor of the county that such lands have been stricken from the lists of lands held by the state for the nonpayment of taxes, and it shall be the duty of the assessor to assess such lands for taxes for the proper year or years at such valuation as the assessor may deem just. Such assessment shall be made in the manner provided by law for the assessment of property which has escaped taxation for former years. And the tax collector shall collect the taxes on such lands in the manner provided by law. The striking of such lands from the lists of forfeited state tax lands in the land commissioner’s office, as herein provided, shall cancel all title or claim of the state to such lands, except for taxes due thereon at the time of the sale and accruing after the sale.

HISTORY: Codes, 1892, § 2917; Hemingway’s 1917, § 5252; 1930, § 6038; 1942, §§ 4073, 4135; Laws, 1896, ch. 45; Laws, 1936, ch 174.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Assessment of property within municipalities which had previously escaped taxation, see §21-33-55.

Void sales of property located within municipality for delinquent taxes, see §21-33-59.

Assessment of property or persons which had formerly escaped taxation, see §27-35-155.

Lists of lands sold for taxes generally, see §§27-41-79,27-41-81.

Reconveyance of lands acquired by state in error, see §29-1-25.

Striking lands claimed by state from tax lists where title is in doubt, see §§29-1-27,29-1-29.

Refunding of purchase money in event of failure of state’s title, see §29-1-85.

Taxes remaining charge on land in event of failure of state’s title, see §29-1-91.

Lists of tax lands prepared; copies to counties, see §29-1-123.

JUDICIAL DECISIONS

1. In general.

Where an action was brought in 1945 against the state to confirm a forfeited tax land patent and there was an adjudication of validity of the patent, and that though fraud had been perpetrated, the land commissioner and attorney general properly refused to cancel the tax sale to state and patent issued thereunder in an action brought therefor in 1949 by the heirs of the original owner of forfeited lands. Carney v. Anderson, 214 Miss. 504, 58 So. 2d 13, 1952 Miss. LEXIS 494 (Miss. 1952).

Land Commissioner with written authority of attorney general has authority to cancel void tax sales, but state tax collector has no authority to cancel void tax sales by suit, as his authority is limited to institution of suits for taxes which are past due and unpaid. State v. Rogers, 206 Miss. 643, 39 So. 2d 533, 1949 Miss. LEXIS 289 (Miss. 1949).

State tax collector is without authority to bring suit for taxes past due and unpaid, when there is outstanding a sale of lands to state for such taxes, regular and valid on its face, until tax sale is first cancelled by land commissioner, upon written authority from attorney general, or sale is cancelled by decree of court of competent jurisdiction, and decree rendered in suit brought by state tax collector without authority is void, is not res adjudicata against state or binding upon it. State v. Rogers, 206 Miss. 643, 39 So. 2d 533, 1949 Miss. LEXIS 289 (Miss. 1949).

This statute [Code 1942, § 4073] is general and not void as violative of § 90(u), Constitution of 1890, prohibiting special, local or private laws granting any lands under control of State to any person or corporation, since it applies uniformly to all persons similarly situated throughout the state and to all sales of same nature, for delinquent taxes. State v. Southern Pine Co., 205 Miss. 80, 38 So. 2d 442, 1949 Miss. LEXIS 414 (Miss. 1949).

This statute [Code 1942, § 4073] does not authorize donation of State’s lands since it provides for denunciation and renunciation of title to lands, retaining basis tax lien, which State never owned and over which it had no control. State v. Southern Pine Co., 205 Miss. 80, 38 So. 2d 442, 1949 Miss. LEXIS 414 (Miss. 1949).

This statute [Code 1942, § 4073] does not empower attorney general to usurp function of courts, or to act judicially, but requires him to perform a constitutional duty of his office by making his legal learning and discretionary opinion available to proper state officer in exercise of state function in a matter of public policy and does not violate § 144, Constitution of 1890, providing that judicial power shall be vested in courts, and by § 2, that no person belonging to one department shall exercise power properly belonging to either of the others. State v. Southern Pine Co., 205 Miss. 80, 38 So. 2d 442, 1949 Miss. LEXIS 414 (Miss. 1949).

Chancery court is without jurisdiction of bill by owners of land seeking cancellation of claim of State to lands by reason of pretended tax sales as cloud on complainants’ title after land commissioner, with written approval of attorney general, acting under this section [Code 1942, § 4073], has stricken lands from lists of lands sold to State for delinquent taxes because sales were void, since adjudication sought is, in effect, merely ratification of legal action of a state official, lawfully empowered to act, and statute does not provide for ratification thereof by any court. State v. Southern Pine Co., 205 Miss. 80, 38 So. 2d 442, 1949 Miss. LEXIS 414 (Miss. 1949).

§ 29-1-33. Sale price of tax lands.

The land commissioner with the approval of the governor is hereby authorized to sell to any bona fide purchaser any lands which may have been forfeited to the state for the nonpayment of taxes after the time allowed by law for redemption shall have expired, for such price as the land commissioner with the approval of the governor may fix; provided, however, that the minimum price for such forfeited tax land shall be two dollars ($2.00) per acre, except as otherwise provided herein. When the land commissioner has good reason to believe, however, that any of said lands are actually worth more than two dollars ($2.00) per acre, he shall cause a proper investigation to be made for the purpose of ascertaining the actual value of such lands, and such lands shall be sold for such price as the land commissioner with the approval of the governor may fix, provided that such sale price shall not be less than two dollars ($2.00) per acre as aforesaid. The land commissioner may fix different prices for separate tracts of land, but all such prices shall be subject to the approval of the governor.

In cases where it reasonably appears that the actual value of any of said lands is less than two dollars ($2.00) per acre, such lands may be sold by the land commissioner, with the approval of the governor, at a price less than two dollars ($2.00) per acre; provided, however, that in no such case shall such lands be sold for less than the amount of the state, levee board (where the land is situated in a levee district), and county taxes (not including, however, the drainage district tax, if any) for which said lands were sold to the state, plus an amount equal to all penalties, fees, damages, and costs accrued up to and including the date of the sale of such lands to the state.

In selling or contracting for the sale of state forfeited tax lands, it shall not be necessary that the land commissioner include in the sale price of such lands any state, drainage district, county, levee, or municipal taxes, or any special assessment.

HISTORY: Codes, 1942, § 4078; Laws, 1936, ch. 174; Laws, 1946, ch. 421; Laws, 1952, ch. 428.

Editor’s Notes —

By virtue of Chapter 421, Laws of 1946, the following mineral reservation was included in this Section and affects all patents issued by the State from the effective date of that act (April 10, 1946) through the date of the repeal of that language (April 11, 1952):

“In all sales hereunder there shall be reserved unto the state an undivided 1/2 of the usual 1/8 royalty interest in and to any and all gas, oil, sulphur, clay, gravel or other minerals produced on or from such lands for a period of twenty-five (25) years immediately following the issuance by the state of a patent thereto, and for as long thereafter as any such minerals are produced thereon or therefrom if being produced at the expiration of the twenty-five (25) year period. Consent of the state to the leasing of such lands for oil, gas and mineral purposes shall not be required, nor shall the state be entitled to participate in the proceeds realized from the sale of any oil, gas and mineral lease covering any such lands nor in any delay rentals paid thereunder. This provision shall not apply, however, to lands reconveyed to original owners under the provisions of section 4072 of the Mississippi Code of 1942.”

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Collection of sum due state arising from reserved mineral interests, see §29-1-125.

JUDICIAL DECISIONS

1. In general.

2. Adequacy of consideration.

1. In general.

Public lands of the state are not subject to disposal by any officer, whatever his appointment or station may be, except as fixed by valid statutory provisions. State v. Harper, 195 Miss. 580, 15 So. 2d 680, 16 So. 2d 29, 1943 Miss. LEXIS 162 (Miss. 1943).

Issuance by land commissioner of forfeited tax patent to land, having a value in excess of $1 per acre, to the original owner, who remained in possession thereof, at a price of 50 cents per acre was in contravention of this section [Code 1942, § 4078] and inoperative to convey the state’s valid tax title. State v. Harper, 195 Miss. 580, 15 So. 2d 680, 16 So. 2d 29, 1943 Miss. LEXIS 162 (Miss. 1943).

Upon adjudication of invalidity of forfeited tax title in action to confirm such title, because of failure of land commissioner to exact the consideration provided by law, court was without power to ascertain correct amount of consideration and confirm patent but would dismiss bill without prejudice to petitioner’s privilege to pursue, and conform to, the statutory requirements in procuring another patent. State v. Harper, 195 Miss. 580, 15 So. 2d 680, 16 So. 2d 29, 1943 Miss. LEXIS 162 (Miss. 1943).

Dismissal of suit to confirm forfeited tax patent, upon adjudication of invalidity, without cancelation of invalid patents, was proper, in absence of cross bill by state asking such affirmative relief. State v. Harper, 195 Miss. 580, 15 So. 2d 680, 16 So. 2d 29, 1943 Miss. LEXIS 162 (Miss. 1943).

Sale of leasehold estate of sixteenth section lands to the state for nonpayment of taxes merged the unexpired term thereof in the greater fee simple title of the estate and extinguished it, so that the state land commissioner was without power to sell such leasehold and issue a patent therefor. McCullen v. Mercer, 192 Miss. 547, 6 So. 2d 465, 1942 Miss. LEXIS 38 (Miss. 1942).

The issuance of a patent for tax forfeited lands must be canceled where there is a gross inadequacy in a consideration of less than one-fourth of the lowest estimate made by any qualified witness who made any estimate at all, and when the real facts show that such lowest estimate was itself one in extremity, notwithstanding evidence that the land commissioner himself set an appraisal value approximating that for which the land was sold. State ex rel. McCullen v. Tate, 188 Miss. 865, 196 So. 755, 1940 Miss. LEXIS 87 (Miss. 1940).

The fixing of the price of sale to the former owner and the issuance of a patent to him by the land commissioner with the approval of the governor, together with the delivery of such patent, upon the payment of the purchase price agreed upon, left such official without power or authority to thereafter approve, sign and deliver another patent to the same land on the same day to another, notwithstanding that the latter’s application therefor was first in point of time. Mortimer v. Curle, 183 Miss. 17, 183 So. 485, 1938 Miss. LEXIS 212 (Miss. 1938).

2. Adequacy of consideration.

The State Land Commissioner cannot validly sell the lands of the state at a grossly inadequate consideration. State ex rel. McCullen v. Tate, 188 Miss. 865, 196 So. 755, 1940 Miss. LEXIS 87 (Miss. 1940).

The issuance of a patent to state tax forfeited land for a grossly inadequate consideration cannot be allowed and is in contravention of the constitutional provision prohibiting the donation, directly or indirectly, to individuals or to corporations, of any of the lands belonging to, or under the control of the state. State ex rel. McCullen v. Tate, 188 Miss. 865, 196 So. 755, 1940 Miss. LEXIS 87 (Miss. 1940).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 64 et seq.

72 Am. Jur. 2d, State and Local Taxation §§ 812 et seq.

CJS.

85 C.J.S., Taxation §§ 1221 et seq.

§ 29-1-35. Sale of land after buildings destroyed; factors Secretary of State may consider in determining sales price for land.

Where buildings and improvements situated on tax-forfeited lands have been removed or destroyed by fire, windstorm, or flood, the Secretary of State may, in his discretion, sell the tax-forfeited lands for any amount he may deem reasonable, irrespective of the amount of taxes for which the property was sold to the state. The Secretary of State, in determining the sales price for the land, may take into account the cost of cleanup and removal of debris from destroyed buildings and improvements situated thereon, or may contract with the purchaser for cleanup and removal of debris from destroyed buildings as part of the consideration for sale of the land.

HISTORY: Codes, 1942, § 4133; Laws, 1942, ch. 235; Laws, 2012, ch. 339, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment rewrote the section.

Cross References —

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

§ 29-1-37. Application to purchase tax lands.

  1. Except as otherwise provided in subsection (2) of this section, any person desiring to purchase any state-forfeited tax land shall make application in writing to the Secretary of State for the purchase of the land, and shall state in the application:
    1. A correct description of the land sought to be purchased.
    2. The name of the former owner and the name of the person to whom the land was assessed at the time of the tax sale, and the post office address of the former owner and the post office address of the person to whom the land was assessed at the time of the sale, if known to the applicant.
    3. Whether or not the land is occupied at the date of the filing of such application, and the name of the person occupying the land, if any.
    4. The nature and value of the improvements on the land.
    5. The approximate quantity of the merchantable timber on the land, if any.
    6. Any other special information as the Secretary of State, with the approval of the Governor, may require.

      Each applicationshall be signed by the applicant and shall contain a declaration thatthe statements and information submitted in the application are trueand correct and are made under penalty of perjury. The Secretary ofState may require any additional information with reference to thevalue of the lands, thenature and condition of the buildings and improvements on the lands, and the value of the timberon the lands as he may deemnecessary. The applicationsshall be filed by the Secretary of State in the order in which theyare received. Each application shall be given a serial number andshall be entered on a record book on the day it is received. The recordbook shall show the name of the applicant, the serial number of theapplication, and the county in which the property is situated.

  2. Except as otherwise provided in subsection (3) of this section, the Secretary of State, with the approval of the Governor, may dispose of any state-forfeited tax land by sealed bids after three (3) weeks’ advertisement in a newspaper in the county in which the land is located.
  3. The Secretary of State may sell state-forfeited tax land by online auction. The Secretary of State may establish procedures and adopt administrative rules for the sale of state-forfeited tax land by online auction.

HISTORY: Codes, 1942, § 4079; Laws, 1936, ch. 174; Laws, 1942, ch. 235; Laws, 1994, ch. 583, § 4; Laws, 2003, ch. 331, § 1; Laws, 2016, ch. 414, § 2, eff from and after July 1, 2016; Laws, 2018, ch. 309, § 1, eff from and after passage (approved March 5, 2018).

Amendment Notes —

The 2003 amendment made a minor stylistic change in (1)(f); rewrote the first sentence and made other minor stylistic changes in the next-to-last paragraph of (1); and inserted “state agencies, counties, municipalities or other political subdivisions of the state” in the second sentence of the last paragraph of (1).

The 2016 amendment added the exception at the beginning of (2); and added (3).

The 2018 amendment, effective March 5, 2018, deleted the former last paragraph of (1), which read: “An application so filed shall remain on file with the Secretary of State at least thirty (30) days before it is acted upon and finally approved or disapproved. Applications made by state agencies, counties, municipalities or other political subdivisions of the state may be acted upon immediately after filing, and shall not be required to be on file the thirty (30) days herein provided”; and made minor stylistic changes throughout.

Cross References —

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

JUDICIAL DECISIONS

1. In general.

2. Application, necessity and sufficiency of.

3. Filing of application.

4. Fraud and misrepresentation.

1. In general.

The purpose of this statute [Code 1942, § 4079] was to set up a procedure by which the state would be protected from the perpetration of fraud against it in the purchase of tax forfeited land. State v. Lewis, 192 Miss. 890, 7 So. 2d 871, 1942 Miss. LEXIS 71 (Miss. 1942).

In view of the fact that this section [Code 1942, § 4079] continues in full force and effect, the benefit of a statute (Code 1942, § 1315) relating to quieting title based on tax forfeited land patents would be available to purchasers who acquired land through patents issued subsequently to its enactment, as well as to those who acquired land through patents issued prior to its passage. State v. Lewis, 192 Miss. 890, 7 So. 2d 871, 1942 Miss. LEXIS 71 (Miss. 1942).

Involving false application see Streeter v. State, 180 Miss. 31, 177 So. 54, 1937 Miss. LEXIS 114 (Miss. 1937).

2. Application, necessity and sufficiency of.

In a case in which appellant forfeited property to the State for failure to pay taxes, and never subsequently submitted an application to purchase the property, appellant was given all required notice of the State’s sale of the property because the 2015 version of the administrative code did not require the Secretary of State to notify the prior owner that an application to purchase had been submitted. Green Hills Dev. Co., LLC v. Sec'y of State, 275 So.3d 1077, 2019 Miss. LEXIS 254 (Miss. 2019).

An application for a patent from the state to tax forfeited land is sufficient if sworn to in fact by the applicant even though the jurat of a notary is not shown. State v. Allen, 200 Miss. 494, 27 So. 2d 695, 1946 Miss. LEXIS 314 (Miss. 1946).

Even assuming that this section [Code 1942, § 4079] permits several separate parcels of land to be included in one application for the purchase thereof, the affidavits thereto must cover the information required to be given by the applicant as to all the parcels, and as to those parcels not covered by the affidavit the applicant acquires no title, even though the Land Commissioner’s office may have advised the applicant to the contrary. State v. Austin, 198 Miss. 752, 23 So. 2d 919, 1945 Miss. LEXIS 242 (Miss. 1945).

Where applicant filed with the State Land Commissioner six separate sheets or forms braided together, each containing an application for a separate parcel of land that had been forfeited to the state for taxes, but containing only one affidavit which was at the bottom of the first application which covered only one of the parcels and there was no indication that it was intended to cover all of the parcels, the applicant acquired no title to the other parcels not covered by the affidavit, notwithstanding that the Land Commissioner’s office had advised the applicant that the affidavit would cover all the applications. State v. Austin, 198 Miss. 752, 23 So. 2d 919, 1945 Miss. LEXIS 242 (Miss. 1945).

A purchaser of state forfeited tax lands must first file a sworn written application which must give therein the detailed information mentioned in this section [Code 1942, § 4079], and such application is precedent to the right to obtain a patent to forfeited state tax lands, and when the application is taken by its four corners and considered in its material aspects, the averments thereof must be in a sufficient approximation to the substantial truth as not to amount to a palpable misrepresentation of the facts. State ex rel. McCullen v. Tate, 188 Miss. 865, 196 So. 755, 1940 Miss. LEXIS 87 (Miss. 1940).

The filing of an application under oath giving the information called for therein is a condition precedent to the right to obtain a patent from the state to tax forfeited land, and such application constitutes a part of the patentee’s muniment of title with which a vendee of the patentee is charged with notice. State ex rel. McCullen v. Adams, 185 Miss. 606, 188 So. 551, 1939 Miss. LEXIS 174 (Miss. 1939).

The land commissioner is without authority to waive the information called for by law to be contained in the application for a patent from the state to tax forfeited land. State ex rel. McCullen v. Adams, 185 Miss. 606, 188 So. 551, 1939 Miss. LEXIS 174 (Miss. 1939).

3. Filing of application.

The fact that the land commissioner is required to file the applications in the order in which they are received and to give each of them a serial number does not require the commissioner to issue a patent to the first applicant for the purchase of the land since an applicant does not become entitled to acquire a patent until the price of the land has been fixed and the sale has actually been made, with the approval of the governor. Mortimer v. Curle, 183 Miss. 17, 183 So. 485, 1938 Miss. LEXIS 212 (Miss. 1938).

4. Fraud and misrepresentation.

As to statute (Code 1942, § 1317) providing for suit to confirm patent issued for tax forfeited land and requiring the court to validate and perfect the title unless the patent was obtained by “actual fraud on the part of the patentee, or his representatives,” quoted phrase was to be construed to mean such fraud in the procurement of the patent as the making of false statements to, or intentional withholding important information from, the state land commissioner as to material facts in regard to which the applicant is required to make a disclosure under oath hereunder, and which false representations were either known to be false or were made in reckless disregard of whether the same were true or false. State v. Roell, 192 Miss. 873, 7 So. 2d 867, 1942 Miss. LEXIS 70 (Miss. 1942).

Where an application for a patent from the state to tax forfeited land represented that the land was for the benefit of the applicant, when in fact it was purchased on behalf of another, that the land was “cut-over land” when in fact a good portion of it was cleared and opened, so that the land was sold for a grossly inadequate value, as apparent from the fact that thereafter the patentee sold it to another for an amount ten times that paid for the land to the state, the patent to the applicant and the applicant’s conveyance to a third person would be set aside for fraud, the latter not being an innocent purchaser for value. State ex rel. McCullen v. Adams, 185 Miss. 606, 188 So. 551, 1939 Miss. LEXIS 174 (Miss. 1939).

The concealment, by omission thereof from the application for a patent from the state to tax forfeited land, of the fact that a good portion of the tract applied for had been cleared was the principal inducement to the sale at such a grossly inadequate price, and constituted a fraud upon the state warranting a cancelation of the patents issued to the defendant and also of the deed of conveyance from such defendant to the other defendant in the action. State ex rel. McCullen v. Adams, 185 Miss. 606, 188 So. 551, 1939 Miss. LEXIS 174 (Miss. 1939).

§ 29-1-39. Contract for sale of tax lands.

The Secretary of State with the approval of the Governor may contract to sell any state forfeited tax lands, including state lands lying within municipalities, even though said lands may have been subdivided into blocks, lots, divisions, or otherwise and sold to the state by such descriptions. The purchase price required in the contract for the sale of state forfeited tax land shall be the same as that required in direct sale of state forfeited tax lands. In the event the Secretary of State with the approval of the governor shall decide that any state forfeited tax land shall be contracted for sale, the Secretary of State with the approval of the governor shall fix a price for the sale of such lands. Said contract for the sale of such lands shall provide that a part of the purchase price shall be paid in cash, and that the balance of such purchase price shall be paid in equal annual installments extending over a period not to exceed five (5) years, said period to be fixed by the Secretary of State. The purchaser in said contract of sale shall agree that he shall pay all installments of the purchase price and all taxes and special assessments that may become due on said lands during the continuance or life of said contract, that he shall not cut any merchantable timber nor commit any waste of any kind on said land without the written permission of the Secretary of State and that he shall not allow any other person to cut any merchantable timber therefrom or permit any waste of any kind thereon until said purchaser has secured a patent from the state in accordance with his contract of sale. Contracts for sale of state forfeited tax lands shall not be transferred nor assigned without the written consent of the Secretary of State. All applications for contracts of sale shall be made on written forms prepared by the attorney general and approved by the Secretary of State and shall be kept on file in the office of the Secretary of State as public records. At such time as the purchaser shall have paid the entire purchase money under any contract of sale and shall have complied with all of the other provisions of said contract of sale, the Secretary of State shall issue a state land patent as in other cases of the sale of state lands.

HISTORY: Codes, 1942, § 4080; Laws, 1936, ch. 174; Laws, 1978, ch. 458, § 20, eff from and after January 1, 1980.

Cross References —

Lists of tax sale lands sold to individuals, see §§27-41-79,27-41-81.

Trespass on public lands, see §§29-1-17,29-1-19.

Sales price of tax forfeited land, see §29-1-33.

Penalty for cutting timber before purchase price has been paid, see §29-1-41.

Taxation of lands under contract of sale, see §29-1-43.

Cancellation of contract of sale and forfeit of purchase price, see §§29-1-45,29-1-47.

JUDICIAL DECISIONS

1. In general.

Validity of purchase of land for taxes by State and regularity of its patent issued to purchaser is presumed, in absence of showing of irregularity, and sustains claim of ownership by purchaser to land described in patent. Winstead v. Winstead, 204 Miss. 787, 38 So. 2d 118, 1948 Miss. LEXIS 406 (Miss. 1948).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 64 et seq.

§ 29-1-41. Unlawful to cut timber until purchase price is paid.

It shall be unlawful for any person who has contracted to purchase any state forfeited tax lands to cut, sell, or dispose of any merchantable timber on said lands before the purchase price has been fully paid and a patent duly executed and delivered as provided in this chapter. Any person who shall cut, sell, or dispose of any merchantable timber on any such lands before the purchase price has been fully paid and a patent duly executed and delivered shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment, in the discretion of the court.

HISTORY: Codes, 1942, § 4084; Laws, 1936, ch. 174.

Cross References —

Trespass on public lands, see §§29-1-17,29-1-19.

Contracts for sale of forfeited tax lands, see §29-1-39.

Lists of forfeited tax lands sold to individuals, see §§29-41-79,27-41-81.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

ALR.

Revocation of license to cut and remove timber as affecting rights in respect of timber cut but not removed. 26 A.L.R.2d 1194.

§ 29-1-43. Lands under contract for sale taxable.

When any contract for the sale of state forfeited tax lands shall be made, as provided in Section 29-1-39, such lands shall then become taxable in all respects and to the same extent and in like manner as where patents are issued, except that such lands under contract for sale shall not be sold for taxes while the state is the holder of the legal title. It shall be the duty of the land commissioner to give notice in writing to the clerk of the chancery court of the county in which the land is situated, and likewise the clerk of the municipality if such land be situated in a municipality, that such land is under contract for sale, giving the name of the purchaser and the price. The chancery clerk, and the municipal clerk where the land is located in a municipality, shall file said notices and enter the land upon the assessment rolls and shall clearly designate that such land is public land which has been contracted for sale. Such land shall thereupon be assessed for taxes as other lands are assessed, and the tax collector of the county, and the municipality where said land is located in a municipality, shall collect the taxes thereon as in cases of additional assessments, as provided by Section 29-1-83, with reference to patents.

HISTORY: Codes, 1942, § 4081; Laws, 1936, ch. 174.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Contract for sale of tax forfeited lands, see §29-1-39.

§ 29-1-45. Cancellation of contract of sale.

If taxes become delinquent on lands which are contracted for sale or on any part thereof, the tax collector shall, within thirty (30) days after such delinquency, certify such fact in writing to the Secretary of State and said tax collector shall neither advertise nor sell such land at a tax sale. If said land should be sold at a tax sale, the sale shall be void as against the state, and the state’s title thereto shall not be affected by said sale. Likewise, if such a tax sale is made, the tax collector shall be liable on his official bond to the purchaser at said sale in the penal sum of twenty-five dollars ($25.00) plus all actual damages suffered by said purchaser. Within fifteen (15) days after receipt of notice from the tax collector that said lands are delinquent for taxes, or if no notice is given by said tax collector then within thirty (30) days after the Secretary of State ascertains that there is a delinquency in the payment of taxes on said land, the Secretary of State shall cancel the contract of sale and shall, within said period of thirty (30) days, inform the contract purchaser of such cancellation by mail at the post office address contained in the application. The said notice shall be given by registered mail with return receipt requested. The Secretary of State shall likewise immediately notify the clerk of the board of supervisors of the county in which said land is situated of the cancellation and the clerk shall report said action to the board of supervisors of said county, who shall have said land stricken from the assessment roll and also stricken from the tax sale list, if the same is contained thereon. The land shall then be re-entered on the record in the Secretary of State’s office, the former entry of the contract of the purchase shall be marked “canceled” on the Secretary of State’s records, and the land shall become subject to disposition by the Secretary of State in the same manner as if no contract of sale had been made. In case the Secretary of State should fail to give notice of the cancellation of said contract or should fail to cancel said contract within the time stipulated herein, the Secretary of State may cancel and give said notice of cancellation on any subsequent date. If said land is located in a municipality, the acts and duties provided herein to be performed by the clerk of the board of supervisors and the board of supervisors shall be performed in like manner by the municipal clerk and the governing authorities of said municipality.

HISTORY: Codes, 1942, § 4082; Laws, 1936, ch. 174; Laws, 1978, ch. 458, § 21, eff from and after January 1, 1980.

Cross References —

Purchase price paid by purchaser forfeited to state as liquidated damages on cancellation of contract as provided in this section, see §29-1-47.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 64 et seq.

§ 29-1-47. Purchase price forfeited.

On the cancellation of the contract of sale, as provided in the preceding sections of this chapter, that portion of the purchase price paid by the purchaser shall be forfeited to the state as liquidated damages, and the contract purchaser shall lose all rights which he had under the contract of sale. If any waste has been committed or allowed by the purchaser on said land, said purchaser shall, in addition to the liquidated damages, be liable for all actual damages to said land.

HISTORY: Codes, 1942, § 4083; Laws, 1936, ch. 174.

§ 29-1-49. Tax land may be sold to drainage district.

The land commissioner, with the approval of the Governor, is hereby authorized to sell state forfeited tax lands lying within a drainage district to the board of drainage commissioners of such district in the manner provided by Section 51-33-45.

HISTORY: Codes, 1942, § 4085; Laws, 1936, ch. 174.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Exemption of drainage district from limitation of quantity of land permitted to be purchased in one year, see §29-1-73.

Authority of drainage district to purchase tax lands, see §51-33-45.

JUDICIAL DECISIONS

1. In general.

A drainage district with local commissioners is a subdivision of the state government with limited jurisdiction and powers and it has only such powers as are expressly granted to it by the statute or as may be necessarily implied from such legislation. Eden Drainage Dist. v. Swaim, 212 Miss. 386, 54 So. 2d 547, 1951 Miss. LEXIS 461 (Miss. 1951).

A drainage district has no express power or implied power to buy an undivided interest of land except for drainage purposes. Eden Drainage Dist. v. Swaim, 212 Miss. 386, 54 So. 2d 547, 1951 Miss. LEXIS 461 (Miss. 1951).

While tenants in common may be required to bear their proportionate share of expenditures and disbursements and to pay off proportionately the purchase price for outstanding titles and claims, a drainage district has not the power to spend funds to meet these obligations as a tenant in common with others. Eden Drainage Dist. v. Swaim, 212 Miss. 386, 54 So. 2d 547, 1951 Miss. LEXIS 461 (Miss. 1951).

§ 29-1-51. Tax land may be sold to municipality.

The Secretary of State, with the approval of the Governor, is hereby authorized to sell state forfeited tax lands situated within the corporate limits of a municipality to the governing authorities of such municipality in the manner provided by law. If a municipality makes an application to purchase those lands, the municipality shall have priority over all other applicants except the original owner, his heirs or assigns.

As an alternative method to disposing of tax lands situated within a municipality, the Secretary of State, with the approval of the Governor, may transfer those lands to the municipality, which then may retain or dispose of the lands as provided by law.

HISTORY: Codes, 1942, § 4086; Laws, 1936, ch. 174; Laws, 1994, ch. 583, § 5, eff from and after July 1, 1994.

Cross References —

Lands struck off to municipality, see §21-33-69.

Taxing of lands acquired by municipality, see §21-33-71.

Purchases by municipalities at state tax sales, see §21-33-73.

§ 29-1-53. Sale of tax; forfeited improvements.

Where one party owns lands and another owns the improvements thereon, and the lands and improvements are assessed separately and the improvements are sold to the state for nonpayment of taxes, the state land commissioner shall have authority to sell and dispose of said improvements by patent under the same terms and conditions that he may dispose of tax-forfeited lands.

HISTORY: Codes, 1942, § 4129; Laws, 1942, ch. 235.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Assessment and sale for taxes of improvements, see §27-35-51.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

§ 29-1-55. Sale of tax-forfeited timber.

Where timber standing on lands is assessed to persons other than those owning the fee title to the lands, and the taxes thereon are not paid and such timber is sold to the state for nonpayment of taxes, the Secretary of State may sell and dispose of such timber rights in the same manner as he may sell and dispose of tax-forfeited lands, and the proceeds received by said Secretary of State for the sale thereof shall be divided between the state, county, levee board, and drainage district as provided by law for the disposition of the proceeds derived from the sale of tax-forfeited lands. The owner in fee of lands may purchase from the state any tax-forfeited timber rights on lands owned by him in fee, regardless of the amount of lands that he may own.

HISTORY: Codes, 1942, § 4131; Laws, 1942, ch. 235; Laws, 1997, ch. 412, § 2; Laws, 2001, ch. 517, § 4, eff from and after Mar. 30, 2001.

Cross References —

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

§ 29-1-57. Sale of buildings, personal property and land associated with tax lands; factors Secretary of State may consider in determining sale price for land.

Where tax-forfeited lands have situated thereon buildings or personal property which are deteriorating, the Secretary of State may sell and dispose of the buildings, personal property and land for any consideration he may deem reasonable, irrespective of the amount of taxes for which same was sold. Where the buildings or personal property have deteriorated to the condition they are unsafe or constitute a nuisance, the Secretary of State, in determining the sales price for the land, may take into account the cost of cleanup and removal of the buildings and personal property situated thereon, or may contract with the purchaser for cleanup and removal of the buildings and personal property as part of the consideration for sale of the land.

HISTORY: Codes, 1942, § 4132; Laws, 1942, ch. 235; Laws, 1994, ch. 583, § 6; Laws, 2012, ch. 339, § 2, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment added the last sentence and made a minor stylistic change.

Cross References —

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

§ 29-1-59. Sale price of swamp and overflowed lands.

The minimum sale price of the swamp and overflowed lands is one dollar and twenty-five cents ($1.25) per acre, and the land commissioner may sell them at that price unless the governor and land commissioner deem any of said lands to be worth more than said sum, in which event it will be their duty to fix the price of such of said lands at what they shall believe the interest of the state to require. When the price has been so fixed, it shall be entered of record on the register containing the list of such lands for sale, and shall not be reduced within two (2) years thereafter nor sold at any other price, until changed in like manner.

HISTORY: Codes, 1892, § 2574; 1906, § 2912; Hemingway’s 1917, § 5247; 1930, § 6030; 1942, § 4112.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Sale price of internal improvement lands may be same as swamp and overflowed lands, see §29-1-61.

Method of fixing price for sale of other lands, see §29-1-65.

JUDICIAL DECISIONS

1. In general.

Such lands after being patented to individuals by the state, become taxable, and may thereafter be sold for taxes as other lands. Eastman, Gardner & Co. v. Barnes, 95 Miss. 715, 49 So. 258, 1909 Miss. LEXIS 267 (Miss. 1909).

Swamp and overflowed lands are not subject to sale for taxes. Howell v. Miller, 88 Miss. 655, 42 So. 129, 1906 Miss. LEXIS 198 (Miss. 1906).

§ 29-1-61. Sale price of internal improvement lands.

The internal improvement lands may be sold by the land commissioner at the same price as the swamp and overflowed lands, subject to be fixed in the same manner and under like regulations.

HISTORY: Codes, 1892, § 2575; 1906, § 2913; Hemingway’s 1917, § 5248; 1930, § 6031; 1942, § 4113.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Sale price of swamp and overflowed lands, see §29-1-59.

§ 29-1-63. Sale price of Chickasaw school lands.

The Chickasaw school lands are to be sold by the land commissioner at the price of not less than Six Dollars ($6.00) per acre unless said lands are situated in a levee district outside of and unprotected by the levees, in which case they shall be sold for not less than One and Twenty-five Hundredths Dollars ($1.25) per acre.

HISTORY: Codes, 1892, § 2576; 1906, § 2914; Hemingway’s 1917, § 5249; 1930, § 6032; 1942, § 4121.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Constitutional authority for legislation governing sale of Chickasaw school lands, see Miss. Const. Art. 8, § 211.

Duties and powers of Secretary of State generally, see §7-11-11.

Commissioner’s supervisory power over Choctaw school lands, see §29-1-3.

Duty of a county board of education in any county within the Chickasaw cession to ascertain whether such county has title to any Chickasaw lands, and, if so, to enter into lease of such lands, see §29-3-141.

Chickasaw school fund, see §37-61-31.

§ 29-1-65. Sale price of other lands.

    1. All lands fallen or falling to the state by escheat, or coming to it in any other manner; all lands belonging to the State of Mississippi which were ceded to the State of Mississippi by the United States government for a seat of government which are located in Pearl River swamp and subject to overflow, and all other seat of government lands which have been surveyed into blocks and lots in the City of Jackson, Mississippi, which were a part of the original lands ceded by the federal government to the State of Mississippi for a seat of government and which have never been disposed of by the State of Mississippi; and all accretions near the mouth of the Pascagoula River, heretofore surveyed by the state; and all other lands within the borders of the state, not belonging to the United States nor owned by another, are property of the state and are to be managed and disposed of through the Secretary of State. The Secretary of State, with the approval of the Governor, may sell any of such lands, (except as otherwise provided in this chapter), at the same price as the swamp and overflow lands, subject to be fixed in the same manner and under like regulations.
    2. Provided that all lands belonging to the State of Mississippi which were ceded to the State of Mississippi by the United States government for a seat of government which are located in Pearl River swamp and subject to overflow, and all other seat of government lands which have been surveyed into blocks and lots in the City of Jackson, Mississippi, which were a part of the original lands ceded by the federal government to the State of Mississippi for a seat of government and which have never been disposed of by the State of Mississippi, shall not be sold by the Secretary of State, with the approval of the Governor, unless and until the Legislature by legislative act shall have approved the sale of such seat of government lands, or any part thereof.
  1. If, subsequent to the sale of lands specified in this section, the State of Mississippi shall purchase or otherwise reacquire such lands, the lands so acquired shall return to its previous status and be known as lands originally ceded to the State of Mississippi by the United States government for a seat of government.

HISTORY: Codes, 1892, § 2580; 1906, § 2919; Hemingway’s 1917, § 5254; 1930, § 6034; 1942, § 4123; Laws, 1936, ch. 174; Laws, 1948, ch. 490; Laws, 2008, ch. 465, § 1, eff from and after July 1, 2008.

Amendment Notes —

The 2008 amendment designated the former first two paragraphs as present (1)(a) and (b), and added (2); in (1), substituted “Secretary of State” for “land office” at the end of the first sentence of (a), and for “land commissioner” at the beginning of the second sentence of (a) and in the last sentence of (b); and made a minor stylistic change.

Cross References —

Sale of swamp and overflowed lands, see §29-1-59.

Sale of internal improvement lands, see §29-1-61.

Sale of lands in municipalities, see §29-1-67.

Sale of lands in lieu of sixteenth sections, see §29-3-15.

JUDICIAL DECISIONS

1. In general.

In an action to confirm title to land that was part of the Lowry Island Lands, the trial court erred in overruling the state’s demurrer since, under the provisions of this section, the Land Commissioner could not sell such lands. State v. Hanson Properties, Inc., 371 So. 2d 871, 1979 Miss. LEXIS 2094 (Miss. 1979).

The decisions in Huber v. Freret (1925) 138 Miss 238, 103 So 3, and Jenkins v. Bernard (1927) 148 Miss 293, 114 So 488, holding that the land commissioner was without authority to sell urban property that had been surveyed and divided into lots and blocks, are reaffirmed; those whose patents have been invalidated by said decisions and other cases following them may have secured valid patents by complying with Section 29-1-69. Land Comm'r v. Hutton, 307 So. 2d 415, 1974 Miss. LEXIS 1490 (Miss. 1974).

Marsh lands subject to the ebb and flow of the tide as well as noncontiguous accreted lands in rivers or bays subject to the tides are not subject to sale by the state for private purposes; for the ownership of such land by the state was and is as trustee for the use and benefit of all of the people of the state. International Paper Co. v. Mississippi State Highway Dep't, 271 So. 2d 395, 1972 Miss. LEXIS 1273 (Miss. 1972), cert. denied, 414 U.S. 827, 94 S. Ct. 49, 38 L. Ed. 2d 61, 1973 U.S. LEXIS 371 (U.S. 1973).

A 1915 patent was valid as to some 30 acres of land in Jackson which were part of the lands granted to the State of Mississippi by the United States as “seat of government lands,” which were swamp and overflowed lands, congenial only to bullfrogs and mosquitoes, subject to annual flooding, unimproved, producing no income, having no value or suitability for any residential or business purpose and, if possessing any value whatever, it was necessarily for “timber, agriculture or pasture, and which was of the character and type, notwithstanding that it had been surveyed into lots and blocks, usually and ordinarily sold by the acre or upon an acreage basis. State v. Stockett, 249 So. 2d 388, 1971 Miss. LEXIS 1162 (Miss. 1971).

Complaint, in suit to confirm title to land under patent issued plaintiff in 1936, which alleged that prior patent was issued to another in 1926 but failed to allege that original buyer was given notice of sale or that he did not obtain lands in good faith or that price was unfair and unreasonable, was demurrable. Easterling v. Howie, 179 Miss. 680, 176 So. 585, 1937 Miss. LEXIS 65 (Miss. 1937).

Under statutes relating to lands to be managed and disposed of through State Land Office and authorizing Land Commissioner to issue patents to lands sold in the city of Jackson, and providing for notice by registered mail to be given to prior purchaser, notice must be given to original purchaser or his vendee before the lands are available for sale, and there can be no valid sale without such notice. Easterling v. Howie, 179 Miss. 680, 176 So. 585, 1937 Miss. LEXIS 65 (Miss. 1937).

Statute relating to sale of blocks and lots of land, title of which is vested in State, situated in municipalities of the State in and outside city of Jackson was intended to confer on purchasers of land ceded to State as seat of government lands same privileges as those conferred on holders of invalid titles from Land Commissioner. Easterling v. Howie, 179 Miss. 680, 176 So. 585, 1937 Miss. LEXIS 65 (Miss. 1937).

Where legislature adopted statute providing for sale of lots in tract donated to State by Federal Government, and provided for a reservation of lots for “public convenience” of city, city was authorized to convey lot reserved to railroad for freight depot. Jackson v. Alabama & V. R. Co., 172 Miss. 528, 160 So. 602, 1935 Miss. LEXIS 159 (Miss. 1935).

Act of Congress granting lands for seat of government to State held grant in praesenti completed by acceptance and location by State legislature. Westbrook v. Jackson, 165 Miss. 660, 145 So. 86, 1932 Miss. LEXIS 299 (Miss. 1932).

In a suit between city and individuals involving title to lots, question whether lots reserved by legislature and commissioners from sale by State were adaptable for health, ornament, and convenience of city could not be raised, legislature and its Commissioners being judges of adaptability of lots. Westbrook v. Jackson, 165 Miss. 660, 145 So. 86, 1932 Miss. LEXIS 299 (Miss. 1932).

Act providing for sale of State lands except those reserved for health, ornament, and convenience of city held dedication of lots reserved without further grant. Westbrook v. Jackson, 165 Miss. 660, 145 So. 86, 1932 Miss. LEXIS 299 (Miss. 1932).

OPINIONS OF THE ATTORNEY GENERAL

The clear reading of Section 29-1-65 authorizes the sale of seat of government land with legislative authority. Stringer, May 19, 2006, A.G. Op. 06-0207.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 25 et seq., 64 et seq.

§ 29-1-67. Sale of lands in municipalities.

Land situated within municipalities which has once been patented either by the United States government or the State of Mississippi, and the title to which has thereafter, by escheat, tax sale, or otherwise become vested in the State of Mississippi, may be sold or contracted for sale by the land commissioner, with the approval of the governor, at such price and under such terms and conditions as they may fix, even though it may have been subdivided into lots, blocks, divisions, or otherwise and escheated, or was sold to the state by such description. In selling such lands and the improvements thereon, if any, the land commissioner shall take into consideration the location thereof and the improvements situated thereon, and may ask and obtain greater prices therefor than for other lands.

HISTORY: Codes, 1930, § 6035; 1942, § 4124; Laws, 1926, ch. 185; Laws, 1936, ch. 174.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Method of sale for taxes of city or town lots, see §27-41-61.

§ 29-1-69. Sale of certain lands sold by municipalities.

Lands situated in municipalities which have heretofore escheated to or titles thereto become vested in the state, and which have been sold by the land commissioner of the state at a fair and reasonable price but under invalid patents, may be conveyed to the original holder of the patents or, if he has sold same, to his vendee at such reasonable price as the land commissioner with the approval of the governor and the attorney general shall fix; and such purchaser shall be allowed as credit on such price the amount heretofore paid therefor, with six percent (6%) interest compounded annually on the same not to exceed the present value as fixed by such officers. And no land heretofore sold, or attempted to be sold, shall again be sold until a period of thirty (30) days after the mailing of notice by registered mail to the original buyer or his vendee, if his post-office address is known, informing such buyer or his vendee of his rights hereunder. Whenever the post office address of such person is not known, notice shall be published in a newspaper published in the county where the land is located, once a week for two (2) weeks, giving a description of such land and of the rights of such buyers or their vendees. No deed shall be made to such buyer or his vendee until such person shall make affidavit that he bought the same in good faith and has not since sold his interest therein.

HISTORY: Codes, 1930, § 6036; 1942, § 4125; Laws, 1926, ch. 185; Laws, 1936, ch. 174.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

JUDICIAL DECISIONS

1. In general.

2. Notice.

3. Pleading.

1. In general.

A 1915 patent was valid as to some 30 acres of land in Jackson which were part of the lands granted to the State of Mississippi by the United States as “seat of government lands,” which were swamp and overflowed lands, congenial only to bullfrogs and mosquitoes, subject to annual flooding, unimproved, producing no income, having no value or suitability for any residential or business purpose and, if possessing any value whatever, it was necessarily for “timber, agriculture or pasture, and which was of the character and type, notwithstanding that it had been surveyed into lots and blocks, usually and ordinarily sold by the acre or upon an acreage basis. State v. Stockett, 249 So. 2d 388, 1971 Miss. LEXIS 1162 (Miss. 1971).

Statute relating to sale of blocks and lots of land, title of which is vested in State, situated in municipalities of the State in and outside City of Jackson was intended to confer on purchasers of land ceded to State as seat of government lands same privileges as those conferred on holders of invalid titles from Land Commissioner. Easterling v. Howie, 179 Miss. 680, 176 So. 585, 1937 Miss. LEXIS 65 (Miss. 1937).

Patents of lands escheated to State within municipality pending suit to cancel original patents held void in view of proviso in statute authorizing patents. Cranford v. State, 159 Miss. 32, 131 So. 638, 1931 Miss. LEXIS 11 (Miss. 1931).

Land commissioner held without authority to issue patent to urban public lands owned by the state, and surveyed into lots for business purposes. Huber v. Freret, 138 Miss. 238, 103 So. 3, 1925 Miss. LEXIS 44 (Miss. 1925).

The decisions in Huber v. Freret (1925) 138 Miss 238, 103 So 3, and Jenkins v. Bernard (1927) 148 Miss 293, 114 So 488, holding that the land commissioner was without authority to sell urban property that had been surveyed and divided into lots and blocks, are reaffirmed; those whose patents have been invalidated by said decisions and other cases following them may have secured valid patents by complying with this section [Code 1972, §29-1-69]. Huber v. Freret, 138 Miss. 238, 103 So. 3, 1925 Miss. LEXIS 44 (Miss. 1925).

2. Notice.

Statutory provisions requiring that the state give notice to a patentee or his vendee, informing him of his preferential right to purchase, before issuing a patent to any other person of lands previously “patented” or “attempted to be patented” conferred upon the patentee or his vendee a personal right to preference in the purchase of the land in the earlier patent, created a preferential right to be exercised or not at the option of the person in whom it was vested, and were not intended to void patents previously issued which were, in fact, valid, but were directed toward the accomplishment of an opposite result. State v. Stockett, 249 So. 2d 388, 1971 Miss. LEXIS 1162 (Miss. 1971).

Under statutes relating to lands to be managed and disposed of through State Land Office and authorizing Land Commissioner to issue patents to lands sold in the City of Jackson, and providing for notice by registered mail to be given to prior purchaser, notice must be given to original purchaser or his vendee before the lands are available for sale, and there can be no valid sale without such notice. Easterling v. Howie, 179 Miss. 680, 176 So. 585, 1937 Miss. LEXIS 65 (Miss. 1937).

3. Pleading.

Where complaint in suit to confirm title to land under patent from State issued to plaintiff in 1936 alleged that prior patent was issued to another in 1926, and failed to allege that original buyer was given notice of the sale or that original buyer did not obtain lands in good faith or that price was unfair and unreasonable, complaint was demurrable. Easterling v. Howie, 179 Miss. 680, 176 So. 585, 1937 Miss. LEXIS 65 (Miss. 1937).

§ 29-1-71. Sale of lands for municipal defense projects.

When it is sufficiently shown to the Governor and Secretary of State that any tax-forfeited or escheated lands owned by the state, whether within or without the corporate limits of any municipality if located within ten (10) miles thereof, are needed by any municipality in connection with any national defense project which such municipality is sponsoring, the Secretary of State with the approval of the Governor is hereby authorized to sell on an acreage basis any such lands so owned by the state to any municipality, without limit as to quantity or manner in which such land is subdivided, for such price as the Secretary of State with the approval of the Governor may fix. Provided, however, that the minimum price for such land shall be One Dollar ($1.00) per acre. The conveyance of such lands by the state shall be by patent executed by the Secretary of State under the seal of the land office, which patent shall contain all of the lands sold, and such patent shall convey to the municipality a fee simple title to the lands therein described.

In the event the price for which such land is sold is not sufficient to pay the fees and costs allowed to the county tax collector and chancery clerk, as in cases of the redemption of lands for tax sales, under the provisions of Section 25-7-21, Mississippi Code of 1972, the Secretary of State shall apportion the purchase money derived from the sale of such lands hereunder between the county tax collector and chancery clerk upon the basis of the amount of fees due each of them, and the sum thus allotted shall be paid in the manner provided in Section 29-1-95, Mississippi Code of 1972, and shall be in full settlement of all fees due such officers.

Municipalities buying lands hereunder shall not be required to file the application required by Section 29-1-37, Mississippi Code of 1972, and such application as the municipality may file to purchase land hereunder may be promptly acted upon by the Governor and Secretary of State.

HISTORY: Codes, 1942, § 4126; Laws, 1942, ch. 171; Laws, 1990, ch. 420, § 1, eff from and after July 1, 1990.

§ 29-1-73. Quantity purchased by one person.

One person may purchase or contract to purchase as much as one-quarter (1/4) section of the public lands in one year, and no more (except Lowry Island lands, which are not to be limited as to amount purchased); and all lands acquired, directly or indirectly, by any person in contravention of this chapter shall escheat to the state, and all moneys and fees paid therefor shall be forfeited.

The restrictions herein contained limiting to one-quarter (1/4) section the quantity of land which may be purchased by any person in one (1) year shall not apply in any manner to the original owner or mortgagee of state forfeited tax lands at the time title matured in the state, nor to his heirs, executors, or administrators; nor shall such restriction apply to the board of drainage commissioners of any drainage district in the purchase of lands situated in such drainage district, as provided in Section 51-33-45, nor to the United States government in the purchase of lands under the provisions of Section 3-5-11, or under the provisions of other laws authorizing the sale of such lands to the United States government.

HISTORY: Codes, 1892, § 2564; 1906, § 2902; Hemingway’s 1917, § 5237; 1930, § 6026; 1942, §§ 4088, 4108; Laws, 1936, ch. 174; Laws, 1942, ch. 235.

Cross References —

Limitation to one-quarter section of quantity of land to be embraced in any one patent or contract, see §29-1-81.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

Escheats generally, see §§89-11-1 et seq.

JUDICIAL DECISIONS

1. In general.

Only state can raise question of invalidity of patent from state on ground that person obtaining patent had obtained in excess of 160 acres of land from state in one year, or that he has paid to state inadequate consideration for land obtained; and these questions cannot be raised by original owners of land in question. Perkins v. White, 208 Miss. 157, 43 So. 2d 897, 1950 Miss. LEXIS 237 (Miss. 1950).

Good faith of bank in acquiring, pursuant to settlement of debt, 340 acres of land from vendee of patentees from state after tax sale thereof to state, would be presumed in view of provisions of banking law entitling a bank to own such real estate as should be purchased by or conveyed to the bank in satisfaction of or on account of debts previously contracted in the course of its business. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

Bank purchasing 340 acres of land from vendee of patentees from state after tax sale thereof to state, apparently in attempt to collect debt due it from such vendee, was not subject to forfeiture to the state of all moneys, fees, and costs paid by it in connection with the issuance of the patents, where, because of the invalidity of the tax sale to the state, state had no title to the land which the bank could acquire from the state, directly or indirectly, fraudulently or otherwise. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

As to statute (Code 1942, § 1317) providing for suit against the state to confirm title requiring the court to validate and perfect title based upon tax forfeited land patents unless the patent was obtained by “actual fraud on the part of the patentee, or his representative,” construction of the quoted phrase to mean such fraud in the procurement of the patent as the making of false statements to or intentionally withholding important information from, the state land commissioner as to material facts in regard to which the applicant is required to make a disclosure under oath, and which false representations were either known to be false, or were made in reckless disregard of whether the same were true or false, was not unconstitutional as suspending the operation of this section [Code 1942, § 4088]. State v. Roell, 192 Miss. 873, 7 So. 2d 867, 1942 Miss. LEXIS 70 (Miss. 1942).

Word “enter” in Laws 1877 ch. 15, § 3, relating to the sale of swamp and overflowed lands by the state, and “purchase” in this section [Code 1942, § 4108] are convertible terms, and “escheat” as used in this section [Code 1942, § 4108] would be written into laws of 1877 by the law. Wisconsin Lumber Co. v. State, 97 Miss. 571, 54 So. 247, 1910 Miss. LEXIS 317 (Miss. 1910).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands § 66.

CJS.

73A C.J.S., Public Lands § 252.

§ 29-1-75. Who may not purchase public lands [Repealed effective July 1, 2022].

  1. Except as otherwise provided in this section, neither a corporation nor a nonresident alien, nor any association of persons composed in whole or in part of nonresident aliens, shall directly or indirectly purchase or become the owner of any of the public lands; and every patent issued in contravention hereof shall be void.
    1. A banking corporation owning such tax-forfeited lands or holding a mortgage or deed of trust thereon at the time of the sale to the state, and whose mortgage or deed of trust is still in force and effect, may purchase such lands, regardless of acreage, owned by it as aforesaid or on which it held a mortgage or deed of trust. In event of a purchase by such corporation as a mortgagee, such lands shall be held for the benefit of the mortgagor subject to all the terms and conditions of the mortgage or deed of trust held by the purchasing banking corporation and, upon payment of the debt secured by such mortgage or deed of trust, together with interest and incidents, such banking corporation shall in that event reconvey such lands to the original mortgagor, his heirs or assigns.
    2. Any other nonbanking corporation may purchase lands sold or forfeited to the state for delinquent taxes under any section of Chapter 1, Title 29, specifically relating to the sale of such tax-forfeited lands by the Secretary of State. A nonbanking corporation purchasing land sold or forfeited to the state shall be subject to the acreage limitations of Section 29-1-73.
    3. Nonresident aliens may acquire and hold not to exceed three hundred twenty (320) acres of public lands in this state for the purpose of industrial development thereon. In addition, any nonresident alien may acquire and hold not to exceed five (5) acres of public lands for residential purposes. If any land acquired by a nonresident alien for the purpose of industrial development ceases to be used for industrial development, it shall escheat to the public body that sold such land to the nonresident alien.
  2. This section shall stand repealed on July 1, 2022.

HISTORY: Codes, 1892, § 2563; 1906, § 2901; Hemingway’s 1917, § 5236; 1930, § 6027; 1942, § 4109; Laws, 1938, Ex. ch. 79; Laws, 1988, ch. 439, § 1; Laws, 2014, ch. 453, § 1; Laws, 2016, ch. 414, § 3, eff from and after July 1, 2016; Laws, 2019, ch. 331, § 1, eff from and after July 1, 2019.

Amendment Notes —

The 2014 amendment added (2)(b) and (3), redesignated former first undesignated paragraph as (1) and (2), and former second undesignated paragraph as present (2)(c).

The 2016 amendment extended the date of the repealer for the section by substituting “July 1, 2019” for “July 1, 2016” in (3).

The 2019 amendment extended the date of the repealer for the section by substituting “July 1, 2022” for “July 1, 2019” in (3).

Cross References —

Constitutional authority to limit or restrict acquiring or holding of land by nonresident aliens or corporations, see Miss. Const. Art. 4, § 84.

Constitutional prohibition against selling state land to corporations for price less than that asked of individuals, see Miss. Const. Art. 4, § 95.

Real estate holdings of domestic insurance companies, see §83-19-55.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality of section.

3. Fraudulent purchases.

4. Effect of statute of limitations.

5. Challenge to validity of land patents

1. In general.

It was not the intention of the legislature that Code 1942, § 1317 would in any way affect this section [Code 1942, § 4109]. State v. Magnolia Bank, 212 Miss. 47, 53 So. 2d 79, 1951 Miss. LEXIS 426 (Miss. 1951).

In order for a bank to obtain a valid tax forfeited land patent it must appear that the bank owned the tax forfeited land or held a mortgage or deed of trust thereon at the time of sale, or, if holding a mortgage or a deed of trust thereon, that such mortgage or deed of trust was still in force and effect at the time of the application to purchase. State v. Magnolia Bank, 212 Miss. 47, 53 So. 2d 79, 1951 Miss. LEXIS 426 (Miss. 1951).

The fact that there was no fraud in the procurement of a land patent had no effect where the bank was not eligible and without authority to purchase land from the state unless it held a mortgage or deed of trust on the land which was in force and effect at the time of the application. State v. Magnolia Bank, 212 Miss. 47, 53 So. 2d 79, 1951 Miss. LEXIS 426 (Miss. 1951).

This section [Code 1942, § 4109] does not provide for a forfeiture for violation of the provisions hereof, but merely prohibits a corporation from purchasing or becoming the owner of any of the public lands, except under the conditions herein enumerated. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

This section [Code 1942, § 4109] is inapplicable to a bank, purchasing 340 acres of land from vendee of patentees from state after tax sale thereof to state, so as to subject it to forfeiture of all moneys, fees and costs paid by it in connection with the issuance of the patents, since this section [Code 1942, § 4109] does not provide for forfeiture but merely prohibits a corporation from purchasing or becoming the owner of any public lands except under the conditions herein enumerated. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

The operation of this section [Code 1942, § 4109] was not suspended or affected by construing a statute (Code 1942, § 1315), providing for suit against the state to confirm title and requiring the court to validate and perfect title based upon tax forfeited land patents unless the patent was obtained by “actual fraud on the part of the patentee, or his representative,” to mean such fraud in the procurement of the patent as the making of false statements to or intentionally withholding important information from, the state land commissioner as to material facts in regard to which the applicant is required to make a disclosure under oath, and which false representations were either known to be false, or were made in reckless disregard of whether the same were true or false. State v. Roell, 192 Miss. 873, 7 So. 2d 867, 1942 Miss. LEXIS 70 (Miss. 1942).

2. Constitutionality of section.

This statute [Code 1942, § 4109] does not violate the Fourteenth Amendment to the United States Constitution in granting privileges to banking corporations not granted to all corporations, since banking corporations are in a class by themselves and the statute treats all banking corporations in the state alike. State v. Bellinger, 202 Miss. 675, 32 So. 2d 286, 1947 Miss. LEXIS 330 (Miss. 1947).

The fact that building and loan associations and insurance companies sustain somewhat similar relations to state policy, and also have some like functions and powers themselves, does not integrate them into the same classification with banks, so as to form the basis for a claimed discrimination against them by this section [Code 1942, § 4109]. State v. Bellinger, 202 Miss. 675, 32 So. 2d 286, 1947 Miss. LEXIS 330 (Miss. 1947).

3. Fraudulent purchases.

Good faith of bank in acquiring, pursuant to settlement of debt, 340 acres of land from vendee of patentees from state after tax sale thereof to state, would be presumed in view of provisions of banking law entitling a bank to own such real estate as should be purchased by or conveyed to the bank in satisfaction of or on account of debts previously contracted in the course of its business. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

An indictment charging defendant with defrauding and conspiring to defraud the state out of the title to tax forfeited public lands by illegally purchasing them for a corporation whose sole business was not of cutting and marketing lumber, did not charge an offense under Code 1930, § 833 (Code 1942, § 2059), but the allegations thereof were sufficient to be embraced in Code 1930, § 830 subsection 7 (Code 1942, § 2056), the word “feloniously” being mere surplusage; and the defendants were triable as for a misdemeanor. State v. Russell, 185 Miss. 13, 187 So. 540, 1939 Miss. LEXIS 144 (Miss. 1939).

4. Effect of statute of limitations.

The rule that even where the debt secured by a mortgage is barred by the statute of limitations, the mortgagee cannot be deprived of possession by the mortgagor until the debt is paid does not apply in an action by a bank against the state to quiet title where the rights of the bank under a deed of trust were barred by the statute of limitations at the time the bank acquired a tax forfeited land patent and the patent was void. State v. Magnolia Bank, 212 Miss. 47, 53 So. 2d 79, 1951 Miss. LEXIS 426 (Miss. 1951).

Where in 1931 a deed of trust on certain land was issued to a bank as security for a loan, and later that land was sold at a tax sale and not redeemed, in 1939 the bank’s remedy at law to recover the debt was barred by statute of limitations and direct remedy in equity was likewise barred. State v. Magnolia Bank, 212 Miss. 47, 53 So. 2d 79, 1951 Miss. LEXIS 426 (Miss. 1951).

In an action by a bank against the state to quiet title where the rights and remedies of the bank under a deed of trust were barred by the statute of limitations at the time the bank acquired a tax forfeited land patent and where the patent was void, the absence of a specific plea of statute of limitations was not defective and the bank was not entitled to quiet title. State v. Magnolia Bank, 212 Miss. 47, 53 So. 2d 79, 1951 Miss. LEXIS 426 (Miss. 1951).

5. Challenge to validity of land patents

In a case in which appellant forfeited property to the State for failure to pay taxes, the chancellor erred in ruling that appellant lacked any standing to challenge the validity of the land patents because, if the land patents issued to appellee companies were void by operation of this statute - which prohibited a banking corporation that did not hold a mortgage or deed of trust on the property at the time it was forfeited to the State from directly or indirectly purchasing or becoming the owner of public land - then appellee companies did not own the property; and they could not prevent appellant from enforcing the protective covenants or divest appellant of title to common-area property within the development. Green Hills Dev. Co., LLC v. Sec'y of State, 275 So.3d 1077, 2019 Miss. LEXIS 254 (Miss. 2019).

In a case in which appellant forfeited property to the State for failure to pay taxes, whether the bank, as trustee for the bondholders, could indirectly purchase the property through the companies was a material disputed fact; thus, summary judgment was improperly granted to the Secretary of State, the bank, and the companies on the issue of the validity of the land patents. Green Hills Dev. Co., LLC v. Sec'y of State, 275 So.3d 1077, 2019 Miss. LEXIS 254 (Miss. 2019).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 64 et seq.

§ 29-1-77. Sale or lease to highway commission.

The land commissioner with the approval of the Governor is hereby authorized to sell, lease, or donate to the State Highway Commission or to any county or counties or the Natchez Trace Commission, for right of way purposes or for road material used or useful in the construction or maintenance of state, federal, and county highways, any of the public lands of the state, regardless of the quantity of said lands.

HISTORY: Codes, 1942, § 4092; Laws, 1936, ch. 174.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Use of certificates issued in lieu of refund of erroneously levied drainage district taxes to purchase state lands, see §§51-29-85,51-29-87.

Authority of Mississippi Transportation Commission to convey land to United States government for road purposes, see §55-5-7.

§ 29-1-79. How purchase money paid.

The Secretary of State shall receive the purchase money of lands, which purchase money shall be paid into the Treasury. In the event a patent has not been finally completed within thirty (30) days after purchase money has been paid to the Secretary of State, then, upon written request to the Secretary of State by the party making the application to purchase state land, there shall be refunded all money, less fees provided under this chapter, paid upon the application to purchase state land. The Secretary of State shall issue a warrant upon the State Treasurer for the sum of money to be refunded; the warrant shall be paid as all other warrants are paid. The application upon which any money is refunded shall be void, and no patent shall be granted thereon.

HISTORY: Codes, 1892, § 2582; 1906, § 2921; Hemingway’s 1917, § 5256; 1930, § 6041; 1942, §§ 4089, 4138; Laws, 1936, ch. 174; Laws, 1940, ch. 212; Laws, 2015, ch. 305, § 1, eff from and after July 1, 2015.

Amendment Notes —

The 2015 amendment rewrote the section, which read: “The land commissioner shall not receive the purchase money of lands; but the same shall be paid into the treasury on the receipt warrant of the auditor of public accounts, as in other cases; and the purchaser shall present to the land commissioner, in payment for the land, the treasurer’s receipt for the purchase money, which shall be filed in the land office. In the event a patent has not been finally completed within thirty (30) days after purchase money has been paid into the state treasury, then, upon written request to the state land commissioner by the party making said application to purchase state land, there shall be refunded all money, less fees provided under this chapter, paid upon said application to purchase state land. The land commissioner shall issue a requisition to the state auditor, setting forth the sum of money to be refunded, who shall then issue a warrant upon the state treasurer for said sum of money shown by said requisition; said warrant shall be paid as all other warrants are paid. The application upon which any money is refunded shall be void, and no patent shall be granted thereon.”

§ 29-1-81. Issuance of patents and contracts.

  1. All conveyances of land by the state in fee shall be by patent issued from the Secretary of State’s office; every patent issued shall be under the great seal, signed by the Secretary of State.
    1. The patent shall be issued by the Office of the Secretary of State and delivered to the patentee. A copy thereof shall be retained by the Secretary of State among the records of his office.
    2. The Secretary of State may file the original patent with the chancery clerk and such filing shall constitute the delivery of the patent to the patentee. Prior to filing the original patent, the Secretary of State shall collect from the patentee the sum of Twenty Dollars ($20.00) to cover the cost of filing the patent. Failure of the Secretary of State to file the patent shall not affect its validity.
  2. All contracts of sale of public lands shall be issued from the Secretary of State’s office in duplicate; and every contract issued shall be under the great seal, signed by the Secretary of State and countersigned by the Governor.
  3. No more than one-quarter (1/4) section of land shall be embraced in the same patent or contract, except as otherwise provided by law.

HISTORY: Codes, 1892, § 2561; 1906, § 2899; Hemingway’s 1917, § 5234; 1930, § 6024; 1942, § 4106; Laws, 1936, ch. 174; Laws, 1942, ch. 235; Laws, 1978, ch. 458, § 22; Laws, 1990, ch. 420, § 2; Laws, 2003, ch. 331, § 2; Laws, 2016, ch. 414, § 4, eff from and after July 1, 2016.

Amendment Notes —

The 2003 amendment designated the formerly undesignated first through fourth paragraphs as present (1), (2)(a), (3) and (4); and inserted present (2)(b).

The 2016 amendment rewrote (2)(a), which read: “The patent shall be issued in triplicate by the Office of the Secretary of State, the original of which shall be delivered to the patentee, one (1) copy thereof retained by the Secretary of State among the records of his office, and the third copy shall be mailed to the tax assessor of the county in which the land so patented is located on or before the fifteenth day of the month succeeding the date upon which the patent was issued.”

Cross References —

Limitation on amount of land which may be purchased by one person, see §29-1-73.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

Recording of patents, see §89-5-11.

OPINIONS OF THE ATTORNEY GENERAL

Consistent with Section 13-3-187, State should execute conveyance of property deeded to state as result of civil prosecution pursuant to Racketeer Influenced and Corrupt Organizations Act by patent, as authorized by Section 29-1-81, upon payment of purchase money. Nelson, March 23, 1994, A.G. Op. #94-0059.

A patent issued by the state pursuant to this section is void if the patent is not filed for recording with the chancery clerk of the county in which the land is situated within six months of the date of issuance thereof; further, the filing of a patent with a chancery clerk within six months of the date of its issuance, but not in a county where the land is situated, does not satisfy the requirements of this section and does not prevent the patent from becoming void. McWhorter, May 21, 1999, A.G. Op. #99-0236.

Filing a patent within six months of its issuance but in the wrong county has no effect upon the validity of the patent. McWhorter, May 21, 1999, A.G. Op. #99-0236.

A chancery clerk may not collect back taxes on parcels that have been issued a land patent by the state as the back taxes were extinguished when the property was sold or struck off to the state. Peacock, Sept. 3, 2004, A.G. Op. 04-0299.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 48 et seq.

CJS.

73A C.J.S., Public Lands § 202.

§ 29-1-83. Land sold by the state to be assessed for taxes.

When a patent shall issue for public lands, the land commissioner shall notify the clerk of the chancery court and the tax assessor of the county in which it is situated of the fact, giving the name of the patentee, a description of the land, and the price per acre. Said land shall, after January 1st of the next year after issuance of patents, be assessed for taxes as other lands are.

HISTORY: Codes, 1892, § 2573; 1906, § 2911; Hemingway’s 1917, § 5246; 1930, § 6025; 1942, § 4107; Laws, 1942, ch. 235.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Liability of lands conveyed to drainage district or municipality for state and county taxes, see §§21-33-71,51-29-81,51-33-47.

Purchases by municipalities at state tax sales, see §21-33-73.

Transmission of list of lands on which patents have issued to county assessors, see §27-35-65.

Lands under contract for sale taxable, see §29-1-43.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

OPINIONS OF THE ATTORNEY GENERAL

After January 1 of the year following issuance of a patent, this section requires a tax assessor to assess the property conveyed by the patent regardless of whether the original patent has been recorded. McWhorter, May 21, 1999, A.G. Op. #99-0236

A chancery clerk may not collect back taxes on parcels that have been issued a land patent by the state as the back taxes were extinguished when the property was sold or struck off to the state. Peacock, Sept. 3, 2004, A.G. Op. 04-0299.

§ 29-1-85. Failure of title to public lands.

If the title to any public land sold by the state through the State Fiscal Officer or Secretary of State or by any municipality, except land forfeited to the state for the nonpayment of ad valorem taxes, shall fail, or shall have failed, the state or the municipality, as the case may be, shall refund the purchase-money to its vendee or his heirs or assigns; and if no profits have been received from the lands, then all taxes shall be returned also, and all fees paid, with interest at six percent (6%) per annum. Except as provided in this chapter, the question of failure of title can only be determined in a suit filed in the county in which the land is situated, and the Secretary of State or the municipality, as the case may be, shall be made a party to the suit. Where the failure of title shall have been caused by the cancellation of a contract or a patent issued by the state, or a deed from the municipality, under the requirements of any law or decree of a chancery court of this state, directing cancellation in favor of prior purchasers, or through the failure of the state’s title, or the title of the municipality, as the case may be, where the failure shall have been caused by the striking of the land from the state land rolls under the requirements of any law of this state, the failure of title so caused shall not be required to be determined by decree of court.

HISTORY: Codes, 1892, § 2588; 1906, § 2927; Hemingway’s 1917, § 5262; 1930, § 6045; 1942, §§ 4134, 4142; Laws, 1900, ch. 65; Laws, 1942, ch. 235; Laws, 1948, ch. 494, § 1; Laws, 2018, ch. 309, § 2, eff from and after passage (approved March 5, 2018).

Amendment Notes —

The 2018 amendment, effective March 5, 2018, rewrote the first sentence, which read: “If the title to any public land contracted for sale under Section 29-1-39 or sold by the state through the auditor or land office or by any municipality shall fail, or shall have failed, the state or such municipality, as the case may be, shall refund the purchase-money to its vendee or his heirs or assigns; and if no profits have been received from said lands, then all taxes shall be returned also, and all fees paid, with interest at six per centum per annum,” substituted “Secretary of State” for “Land Commissioner” in the second sentence, and made minor stylistic changes throughout.

Cross References —

Redemption of lands sold for taxes by mistake, see §27-45-13.

Lands acquired by the state through error, see §29-1-25.

Void tax sales, see §29-1-31.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

JUDICIAL DECISIONS

1. In general.

Where tax sale of land to state is void, it is immaterial in suit to cancel forfeited land tax patent as cloud on title that patent was obtained from the state in good faith for a fair price. Ellard v. Logan, 39 So. 2d 485 (Miss. 1949).

Judgment of circuit court in ejectment by patentee and grantee of other land patented by the state, in favor of parties in possession, affirmed on appeal for failure to perfect bill of exceptions, did not constitute res judicata in suit against state for the purchase money. Brown v. Creegan, 105 Miss. 146, 62 So. 11 (Miss. 1913).

One claiming under the holder of a certificate of purchase from the treasurer of the “Swamp Land Commissioners” who subsequently buys the land from the state by mistake is not entitled under this section [Code 1942, § 4142], or Code 1906, §§ 2916, 2947, to have the money used in the subsequent purchase refunded, there being no statute authorizing the same. See ch 73 laws 1894; ch 46 laws of 1896, and amended by ch 65 laws 1900, and ch 76 laws 1900, as amended by ch 74 laws 1902. Cohn v. Pearl River Lumber Co., 80 Miss. 649, 32 So. 292, 1902 Miss. LEXIS 311 (Miss. 1902).

This section [Code 1942, § 4142] as embodied in Code 1892, § 2588 as amended by the laws of 1896, p 60 (Code 1906, §§ 2927, 2928), applied only to sales made by the land commissioner after November 1, 1892. Holder v. Wineman, 76 Miss. 824, 25 So. 481, 1899 Miss. LEXIS 5 (Miss. 1899).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 52, 137.

§ 29-1-87. Patents cancelled where state has no title; refund to purchasers for cancelled patents; determination of failure of title.

  1. If the State of Mississippi, through the State Fiscal Officer or Secretary of State's office, has heretofore issued or shall hereafter issue a patent or patents for any lands to which the state holds no title, or which did not belong to it at the time of the issuance of the patent or patents, or any part of which land may have caved into the river before the issuance of the patent or patents, or by oversight or otherwise two (2) patents may have been or may hereafter be issued therefor, the Secretary of State shall investigate the case and report to the Attorney General, who, if he shall find the lands so patented did not belong to the state, shall so report to the Secretary of State. If the Secretary of State shall find that such lands or any part thereof had caved into the river before the issuance of the patent, or that the patentee did not acquire any land or title under the patent, he shall mark the patent or patents or, in case of the loss of the original, a certified copy of the patents, “cancelled,” and refund the purchaser the amount paid to and retained by the state for the cancelled patent or patents, if any. The Secretary of State shall certify all cancellations to the clerk of the chancery court of the county in which the patents have been recorded, and the clerk shall thereupon cancel the record of it. That part of the purchase price paid to local governmental entities by the Secretary of State shall be refunded to the purchaser of the lands by the local governmental entities that received the funds. Any fees paid to the local governmental entities shall be refunded to the purchaser by the recipient of the fees. When only a part of the purchase-money is refunded, it shall be first noted by the Secretary of State in ink across the face of the patent and then noted by the chancery clerk upon the record of patent, cancelling it in that proportion only.
  2. Except as provided in this chapter, the question of failure of title can only be determined in a suit filed in the county in which the land is situated, and the Secretary of State or municipality, as the case may be, shall be made a party to the suit. Where the failure of title shall have been caused by the cancellation of a contract or a patent issued by the state under the requirements of any law or decree of a chancery court of this state directing cancellation in favor of prior purchasers, or through the failure of the state’s title, as the case may be, where the failure shall have been caused by the striking of the land from the state land rolls under the requirements of any law of this state, the failure of title so caused shall not be required to be determined by decree of court.

HISTORY: Codes, 1906, § 2947; Hemingway’s 1917, § 5282; 1930, § 6046; 1942, § 4143; Laws, 1904, p. 183; Laws, 1942, ch. 235; Laws, 2018, ch. 309, § 3, eff from and after passage (approved March 5, 2018).

Amendment Notes —

The 2018 amendment, effective March 5, 2018, added (2); in (1), substituted references to “Secretary of State” for references to “Land Commissioner” throughout, in the first sentence, substituted “two (2) patents” for “two patents,” in the second sentence, substituted “and refund the purchaser the amount” for “and take them or a duly certified copy to the auditor of public accounts, who shall file the same as a voucher in his office and shall issue his warrant in favor of the patentee or his or her assignees, heirs, or representatives for the amount” and added “if any” at the end, rewrote the fourth sentence, which read: “That part of the purchase price paid to the county, levee board, or drainage district by the land commissioner shall be refunded to the purchaser of such lands by the board of supervisors of said county or the board of commissioners of said levee district or drainage board; and the costs and charges of the chancery clerk, sheriff, and tax collector shall be borne equally by the county and the state” and added the fifth sentence.

Cross References —

Lands acquired through error, see §29-1-25.

Lands mistakenly claimed by state stricken from tax list, see §29-1-27.

Lands mistakenly sold to state may be stricken, see §29-1-29.

Void tax sales stricken, see §29-1-31.

Handling of funds derived from sale of properties under provisions of this section, see §29-1-95.

JUDICIAL DECISIONS

1. In general.

In a case where a forfeited tax patent was set aside due to a conveyance of homestead property by a husband without a wife’s permission, a purchaser was not allowed to recover the amount paid for the property at a tax sale; the purchaser did not raise an issue under Miss. Code Ann. §29-1-87 before the trial court. Alexander v. Daniel, 904 So. 2d 172, 2005 Miss. LEXIS 370 (Miss. 2005).

Statute of limitations does not begin to run against right of patentee to a refund of the price of land to which the state did not have title until the land commissioner cancels the patent and presents it to the auditor. Wilson v. Naylor, 116 Miss. 573, 77 So. 606, 1917 Miss. LEXIS 346 (Miss. 1917).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 52, 122, 137.

§ 29-1-89. Certain entries cancelled.

If it appear to the land commissioner that any land has been sold and patented to several parties, he shall report the facts to the legislature, with information of the amount of purchase-money to be refunded, and ask for an appropriation therefor if, in his opinion, the state had received and ought to refund anything.

HISTORY: Codes, 1892, § 2585; 1906, § 2924; Hemingway’s 1917, § 5259; 1930, § 6048; 1942, § 4146.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the secretary of state.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 52, 137.

CJS.

73A C.J.S., Public Lands §§ 268 et seq.

§ 29-1-91. Taxes remain a charge on redeemed land.

If the state’s title to any land certified into the land office fail, and the land be reclaimed or redeemed before or after sale by the state, the taxes for which it was sold and the taxes for each subsequent year and all officers’ fees shall remain and become a charge upon the land as if it had been regularly assessed to the owner in each of said years.

If the title to any land purchased by any municipality under any provisions of Sections 21-33-69, 21-33-73, or 21-37-49 shall fail, and the land be reclaimed before or after any sale by the municipality, the municipal, municipal separate school, and/or special improvement or other taxes for which it was sold, and any and all of such taxes for any subsequent year, and all officers’ fees shall remain and become a charge upon such land, subordinate only to state and county taxes, as if it had been regularly assessed to the owner in each of said years.

HISTORY: Codes, 1892, § 3869; 1906, § 4376; Hemingway’s 1917, § 7015; 1930, § 6043; 1942, § 4140; Laws, 1948, ch. 494, § 2.

Cross References —

Reconveyance of lands acquired by error, see §29-1-25.

Striking lands acquired under void tax sales from lists of lands held by state for nonpayment of taxes, see §29-1-31.

§ 29-1-93. Fees of county officers.

The fees of all county officers allowed by law in connection with land sold to the state for taxes shall be paid by the state when such land shall be sold by the state. Upon such sale the land commissioner shall carefully calculate said fees and shall certify the same to the auditor who, if he finds the same correct, shall issue his warrants therefor to the proper persons; provided, that said fees shall lapse as to any land not sold within ten (10) years after the period of redemption has expired.

HISTORY: Codes, 1892, § 3868; 1906, § 4375; Hemingway’s 1917, § 7014; 1930, § 6042; 1942, § 4139; Laws, 1940, ch. 130.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Fees of sheriffs and tax collectors in connection with lands sold for taxes, see §§25-7-19,25-7-21.

JUDICIAL DECISIONS

1. In general.

2. Mandamus.

1. In general.

With respect to provisions that State Auditor should issue warrants for fees of county officers in connection with lands sold to State for taxes if Auditor found fees as calculated by Land Commissioner correct, “correct” referred to both facts and law, and Auditor was required to refuse to issue warrants both if calculation was wrong and if calculation was correct but claim was unauthorized by law. Thomas v. Price, 171 Miss. 450, 158 So. 206, 1934 Miss. LEXIS 284 (Miss. 1934).

2. Mandamus.

A plea of abatement to a mandamus action brought by the executrix of a deceased chancery clerk against the state auditor to compel him to issue a warrant for fees due the plaintiff decedent under this section [Code 1942, § 4139], in connection with land sold to the state for taxes, was wrongfully sustained on the ground that there was already pending in chancery court a suit by the state tax collector against such executrix, the deceased chancery clerk’s surety, the state treasurer and state auditor, to recover sums due the state from such deceased chancery clerk and to enjoin the state auditor from issuing a warrant for the alleged fees due such clerk, since the record of the pleadings in the chancery suit wherein the executrix was defendant disclosed that she was there only resisting the suit of the tax collector, and that a decree therein for her would result only in the dismissal of the bill of complaint against her and the other defendants therein, including the state auditor and state treasurer, and as against the auditor and treasurer her right vel non to the fees in question would be undetermined, and in the event the auditor should decline to issue a warrant to the executrix therefor, another mandamus proceeding against him would be necessary. Hutchens v. Craig, 189 Miss. 772, 198 So. 736, 1940 Miss. LEXIS 160 (Miss. 1940).

State Auditor has discretion and judgment in connection with payment of fees due county officers on land sold for taxes, so that county officer is not entitled to mandamus to compel Auditor to issue warrant without first bringing suit. Thomas v. Price, 171 Miss. 450, 158 So. 206, 1934 Miss. LEXIS 284 (Miss. 1934).

§ 29-1-95. County, municipality, public school district, drainage district and levee board taxes; funding of agency expenses; deposit of monies into State General Fund and use of monies so deposited.

  1. All taxes due the county, municipality, public school district, drainage district or levee board on lands sold to the state for taxes and listed into the Secretary of State’s office shall remain in abeyance until the land be sold, and thereafter such taxes shall be paid out of the purchase money; but state, county, municipality, public school district, drainage district or levee board taxes shall not accrue on such lands after the fiscal year in which it was certified to the state. Upon the payment of the purchase money of any tax land into the Treasury, the Secretary of State shall certify to the Department of Finance and Administration and to the Treasurer the amount of fees and costs allowed to the county tax collector and chancery clerk, as in cases of the redemption of lands from tax sales, under the provisions of Section 25-7-21; and the Department of Finance and Administration shall issue warrants in favor of such county tax collector and chancery clerk for the amount of such fees. The Secretary of State shall also certify to the Department of Finance and Administration and the Treasurer the amount of the county, municipality, public school district, drainage district and levee board taxes for which said land was sold to the state, and all taxes accruing on said land until the year in which it was certified to the state; and the Department of Finance and Administration shall issue warrants in favor of the proper county, municipality, public school district, drainage district, and levee board for the said four (4) years’ taxes. The balance of the purchase money shall be deposited into a special fund to be known as the “Land Records Maintenance Fund,” that is hereby created in the State Treasury. The fund shall be administered by the Secretary of State. Any amount on hand in said Land Records Maintenance Fund at the end of the fiscal year that is not necessary to pay any obligations to local governmental units set out in this subsection shall, after June 30 of each year, be transferred to the General Fund, and shall not be authorized for expenditure by the Secretary of State to reimburse or otherwise defray the expenses of any office administered by the Secretary of State.
  2. If, after the payment of the fees and costs allowed to the county tax collector and the chancery clerk, as aforesaid, the balance of the purchase money of any tax land paid into the Treasury shall be insufficient to cover the amount of the state, county, municipality, public school district, drainage district or levee board taxes due thereon, or if the records of the Secretary of State fail to show the amount of state, county, municipality, public school district, drainage district or levee board taxes accruing for the years until said land was certified to the state, on lands sold by the Secretary of State, he shall apportion the balance of the purchase money derived from the sale of such lands between the state, county, municipality, public school district, drainage district and levee board upon the basis of the amount of taxes due the state, county, municipality, public school district, drainage district and levee board, respectively, at the time said land was struck off to the state for delinquent taxes by the sheriff and tax collector, and for which said lands were struck off to the state.
  3. All funds derived from the sale of properties under the provisions of Sections 7-11-15, 29-1-27, 29-1-29, 29-1-35, 29-1-37, 29-1-53 through 29-1-57, 29-1-73 and 29-1-81 through 29-1-87 shall be handled in the manner provided herein for funds derived from the sale of lands.
  4. From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law. The requirements of this subsection (4) shall not apply to disbursements made to local governmental units from the Land Records Maintenance Fund, and to any funds which by law are to be collected and deposited to the Land Records Maintenance Fund.
  5. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section. This prohibition shall not apply to payments made from the Land Records Maintenance Fund provided for in subsection (1) of this section.

HISTORY: Codes, 1892, § 3867; 1906, § 4374; Hemingway’s 1917, § 7013; 1930, § 6044; 1942, § 4141; Laws, 1936, ch. 174; Laws, 1942, ch. 237; Laws, 1988, ch. 348; Laws, 1990, ch. 574, § 1; Laws, 1993, ch. 358, § 1; Laws, 2016, ch. 459, § 47; Laws, 2017, 1st Ex Sess, ch. 7, § 17, eff from and after passage (approved June 23, 2017).

Editor’s Notes —

Laws of 2016, ch. 459, § 1, codified as §27-104-201, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Budget Transparency and Simplification Act of 2016.’ ”

Amendment Notes —

The 2016 amendment added (4) and (5).

The 2017 amendment, effective June 23, 2017, rewrote the last three sentences of (1), which read: “The balance of the purchase money shall be deposited into a special fund to be known as the ‘Land Records Maintenance Fund,’ that is hereby created in the State Treasury and shall be used for the restoration, preservation and maintenance of the records of state-owned land and the disposition of lands sold to the state for taxes. The fund shall be administered by the Secretary of State. Any amount on hand in said Land Records Maintenance Fund at the end of the fiscal year shall not lapse into the State General Fund”; added the last sentence of (4); and added the last sentence of (5).

Cross References —

Prohibition against one state agency charging another state agency fees, etc., for services or resources received, see §27-104-203.

Defrayal of expenses of certain state agencies by appropriation of Legislature from General Fund, see §27-104-205.

JUDICIAL DECISIONS

1. In general.

Where land is sold to the state for taxes, county and levee district taxes remain in abeyance until redemption or sale by state. Carrier Lumber & Mfg. Co. v. Quitman County, 156 Miss. 396, 124 So. 437, 125 So. 416, 1929 Miss. LEXIS 364 (Miss. 1929).

§ 29-1-97. Lien of drainage district or municipality not abated.

When any land is situated in a drainage district and is subject to any special drainage district assessment which is secured by a lien on said land, such lien shall not be abated or cancelled on account of the sale of such land to the state for delinquent taxes, but such lien shall be held in abeyance during the period the property is owned by the state and, immediately upon the title to the land passing from the state by virtue of a sale, such lien shall again become effective. And, likewise, when any land is situated in a municipality and is subject to any special municipal benefit assessment which is secured by a lien on the land, such lien shall not be abated or cancelled on account of the sale of such land to the state for delinquent taxes, but such lien shall be held in abeyance during the period such property is owned by the state and, immediately upon the title to the state passing from the state by virtue of a sale, such lien shall again become effective.

HISTORY: Codes, 1942, § 4090; Laws, 1936, ch. 174.

Cross References —

Municipal special assessments as liens, see §21-41-21.

Sale of lands for unpaid drainage district taxes, see §51-29-81.

Provision that drainage district assessment shall be lien, see §51-31-53.

JUDICIAL DECISIONS

1. In general.

Code 1942, § 9697, exempting from taxation property belonging to the state or to any county, levee board or municipal corporation thereof, was never intended to abate an existing judgment lien as fixed by final decree of the chancery court against land subsequently purchased by the state or one of its subdivisions. Willis Creek Drainage Dist. v. Yazoo County, 209 Miss. 849, 48 So. 2d 498, 1950 Miss. LEXIS 449 (Miss. 1950).

A county, on becoming a voluntary purchaser of drainage district lands encumbered by a statutory judgment for assessments, does not acquire such lands free of the lien despite the fact that the lands are to be used for a public purpose. Willis Creek Drainage Dist. v. Yazoo County, 209 Miss. 849, 48 So. 2d 498, 1950 Miss. LEXIS 449 (Miss. 1950).

This section [Code 1942, § 4090] is designed for the protection of the drainage district and to prevent impairment of its contract with bondholders who may have supplied funds for draining and improvement of lands against which the lien attaches. Willis Creek Drainage Dist. v. Yazoo County, 209 Miss. 849, 48 So. 2d 498, 1950 Miss. LEXIS 449 (Miss. 1950).

A statute providing for continuance of special municipal benefit assessment lien after sale of land subject to lien to the State and resale is within power of legislature, which has entire control of sale of State lands. City of Biloxi v. Lowery, 179 Miss. 364, 175 So. 200, 1937 Miss. LEXIS 35 (Miss. 1937).

Provision of this seciton [Code 1942, § 4090] that the Act should not affect claim or right arising prior to adoption of the Act did not make the Act inapplicable to resale by State, after adoption of the Act, of land purchased prior thereto, since only right or claim affected was that of State, which was benefited by continuance of lien of its governmental agency. City of Jackson v. Howie, 179 Miss. 251, 175 So. 198, 1937 Miss. LEXIS 34 (Miss. 1937).

Provision herein for continuance of special municipal benefit assessment lien after sale of land subject to lien to the State and resale would apply to resale, after statute’s adoption, of land purchased by State prior thereto. City of Jackson v. Howie, 179 Miss. 251, 175 So. 198, 1937 Miss. LEXIS 34 (Miss. 1937).

OPINIONS OF THE ATTORNEY GENERAL

Should a county take title to a tract of land, it would take title, subject to a special assessment tax lien thereon. Campbell, Sept. 15, 2006, A.G. Op. 06-0434.

§ 29-1-99. Easements for flood control, etc.

The land commissioner of the State of Mississippi, with the approval of the governor, is hereby authorized and empowered to grant or donate easements in and to the public lands of the state to any drainage district, flood control district, or to any county in this state, or to the United States or to any agency thereof, for the construction and the maintenance of flood control canals and ditches, or drainage canals and ditches, or other flood control or drainage instrumentalities.

HISTORY: Codes, 1942, § 4114; Laws, 1940, ch. 211.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Easements for pipelines, see §29-1-101.

RESEARCH REFERENCES

Am. Jur.

20 Am. Jur. Pl & Pr Forms (Rev), Public Lands, Form 11.1 (petition or application – for grant of right – of – way on public land).

§ 29-1-101. Easements for pipe lines.

The Secretary of State, for and on behalf of the state, may convey an easement or easements for the construction and maintenance of pipe lines in, on, under, and across all of the state land owned (including that submerged or wherever the tide may ebb and flow) now or hereafter acquired, excepting, however, state highway rights-of-way, sixteenth section school land, lieu lands, and forfeited tax land and property the title to which is subject to any lawful redemption, and excepting the state land comprising the old asylum property located in the City of Jackson, property of the Department of Mental Health, the Parchman Penitentiary property located in Sunflower County, Mississippi, and all other Penitentiary property, to any person, firm, or corporation constructing or operating a refinery for the refining of oil, gas, or petroleum products in the state, or to any person, firm, or corporation transporting by pipe line any substance to or from any such refinery in this state, for such consideration as the Secretary of State deems just and proper, which shall be subject to approval by the Secretary of State, the Governor, and the Attorney General of the state, for easements in, on, under, and across the state-owned land.

HISTORY: Codes, 1942, § 4114-01; Laws, 1962, ch. 617, § 1; Laws, 2008, ch. 442, § 12, eff from and after July 1, 2008.

Amendment Notes —

The 2008 amendment substituted “Secretary of State” for “state land commissioner is hereby authorized and empowered,” “may convey an easement” for “to convey an easement,” “property of the Department of Mental Health” for “the new asylum property located in Rankin County, Mississippi” and “consideration as the Secretary of State deems just and proper, which shall be subject to approval by the Secretary of State” for “consideration as said land commissioner shall deem just and proper, which shall be subject to approval by the land commissioner”; and made minor stylistic changes throughout.

Cross References —

Constitutional provision regarding sale of lands to private corporations or individuals, see Miss. Const. Art. 4, § 95.

Other duties and powers of Secretary of State, see §7-11-11.

Mineral leases of sixteenth section lands, see §29-3-99.

Construction and operation of facilities for exploration, production, or transportation of oil or gas in navigable waters, see §53-3-71.

Safety standards for gas pipelines and distribution systems, see §§77-11-1 et seq.

RESEARCH REFERENCES

Am. Jur.

20 Am. Jur. Pl & Pr Forms (Rev), Public Lands, Form 11.1 (petition or application – for grant of right – of – way on public land).

15 Am. Jur. Legal Forms 2d, Pipelines § 203:22 (grant of easement to lay and operate pipeline).

§ 29-1-103. Liability for damages in construction of pipe lines.

No such pipe line shall be built or constructed in a manner to be dangerous to persons or property, nor in a manner to interfere with the common use of public lands, and the owner of any such pipe line shall be responsible in damages for any injury caused by construction or use of such pipe line.

HISTORY: Codes, 1942, § 4114-02; Laws, 1962, ch. 617, § 2, eff from and after passage (approved March 13, 1962).

Cross References —

Easements for pipelines over public lands, see §29-1-101.

RESEARCH REFERENCES

Am. Jur.

15 Am. Jur. Legal Forms 2d, Pipelines §§ 203:71 et seq. (liability for damages; indemnification).

§ 29-1-105. Restrictions on construction or use of pipe lines.

The right to construct or use any such pipe line in, on, under, or across land which is submerged or whereover the tide may ebb and flow shall be subject to the following:

The paramount right of the United States to control commerce and navigation; and

The right of the public to make free use of the waters; and

The restrictions and prohibitions contained in Section 81 of the Mississippi Constitution of 1890.

HISTORY: Codes, 1942, § 4114-03; Laws, 1962, ch. 617, § 3, eff from and after passage (approved March 13, 1962).

Cross References —

Obstruction of navigable waters and authorization of certain construction projects, see Miss. Const. Art. 4, § 81.

Easements for construction of pipelines over public lands, see §29-1-101.

Liability for damages in construction of pipelines, see §29-1-103.

§ 29-1-107. Leasing or renting of surface and submerged lands.

  1. The Secretary of State with the approval of the Governor shall, as far as practicable, rent or lease all lands belonging to the state, except as otherwise provided by law for a period of not exceeding one (1) year, and account for the rents therefrom in the same manner as money received from the sale of state lands, provided that no state land shall be rented or leased to individuals, corporations, partnerships, or association of persons for hunting or fishing purposes. Property belonging to the state in municipalities, even though it may have been subdivided into lots, blocks, divisions, or otherwise escheated or was sold to the state by such description, may likewise be leased or rented by the Secretary of State under the terms provided above for other state lands, and the rents accounted for in the same manner. The state shall have all the liens, rights and remedies accorded to landlords in Sections 89-7-1 through 89-7-125; said leases and rental contracts shall automatically terminate on the date provided in said leases or contracts.
    1. The Secretary of State, with the approval of the Governor, may rent or lease surface lands, tidelands or submerged lands owned or controlled by the State of Mississippi lying in or adjacent to the Mississippi Sound or Gulf of Mexico or streams emptying therein, for a period not exceeding forty (40) years for rental payable to the state annually. However, the term of any lease of state public trust tidelands to a person possessing a license under the Mississippi Gaming Control Act shall be governed by the provisions of subsection (4) of this section.
    2. The lessee under such agreement may construct such necessary items for marking channels, docking, wharfing, mooring or fleeting vessels which shall be in aid of navigation and not obstructions thereto.
    3. A lessee of record may be given the option to renew for an additional period not to exceed twenty-five (25) years; however, the term of a renewal for a lease of state public trust tidelands to a person possessing a gaming license under the Mississippi Gaming Control Act shall be governed by the provisions of subsection (4) of this section. The holder of a lease of public trust tidelands, at the expiration thereof, shall have a prior right, exclusive of all other persons, to re-lease as may be agreed upon between the holder of the lease and the Secretary of State.
    4. Leases shall provide for review and rent adjustments at each fifth anniversary tied either to the All Urban Consumer Price Index-All Items (CPI) or to an appraisal which deducts the value of any improvements by the lessee which substantially enhance the value of the land. In the case where the initial rental was based on the value set by the ad valorem tax rolls, then the rent review and adjustment clause shall be likewise based on the value set by such tax rolls. In the event that the lessor and lessee cannot agree on a rental amount, the lease may be cancelled at the option of the lessor. The lessee shall, within thirty (30) days after execution of a sublease or assignment, file a copy thereof, including the total consideration therefor, with the Secretary of State. This paragraph shall not apply to a lease of state public trust tidelands or submerged lands to a person possessing a gaming license under the Mississippi Gaming Control Act who operates a gaming establishment on such tidelands.
  2. Provided, however, the current occupants of public trust tidelands that were developed after the determinable mean high-water line nearest the effective date of the Coastal Wetlands Protection Law shall pay an annual rental based on the fair market value as determined by the assessed valuation of the property. The holder of a lease of public trust tidelands, at the expiration thereof, shall have a prior right, exclusive of all other persons, to re-lease as may be agreed upon between the holder of the lease and the Secretary of State.
    1. This section shall apply to any person possessing a license under the Mississippi Gaming Control Act who operates a gaming establishment in any of the three (3) most southern counties of the state.
    2. The following shall apply to all leases of state public trust tidelands executed by such a licensee:
      1. Every lease executed after August 29, 2005, shall be for a period of thirty (30) years for rental payable to the state annually.
      2. By operation of this section, any lease executed before August 29, 2005, may, at the option of the lessee, either remain at the term stated in the original execution of the lease or be converted to a thirty-year term lease, beginning on such date after August 29, 2005, that the lessee either resumes or begins permanent gaming activities as approved by the Mississippi Gaming Commission, and the lessee shall be required to comply with all other provisions of the lease. Should the lessee choose to operate in a structure that is not on state public trust tidelands and that is on property contiguous to tidelands leased by the lessee, the lessee shall be required to comply with all other provisions of the lease and shall be exempt from the assessment provided for in paragraph (c) of this subsection. Easements for and rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property. In the event that a lessee does not elect either to remain bound by the original term of the lease or to convert the lease to a thirty-year term, the Secretary of State may lease the state public trust tidelands that are the subject of the lease to any other person or entity.
      3. Leases shall provide for review and rent adjustments at each annual anniversary tied to the All Urban Consumer Price Index-All Items (CPI). In the case of the renewal of a lease after the expiration of the original thirty-year term under this subsection, each renewal shall be for a term of thirty (30) years. The base rate to which the CPI shall apply for purposes of executing the subsequent lease shall be negotiated by the lessee with the Secretary of State.
    3. For calendar year 2006, the annual in-lieu tidelands assessment paid by the licensee to the fund shall be:

      1. Four Hundred Thousand Dollars ($400,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is Fifty Million Dollars ($50,000,000.00) or less.

      2. Four Hundred Fifty Thousand Dollars ($450,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Fifty Million Dollars ($50,000,000.00) but less than Sixty Million Dollars ($60,000,000.00).

      3. Five Hundred Thousand Dollars ($500,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Sixty Million Dollars ($60,000,000.00) but less than Seventy-five Million Dollars ($75,000,000.00).

      4. Six Hundred Thousand Dollars ($600,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Seventy-five Million Dollars ($75,000,000.00) but less than One Hundred Million Dollars ($100,000,000.00).

      5. Seven Hundred Thousand Dollars ($700,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than One Hundred Million Dollars ($100,000,000.00) but less than One Hundred Twenty-five Million Dollars ($125,000,000.00).

      6. Seven Hundred Fifty Thousand Dollars ($750,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than One Hundred Twenty-five Million Dollars ($125,000,000.00).

      For each calendar year thereafter, the Secretary of State shall review and adjust the value of the capital investment and the annual in-lieu tidelands assessment due. Such review and adjustment shall be tied to the CPI.

      1. Except as otherwise provided in this paragraph, any person possessing a license under the Mississippi Gaming Control Act who does not lease public trust tidelands from the state or any of its political subdivisions, and who operates a gaming establishment in any of the three (3) most southern counties of the state, shall pay an annual in-lieu tidelands assessment to the Public Trust Tidelands Assessments Fund (hereinafter referred to as “fund”) created in Section 29-15-10, in the amount and manner provided for in this paragraph.
      2. This paragraph shall not apply to a gaming licensee if the licensee conducts gaming in a structure that is located on property that is leased from the Mississippi State Port at Gulfport or any political subdivision of the state, or to a licensee who conducts gaming in a structure that is located on property that is leased to the licensee jointly by the State of Mississippi and the City of Biloxi; however, with regard to property owned by a political subdivision of the state, this exception shall only apply to property owned by the political subdivision on August 29, 2005, if legal gaming could have been conducted on such property on that date.
      3. This paragraph shall not apply to a gaming licensee if the licensee conducts gaming in a structure that is located on property that is not leased from the State of Mississippi and/or a political subdivision of the State of Mississippi and is not on state public trust tidelands, and if the licensee conducted gaming on that property before August 29, 2005.

HISTORY: Laws, 1986, ch. 454; Laws, 1989, ch. 495, § 8; Laws, 2005, 5th Ex Sess, ch. 15, § 1, eff from and after passage (approved Oct. 17, 2005).

Amendment Notes —

The 2005 amendment, 5th Ex Sess, ch. 15, rewrote the section.

Cross References —

Manner of distribution of funds derived from lease rentals of tidelands and submerged lands, see §29-15-9.

Responsibility of lessee of tidelands or submerged lands for any tax levy on leasehold interest, see §29-15-11.

Exemption of certain uses of tidelands and submerged lands from any use or rental fees, see §29-15-13.

Leasing of certain state lands for hunting, fishing and conservation purposes, see §49-7-137.

Coastal Wetlands Protection Law, see §§49-27-1 et seq.

Applicability of this section to the leasing of certain submerged lands and tidelands belonging to the State lying between the East and West Pascagoula Rivers, see §59-1-17.

Mississippi Gaming Control Act, see §§75-76-1 et seq.

Leasing waters for the purposes of aquaculture or the production of aquatic products, see §79-22-23.

JUDICIAL DECISIONS

1. Discretion of Secretary of State.

Despite the approval of the Mississippi Gaming Commission of a site for gaming, the Secretary of State’s decision to deny the public trust tidelands lease was made within the discretion granted to him; the Secretary of State had the final decision-making authority concerning the proposed public trust tidelands lease, and the Secretary of State had the responsibility of preserving the public trust tidelands for the people of the State of Mississippi. Columbia Land Dev., LLC v. Sec'y of State, 868 So. 2d 1006, 2004 Miss. LEXIS 286 (Miss. 2004).

OPINIONS OF THE ATTORNEY GENERAL

The Secretary of State has the authority to require the City of Long Beach and the Long Beach Port Commission to enter into a tidelands lease for water bottoms located within the commission harbor. Grisson, July 27, 1999, A.G. Op. #99-0253.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands § 67.

CJS.

73A C.J.S., Public Lands § 197.

Law Reviews.

Jarman and McLaughlin, A higher purpose? The constitutionality of Mississippi’s public trust tidelands legislation. 11 Miss. C.L. Rev. 5, Fall 1990.

§ 29-1-109. Fees or commissions prohibited for collecting rent on state-owned property.

It shall be unlawful for any officer or employee of the State of Mississippi or any department, institution, or agency thereof to pay or authorize the payment of any fee, commission, or compensation whatsoever to any person for the collection of rents arising from any property owned by the State of Mississippi or any department, institution, or agency thereof. Any person who shall pay or authorize the payment of any such fees, commissions, or compensation shall be civilly liable to the State of Mississippi in double the amount of the fees, commissions, or other compensation so paid.

HISTORY: Codes, 1942, § 4095.5; Laws, 1950, ch. 558.

§ 29-1-111. Duplicate of conveyance issued.

When any conveyance or any release upon redemption made by the auditor or the land commissioner shall be lost or destroyed, upon the application of the person interested, the land commissioner may make another conveyance or release of the same land to the person to whom the first was made. The latter shall be in lieu of the former, shall be marked “duplicate,” and shall have the same effect.

HISTORY: Codes, 1892, § 3858; 1906, § 2938; Hemingway’s 1917, § 5273; 1930, § 6050; 1942, § 4148.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Lost records generally, see §25-55-3.

§ 29-1-113. Presumption of patent in absence of record.

Whenever a sale of land for delinquent taxes to the state has been certified to the state land commissioner for more than twenty-five (25) years and there is no record in the land commissioner’s office of said lands having been patented out of the state, there shall arise a presumption that said land has been duly patented out of the state. The land commissioner, with the consent of the attorney general, upon application of anyone claiming title to said land and upon his furnishing proof that the taxes to the state and county have been paid on said land for each year for the past ten (10) years, is hereby authorized to strike said sale, which striking shall be a disclaimer of all right, title, or interest which the State of Mississippi has in such lands.

HISTORY: Codes, 1942, § 4148.5; Laws, 1948, ch. 491; Laws, 1950, ch. 314.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office” and “land office” shall mean the Secretary of State.

§ 29-1-115. Presumption of validity of patents of forfeited tax land.

Whenever any forfeited tax land patent has been issued by the state for a period of at least ten (10) years, and the patentee has paid into the state treasury the price fixed by the land commissioner, and all taxes accruing and payable upon the land described in such patent subsequent to the issuance thereof have been paid, it shall be presumed that in the procurement of such patent the patentee paid a valid, legal, and adequate consideration therefor, complied with all the requirements of law, and practiced no fraud upon the state, and that such patent is a valid and legal patent; and said state shall thereafter be forever precluded and estopped from questioning the validity of such patent.

HISTORY: Codes, 1942, § 4106.5; Laws, 1950, ch. 323.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 52, 137.

CJS.

73A C.J.S., Public Lands §§ 268 et seq.

§ 29-1-117. Titles and claims vacated and relinquished.

All apparent title and claims of the State of Mississippi to and for lands on account of their sale for delinquent taxes prior to the sales under the Abatement Act of 1875, now held by the state, are hereby vacated and relinquished, leaving the apparent title in those who would have been the owners of the land had not such sales been made, as was the intent and purpose of said act.

HISTORY: Codes, Hemingway’s 1917, § 5285; 1930, § 6049; 1942, § 4147; Laws, 1910, ch. 154.

§ 29-1-119. Patents to issue in certain cases.

Where the records of the land office or any office in the state show that full payment was made for any of the lands which were described in the act approved March 2, 1875, and which were leased under the authority of said act by the secretary of state on December 18, 1875, for ninety-nine (99) years from that time, the land commissioner, on application of the lessee or persons holding under him and the payment of the fee prescribed for such patents, shall issue to such lessee a patent which shall vest in him or his heirs, devisees, or assigns title for the unexpired time of such lease to such lands as prescribed by said act of March 2, 1875, and shall inure to the person entitled under the said lease, whether he be living or dead.

HISTORY: Codes, 1906, § 2929; Hemingway’s 1917, § 5264; 1930, § 6051; 1942, § 4149; Laws, 1900, ch. 66.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

§ 29-1-121. Agent to collect fund due state.

The Governor may contract with and appoint an agent for the collection of any funds due by the federal government to the State of Mississippi on account of the sale of any land made or hereafter to be made or located or disposed of by the United States, for cash or bounty land warrants or land scrip or certificates of any kind or agricultural college scrip, and to all lands allotted to Indians in severalty, including former and existing Indian, military, or other reservations in said state, and he may allow him such reasonable compensation as may be agreed upon, to be paid only out of funds actually collected by him.

HISTORY: Codes, 1906, § 2928; Hemingway’s 1917, § 5263; 1930, § 6054; 1942, § 4152; Laws, 1896, ch. 49.

Cross References —

Governor’s authority to order suits to be brought in foreign jurisdiction to recover moneys due the state, see §7-1-33.

RESEARCH REFERENCES

Am. Jur.

14 Am. Jur. Pl & Pr Forms (Rev), Indians, Form 4.1 (complaint, petition, or declaration – by motor fuel dealer – to recover motor fuel taxes wrongfully assessed by state agency against sales on Indian reservation).

22 Am. Jur. Pl & Pr Forms (Rev), Sales and Use Taxes, Form 5.1 (complaint, petition or declaration – for declaratory relief from sales tax levy – taxes assessed on nontaxable transactions – motor fuel taxes wrongfully assessed by state agency against sales on Indian reservations).

22 Am. Jur. Pl & Pr Forms (Rev), State and Local Taxation, Form 402.1.1 (complaint, petition, or declaration – for declaratory relief from sales tax levy – motor fuel taxes wrongfully assessed by state agency against sales on Indian reservations).

§ 29-1-123. Lists of tax lands prepared; copies to counties.

Immediately after March 26, 1936, it shall be the duty of the land commissioner to prepare or cause to be prepared accurate and complete lists of all lands in each county which have been forfeited to the state for the nonpayment of taxes, the title to which has matured in the state. Such lists shall be prepared for each county separately and embrace and include all lands heretofore sold to the state for delinquent taxes in such county and now held or claimed by the state; and such lists shall be made up in the regular order of townships, ranges, and sections as now appearing on the records of his office. Such lists shall show the date of the tax sale to the state, the amount of taxes, damages, costs, and special assessments of every kind whatsoever for which such lands were sold. No lands heretofore stricken by the land commissioner, with the approval of the Attorney General, from the lists of lands sold to the state for delinquent taxes in his office under the provisions of Section 29-1-31 of the Mississippi Code of 1972 shall be included in the lists of lands to be compiled under the provisions of this section.

Such lists, when completed, shall be examined by the Attorney General; and the land commissioner, with the approval of the Attorney General, shall strike from such lists and from the land book or books in his office all lands which, by reason of insufficient description or other cause, in the opinion of the Attorney General are not the property of the state. The title to the state to such lands as may be thus stricken off shall be thereby relinquished. When such lists shall have been completed, they shall be duly recorded by the land commissioner in a record book provided by him for that purpose in his office, the lists of such lands for each county to be recorded in a separate book, and the land commissioner shall certify to the correctness of such lists as thus recorded.

The land commissioner, after recording in his office such lists of lands sold to the state for delinquent taxes and held or claimed by the state, shall prepare and mail to the chancery clerk of the county in which such lands are situated a certified copy of such lists under the seal of the land office, and the chancery clerk shall record the same in a separate record book in his office provided for that purpose. In counties having two (2) judicial districts, such lists shall be recorded in the office of the chancery clerk of each such judicial district. For recording such lists, the chancery clerk shall be allowed Five Cents (5¢) for each tract of land formerly included as a single assessment embraced in such lists, to be paid out of the county treasury upon allowance of the board of supervisors.

HISTORY: Codes, 1942, § 4077; Laws, 1936, ch. 174.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Certification by chancery clerk to Secretary of State of all lands struck off to the state for taxes which have not been redeemed, see §27-45-21.

Striking from tax list lands mistakenly claimed by state, see §29-1-27.

JUDICIAL DECISIONS

1. In general.

Where an action was brought in 1945 against the state to confirm a forfeited tax land patent and there was an adjudication of validity of the patent, and that though fraud had been perpetrated, the land commissioner and attorney general properly refused to cancel the tax sale to state and patent issued thereunder in an action brought therefor in 1949 by the heirs of the original owner of forfeited lands. Carney v. Anderson, 214 Miss. 504, 58 So. 2d 13, 1952 Miss. LEXIS 494 (Miss. 1952).

§ 29-1-125. Collection of sums due state arising from mineral interests.

The State Tax Commission is authorized, empowered, and directed to collect and receive any and all sums of money due the State of Mississippi as royalties or other returns arising as a result of the ownership of tax-forfeited lands, title to which is vested in the state and which lands have not been sold; and the commission is further authorized, empowered and directed to determine the interest of the state in any royalties or other mineral interests due it and accruing or arising from ownership, lease, or otherwise, excepting only lands owned by the state and its institutions which are under the control of a legally constituted board of trustees or other agency having the power to enforce all the rights of the state.

HISTORY: Codes, 1942, § 4078-01; Laws, 1950, ch. 560, § 1.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Department of Revenue generally, see §§27-3-1 et seq.

Sales price of tax forfeited lands, see §29-1-33.

Information to be furnished to state tax commission, see §29-1-133.

State’s lien on minerals for sums due it, see §29-1-135.

Powers and duties of attorney general relating to public lands, buildings and property, see §29-1-137.

Jurisdiction of chancery court, see §29-1-143.

Mineral leases of sixteenth sections, see §29-3-99.

§ 29-1-127. Reports as to mineral interests and payment of royalties and other returns.

  1. It shall be the duty of any and all persons, firms, or corporations having any interest in the lands described in Section 29-1-125, or in minerals produced from said lands, when requested, to report to the State Tax Commission, on forms furnished and prescribed by it, full information with respect to the interest held, claimed, or owned and of any oil, gas, sulphur, or other mineral products which have been produced or transported by such person, firm, or corporation, and all pertinent or necessary information with respect thereto. Such reports shall be made regardless of the kind of title or interest held, whether as tenant, lessee, producer, purchaser, or transporter. All parties or persons shall pay the State Tax Commission, as agent of the state, any royalties or other returns due the state by reason of its ownership of lands or any interest therein, and shall make full and complete disclosure of all pertinent facts with respect to such matters.
  2. Any person responsible for the payment of royalties or other returns and the distribution of royalties or other returns shall make a report on or before the tenth day of each month, on forms prescribed and furnished by the commission, showing for each oil, gas, or sulphur well or any gravel pit or quarry the total quantity of oil, gas, or other minerals produced in the preceding month, the value in money, the name and address of each person receiving or entitled to receive royalties or other returns, the name and address of the person or persons receiving or purchasing the output of the well, pit, or quarry, and other information required by the commission. The report shall show the quantity and value in money of the product which is owned by the state as owner of the title to the land, and shall remit with the report the total amount due the state. Remittance may be by check or bank draft, but this shall not be a discharge of the debt until the state has received the amount in legal tender.

HISTORY: Codes, 1942, § 4078-02; Laws, 1950, ch. 560, §§ 2, 3.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Department of Revenue generally, see §§27-3-1 et seq.

Monies received or collected by State Tax Commission under this section to be separately accounted for, see §29-1-129.

§ 29-1-129. Accounting for and disposition of monies collected or received.

All monies received or collected by the State Tax Commission under Sections 29-1-125 through 29-1-143 shall be separately accounted for and a permanent record made thereof, showing all proper and necessary details as to the source from which collected, the payor, the quantity, kind, and value of products for which paid, and the description of lands from which severed if the state is the owner of the lands, or the royalties; and it shall issue receipts therefor to the person or persons paying the money. All money collected and received shall be deposited in the bank and paid into the general fund of the state on or before the 10th day of the month following the collection.

HISTORY: Codes, 1942, § 4078-03; Laws, 1950, ch. 560, § 4.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Department of Revenue generally, see §§27-3-1 et seq.

§ 29-1-131. Powers and duties of Department of Revenue.

The commission is hereby empowered and authorized to do and require to be done the following things:

Prepare and furnish all necessary forms for use by persons making reports as required by Sections 29-1-125 through 29-1-143; to adopt and issue rules and regulations for the purpose of carrying out the provisions of said sections and for the collection of all sums due the state under the provisions hereof; and to provide for orderly and reasonable procedure for details and for situations which arise from time to time.

To require the state land commissioner to furnish all needed data available in his office.

To require the state oil and gas board to furnish all needed data available in its office.

To require any owner, producer, purchaser, or transporter of any oil, gas, or other minerals to furnish any needed and useful information pertinent to the administration of the cited sections, and in the possession of any such parties; and to require the said persons to furnish monthly reports with respect to current operations.

To require any chancery clerk, or other officer in the state having public records, to furnish copies of any needed and useful information or record in his possession.

Any member of the commission or its authorized agents shall have the authority to examine any book, paper, record, or other data when considered necessary or useful in the administration of the aforesaid sections, and this shall include the right to examine the records of any bank, any common carrier, or any dealer in materials or merchandise commonly used in the severance of oil, gas, or other minerals from land; the commission shall have the right to summon any person as a witness to testify to any pertinent fact; and the commission, through the Attorney General, may have proceedings instituted in the proper court to compel compliance with the foregoing provisions.

Make use of any tax return in its possession, when such return contains information relative to matters connected with the administration of said sections.

HISTORY: Codes, 1942, § 4078-04; Laws, 1950, ch. 560, § 5.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land officer,” and “land office” shall mean the Secretary of State.

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Powers of Department of Revenue generally, see §§27-3-1 et seq.

§ 29-1-133. Information to be furnished to State Tax Commission.

The state land commissioner and the state oil and gas board shall furnish, when requested by the commission, a certified copy of any document, record, letter, or other data needed and useful in the administration of Sections 29-1-125 through 29-1-143, and shall give any information that they have with respect to matters in controversy. The state land commissioner shall furnish a list of all state owned lands shown by the records in his office, if the lands are located in a county or in counties adjoining a county in which is located any oil or gas field in the state.

HISTORY: Codes, 1942, § 4078-05; Laws, 1950, ch. 560, § 6.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office,” shall mean the Secretary of State.

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

State oil and gas board generally, see §§53-1-1 et seq.

RESEARCH REFERENCES

ALR.

Names and addresses of witnesses to accident or incident as subject of pretrial discovery. 37 A.L.R.2d 1152.

§ 29-1-135. Lien of state.

The state shall have a lien on all oil, gas, or other minerals produced from any land owned by it or in which it has any interest, and this lien shall exist and continue against such oil, gas, or other minerals when in the hands of the first owner after severance, the producer, lessee, or transporter. If any of said parties fail to make provision for the payment of the sums due the state, they shall be personally liable, individually and severally, to the state for all sums lawfully due to it.

HISTORY: Codes, 1942, § 4078-06; Laws, 1950, ch. 560, § 7.

§ 29-1-137. Powers and duties of Attorney General.

The Attorney General of the state shall act as attorney for the commission and shall advise it as to all questions arising in connection with the administration of Sections 29-1-125 through 29-1-143, and as to all matters in controversy. He shall represent the commission in any and all suits at law or equity arising from the administration of said sections, and shall bring suit for the collection of any sum due the state on behalf of the commission, as the agent of the state, in all cases which he believes the conditions warrant suit. He may, if deemed advisable, sue in his own name as the chief law officer of the state. He shall represent the commission in all cases involving the title of lands in question, and on any and all other matters arising from the administration of the cited sections.

The Attorney General may request and direct any district attorney to aid in the trial of any suit in the district which he serves and, when so requested, the district attorney shall assist in the conduct and trial of any suit in his district; but the Attorney General shall prepare all bills, declarations, and pleadings.

HISTORY: Codes, 1942, § 4078-07; Laws, 1950, ch. 560, § 8.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Attorney General’s duty to render legal opinions, see §7-5-25.

Prosecution of suits by the Attorney General, see §7-5-37.

Department of Revenue generally, see §§27-3-1 et seq.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 106 et seq.

§ 29-1-139. Agents of Department of Revenue.

The commission shall use as its agents any person employed by the commissioner as provided by law, and assigned to and accepted by the commission; and any such persons, when properly authorized, shall have the power to act to the same extent as the commission itself, except as to such matters that require the adoption of a formal order by the commission.

HISTORY: Codes, 1942, § 4078-08; Laws, 1950, ch. 560, § 9.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Department of Revenue generally, see §§27-3-1 et seq.

§ 29-1-141. Interest on unpaid sums.

All due but unpaid and delinquent sums shall bear interest at the rate of one half of one percent (1/2 of 1%) a month from the month in which due until paid, and a fractional month shall be considered a month. Any amount not reported and paid when due shall be increased by a penalty of ten percent (10%) and interest on the principal, as in other cases of nonpayment.

HISTORY: Codes, 1942, § 4078-09; Laws, 1950, ch. 560, § 10.

§ 29-1-143. Jurisdiction of chancery court.

The chancery court shall have jurisdiction of all matters and causes, including suits and appeals from the commission, arising from the administration of Sections 29-1-125 through 29-1-143, except such causes and suits which the constitution gives to the circuit court. All suits in court shall be governed by the established rules of procedure for the court where the suit is maintained. The commission, as the agent of the state, may be made a party defendant as a citizen, and all process for the commission shall be served on its secretary.

HISTORY: Codes, 1942, § 4078-10; Laws, 1950, ch. 560, § 11.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

§ 29-1-145. State reimbursement of county or municipality for maintenance costs of land to be sold for unpaid taxes.

The chancery clerk or municipal clerk shall report to the Secretary of State any reasonable costs incurred by the county or municipality in maintaining unredeemed lands sold for taxes while those lands remain unsold. The Secretary of State shall pay the maintenance costs out of the money deposited into the Land Records Maintenance Fund. The Secretary of State shall certify to the Department of Finance and Administration and to the State Treasurer the amount of maintenance costs allowed to the county and municipality, and the Department of Finance and Administration shall issue a warrant in favor of the county or municipality for the amount of those costs. In no event shall the maintenance costs allowed the county or municipality exceed the market value of the lands or the purchase money received from the sale of those lands.

HISTORY: Laws, 1994, ch. 583, § 1; Laws, 1995, ch. 352, § 1, eff from and after July 1, 1995.

Cross References —

Land Records Maintenance Fund, see §29-1-95.

RESEARCH REFERENCES

Am. Jur.

72 Am. Jur. 2d, State and Local Taxation § 821.

§ 29-1-147. Relinquishment by state of claims for certain forfeited tax lands.

All apparent title and claims of the State of Mississippi to and for lands on account of their sale for delinquent taxes before January 1, 1950, held by the state on January 1, 1995, are hereby vacated and relinquished, leaving apparent title in those who would have been the owners of the land had not such sales been made, or their lawful grantees or assigns, if any, provided said grantees or assigns are now paying and have paid taxes on said property.

HISTORY: Laws, 1994, ch. 583, § 2, eff from and after July 1, 1994.

OPINIONS OF THE ATTORNEY GENERAL

The word “lands” in this section includes severed mineral interests sold to the state for unpaid taxes. Cheney, August 13, 1999, A.G. Op. #99-0414.

§ 29-1-149. Report of transactions for all conveyances of real property.

Each agency, department, community or junior college and public institution of higher learning of the State of Mississippi shall file a report of transactions for all conveyances of real property, whether purchased, sold, leased, donated or acquired as a gift or through the process of eminent domain, to the Department of Finance and Administration Bureau of Buildings, Grounds and Real Property on a basis determined by the department for the filing of such reports. However, reports, at a minimum, shall be filed with the department at least once annually.

HISTORY: Laws, 2013, ch. 399, § 1, eff from and after passage (approved March 20, 2013).

Lease or Rental of Certain State-Owned Lands in Jackson

§ 29-1-201. Authorization to lease or rent certain state-owned lands located in Jackson; terms, purpose.

  1. The Governor’s Office of General Services is hereby authorized and empowered, in its discretion, to lease for a period of not more than fifteen (15) years all or any part of those lands originally leased for ninety-nine (99) years as authorized by an act of the Legislature on March 2, 1875, the same appearing as Chapter LXII, Laws of 1875; said lands lying and being situated in the City of Jackson, First Judicial District, State of Mississippi; or to lease such lands to a public service corporation serving the general public of the State of Mississippi in the City of Jackson, the lease not to exceed a period of twenty-five (25) years; or to rent on a monthly basis the said lands; said rental or lease to be subject to the following terms and conditions applicable thereto:
    1. That the Governor’s Office of General Services find and determine that the said lands, or parts thereof, are neither now needed nor are they programmed by the State of Mississippi for governmental purposes within the period of the proposed term of said lease or rental.
    2. That any lease period shall be computed from the expiration of the present lease, if any, on said lands.
    3. That the annual amount paid for leased lands be in an amount of not less than seven and one-half percent (7-1/2%) of the current fair market value as determined by the averaging of at least two (2) appraisals by members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers. The said appraisals shall be made not later than six (6) months prior to the expiration of any existing lease, and the said appraisals shall be made available to all interested parties. Thereafter, appraisals on said property may be made every five (5) years (computed from the date of the beginning of each such lease) at the insistence of either party and at the cost of the party demanding same, and the annual dollar rent shall be adjusted in accordance with said appraisal. All such appraisals shall be based on land value less any improvements that may have been heretofore added by the leaseholder in possession, or that hereafter be added by the leaseholder in possession; provided, however, that all improvements permanently affixed to any of the said lands under lease or rental as provided for herein shall become the property of the State of Mississippi upon final termination of such lease or rental.
    4. That the present holders under the unexpired terms of the existing leases shall have the first right and option to re-lease such lands, as they now may hold, provided that the existing leaseholders agree to pay rent at an annual amount of not less than seven and one-half percent (7-1/2%) of the fair market value of the property as determined by the terms and conditions stated in paragraph (c) of this subsection, and the re-leasing of such lands shall be subject to the other terms and conditions stated in this section. Consideration may be given to the present leaseholders under the existing leases in determining the term of the lease period to be granted under the first right and option as herein provided.
    5. That in the case of monthly rental of said lands or any part thereof, the Governor’s Office of General Services is authorized to make such terms and agreements as to the amount and conditions thereof, and to follow such procedure as will insure that a fair and equitable return to the state is effectuated thereby.
    6. That in the event the Governor’s Office of General Services is unable to lease the said lands as hereinabove provided or in the event the present leaseholders fail to exercise their option to re-lease, then in that event the Governor’s Office of General Services shall, by public notice, offer the said lands to the highest and best bidder therefor; with said notice being published in one or more newspapers of general circulation in each existing congressional district; provided, however, the Governor’s Office of General Services shall reserve unto itself the right to reject any or all such bids.
    7. That any present leaseholder of said lands who desires to exercise his right to first option to re-lease, as provided for herein, shall notify the Governor’s Office of General Services in writing of his intent to exercise that right not later than three (3) months after the said appraisals provided for in subsection (c) are made available.
    8. That any lease or rental contract or agreement entered into by virtue of this section shall be approved as to form by the Public Procurement Review Board before the same is to be effective.
    9. That all monies derived from the lease, rental, sale or conveyance of such lands be deposited in the state land acquisition fund, which may be utilized for the purchase of additional state lands where authorized by act of the Legislature, for necessary repairs or renovations to facilities on such lands, or for appraisals, studies and other consulting costs related to the potential development, marketing, sale or long-term lease of such lands.
    10. That the Governor’s Office of General Services is authorized to borrow money from the Mississippi Development Bank or other financial institution for the purpose of renovation of vacant buildings or portions thereof on such lands and lease the same in an amount less than that required under paragraph (c) of this subsection under the following conditions:
      1. The lease is made to a public service corporation serving the general public of the State of Mississippi in the City of Jackson;
      2. The lease payments over the initial lease term cover the actual costs of renovation including any interest and fees as well as all costs of the Governor’s Office of General Services for utilities, maintenance and security over the lease term; and
      3. The lease may be subsequently renewed for additional periods not to exceed fifteen (15) years each for an annual amount to be renegotiated and set by the Governor’s Office of General Services.
    11. Nothing in this section shall be construed to authorize the sale or transfer of title to the said lands.
  2. It is the intent and purpose of this section to provide a fair and equitable return for the lease or rental of the said seat of government lands, and to afford lessees holding existing leases the first right and option to lease the same lands that they presently hold so as to continue any business or other utilization of the said lands not to exceed the periods provided for herein; and the Governor’s Office of General Services is hereby empowered and authorized to follow such procedure and to make such arrangements, not inconsistent with the provisions here, as may be reasonably necessary to effect such purpose and intent.

HISTORY: Laws, 1973, ch. 475, §§ 1, 2; Laws, 1975, ch. 309; Laws, 1988, ch. 380, § 1; Laws, 2015, ch. 477, § 2, eff from and after passage (approved Apr. 22, 2015).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (1)(f) and (g). The word “re-lease” was substituted for the word “lease” so that ‘option to lease‘ reads “option to re-lease.” The Joint Committee ratified this correction at its August 5, 2008, meeting.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Amendment Notes —

The 2015 amendment rewrote former (1)(i), which read “That all lease and rental monies from any such leases or rentals be deposited in the state land acquisition fund”; added (1)(j); and redesignated former (1)(j) as (1)(k).

§ 29-1-203. Authorization to lease or rent additional state-owned lands located in Jackson; terms; purpose.

  1. The Governor’s Office of General Services is hereby authorized and empowered, in its discretion, to lease for a period of not more than twenty (20) years with an option to renew for a period of twenty (20) years all, or to rent on a monthly basis any part, of those lands being part of the southwest corner of Section 14, Township 6 North, Range 1 East, in the City of Jackson, Hinds County, Mississippi, and being more particularly described as follows:

    Beginning at southwest corner of West Broadmoor Subdivision, as recorded in Plat Book 6, Page 35, in the office of the Chancery Clerk of Hinds County, Mississippi, and run thence easterly along the south boundary of Lot I, of the aforesaid subdivision 261.4 feet to the western right-of-way line of North State Street, run thence southwesterly along the western right-of-way line of North State Street, 111 feet, run thence westerly 242 feet, more or less to the point of beginning.

    The rental or lease shall be subject to the following terms and conditions:

    1. That the Governor’s Office of General Services find and determine that the said lands, or parts thereof, are neither now needed nor are they programmed by the State of Mississippi for governmental purposes within the period of the proposed term of said lease or rental.
    2. That the annual amount paid for leased lands be in an amount of not less than seven and one-half percent (71/2%) of the current fair market value as determined by the averaging of at least two (2) appraisals. Thereafter, appraisals on said property may be made every five (5) years (computed from the date of the beginning of each such lease) at the insistence of either party and at the cost of the party demanding same, and the annual rental shall be adjusted in accordance with said appraisal. All such appraisals shall be based on land value less any improvements that may have been heretofore added by the leaseholder in possession, or that may hereafter be added by the leaseholder in possession; provided, however, that all improvements permanently affixed to any of the said lands under lease or rental as provided for herein shall become the property of the State of Mississippi upon final termination of such lease or rental.
    3. That in the case of monthly rental of said lands or any part thereof, the Governor’s Office of General Services be authorized to make such terms and agreements as to the amount and conditions thereof, and to follow such procedures as will insure a fair and equitable return to the state.
    4. That all lease and rental monies from any such leases or rentals be deposited in the state land acquisition fund.
    5. That nothing in this section be construed to authorize the sale or transfer of title to the said lands.
  2. It is the intent and purpose of this section to provide a fair and equitable return for the lease or rental of said state lands. The Governor’s Office of General Services is hereby empowered and authorized to follow such procedures and to make such arrangements, not inconsistent with the provisions here, as may be reasonably necessary to effect such purpose and intent.

HISTORY: Laws, 1980, ch. 460, §§ 1, 2; Laws, 1988, ch. 380, § 2, eff from and after July 1, 1988.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Governor’s Office of General Services, generally, see §§31-11-1 et seq.

§ 29-1-205. Lease of certain land in Jackson to national educational honor fraternity.

  1. The Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management, is hereby authorized, empowered and directed to sell and convey on behalf of the State of Mississippi to a nationally recognized organization which has as its purpose the recognition and promotion of scholarship, leadership and service among two-year college students throughout the country for the purpose of constructing a national headquarters thereon, the following described state-owned lands. The property authorized to be sold and conveyed is a certain parcel of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 25, T6N, R1E, Jackson, Hinds County, Mississippi, and being more particularly described as follows, to wit:

    Commence at the Southwest corner of Lot 2 of Northeast Heights, a subdivision on file and of record in the Office of the Chancery Clerk at Jackson, Hinds County, Mississippi, in Plat Book 10 at page 45; run thence Southerly along the extension of the West line of said Lot 2 for a distance of 80.00 feet to a point on the South line of Eastover Drive; turn thence right through a deflection angle of 89 degrees 13 minutes and run westerly along the South line of Eastover Drive for a distance of 43.84 feet to the POINT OF BEGINNING; thence leaving said South line of Eastover Drive, turn left through a deflection angle of 95 degrees 41 minutes 50 seconds and run Southerly along a line twenty-five feet from and parallel to the centerline of a 31 foot asphalt drive for a distance of 118.08 feet; turn thence right through a deflection angle of 3 degrees 07 minutes 37 seconds and continue Southerly along a line twenty-five feet from and parallel to the centerline of a 31 foot asphalt drive for a distance of 132.71 feet to a point on the North line of a United Gas Pipe Line Company easement; turn thence right through a deflection angle of 59 degrees 18 minutes 47 seconds and run Southwesterly along the North line of said United Gas Pipe Line Company easement for a distance of 520.00 feet; turn thence right through a deflection angle of 90 degrees 00 minutes 00 seconds and run Northwesterly for a distance of 410.00 feet; turn thence right through a deflection angle of 69 degrees 42 minutes 33 seconds and run Northeasterly for a distance of 238.99 feet to a point on the South line of said Eastover Drive; said point further being on a 2 degrees 27 minutes curve bearing to the right, said curve having a central angle of 8 degrees 58 minutes 45 seconds and a radius of 2258.60 feet; turn thence right through a deflection angle of 53 degrees 12 minutes 08 seconds and run Easterly along the chord of said 2 degrees 27 minutes curve bearing to the right and the South line of said Eastover Drive for a distance of 27.26 feet to the Point of Tangency; turn thence right through a deflection angle of 00 degrees 20 minutes 45 seconds and run Easterly along the South line said Eastover Drive for a distance of 472.74 feet to the POINT OF BEGINNING, containing 5.44 acres more or less.

  2. The Legislature recognizes that Mississippi’s public two-year college system is the oldest system of its kind in the nation, and further recognizes that this system enjoys national notoriety and respect for its achievement and promotion of educational, civic, social and cultural excellence. The Legislature declares and finds that the purpose of this legislation is to promote, enhance and foster continued excellence in Mississippi’s two-year college system and the overall educational development and improvement of the State of Mississippi and the educational, civic, social, cultural, moral and economic welfare thereof, and that such purposes will be accomplished by the conveyance of the above-described property to an organization within the aforesaid classification for construction of a national headquarters thereon.
  3. The conveyance to be executed by the Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, shall be within the limits contained in Sections 29-1-205 and 29-1-209 and contain a provision reserving unto the state all oil, gas and mineral rights of every kind and character. The conveyance shall make provision for reasonable access to the conveyed premises over existing roadways and to existing utility lines for the benefit of the conveyed premises. The conveyance shall include terms granting to the Board of Trustees of State Institutions of Higher Learning, to the Mississippi Community College Board and to the Mississippi Authority for Educational Television reasonable rights to utilize the improvements to be constructed thereon, or portions thereof, for conference or meeting purposes, specifying the architectural style of the improvements and providing a reasonable setback of wooded undeveloped property contiguous to the improvements in order to maintain the natural environment of the site.
  4. The conveyance herein shall be for such consideration as determined appropriate by the Public Procurement Review Board. Such consideration may be paid or provided in installments over a period of time (not to exceed twenty-five (25) years) and may also be provided in kind. In kind consideration may include the reasonable use of the improvements constructed on the property by the Board of Trustees of State Institutions of Higher Learning and its institutions, the Mississippi Community College Board and the community and junior colleges, and the Mississippi Authority for Educational Television and other state agencies, and the provision of leadership training certification programs for community and junior college faculty and others. Such in kind consideration may also constitute full and fair consideration for the property. In establishing consideration, the board may take into account the appraised value of the property, but shall allow reasonable credit to the purchaser for benefits accruing to the State of Mississippi, including the enhancement of the state’s community and junior college program and the promotion of excellence in public education afforded by the location of such organization and its headquarters in this state, the increase in employment made possible, and that the only use which can be made of the conveyed premises is for the organization’s national headquarters with reversion to the state otherwise.

HISTORY: Laws, 1989, ch. 564, § 1; Laws, 1995, ch. 516, § 1; Laws, 2014, ch. 397, § 6, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment, in (1), inserted hyphen in between the words “twenty five” in two places; and in (3) and (4), substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges.”

Cross References —

Public Procurement Review Board, see §27-104-7.

State Board for Community and Junior Colleges, generally, see §§37-4-1 et seq.

Mississippi Authority for Educational Television generally, see §§37-63-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §37-101-1 et seq.

§ 29-1-207. Repealed.

Repealed by Laws, 1995, ch. 516, § 5, eff from and after passage (approved March 31, 1995).

§29-1-207. [Laws, 1989, ch. 564, § 2].

Editor’s Notes —

Former §29-1-207 was entitled: Requirements for execution of lease.

§ 29-1-209. Use of property leased; reversion of property to state.

  1. It is expressly provided and stipulated that the land which is conveyed pursuant to Section 29-1-205 and this section shall be used in the furtherance of the work of the organization and with the understanding that if or when the property is no longer used exclusively for that purpose that the title to the property and all improvements, rights and appurtenances thereon shall revert to and be vested in the State of Mississippi, under the following condition: Consideration for the reversion of any improvements constructed on the property by the organization shall be paid by the State of Mississippi to the organization from any funds appropriated or otherwise made available for such purpose. Consideration for such reversion shall be the average of the fair market value of such improvements as determined by two (2) professional property appraisers, one (1) of whom to be selected by the Department of Finance and Administration and one (1) of whom to be selected by the organization, who are certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board. Appraisal fees shall be paid by the selecting party. Fair consideration shall also be paid by the State of Mississippi for any payments made by the nationally recognized organization to the state for the purchase of such property.
  2. It is expressly provided that the land which is conveyed pursuant to Section 29-1-205 and this section shall automatically revert to and be vested in the state if construction of the national headquarters has not commenced within two (2) years from the conveyance of such property.

HISTORY: Laws, 1989, ch. 564, § 3; Laws, 1995, ch. 516, § 2, eff from and after passage (approved March 31, 1995).

Cross References —

Licensing of real estate appraisers generally, see §§73-34-1 et seq.

Mississippi Real Estate Appraiser Licensing and Certification Board, see §73-34-7.

§ 29-1-211. Exemption from ad valorem taxation.

The conveyance of the property pursuant to Sections 29-1-205 and 29-1-209, being for the aforesaid public purpose, the property and any improvements located thereon are exempted from ad valorem taxation.

HISTORY: Laws, 1995, ch. 516, § 3, eff from and after passage (approved March 31, 1995).

RESEARCH REFERENCES

Am. Jur.

71 Am. Jur. 2d, State and Local Taxation §§ 232-234, 254-258.

CJS.

84 C.J.S., Taxation §§ 252-286.

Chapter 3. Sixteenth Section and Lieu Lands

In General

§ 29-3-1. Board of education to have control; management of lands and funds as trust property; disapproval by board of supervisors of rental value of lands; definitions.

  1. Sixteenth section school lands, or lands granted in lieu thereof, constitute property held in trust for the benefit of the public schools and must be treated as such. The board of education under the general supervision of the state land commissioner, shall have control and jurisdiction of said school trust lands and of all funds arising from any disposition thereof heretofore or hereafter made. It shall be the duty of the board of education to manage the school trust lands and all funds arising therefrom as trust property. Accordingly, the board shall assure that adequate compensation is received for all uses of the trust lands, except for uses by the public schools.
  2. In the event the board of supervisors declines to approve the rental value of the land set by the board of education, the board of education shall within ten (10) days appoint one (1) appraiser, the board of supervisors shall within twenty (20) days appoint one (1) appraiser and the two (2) appraisers so appointed shall within twenty (20) days appoint a third appraiser whose duty it shall be to appraise the land, exclusive of buildings and improvements, the title to which is not held in trust for the public schools, and to file a written report with each board setting forth their recommendation for the rental value of the land within thirty (30) days. The cost of the appraisal shall be paid from any available sixteenth section school funds or other school funds of the district. If no appeal is taken within twenty (20) days as provided hereunder, the lease shall be executed in accordance with said recommended rental value within thirty (30) days of the receipt of the appraisers’ report. In the event any party is aggrieved by the decision of the appraisers setting forth the appraised rental value, the party so aggrieved shall be entitled to an appeal to the chancery court in which the land is located. Such appeal shall be taken within twenty (20) days following the decision. The chancery court, on appeal, may review all of the proceedings, may receive additional evidence, and make findings of fact, as well as conclusions of law to insure that a fair and reasonable return may be obtained on the sixteenth section lands or lands in lieu thereof.

HISTORY: Codes, 1942, § 6598-01; Laws, 1958, ch. 303, § 1; Laws, 1974, ch. 341, §§ 1, 2; Laws, 1978, ch. 525, § 5, eff from and after July 1, 1978.

Editor’s Notes —

Laws of 1978, ch. 525, § 54, provides as follows:

“SECTION 54. It is the intent of the Legislature that all of the duties, responsibilities and authority vested in the State Land Commissioner under this act shall be transferred by virtue of Senate Bill No. 2470, Regular Session of 1978, to the Office of Secretary of State in accordance with said act.”

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Constitutional provision for determination of title to sixteenth sections, see Miss. Const. Art. 8, § 211.

Duties and powers of Secretary of State, generally, see §7-11-11.

Jurisdiction and powers of board of supervisors generally, see §19-3-41.

Sale of lands granted in lieu of sixteenth sections, see §§29-3-15 et seq.

State Board of Education generally, see §37-1-1 et seq.

JUDICIAL DECISIONS

1. In general.

Mandatory rent adjustment is tied to the statutory duty imposed on a school board as trustee to assure adequate compensation is received for Marketplace’s use of Sixteenth Section Land and the constitutional prohibition against the board’s essentially donating trust land by virtue of receiving grossly inadequate consideration; because rent adjustment is part of the board’s duty as trustee of Sixteenth Section Land, this duty cannot be contracted away, even by mutual agreement of the parties. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Chancery court did not err by denying a lessee’s motion for a declaratory judgment that a school board was precluded from adjusting rent based on the time restrictions in a lease because by adjusting the rent, the board was not making an untimely attempt to exercise a right conferred in the lease; rather, the board was carrying out a statutory mandate and, in the process, trying to ensure the annual rent, based on current fair-market value, was constitutionally adequate. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

School board’s duty as trustee to assure adequate consideration is received based on current fair market value of the Sixteenth Section Land cannot be waived, even by mutual agreement in a contract; Sixteenth Section leases come with certain constitutional and statutory requirements, one being that rent adjustment at least once every ten years is a mutual, mandatory obligation and not a mere right to be exercised or waived. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Chancery court did not err by denying a lessee’s motion for a declaratory judgment that a school board was precluded from adjusting rent based on the time restrictions in a lease for Sixteenth Section Land because the time restriction ran contrary to the statutory requirement that rent could be adjusted not less than once every ten years. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Denial by a school board of a request to erect and construct an advertising billboard on the school district’s leasehold was appropriate because the agreement between the sublessee and the sub-lessor was a sublease, rather than a license, that required prior approval of the school board. Furthermore, once approval was sought, the school board did not act arbitrarily or capriciously in denying the request to construct the billboard because the board expressed concerns with safety. Smith Petro., Inc. v. Lamar Cty. Sch. Dist., 271 So.3d 481, 2019 Miss. LEXIS 214 (Miss. 2019).

Motion to remand was granted because under Miss. Code Ann. §§7-11-11 and29-3-1 it was without question that the Mississippi secretary of state and the public school district were necessary parties to the quiet title action that involved 16th section school lands. As such, complete diversity did not exist. Clark Techs., LLC v. Hood, 2009 U.S. Dist. LEXIS 75318 (S.D. Miss. Aug. 14, 2009).

Miss. Code Ann. ch. II, tit. 37, and Miss. Code Ann. §§37-7-471 through37-7-483, do not apply to sixteenth section lands. School districts do not hold title to sixteenth section lands, title resides in the State; where the record was insufficient as to whether the school district had title to a historical mansion on such land, which had been leased for decades to a foundation, and the record was also unclear as to whether there was adequate consideration for renewal of the lease, a remand was required for development of said issues, and summary judgment for the foundation, and against the State, was reversed. Clark v. Stephen D. Lee Found., 887 So. 2d 798, 2004 Miss. LEXIS 1413 (Miss. 2004).

Mississippi Legislature did not violate supremacy clause or any provision of state constitution in granting title to right-of-way over Sixteenth Section School land to railroad pursuant to 1882 charter, and railroad and its successor in interest, rather than county board of education, owned right-of-way; state law placed no binding trust obligation or other burden on Sixteenth Section lands such as would bar legislature from enacting charter in 1882. Madison County Bd. of Educ. v. Illinois C. R. Co., 939 F.2d 292, 1991 U.S. App. LEXIS 19241 (5th Cir. Miss. 1991).

State legislature’s grant of right of way to predecessor of plaintiff railroad which included sixteenth section school lands which were supposed to come within authority of board of education pursuant to §§29-3-1 and29-3-3 was valid and not beyond legislative authority or invalid for lack of consideration. Madison County Bd. of Education v. Illinois C. R. Co., 728 F. Supp. 423, 1989 U.S. Dist. LEXIS 15779 (S.D. Miss. 1989), aff'd, 939 F.2d 292, 1991 U.S. App. LEXIS 19241 (5th Cir. Miss. 1991).

A 99-year lease of 3.5 acres of Sixteenth Section school trust land for a one-time fee of $150, amounting to approximately 46 cents per acre per year on a tract of land with a value of $3,575 at the time of the lease, was an unconstitutional donation due to inadequate consideration, and was therefore voidable at the option of the school board; the consideration paid for the leasehold was so unconscionably inadequate that it defeated any challenge by anyone claiming to be a bona fide purchaser. Board of Educ. v. Hudson, 585 So. 2d 683, 1991 Miss. LEXIS 460 (Miss. 1991).

Appraisers of the value of sixteenth section lands were not disinterested freeholders since they held sixteenth section leases. Hill v. Thompson, 564 So. 2d 1, 1990 Miss. LEXIS 531 (Miss. 1990).

A lease of school trust land was voidable for inadequate consideration as violative of the donation clause of Article IV, § 95 of the Mississippi Constitution where the consideration paid for the lease was so grossly inadequate as to shock the conscience and to defeat any challenge even of one otherwise claiming the status of a bona fide purchaser; the inadequate consideration was not a hidden title defect but was a matter of public record, so openly blatant as to put any purchaser on notice of a possible defect in the trustee’s title where the tax assessments of the city and the county gave notice of value that should have suggested that a far higher rental was required to meet the constitutional mandate of non-donation, and the appraiser’s report stated that only a nominal value was used. As a matter of law, a one-time gross sum payment which amounted to $.07575 per year consideration was grossly inadequate and amounted to a donation of public lands prohibited by the constitution and trust law. Mere compliance with statutory formalities and procedures did not vitiate substantive violation of constitutional prohibitions. The case would be remanded to the school district board of trustees for a new determination of the present rental value by a competent appraiser under the 1978 Reform Act. While the public policy of making all reasonable efforts to keep sixteenth section lands leased so that they might be developed and produce revenue from taxation is not an unworthy goal, and this policy may have influenced past officials in leasing sixteenth section lands for nominal rentals, its emphasis must not overshadow constitutional mandates. Hill v. Thompson, 564 So. 2d 1, 1990 Miss. LEXIS 531 (Miss. 1990).

Miss Const § 211, as amended February 4, 1944, to increase the lease duration limit of Sixteenth Section lands reserved for the support of township schools from 25 years to 99 years, is not self-executing and, therefore, had no effect until 1946 when the legislature amended the Mississippi Code to conform to the provisions mandated by § 211. Thus, a 99-year lease of Sixteenth Section land executed in 1945 was void. Oktibbeha County Bd. of Education v. Sturgis, 531 So. 2d 585, 1988 Miss. LEXIS 436 (Miss. 1988).

In managing sixteenth section school lands, board of education must exercise care and skill that person of ordinary prudence would exercise in dealing with own property; board may require lessees of sixteenth section land to sign leases and may include terms in leases that persons of ordinary prudence would include. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

Board of education may choose its own method of valuation for sixteenth section land so long as valuation results in fair market rental value; while board is not bound to use percentage of fair market sale value method, it is not precluded from doing so if that method best yields fair rental value. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

Requirement of §§29-3-1,29-3-82 that appraisals be paid for out of sixteenth section school funds applies to appraisals resulting from dispute between board of supervisors and board of education in initial leasing or re-leasing of property and does not apply to appraisals resulting from disputes between lessees and boards of education in reappraisal of land during pendency of lease; accordingly, in latter case, board of education may include lease provision requiring lessee to pay for appraisal. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

A lease of sixteenth section land was invalid where it had not been submitted to and approved by the district board of trustees as required by this section. Womack v. Nobles, 382 So. 2d 1081, 1980 Miss. LEXIS 1965 (Miss. 1980).

In a dispute between a county board of supervisors and a school district’s board of trustees over whether or not to enter into a 25-year lease on certain sixteenth section lands, the trial court properly ordered the superintendent of education to execute the lease, notwithstanding the fact that a majority of the board of trustees had not approved it, where the board of supervisors was empowered by statute to determine the terms and conditions of all such leases and where the trustees’ statutory veto power was only a veto over the annual rental value and was subject to the statutory dispute resolution procedures. Surles v. State, 357 So. 2d 319, 1978 Miss. LEXIS 2506 (Miss. 1978).

Facts alleged in the bill, if supported by proof, would be capable of supporting a finding that the lease of a 320 acre tract of sixteenth section land for an annual rental of $170, although the fair value of the lease was $4,000 per year, amounted to an unconstitutional donation as well as an appropriation of the property to an object not authorized by law. The remedy would be the voiding of the lease rather that its continuation for the remainder of the 25-year lease period with damages prospectively figured for each year of its future existence. Keys v. Carter, 318 So. 2d 862, 1975 Miss. LEXIS 1455 (Miss. 1975).

A 25-year lease of 150 acres of 16th section land for an annual rent of $37.50 from county superintendent of education to himself was void on its face, and a subsequent three-year lease of the same land from the county superintendent to another for an annual rent of $900 showed on its face that the lease to the county superintendent was for a grossly inadequate consideration amounting to a donation of public property to a private individual. County Board of Supervisors, the surety on their bonds, and the county superintendent were liable for the difference between the $900 annual rental and the $37.50 annual rental for each of the three years of the second lease, plus legal interest, rather than its continuation for the remainder of the 25-year lease period with damages prospectively figured for each year of its future existence. Holmes v. Jones, 318 So. 2d 865, 1975 Miss. LEXIS 1456 (Miss. 1975); Keys v. Carter, 318 So. 2d 862, 1975 Miss. LEXIS 1455 (Miss. 1975).

Where evidence showed that the county supervisors had leased unused school buildings located on “sixteenth section land” to a civic association in good faith and without any knowledge that it would subsequently be used to house a private segregated school, such lease was not set aside; however, the sublease by the civic association to the whites-only private academy had a “chilling effect” on the operation of recently desegregated public schools and was set aside. United States v. Mississippi, 499 F.2d 425, 1974 U.S. App. LEXIS 7103 (5th Cir. Miss. 1974).

It is well established that the state, acting through its various local bodies, is charged with the affirmative duty to take whatever steps might be necessary to bring about a unitary educational system free of racial discrimination, and where the state is the lessor of a former public school converted into a segregated private school, located on property specifically designated for the benefit of the public schools, there is a state involvement with such schools, and under such circumstances the proscriptions of the Fourteenth Amendment against racial discrimination by the state must be complied with by the lessee and sublessee as certainly as though they were binding covenants written into the agreement itself. United States v. Mississippi, 476 F.2d 941, 1973 U.S. App. LEXIS 10578 (5th Cir. Miss. 1973), vacated, 499 F.2d 425, 1974 U.S. App. LEXIS 7103 (5th Cir. Miss. 1974).

OPINIONS OF THE ATTORNEY GENERAL

If tenant did not construct buildings on sixteenth section land subject to 20-year lease, allowing tenant to remove buildings constitutes unconstitutional donation of public property. Ward, July 16, 1992, A.G. Op. #92-0440.

Constitutionally mandated sixteenth section trust overrides statutory duty of Department of Archives and History to preserve landmarks. Dortch, Oct. 8, 1992, A.G. Op. #92-0488.

There is granted no general power of approval or veto to board of supervisors concerning other terms of lease of sixteenth section land. Meadows Oct. 21, 1993, A.G. Op. #93-0648.

Under Section 29-3-1(1), adequate compensation must be received from the tenants for any use of the land other than use by the school district. A prospective tenant would be required to compensate the school district for any non school district use of the property. Bourgeois, July 10, 1995, A.G. Op. #95-0047.

Section 29-3-1 et seq. does not specifically authorize school boards to exchange jurisdiction or management of school trust lands. Hilbun, August 23, 1995, A.G. Op. #95-0567.

Interest should be paid on all the sixteenth section funds which are disbursed to Bay/Waveland School District if the funds were in fact invested and interest accrued on them while in the possession of Hancock County School District since, as trust funds, they should have been invested so as to yield a reasonable return. Wyly, July 2, 1999, A.G. Op. #99-0317.

School District may not delete from the payment of annual rentals under a developmental lease property that has been platted once roads and utilities have been constructed for that portion of the property. Chaney, Nov. 25, 2002, A.G. Op. #02-0629.

In connection with the lease by a school district of agricultural land to a developer under a residential development lease contract, the district may not reclassify a swamp and shallow lake on the property to “recreation” or “other” and lease that land for one dollar per acre because of the board’s obligation to the board of education as trustee to obtain the highest and best return possible from sixteenth section land. Chaney, Nov. 25, 2002, A.G. Op. #02-0629.

The governmental bodies involved under Section 29-3-1 and Section 29-3-29 are under a duty to enforce the provisions of the trust and to determine what is in the best interest of all of the inhabitants of the township. Cheney, May 16, 2003, A.G. Op. 03-0163.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 1 et seq.

Law Reviews.

1989 Mississippi Supreme Court Review: Sixteenth Section School Land. 59 Miss. L. J. 920, Winter, 1989.

§ 29-3-1.1. Definitions.

For purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context shall otherwise require.

“Board of education” shall mean that school board of the school district in whose present jurisdiction (i) is situated a sixteenth section of land, or (ii) was originally situated a sixteenth section of land for which land has been granted in lieu thereof. Provided, however, that in the event a sixteenth section is situated within two (2) or more school districts, the term “board of education” shall mean that school board whose school district embraces the greatest land area within the township in which said sixteenth section is located.

“Superintendent of education” shall mean that superintendent of schools of a school district whose board of education has control and jurisdiction over any sixteenth section lands or lands granted in lieu thereof.

HISTORY: Laws, 1978, ch. 525, § 1, as amended by Section 201 of Chapter 492, Laws, 1986; Laws, 2004, ch. 357, § 21, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in the first sentence. The words “this chapter” were substituted for “this act [see Editor’s Note].” The Joint Committee ratified this correction at its August 5, 2008, meeting.

Editor’s Notes —

This section was codified at the direction of Co-Counsel of The Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Amendment Notes —

The 2004 amendment deleted “or administrative superintendent” following “superintendent of schools” in (b).

§ 29-3-2. Secretary of State to assist in school trust land management.

It shall be the duty of the Secretary of State to assist the local school districts, when so requested, in establishing and maintaining local school trust land management systems. The Secretary of State shall also identify and coordinate consultative services which might be available to the school districts from other agencies within the state.

HISTORY: Laws, 1978, ch. 525, § 48; Laws, 1988, ch. 518, § 19, eff from and after July 1, 1988.

§ 29-3-3. Suits to establish title.

The board of education may employ one (1) or more competent persons to ascertain the true condition of the title and to institute and prosecute, in the chancery court of the county where the land lies, all necessary suits to establish and confirm the title to each parcel of such land and to fix the date of the expiration of any lease of the same. If any person claim any of said land in fee simple or upon any other terms than that of a lease to expire at a fixed date with absolute reversion to the state in trust, or if the title to such lands rest in parol by destruction of records or otherwise, suit shall be instituted at once or as soon as practicable to test the legality of such claims or to re-establish the lost record.

HISTORY: Codes, 1930, § 6756; 1942, § 6594; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1978, ch. 525, § 6, eff from and after July 1, 1978.

Editor’s Notes —

Laws of 1987, ch. 391, § 1, provides as follows:

“SECTION 1. The certain transaction dated November 16, 1894, pursuant to Section 4160, Mississippi Code of 1892, involving the exchange of a certain one hundred forty-one and seventy-six one-hundredths (141.76) acres in Hancock County in lieu of all sixteenth section acreage in Township 20 North, Range 14 East, located in Clay County, is hereby confirmed, validated and ratified.”

Cross References —

Constitutional provision for determination of title to sixteenth section lands, see Miss. Const. Art. 8, § 211.

Prosecution of suits concerning public lands by Secretary of State, see §29-1-7.

Granting of easements for pipelines across state owned land, see §§29-1-101 et seq.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

JUDICIAL DECISIONS

1. In general.

Because the State was the ultimate fee-holder of sixteenth Section lands, it was a necessary party to any action that might forever divest it of title in those lands; when the board of education filed a complaint to quiet and confirm title, and the landowners counterclaimed for clear title on their behalf, the suit became one that endangered the State’s interest in protecting its asserted title. Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

State legislature’s grant of right of way to predecessor of plaintiff railroad which included sixteenth section school lands which were supposed to come within authority of board of education pursuant to §§29-3-1 and29-3-3 was valid and not beyond legislative authority or invalid for lack of consideration. Madison County Bd. of Education v. Illinois C. R. Co., 728 F. Supp. 423, 1989 U.S. Dist. LEXIS 15779 (S.D. Miss. 1989), aff'd, 939 F.2d 292, 1991 U.S. App. LEXIS 19241 (5th Cir. Miss. 1991).

Where accretions washed against and on and become attached to school land in lieu of sixteenth section and to plantation abutting on Mississippi River, and where the owners of the plantation and board of county supervisors entered into contracts fixing the lines and apportioning accretions between them this was not a sale of sixteenth section or new lands. Board of Supervisors v. Giles, 219 Miss. 245, 68 So. 2d 483, 1953 Miss. LEXIS 386 (Miss. 1953).

County may sue for waste committed in cutting timber from sixteenth section. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611, 1909 Miss. LEXIS 375 (Miss. 1909), limited, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

Provisions of Code by which state deals with sixteenth sections through counties is not a delegation of power. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611, 1909 Miss. LEXIS 375 (Miss. 1909), limited, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

Title to sixteenth section is in state in trust for schools in township. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611, 1909 Miss. LEXIS 375 (Miss. 1909), limited, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

Employment generally of counsel by the year by the board of supervisors, under Code 1892, § 293 (Code 1942, § 2958), in no way deprives it of specially employing a different lawyer to investigate the special matter of title to sixteenth section school lands and to bring suit to confirm title thereto. Warren County v. Dabney, 81 Miss. 273, 32 So. 908, 1902 Miss. LEXIS 116 (Miss. 1902).

Hence a lease made in conformity to the statutes of the state was valid without the previous assent of the inhabitants of the township, where the statute did not require this, notwithstanding Act of Congress of 1852, making the assent of the inhabitants of the township a prerequisite to the validity of leases and sales. Jones v. Madison County, 72 Miss. 777, 18 So. 87, 1895 Miss. LEXIS 33 (Miss. 1895).

A decision of this state erroneously holding that the title to sixteenth section school lands was in the United States instead of the state did not establish a rule of property and, though followed for many years, the doctrine of stare decisis would not be applied. Jones v. Madison County, 72 Miss. 777, 18 So. 87, 1895 Miss. LEXIS 33 (Miss. 1895).

The State of Georgia and not the United States was the donor of these school lands; The United States took no title except in trust for the states to be created, and after a survey of the sections and on the admission of Mississippi as a state the title and control of these sections vested in the state in trust for the inhabitants of the several townships. Jones v. Madison County, 72 Miss. 777, 18 So. 87, 1895 Miss. LEXIS 33 (Miss. 1895).

A suit was maintainable by a county under the former statute where the defendant claimed the sixteenth section in fee simple under a deed from the lessee, though the land was not sold by the county officials. Carroll County v. Jones, 71 Miss. 947, 15 So. 106, 1894 Miss. LEXIS 14 (Miss. 1894).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 60 et seq.

106 et seq.

CJS.

3A C.J.S., Public Lands §§ 106 et seq.

§ 29-3-5. Abstracts of title; alternative title searches by attorneys.

  1. A complete abstract of title may be made of each parcel of said land, and such abstract shall contain references, by book and page, to the acts of congress, the acts of the legislature, and to all records relating thereto. Every such abstract shall be duly certified and recorded in the record of deeds, and be styled and indexed under the head of “School Trust Lands, S _______________ , T _______________ , R _______________ .” Said abstract shall be so styled and indexed whether the land be in a sixteenth section or in another section taken in lieu of it, and the original shall be deposited in the land office.
  2. As an alternative to the requirements of subsection (1), a personal examination of the sixteenth section land records by a licensed practicing attorney of the State of Mississippi shall be sufficient, provided it is accompanied by an attorney’s title certificate and opinion certifying to the ownership of each sixteenth section. Said title certificate and opinion shall include a complete listing of all persons entitled to possession of said lands and the true condition of the title of said lands.

HISTORY: Codes, 1930, § 6757; 1942, § 6595; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1978, ch. 525, § 7, eff from and after July 1, 1978.

Cross References —

Recording of instruments generally, see §89-5-1 et seq.

§ 29-3-7. Adverse possession.

Adverse possession for a period of twenty-five (25) years, under a claim of right or title, shall be prima facie evidence in such case that the law authorizing the disposition of the lands has been complied with and the lease or sale duly made. If the claim be under a lease, the time at which the lease expires shall be fixed by the court.

HISTORY: Codes, 1930, § 6758; 1942, § 6596; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Adverse possession generally, see §15-1-13.

Suits to establish title, see §29-3-3.

JUDICIAL DECISIONS

1. Construction and application.

Evidence submitted by the landowners would not support a finding that the State actually conveyed the tracts during the pre-1890 window of opportunity; the skeletonized abstracts and other evidence did not support the landowners’ adverse possession claim. Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

Adverse possession statute addressing sixteenth section lands is inapplicable to state, thus precluding relief on claim that, because 1/2 cent per square foot was paid for sixteenth section school trust land, derivative lessees had property rights in land which were being taken away. Morrow v. Vinson, 666 So. 2d 802, 1995 Miss. LEXIS 620 (Miss. 1995).

Adverse possession statute addressing sixteenth section land only applies to make proof of adverse possession prima facie evidence of due execution, payment of consideration, and the like where lawful authority for conveyance exists and conditions of statute are met. Morrow v. Vinson, 666 So. 2d 802, 1995 Miss. LEXIS 620 (Miss. 1995).

The State, acting through its school board, could not be equitably estopped under §§29-3-7 and29-3-52 from asserting inadequacy of consideration in a lease of sixteenth section school lands. Hill v. Thompson, 564 So. 2d 1, 1990 Miss. LEXIS 531 (Miss. 1990).

The statutes of limitation concerning adverse possession do not run against the state. Mississippi State Highway Com. v. New Albany Gas Systems, 534 So. 2d 204, 1988 Miss. LEXIS 544 (Miss. 1988).

The adverse possession statute may not run against a county; if there be any conflict between Article 4, § 104 of the Mississippi Constitution and §29-3-7, the constitutional provision takes precedence. Board of Education v. Loague, 405 So. 2d 122, 1981 Miss. LEXIS 2278 (Miss. 1981).

In an action for confirmation of title to certain sixteenth section lands that had long been adversely possessed by private individuals, the 25-year adverse possession statute was inapplicable and could not be invoked against the state where there was no presumption of lost grant and no written instrument evidencing a claim or color of title in claimant or her predecessors in title to the 80 acres of land at issue; in addition, the constitution prohibited the running of statutes of limitation against the state in civil causes. Gibson v. State Land Comm'r, 374 So. 2d 212, 1979 Miss. LEXIS 2417 (Miss. 1979).

Title to lieu and sixteenth section school lands could not be acquired by adverse possession pursuant to this section where the Board of School Commissioners, the alleged grantor of the adverse claimants’ predecessor in title, did not have the authority to convey the school land at the time of the alleged conveyance. This statute only applies to make proof of adverse possession prima facie evidence of due execution, payment of consideration, and the like where lawful authority for the conveyance exists and the conditions of the statute are met. Adams County v. McCoy, 347 So. 2d 366, 1977 Miss. LEXIS 2046 (Miss. 1977).

The plaintiffs could not establish adverse possession against the county by tacking on the time of possession of their predecessors in title where their predecessors had admitted the county’s ownership by petitioning the board of supervisors for the purchase of the timber on the land and accepting a timber deed, all within the time period relied on. Burrage v. Lauderdale County, 245 So. 2d 842, 1971 Miss. LEXIS 1385 (Miss. 1971).

To establish absolute title to sixteenth section lands because of adverse possession, the possession must not be under a claim to an unexpired lease but under a claim to the absolute fee simple title. Sumrall v. State, 209 Miss. 761, 48 So. 2d 502, 1950 Miss. LEXIS 442 (Miss. 1950).

This section [Code 1942, § 6596] is not applicable to substantiate claim of title by adverse possession by plaintiffs who base their rights on an admittedly valid 99-year lease, and the evidence shows that they were only lessees for the unexpired term of the original lease. Pilgrim v. Neshoba County, 206 Miss. 703, 40 So. 2d 598, 1949 Miss. LEXIS 294 (Miss. 1949).

Deeds to defendants’ predecessors in title of school lands under a former statute authorizing sale of school lands (§§ 2015-2019, Code of 1871), evidenced a claim of right in their behalf, was color of title in fee simple, and their possession under that claim and color for more than twenty-five years after 1892, in the absence of an affirmative showing that no valid sale was in fact made, renders the title acquired by such adverse possession under claim of title such that it cannot be successfully assailed. Foster v. Jefferson County, 202 Miss. 629, 32 So. 2d 126, 1947 Miss. LEXIS 323 (Miss. 1947), overruled in part, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

The benefits of this statute cannot be denied to one who has been in undisputed continuous and actual occupancy of lands for the prescribed period under recorded deeds in fee simple purporting to have been executed by lawful authority because a record cannot be found verifying that all statutory steps were taken. Foster v. Jefferson County, 202 Miss. 629, 32 So. 2d 126, 1947 Miss. LEXIS 323 (Miss. 1947), overruled in part, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

Railroad’s title to right of way over sixteenth section lands under order of supervisors after 25 years adverse possession cannot be a sale. Yazoo & M. V. R. Co. v. Bolivar County, 146 Miss. 30, 111 So. 581, 1927 Miss. LEXIS 201 (Miss. 1927).

The statute of limitations does not run against the reversion in a sixteenth section during the existence of a lease. Weiler v. Monroe County, 76 Miss. 492, 25 So. 352, 1898 Miss. LEXIS 141 (Miss. 1898).

A sale in fee of the sixteenth section school lands has never been authorized by law in this state. Weiler v. Monroe County, 76 Miss. 492, 25 So. 352, 1898 Miss. LEXIS 141 (Miss. 1898).

To the same effect, see Amite County v. Steen, 72 Miss. 567, 17 So. 930, 1895 Miss. LEXIS 31 (Miss. 1895); Forsdick v. Tallahatchie County, 76 Miss. 622, 24 So. 962, 1898 Miss. LEXIS 119 (Miss. 1898).

This section [Code 1942, § 6596] is not confined to cases in which a lease has in fact been made and such lease is attacked because of alleged infirmity growing out of absence of evidence in compliance with the law. Carroll County v. Estes, 72 Miss. 171, 16 So. 908, 1894 Miss. LEXIS 123 (Miss. 1894).

Wherever there has been adverse possession for twenty-five years under a paper title, purporting to assign a lease, the statute applies. Carroll County v. Estes, 72 Miss. 171, 16 So. 908, 1894 Miss. LEXIS 123 (Miss. 1894).

2. —Presumption of sale or lease.

Tax collectors deed to school lands leased by county conveyed only the unexpired rights of lessee. Creekmore v. Neshoba County, 216 Miss. 589, 63 So. 2d 45, 1953 Miss. LEXIS 672 (Miss. 1953).

Where a deed conveying school lands that had been sold at public sale, has been in existence over seven years and recited that the land was sold in accordance with the law, all preceding conditions were presumed to have been complied with. Burkley v. Jefferson County, 213 Miss. 836, 58 So. 2d 22, 1952 Miss. LEXIS 433 (Miss. 1952).

Claimant could not claim title by adverse possession for 25 years where tax forfeited land patent did not show whether title conveyed was a fee simple one or unexpired leasehold interest and where claimant testified that none of his predecessors had ever claimed fee simple title, but claimed, as he did also, under unexpired 99-year lease. Sumrall v. State, 209 Miss. 761, 48 So. 2d 502, 1950 Miss. LEXIS 442 (Miss. 1950).

Where forfeited tax land patent, executed and delivered on July 4, 1881, conveying an estate in fee simple and containing no words of limitation of grant to the effect that it was an unexpired lease, recited that the land described therein was sold on May 10, 1875, for the taxes due the state, and it appears that the present holder of title and his predecessors in title had been in possession for more than fifty years since 1892, the presumption arises that the state had parted with fee simple title before January 1, 1874, and that it was a fee simple title and not a lease. Jones v. State, 202 Miss. 705, 32 So. 2d 435, 1948 Miss. LEXIS 210 (Miss. 1948).

There is no presumption that one holding an agreement for a lease upon payment of installment notes actually paid the notes in the absence of proof that he went into possession or otherwise exercised substantial rights over the land. Foster v. Jefferson County, 202 Miss. 629, 32 So. 2d 126, 1947 Miss. LEXIS 323 (Miss. 1947), overruled in part, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

There must be an affirmative showing that there was no valid sale or lease in order to displace the curative effect of this statute. Foster v. Jefferson County, 202 Miss. 629, 32 So. 2d 126, 1947 Miss. LEXIS 323 (Miss. 1947), overruled in part, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

No presumption of sale or lease of school land is indulged except that arising under this section [Code 1942, § 6596]. Leflore County v. Bush, 76 Miss. 551, 25 So. 351, 1898 Miss. LEXIS 140 (Miss. 1898).

No presumption that the sixteenth section has been leased will be indulged in support of a tax deed, Code 1892 § 1806 (Code 1942 § 1739), as to prima facie effect of tax deeds, being without application in such case. Leflore County v. Bush, 76 Miss. 551, 25 So. 351, 1898 Miss. LEXIS 140 (Miss. 1898).

In the absence of sufficient evidence a lease of a sixteenth section by school trustees will not be presumed. Weiler v. Monroe County, 74 Miss. 687, 22 So. 188 (Miss. 1897).

RESEARCH REFERENCES

Am. Jur.

1 Am. Jur. Legal Forms 2d, Adverse Possession §§ 11:9 et seq. (notices); §§ 11:31 et seq. (affidavits).

Law Reviews.

1989 Mississippi Supreme Court Review: Sixteenth Section School Land. 59 Miss. L. J. 920, Winter, 1989.

§ 29-3-9. Compliance with title requirements.

In all cases where this chapter has not been complied with, the official involved shall forthwith comply with same. It shall be the duty of the state land commissioner to ascertain whether or not said statutes have been complied with. If said state land commissioner shall find that said statutes have not been complied with in any case, he shall call the same to the attention of the board of education involved. If any board of education shall fail or refuse to comply with the mandate of this section, then the action of mandamus shall lie to compel such compliance, and such action may be brought either by the attorney general or any resident citizen of the State of Mississippi on the relation of the attorney general. If the state land commissioner shall find that any board of education is failing to take the necessary steps to effectively comply with said statutes in any case, he shall so certify to the attorney general. It shall thereupon be the duty of the attorney general to institute an action for issuance of a writ of mandamus as hereinabove provided, and to such end he is hereby authorized and empowered to employ competent local counsel to assist him in the prosecution of the same. It shall also be the duty of the state land commissioner in conjunction with the attorney general, to submit a special report in writing to the next regular session of the legislature, which said report shall set forth any instances of noncompliance with said chapter and the steps which have been taken to secure compliance with same.

HISTORY: Codes, 1942, § 6598-04; Laws, 1958, ch. 303, § 4; Laws, 1978, ch. 525, § 8, eff from and after July 1, 1978.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Sixteenth section or lieu lands; biennial report of commissioner; public officials to supply management and investment information, see §29-1-3.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the Secretary of State, see Editor’s Note following §29-3-1.

§ 29-3-11. Board of education to ascertain whether county has title to lieu lands; certification to land commissioner where it does not.

It shall likewise be the duty of the board of education to ascertain whether or not such county has title to all lieu lands to which it may, by law, be entitled. If it is determined that such county does not have title to all such lands, the board of education shall certify the fact to the state land commissioner who shall institute proper proceedings to secure such lands for such county.

HISTORY: Codes, 1942, § 6598-05; Laws, 1958, ch. 303, § 5; Laws, 1978, ch. 525, § 9, eff from and after July 1, 1978.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Duties and powers of Secretary of State generally, see §7-11-11.

Duties and jurisdiction of board of supervisors generally, see §19-3-41.

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the secretary of state, see Editor’s Note following §29-3-1.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Suits to establish title, see §29-3-3.

§ 29-3-13. Exchange of lieu land with state.

When the state owns land in a county which owns land located in another county granted in lieu of the sixteenth section school lands, generally known as “lieu lands,” the Governor and land commissioner acting for the state and the board of education acting for such county may, by written agreement, exchange the land owned by the state in such county for “lieu lands” owned by such county in another county.

The title to the state-owned land shall be conveyed to such county by a patent signed by the Governor and land commissioner as other patents are executed under the law. The title to the lieu lands shall be conveyed to the state by deed signed by the superintendent of education on order of the board of education. The written agreement between the state and the county shall be recorded in the minutes of said board of education.

HISTORY: Codes, 1942, § 6627; Laws, 1936, ch. 319; Laws, 1978, ch. 525, § 10, eff from and after July 1, 1978.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the Secretary of State, see Editor’s Note following §29-3-1.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Sale of lands granted in lieu of sixteenth sections, see §§29-3-15 et seq.

JUDICIAL DECISIONS

1. In general.

The Board of Contractors is vested with the responsibility and authority to promulgate the guidelines and procedures for contractors to follow with regard to obtaining and renewing certificates of responsibility. Clancy's Lawn Care & Landscaping v. Mississippi State Bd. of Contrs., 707 So. 2d 1080, 1997 Miss. LEXIS 708 (Miss. 1997).

The statute, in providing for an exchange of school lands for other lands, violates the Constitution (§ 211, Const 1890) the prohibition of which applies as well to an exchange of school lands for other lands as to a sale thereof for a cash consideration. Bridgforth v. Middleton, 186 Miss. 185, 186 So. 837, 1939 Miss. LEXIS 200 (Miss. 1939).

§ 29-3-15. Sale of lieu lands situated outside county.

Land granted in lieu of sixteenth section lands in this state and situated outside of the county holding or owning the same may be sold. Such lands shall be sold in accordance with the provisions of Sections 29-3-15 through 29-3-25, and the proceeds from such sales may be invested in the manner prescribed by law.

HISTORY: Codes, 1942, §§ 4115, 6597-02; Laws, 1942, ch. 162; Laws, 1948, ch. 497, § 3.

Cross References —

Constitutional provision in regard to sixteenth section lands and lieu lands, see Miss. Const. Art. 8, § 211.

Sale of school lands through the Secretary of State, see §7-11-11.

Control of school lands by county boards of supervisors, see §29-3-1.

Exchanges of land with the state, see §29-3-13.

Principal fund to include funds received for sales of lieu lands pursuant to §§29-3-15 through29-3-25, see §29-3-113.

Purchase of Lien Lands, see §29-3-19.

Commission’s report to Legislature detailing lien lands sold, see §29-3-25.

OPINIONS OF THE ATTORNEY GENERAL

An appraisal is generally required to establish fair market value for the sale of sixteenth section lieu lands, and a county board of education should obtain two appraisals. Cheney, Jr., Feb. 16, 2001, A.G. Op. #2001-0024.

§ 29-3-17. Lieu land commission.

A commission is hereby established to be known as the lieu land commission, hereinafter referred to as the commission, and such commission shall consist of the attorney general, who shall be ex officio chairman, the secretary of state and the state land commissioner, who shall be ex officio secretary. Said lieu land commission shall have authority to sell all lands granted in lieu of sixteenth section land and located out of the county owning such land situated in the State of Mississippi. From and after July 1, 1981, said lieu land commission shall proceed to sell all such lands granted in lieu of sixteenth section land and located out of the county owning such land situated in the State of Mississippi.

HISTORY: Codes, 1942, § 4116; Laws, 1942, ch. 162; Laws, 1948, ch. 486; Laws, 1978, ch. 525, § 11, eff from and after July 1, 1978.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the Secretary of State, see §29-3-1.1.

Reports by lieu lands commission, see §29-3-25.

Principal fund to include funds received for sales of lieu lands pursuant to §§29-3-15 through29-3-25, see §29-3-113.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 60 et seq.

135 et seq.

§ 29-3-19. Purchase of lieu lands.

Any person desiring to purchase such lands shall file his application for the purchase of same with said lieu land commission upon application blanks to be supplied by said commission for said purpose, and said commission shall fix the price to be charged for said land; provided, however, in no event shall more than one hundred sixty (160) acres of said lands be sold to one (1) person within one (1) year, and in no event shall said lands be sold for less than the fair market value of the land. If the commission approves the application, said application shall then be forwarded to the superintendent of education of the county owning said land. In the event the superintendent and board of education approve said sale, the approval by said board of education being made by order of said board duly entered on its minutes, agreeing on the purchase price of said lands, then the Secretary of State and the Governor shall issue to such applicant a patent to such lands at and for the price agreed upon, such patent to be signed in accordance with the law governing the issuance of state patents. The money received therefor shall be paid into the proper principal fund as provided in Section 29-3-113. Provided, however, the proceeds from the sale of such lieu lands may be used to purchase equivalent lands in the county which owned such lieu lands so sold, said purchase to be made as provided in Section 29-3-27.

HISTORY: Codes, 1942, § 4117; Laws, 1942, ch. 162; Laws, 1978, ch. 525, § 12; Laws, 1989, ch. 375, § 1; Laws, 1989, ch. 430, § 1, eff from and after passage (approved March 22, 1989).

Editor’s Notes —

Laws of 1989, ch. 430, § 2, provides as follows:

“SECTION 2. This act shall be given retroactive effect in those situations where a county has sold lands granted in lieu of sixteenth section lands located out of the county owning such lands and used the proceeds from such a sale to purchase equivalent lands in the county prior to July 1, 1978, for support of the township schools, provided that all other requirements of law have been met.”

Cross References —

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the secretary of state, see Editor’s Note following §29-3-1.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Principal fund to include funds received for sales of lieu lands pursuant to §§29-3-15 through29-3-25, see §29-3-113.

Retention of general rights, see §29-3-21.

OPINIONS OF THE ATTORNEY GENERAL

An appraisal is generally required to establish fair market value for the sale of sixteenth section lieu lands, and a county board of education should obtain two appraisals. Cheney, Jr., Feb. 16, 2001, A.G. Op. #2001-0024.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 60 et seq.

135 et seq.

CJS.

73A C.J.S., Public Lands § 131.

§ 29-3-21. Mineral rights in lieu lands.

All oil and mineral rights in and to the lieu lands disposed of under the provisions of Sections 29-3-15 through 29-3-25 shall be retained by said lieu land commission and shall remain the property of the township owning said lieu land.

HISTORY: Codes, 1942, § 4118; Laws, 1942, ch. 162; Laws, 1978, ch. 25, § 13, eff from and after July 1, 1978.

Cross References —

Principal fund to include funds received for sales of lieu lands pursuant to §§29-3-15 through29-3-25, see §29-3-113.

OPINIONS OF THE ATTORNEY GENERAL

Section 29-3-21 would apply where a proposed easement through 16th section land appears to be a change or improvement to or relocation of existing roads under the jurisdiction of a county, the school board must make a factual determination as to what amount will constitute adequate compensation for any easement granted to the county. Hemphill, Dec. 15, 2006, A.G. Op. 06-0602.

§ 29-3-23. Proceeds of sale of lieu lands.

  1. The proceeds derived from such sales shall be used for the benefit of the schools situated in the township owning the lands. The principal derived from the sale of such land shall not be spent, but only the interest and income derived from such funds may be spent.
  2. [Repealed]

HISTORY: Codes, 1942, § 4119; Laws, 1942, ch. 162; Laws, 1978, ch. 525, § 14; Laws, 1999, ch. 369, § 1, eff from and after passage (approved Mar. 15, 1999).

Editor’s Notes —

Former subsection (2), which provided counties could make restitution to school district for the principal amount of certain bonds purchased with proceeds from the sale of lieu lands that were not remitted to the school districts entitled to the proceeds, was repealed by its own terms, effective December 31, 2001.

Cross References —

Jurisdiction and powers of board of supervisors to expend funds as provided in §29-3-23(2), see §19-3-41(6).

Commission’s report of lieu lands sold to Legislature, see §29-3-25.

Investment and lending of funds received pursuant to §29-3-23(2), see §29-3-113(g).

RESEARCH REFERENCES

CJS.

73A C.J.S., Public Lands §§ 160-162.

§ 29-3-25. Report of sale of lieu lands.

Said lieu land commission shall make a report to the Legislature every year, setting forth a statement of all such lands sold during that year, and shall file a copy of said report with the Secretary of State.

HISTORY: Codes, 1942, § 4120; Laws, 1942, ch. 162; Laws, 1970, ch. 551, eff from and after July 1, 1970.

Cross References —

Principal fund to include funds received for sales of lieu lands pursuant to §§29-3-15 through29-3-25, see §29-3-113.

§ 29-3-27. Sale of lands situated within school district.

No sixteenth section lands or lands granted in lieu thereof, in whole or in part, situated within the school district holding or owning the same shall ever be sold, except that the board of education may, under the procedures hereinafter provided, sell such lands for industrial development thereon, therein, or thereunder to any persons, firms, or corporations in fee simple, or any lesser estate therein, for a purchase price not less than the fair market value thereof; and when any such sale is made, the deed shall be executed in the name of the State of Mississippi by the superintendent of the said board of education.

As used in this section and in Sections 29-3-29 and 29-3-61, the term “industrial development” shall include restoration as a tourist attraction the place where an organization was founded, which said organization has since been expanded to be national or international in its membership, scope, and influence.

As used in this section and in Sections 29-3-29 and 29-3-61, the term “industrial development” shall also include the consolidation of multiple parcels, each less than 160 acres and not to exceed 320 acres total, of forested sixteenth section lieu land as originally contained in Indemnity List 1 of School Sections approved February 26, 1859, and located in the same county as its controlling school district. Said consolidated parcels shall be utilized to facilitate significant timber industry research. This provision shall stand repealed on December 31, 2016.

The proceeds of the sale in fee simple of any sixteenth section, or lands granted in lieu thereof, in whole or in part, or such part of said proceeds as may be required to purchase acreage of equivalent fair market value, shall be used by the board of education, to purchase other land in the county, which land shall be held in the name of and reserved by the State of Mississippi for the support of the township schools in lieu of the land thus sold, as other sixteenth section lieu land is held, and shall be subject to all laws applicable thereto. Every such sale and every such purchase of land in lieu thereof shall be reported by the secretary of the board of education to the Secretary of State and to the State Forestry Commission within ninety (90) days after the consummation of each such sale and purchase. Any funds from a sale in fee simple of any sixteenth section land, or land granted in lieu thereof, in excess of any amount used to purchase said land in lieu thereof, shall be treated as corpus and shall be invested by the board of education as provided by law. Only the income from such investment shall be expended for current operating expenses of the schools.

HISTORY: Codes, 1930, § 6759; 1942, § 6597; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 443, § 1; Laws, 1948, ch. 497, § 1; Laws, 1961, 2nd Ex Sess ch. 2, § 1; Laws, 1962, ch. 364, § 1; Laws, 1968, ch. 411, § 1; Laws, 1978, ch. 525, § 15; Laws, 1989, ch. 430, § 3; Laws, 2016, ch. 379, § 1, eff from and after passage (approved Apr. 6, 2016).

Editor’s Notes —

Laws of 1987, ch. 391, § 1, provides as follows:

“SECTION 1. The certain transaction dated November 16, 1894, pursuant to Section 4160, Mississippi Code of 1892, involving the exchange of a certain one hundred forty-one and seventy-six one-hundredths (141.76) acres in Hancock County in lieu of all sixteenth section acreage in Township 20 North, Range 14 East, located in Clay County, is hereby confirmed, validated and ratified.”

Laws of 1989, ch. 430, § 2, provides as follows:

“SECTION 2. This act shall be given retroactive effect in those situations where a county has sold lands granted in lieu of sixteenth section lands located out of the county owning such lands and used the proceeds from such a sale to purchase equivalent lands in the county prior to July 1, 1978, for support of the township schools, provided that all other requirements of law have been met.”

Section 29-3-61, referred to in this section, provided for the lease of lands for industrial development and was repealed by Laws of 1978, ch. 525, § 55, eff from and after July 1, 1978.

Amendment Notes —

The 2016 amendment added the third paragraph; and in the last paragraph, inserted “in the name of” in the first sentence, and substituted “Secretary of State” for “State Land Commissioner” in the second sentence.

Cross References —

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the Secretary of State, see Editor’s Note following §29-3-1.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Sale or lease of sixteenth sections or lieu lands for use as industrial parks, see §29-3-29.

Sale or lease of lands other than sixteenth section lands or lieu lands, acquired by township trustees for school purposes, see §37-7-531.

Sale of lands belonging to University of Mississippi, see §37-115-5.

JUDICIAL DECISIONS

1. In general.

Timber on school lands held under a 99-year agricultural lease could not be sold by the board of supervisors without the consent of the lessee, in view of the latter’s right to “estovers”; and where board of supervisors sold such timber without lessee’s consent, lessee was entitled to maintain a suit to enjoin removal of the timber. Hood v. Foster, 194 Miss. 812, 13 So. 2d 652, 1943 Miss. LEXIS 109 (Miss. 1943).

Ninety-nine-year leases of sixteenth section lands are no longer permitted by law. Hood v. Foster, 194 Miss. 812, 13 So. 2d 652, 1943 Miss. LEXIS 109 (Miss. 1943).

The State Highway Commission may construct and maintain a public highway over school lands without compensation to the county for such use and without condemnation proceedings. Board of Sup'rs v. State Highway Com., 188 Miss. 274, 194 So. 743, 1940 Miss. LEXIS 30 (Miss. 1940).

OPINIONS OF THE ATTORNEY GENERAL

Local and private legislation would not be effective to authorize the sale of sixteenth section lands or lands granted in lieu thereof situated within the county for wildlife habitat preservation when the Constitution and statutes provide that such lands can be sold only for industrial development thereon. See Section 29-3-29. Griffith, April 19, 1995, A.G. Op. #95-0249.

Sixteenth Section Principal Fund Monies cannot be used to acquire two parcels of land for school purposes to enlarge a campus of a new school under construction except in the form of a loan subject to the requirements found in Section 29-3-113. Brown, April 30, 1996, A.G. Op. #96-0196.

In order to qualify for a proposed transaction under Sections 29-3-27 and 29-3-29, the Board of Education must make the determination on its minutes, consistent with fact, that the lands at issue were the site of the founding of this organization and that this organization has since expanded to national and international importance in its membership, scope and influence. Only then could the Board proceed with an industrial sale under Section 29-3-29. Webster, May 10, 1996, A.G. Op. #96-0267.

Based on the language of Sections 29-3-113 and 29-3-27, the County Board of Education may use interest and income derived from the proceeds of the sale of the sixteenth section land to the County Board of Supervisors toward the purchase of a 400-acre tract. The school board may not use money from the principal fund to purchase the 400 acres. Clifton, October 29, 1996, A.G. Op. #96-0685.

The district’s lieu lands are school trust lands and differ from other real property because of the fiduciary duty of the State and the Board in regard to the management of the property. The only way school trust lands may be severed by the school board from the school trust is prescribed in Section 29-3-27. Randolph, October 29, 1996, A.G. Op. #96-0634.

RESEARCH REFERENCES

CJS.

73A C.J.S., Public Lands §§ 125 et seq.

§ 29-3-29. Sales for use as industrial parks.

Before any sixteenth section school land or land granted in lieu thereof may be sold or leased for industrial development thereon, therein or thereunder under the provisions of this chapter, the board of education controlling such land shall first determine that such sale or lease will be fair market value. In the determination of the fair market value of said land the comparative sales method shall be used, and the highest and best use of said sixteenth section lands shall be determined on the basis of finding that said land shall be susceptible to any use that comparative land in private ownership may be used, that there will be prompt and substantial industrial development on, in, or under said land after the sale or lease, that the acreage to be sold or leased is not in excess of the amount of land reasonably required for immediate use and for such future expansion as may be reasonably anticipated, and that such sale or lease will be beneficial to and in the best interest of the schools of the district for which said land is held. All of said findings, including the amount of the sale price or gross rental for said land, shall be spread on the minutes of the board of education. Also, if the board of education proposes to sell said land, said board shall first enter into a contract or obtain a legal option to purchase, for a specified price not in excess of fair market value, other land in the county of acreage of equivalent fair market value, and such contract or option shall be spread on the minutes of said board. However, not more than one hundred (100) acres in any one (1) sixteenth section school lands in any county may be sold under this chapter for the purpose of being made an industrial park or a part of such industrial park, provided the provisions of this section and Sections 57-5-1 and 57-5-23 are fully complied with.

A certified copy of the resolution or order of the board of education, setting out the foregoing findings, together with a certified copy of the order approving and setting out the terms of the contract or option to purchase other lands where a sale of land is proposed and an application to the Mississippi Agricultural and Industrial Board for the certificate authorizing said sale or lease, shall be forwarded to the county board of supervisors, which board shall make an independent investigation of the proposed sale or lease and of the proposed purchase of other land.

If said county board of supervisors shall concur in the finding of fact of the board of education, and shall find that it is to the best interests of the schools of the district to enter into such sale or lease, it may enter on its minutes a resolution or order approving the action of the board of education.

If the said county board of supervisors shall not concur in the findings of the board of education, or shall find that the proposed sale or lease will not be in the best interest of the schools of the district, then it may, by resolution or order, disapprove the proposed sale or lease, and such action shall be final.

Except as otherwise permitted by Section 57-75-37(4)(f), there shall be reserved all minerals in, on, and under any lands conveyed under the provisions hereof. Provided, however, that in any county bordering on the State of Alabama, traversed by the Tombigbee River, in which U.S. Highway 82 intersects U.S. Highway 45 and in which is situated a state supported institution of higher learning, upon the sale of any sixteenth section lands for industrial purposes as provided by law, the board of education, the superintendent of education and the Mississippi Agricultural and Industrial Board, may sell and convey all minerals except oil, gas, sulphur and casinghead gas on, in and under the said sixteenth section lands so sold for industrial purposes. Said oil, gas, sulphur and casinghead gas shall be reserved together with such rights of use, ingress and egress as shall not unreasonably interfere with the use of the lands by the purchaser. Prior written approval for such use, ingress and egress, shall be obtained from the surface owner or, if such approval is unreasonably withheld, may be obtained from the chancery court of the county in which said land is located.

Certified copies of the resolutions or orders of the board of supervisors and of the board of education and of the application to the Mississippi Agricultural and Industrial Board shall be transmitted to the county superintendent of education, if there be one in the county, who, if he approves the proposed sale or lease, shall so certify and forward same to the Mississippi Agricultural and Industrial Board. If there be no county superintendent of education in the county, then the board of education whose district embraces the entire county shall so certify and transmit said copies to the Mississippi Agricultural and Industrial Board for further action.

Upon receipt of the aforesaid application and certified copies of the said resolution and orders, the Mississippi Agricultural and Industrial Board shall make investigation to determine whether or not the proposed sale or lease of said land will promote prompt and substantial industrial development thereon, therein, or thereunder. If the board finds that such sale or lease will promote prompt and substantial industrial development thereon, therein or thereunder, and further finds that the person, firm or corporation who proposes to establish said industry is financially responsible, and that the acreage to be sold or leased is not in excess of the amount of land reasonably required for immediate use and for such future expansion as may be reasonably anticipated, then the board, in its discretion, may issue a certificate to the board of education of said district so certifying, and said certificate shall be the authority for the board of education to enter into the proposed sale or lease. If the Mississippi Agricultural and Industrial Board does not so find, then it shall decline to issue said certificate which action shall be final.

The Mississippi Agricultural and Industrial Board, when issuing a certificate to the county board of education certifying its findings and authorizing said sale or lease, may, nevertheless, in its discretion, make such sale or lease conditioned on and subject to the vote of the qualified electors of said district. Upon receipt of a certificate so conditioned upon an election, or upon a petition as hereinafter provided for, the board of education, by resolution spread upon its minutes, shall forward a copy of the certificate to the board of supervisors who by resolution upon its minutes, shall call an election to be held in the manner now provided by law for holding county elections, and shall fix in such resolution a date upon which such an election shall be held, of which not less than three (3) weeks notice shall be given by the clerk of said board of supervisors by publishing a notice in a newspaper published in said county once each week for three (3) consecutive weeks preceding the same, or if no newspaper is published in said county, then in a newspaper having a general circulation therein, and by posting a notice for three (3) weeks preceding said election at three (3) public places in said county. At such election, all qualified voters of the county may vote, and the ballots used shall have printed thereon a brief statement of the proposed sale or lease of said land, including the description and price, together with the words “For the proposed sale or lease” and the words “Against the proposed sale or lease,” and the voter shall vote by placing a cross (x) or check (v) opposite his choice of the proposition. Should the election provided for herein result in favor of the proposed sale or lease by at least two-thirds (2/3) of the votes cast being in favor of the said proposition, the board of supervisors shall notify the board of education who may proceed forthwith to sell or lease said land in accordance with the proposition so submitted to the electors. If less than two-thirds (2/3) of those voting in such special election vote in favor of the said sale or lease, then said land shall not be sold or leased.

The board of education shall further be required, prior to passing of a resolution expressing its intent to sell said land, to publish a notice of intent to sell said land for three (3) consecutive weeks in a newspaper published in said county or, if there be none, in a newspaper having a general circulation in said county, and to post three (3) notices thereof in three (3) public places in said county, one (1) of which shall be at the courthouse, for said time. If within the period of three (3) weeks following the first publication of said intent, a petition signed by twenty percent (20%) of the qualified electors of said county shall be filed with the board of supervisors requesting an election concerning the sale, then an election shall be called as hereinabove provided.

HISTORY: Codes, 1942, § 6597-01; Laws, 1948, ch. 497, § 2; Laws, 1961, 2nd Ex Sess ch. 2, § 2; Laws, 1962, ch. 364, § 2; Laws, 1968, ch. 412, § 1; Laws, 1975, ch. 397; Laws, 1978, ch. 525, § 16; Laws, 1989, ch. 430, § 4; Laws, 2016, 1st Ex Sess, ch. 1, § 20, eff from and after passage (approved Feb. 8, 2016).

Editor’s Notes —

Section 57-1-2 provides that the words “Agricultural and Industrial Board” shall mean the “Department of Economic and Community Development.”

Laws of 1989, ch. 430, § 2, provides as follows:

“SECTION 2. This act shall be given retroactive effect in those situations where a county has sold lands granted in lieu of sixteenth section lands located out of the county owning such lands and used the proceeds from such a sale to purchase equivalent lands in the county prior to July 1, 1978, for support of the township schools, provided that all other requirements of law have been met.”

Amendment Notes —

The 2016 1st Extraordinary Session amendment added the exception at the beginning of the fifth paragraph.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Reservation of mineral rights in lieu lands, see §29-3-21.

JUDICIAL DECISIONS

1.-3. [Reserved for future use.]

4. Under former law.

1.-3. [Reserved for future use.]

4. Under former law.

Under § 6609, Code of 1942 now repealed but substantially re-enacted in § 7 of chapter 443, Laws of 1946 it was held that where notes were executed for the rental of sixteenth section school lands which were payable in middling cotton, and the notes were past due, although the notes were not negotiable they were good and enforceable as between the parties. Terry v. Superintendent of Education, 211 Miss. 462, 52 So. 2d 13, 1951 Miss. LEXIS 377 (Miss. 1951).

Lessee of rural school lands had no right to recover value of improvements erected thereon after the lease had expired and a renewal had been executed to another, where no estoppel or other equitable rights existed. Smith v. Young, 199 Miss. 658, 24 So. 2d 746, 1946 Miss. LEXIS 237 (Miss.), modified, 199 Miss. 658, 25 So. 2d 136, 1946 Miss. LEXIS 238 (Miss. 1946).

The rule that one who erects improvements on the land of another, absent estoppel or other equitable rights, has no right to remove them, except trade structures where the relationship is one of landlord and tenant, applies with respect to a lessee of rural school lands in a sixteenth section. Smith v. Young, 199 Miss. 658, 24 So. 2d 746, 1946 Miss. LEXIS 237 (Miss.), modified, 199 Miss. 658, 25 So. 2d 136, 1946 Miss. LEXIS 238 (Miss. 1946).

Lessee of rural lands in a sixteenth section who sold the lease to purchaser had no right to demand a renewal in his name after the expiration of the original lease as against another to whom a renewal lease to begin at the expiration date of the original lease had been executed, where the purchaser had informed the superintendent of education that he did not care to renew the lease, even though shortly after the execution of the renewal lease and before the expiration of the original lease the original lessee procured a reconveyance of the lease from the purchaser in lieu of foreclosure of deed of trust executed by the purchaser. Smith v. Young, 199 Miss. 658, 24 So. 2d 746, 1946 Miss. LEXIS 237 (Miss.), modified, 199 Miss. 658, 25 So. 2d 136, 1946 Miss. LEXIS 238 (Miss. 1946).

Priority given lessee of sixteenth section lands within a municipality under Code 1942, § 6611 in respect to renewal of the lease does not extend to owners of such leaseholds outside of a city, town or village under this section. Smith v. Young, 199 Miss. 658, 24 So. 2d 746, 1946 Miss. LEXIS 237 (Miss.), modified, 199 Miss. 658, 25 So. 2d 136, 1946 Miss. LEXIS 238 (Miss. 1946).

Sale of leasehold estate of sixteenth section lands to the state for nonpayment of taxes merged the unexpired term thereof in the greater fee simple title of the state and extinguished it, so that the state land commissioner was without power to sell such leasehold and issue a patent therefor. McCullen v. Mercer, 192 Miss. 547, 6 So. 2d 465, 1942 Miss. LEXIS 38 (Miss. 1942).

This act did not contemplate a blanket waiver of the county’s right; but a release by the county of its lien must set forth the facts so that the board of supervisors may determine what is a reasonable sum and what are reasonable finances, so that a contract waiving absolutely and unconditionally the entire rights of the county to an undetermined amount of financial assistance, without any determination or finding by the board of supervisors as to the amount necessary, is not valid. Sharkey County v. Southern Credit Corp., 186 Miss. 494, 191 So. 90, 1939 Miss. LEXIS 228 (Miss. 1939).

Under this act the board of supervisors is required to exercise an official discretion as to the amount of the finances necessary and the probable value of the products to be grown, and the ability of the tenant to secure finances without a waiver, in order to give a valid release of the county’s lien for rent. Sharkey County v. Southern Credit Corp., 186 Miss. 494, 191 So. 90, 1939 Miss. LEXIS 228 (Miss. 1939).

Under this section, a contract for relief by the county of its lien for rent of leased school land undertaking to waive absolutely and unconditionally the entire rights of the county to an undetermined amount of financial assistance, making the person furnishing financial assistance the judge of the reasonableness of the assistance furnished, or permitting the tenant to determine that amount without reference to any finding by the board of supervisors as to the amount necessary, was void as not setting forth the facts and reasons in detail for determining the reasonable sum and reasonable finances specified in the act. Sharkey County v. Southern Credit Corp., 186 Miss. 494, 191 So. 90, 1939 Miss. LEXIS 228 (Miss. 1939).

Where county superintendent of education leased school land for years 1927 to 1931, inclusive, and tenant went into possession thereof, but no order was entered on minutes of board of supervisors directing or approving lease, the tenancy did not shift liability for payment of drainage taxes from county to tenant under statute imposing liability on lessee. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

Lease for school land, though only for one year, cannot rest in parol, and terms thereof must appear from an order on minutes of board of supervisors directing or approving the lease. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

Where county superintendent of education leased school land which was not situated in city, town or village, and tenant went into possession thereof, but no order was entered on minutes of board of supervisors directing or approving lease, it did not become effective as such, and lessee, at most, became only a tenant of land at will. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

Where county superintendent of education verbally leased school land to tenant for year 1932 and pursued same course for two succeeding years, lease did not relieve county of liability for drainage taxes under statute imposing liability. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

Where payment of drainage taxes on school land was not discussed at time lease was made with county superintendent of education, nor referred to in oral contract of lease therefor, liability for payment of drainage taxes remained with board of supervisors, under statute imposing liability on lessee. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

OPINIONS OF THE ATTORNEY GENERAL

Local and private legislation would not be effective to authorize the sale of sixteenth section lands or lands granted in lieu thereof situated within the county for wildlife habitat preservation when the Constitution and statutes provide that such lands can be sold only for industrial development thereon. Griffith, April 19, 1995, A.G. Op. #95-0249.

In order to qualify for a proposed transaction under Sections 29-3-27 and 29-3-29, the Board of Education must make the determination on its minutes, consistent with fact, that the lands at issue were the site of the founding of this organization and that this organization has since expanded to national and international importance in its membership, scope and influence. Only then could the Board proceed with an industrial sale under Section 29-3-29. Webster, May 10, 1996, A.G. Op. #96-0267.

If sixteenth section land to be sold pursuant to the industrial development statutes is located in a shared township, an affected school district sharing in said revenue is not required to approve the sale; the board of education controlling such land would make the proposal to sell said land pursuant to the provisions of Section 29-3-29 and its decision must be made as a trustee for all of the school districts involved. Cheney, May 16, 2003, A.G. Op. 03-0163.

The governmental bodies involved under Section 29-3-1 and Section 29-3-29 are under a duty to enforce the provisions of the trust and to determine what is in the best interest of all of the inhabitants of the township. Cheney, May 16, 2003, A.G. Op. 03-0163.

RESEARCH REFERENCES

CJS.

73A C.J.S., Public Lands §§ 125 et seq.

§ 29-3-31. Survey and classification of lands in Choctaw Purchase.

It is hereby made the duty of the board of education, using the services of all appropriate public agencies, to survey and classify all sixteenth section lands in the Choctaw purchase and lands granted in lieu thereof reserved for the support of township schools. Said lands shall be classified into eight (8) categories, as follows: (1) forest land; (2) agricultural land; (3) industrial land; (4) commercial land; (5) farm-residential land; (6) residential land; (7) recreational land; and (8) other land. The classifications shall be applied to said lands based upon the finding of the highest and best use of each parcel or tract for producing a maximum of revenue by proper utilization. In determining the highest and best use of these lands, the same principles shall be followed as are applied in determining the highest and best use of land in private ownership. Notwithstanding anything herein to the contrary, all land that is being used as “residential land” or “farm-residential land” shall continue to be classified as “residential land” or “farm-residential land” until such land ceases to be used as a residence.

All sixteenth section lands in the Choctaw purchase and lands granted in lieu thereof, regardless of classification, shall be deemed to contain oil, gas and minerals, including the following: (a) oil, gas, carbon dioxide and other gaseous substances; (b) metals, compounds of metals or metal-bearing ores; (c) coal, including anthracite, bituminous, subbituminous, lignite and their constituent components and products and minerals intermingled or associated therewith; and (d) sulphur, salt, sand, gravel, fill dirt and clay.

Such oil, gas and minerals shall be leased for exploration, mining, production and development as provided for in Section 29-3-99, regardless of the classifications of the lands in, on or under which such oil, gas and minerals are situated. Statutory procedures for the leasing of the surface of the land in such eight (8) classifications shall not apply to such oil, gas and minerals in, on or under such lands.

Such oil, gas and minerals shall be deemed a separate classification of sixteenth section lands for the purpose of Section 211 of the Mississippi Constitution.

HISTORY: Codes, 1942, § 6598-06; Laws, 1958, ch. 303, § 6; Laws, 1978, ch. 525, § 17; Laws, 1992, ch. 486 § 1, eff from and after passage (approved May 7, 1992).

Cross References —

Constitutional provision for determination of title to sixteenth sections, see Miss. Const. Art. 8 § 211.

Supervisory power of Secretary of State over Choctaw school lands, see §29-1-3.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Sale of lands granted in lieu of sixteenth sections, see §§29-3-15 et seq.

Definition of land classifications see §29-3-33.

Leases of land for oil, gas and mineral exploration, mining, production and development, see §29-3-99.

JUDICIAL DECISIONS

1. In general.

No delay on the part of the land commissioner in classifying sixteenth section and lieu lands either as forest lands or otherwise affects the mandatory requirement of Code 1942, § 6598-12 that the board of supervisors shall enter into agreements with the state forestry commission relative to the management of forest lands and the regulation of and sale of timber from such lands, and a demurrer to a bill of complaint filed by the State of Mississippi against the members of the board of supervisors of Amite county, the sureties on their bonds, and the proposed purchaser of timber should have been overruled. State ex rel. Patterson v. Buffalo Wood, Inc., 204 So. 2d 853, 1967 Miss. LEXIS 1218 (Miss. 1967).

OPINIONS OF THE ATTORNEY GENERAL

Sixteenth section lands are not validly classified as “farm residential land” if the lease holder does not reside on the property or meet one of the exceptions in Miss. Code Section 29-3-33(f), and the board of education has a duty to reclassify the land based on its “highest and best use . . . for producing a maximum of revenue”. Frierson, July 18, 1997, A.G. Op. #97-0431.

In connection with the lease by a school district of agricultural land to a developer under a residential development lease contract, the district may not reclassify a swamp and shallow lake on the property to “recreation” or “other” and lease that land for one dollar per acre because of the board’s obligation to the board of education as trustee to obtain the highest and best return possible from sixteenth section land. Chaney, Nov. 25, 2002, A.G. Op. #02-0629.

Any reclassification of 16th section school trust land is impermissible if it results in a reduction in the annual rent. Furthermore, once 16th section land which has been classified as agricultural, it may not thereafter be reclassified as farm-residential. Cheney, Sept. 24, 2004, A.G. Op. 04-0457.

§ 29-3-33. Lands defined for classification.

For the purpose of determining the proper category for such lands and the oil, gas and other minerals in, on and under such lands, the following definitions shall be controlling unless the context clearly indicates otherwise:

“Forest land” shall mean all land at least ninety percent (90%) of the total area of which is at present forest or wasteland, or land which will produce a maximum of revenue by utilization to produce timber or other forest products, shall be classified as forest land. The unit of measurement to be used in arriving at the classification of forest land shall be the smallest division of the government survey covering said lands in counties where such government survey has been made, and in other counties shall be forty (40) acres.

“Agricultural land” shall mean land most suitable for pasturage or cultivation.

“Industrial land” shall mean land most suitable for port, harbor, industrial, manufacturing or warehousing use.

“Commercial land” shall mean land most suitable for wholesale or retail businesses, financial institutions, professional offices and clinics, service trades and occupations, privately owned public utilities and similar businesses.

“Residential land” shall mean any tract of land upon which the lessee or board-approved sub-lessee is residing. Such lands shall be set up, as nearly as possible, in a rectangular form so as to include the houses and such other permanent improvements as may have been placed thereon by said lessee or his predecessor in title; provided, however, that such tract of land shall not exceed five (5) acres.

“Farm residential land” shall mean any tract of land upon which a leaseholder resides not exceeding one hundred sixty (160) acres in size existing on July 1, 1978, which is utilized for agricultural purposes. Provided, however, that farm residential land may consist of two (2) noncontiguous tracts not exceeding one hundred sixty (160) acres in the aggregate (a) with reasonable easements connecting the residential and outlying tracts; or (b) within the residential tract situated a distance not exceeding one and one-half (11/2) miles from the outlying tract. Provided further that no sixteenth section lands or lands granted in lieu thereof, situated in a county lying wholly or partially within a levee district shall be classified as farm residential land.

“Recreational land” shall mean land most suitable for uses which provide for activities or services of a recreational nature. Recreational nature shall include, but not be limited to, parks, campsites, lodges and similar uses and facilities.

“Catfish farming land” shall mean land most suitable for the construction of catfish ponds and for wholesale or retail catfish farm raising and harvesting.

“Other land” shall mean any land which is not suitable for any of the uses described above.

“Oil, gas and minerals” shall mean the following: (i) oil, gas, carbon dioxide and other gaseous substances; (ii) metals, compounds of metals, or metal-bearing ores; (iii) coal, including anthracite, bituminous, subbituminous, lignite and their constituent components and products and minerals intermingled or associated therewith; and (iv) sulphur, salt, sand, gravel, fill dirt and clay, in, on and under the lands classified above. Such oil, gas and minerals shall be a classification of land separate and distinct from the classifications set forth above in paragraphs (a) through (h) inclusive.

HISTORY: Codes, 1942, § 6598-07; Laws, 1958, ch. 303, § 7; Laws, 1978, ch. 525, § 18; Laws, 1992, ch. 486 § 2; Laws, 1995, ch. 623, § 1, eff from and after July 1, 1995.

Cross References —

Duty of board of education to classify land in the Choctaw Purchase, see §29-3-31.

Public agencies to assist in classification of land according to the definitions set out in this section, see §29-3-35.

Objections to classifications, see §29-3-37.

Reclassification of lands, see §29-3-39.

Leasing of agricultural land, see §29-3-81.

Leasing of land not classified as agriculture, see §29-3-82.

OPINIONS OF THE ATTORNEY GENERAL

Land that is presently classified as forest land which is to be leased to a county school district would require a reclassification of land use as is found in Sections 29-3-33 and 29-3-39. In evaluating the appropriate rental compensation to the city school district, the rental rate must comply with 29-3-63(2). Hilbun, August 23, 1995, A.G. Op. #95-0567.

A tract of land is properly classified as “farm residential land” only if the lease holder uses the property for agricultural purposes and resides directly upon the leased premises, the leaseholder resides on a residential tract for which there are “reasonable easements connecting the residential tracts” or resides on a “residential tract” that is “situated a distance not exceeding one and one-half (1-1/2) miles from the outlying tract”. Frierson, July 18, 1997, A.G. Op. #97-0431.

The “residential tract” mentioned in subsection (f)(b) consists of the tract where the leaseholder resides, must be located on sixteenth section land, and may not consist of privately owned land beyond sixteenth section land. Bryan, Feb. 4, 2000, A.G. Op. #2000-0039.

The intent of the language used by the legislature in subsection (f) was to allow a residential tract to be located outside of the school section, as long as it is located within 1-1/2 miles of the outlying tract. Boyles, Nov. 3, 2000, A.G. Op. #2000-0639.

The clear intent of the legislature in the definition stated in subsection (f) of this section is that no land may be classified farm-residential unless it has been classified continuously as farm residential since July 1, 1978. Cheney, Sept. 24, 2004, A.G. Op. 04-0457.

Section 29-3-69 indicates that sub-leasing or assignment of any lease is permissible if it is provided for in the lease contract or at the discretion of the board of education. The statute does not provide for partial assignments. Cheney, Sept. 24, 2004, A.G. Op. 04-0457.

§ 29-3-35. Public agencies to assist in classification.

The board of education is authorized and empowered to supervise and direct the classification of all sixteenth section lands or lieu lands, according to the definition hereinabove set out. In making the classifications provided by Sections 29-3-31 through 29-3-39, the board of education is authorized and empowered to request the services of any public agency within this state which is equipped and qualified to assist in such classification. It is hereby made the duty of any such agency when so requested to assist the board of education in making such classification.

HISTORY: Codes, 1942, § 6598-08; Laws, 1958, ch. 303, § 8; Laws, 1978, ch. 525, § 19, eff from and after July 1, 1978.

Cross References —

Duties of secretary of state generally, see §7-11-11.

Supervisory power of Secretary of State over Choctaw school lands, see §29-1-3.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Sale of lands granted in lieu of sixteenth sections, see §§29-3-15 et seq.

Definition of land classifications, see §29-3-33.

§ 29-3-37. Objections to classification.

At any time when any or all portions of such land lying in a county shall have been classified as hereinabove required, a classification report shall be compiled by the board of education and filed with the public lands division of the secretary of state who shall provide forms for such purpose. The board of education shall immediately cause notice to be given of the completion of such classification, such notice to be published in a newspaper in said county once each week for three (3) consecutive weeks, or if no newspaper is published in said county then in a newspaper having a general circulation therein, listing all lands so classified and notifying all parties in interest that they will have a right to appeal and object to the classification as made. If no objections are made as to the classification of any particular parcel of said land by the public lands division of the secretary of state or any other party in interest, which objection must be reduced to writing and filed with the chancery clerk within thirty (30) days from the date of the final publication, the classification as to such parcel or parcels of land shall be final. A copy of such notice shall be mailed by the superintendent of education to each lessee of any part of such lands, such notice to be so mailed not later than the date of the first publication of the notice of the classification of such land, which notice shall also set forth the classification which has been established for all lands under lease by such lessee. If objections are filed, then the matter shall be heard by the chancery court in term time or in vacation, and the court shall either confirm or modify the classification as the circumstances shall demand. Upon the filing of such objection by an individual other than the public lands division of the secretary of state, the chancery clerk shall immediately forward a certified copy of such objection to the public lands division of the secretary of state and the appropriate board of education, along with any necessary service of process. The public lands division of the Secretary of State and any other person aggrieved by the order of the chancery court shall have the same rights of appeal as is provided by law for appeals from other orders of the chancery court, and such appeal shall be perfected as other appeals are now required to be so perfected.

The cost of any such classification or reclassification under Section 29-3-39 shall be paid from any available sixteenth section school funds or other school funds of the district.

HISTORY: Codes, 1942, § 6598-09; Laws, 1958, ch. 303, § 9; Laws, 1978, ch. 525, § 20; Laws, 1983, ch. 454, eff from and after passage (approved March 31, 1983).

Cross References —

Duties and powers of Secretary of State, generally, see §7-11-11.

Other miscellaneous duties of chancery clerk, see §9-5-137.

Jurisdiction and powers of board of supervisors generally, see §19-3-41.

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the Secretary of State, see Editor’s Note following §29-3-1.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Public agencies to assist in classification, see §29-3-35.

Reclassification of lands, see §29-3-39.

§ 29-3-39. Reclassification of lands.

It shall be the duty of the board of education to survey periodically the classification of all sixteenth section land under its jurisdiction and to reclassify that land as it may deem advisable because of changes of conditions, and when any land is so reclassified, the board of education shall file a report thereof with the Secretary of State. From time to time the Secretary of State may institute proceedings to reclassify any sixteenth section lands which he may deem advisable and when any land is so reclassified, the Secretary of State shall file a report thereof with the board of education. When any land is reclassified under this section, notice thereof, rights to object thereto and rights to appeal therefrom shall be given in the same manner provided in Section 29-3-37 with reference to the original classification. However, all sixteenth section land shall be classified, or reclassified as is necessary, within one (1) year prior to the expiration date of any existing lease, and within sixty (60) days of the terminating of any lease of sixteenth section land by final court order. In all litigation which may result from the classification or reclassification of lands by the Secretary of State under Sections 29-3-31 through 29-3-39, the Secretary of State shall be represented by the Attorney General, who shall have control of the litigation except as otherwise authorized in Section 7-5-39, but it shall be the duty of the various boards of education to furnish local legal assistance when requested so to do by the Attorney General.

HISTORY: Codes, 1942, § 6598-10; Laws, 1958, ch. 303, § 10; Laws, 1978, ch. 525, § 21; Laws, 2012, ch. 546, § 13, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment throughout the section, substituted “Secretary of State” for “state land commission” or similar language; made a minor stylistic change in the first sentence; substituted “However” for “Provided, however, that” in the fourth sentence; and inserted “except as otherwise authorized in Section 7-5-39” in the last sentence.

Cross References —

Duties and powers of Secretary of State, generally, see §7-11-11.

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the Secretary of State, see Editor’s Note following §29-3-1.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Cost of reclassification being paid from any available sixteenth section school funds or other funds of school district, see §29-3-37.

JUDICIAL DECISIONS

1. In general.

The State Land Commissioner has the authority to initiate reclassification proceedings. Tally v. Carter, 318 So. 2d 835, 1975 Miss. LEXIS 1449 (Miss. 1975).

Sixteenth section lands may be reclassified only when it is necessary to do so in order to produce a maximum of revenue. Tally v. Carter, 318 So. 2d 835, 1975 Miss. LEXIS 1449 (Miss. 1975).

Where county superintendent of education filed objections to reclassification by the State Land Commissioner, the lessees of such land were entitled to file answers to the objections. Tally v. Carter, 318 So. 2d 835, 1975 Miss. LEXIS 1449 (Miss. 1975).

Judicial review by the chancery court of the action of the Land Commissioner in reclassifying sixteenth section lands is limited to a determination of whether or not the reclassification is required in order to produce a maximum of revenue, and the burden of proof in this respect is on the proponent of reclassification. Tally v. Carter, 318 So. 2d 835, 1975 Miss. LEXIS 1449 (Miss. 1975).

OPINIONS OF THE ATTORNEY GENERAL

Land that is presently classified as forest land which is to be leased to a county school district would require a reclassification of land use as is found in Sections 29-3-33 and 29-3-39. In evaluating the appropriate rental compensation to the city school district, the rental rate must comply with 29-3-63(2). Hilbun, August 23, 1995, A.G. Op. #95-0567.

Sixteenth section lands are not validly classified as “farm residential land” if the lease holder does not reside on the property or meet one of the exceptions in Miss. Code Section 29-3-33(f), and the board of education has a duty to reclassify the land based on its “highest and best use . . . for producing a maximum of revenue”. Frierson, July 18, 1997, A.G. Op. #97-0431.

§ 29-3-40. Farm residential or residential lands exchanged for other lands of equal value.

The land commissioner is authorized, in his discretion, to make a feasibility study to determine if sixteenth section lands and lieu lands classified as farm residential or residential lands could be exchanged for other lands of equal value located within the same county, without injury to the value of the lands held in trust for the public schools.

HISTORY: Laws, 1978, ch. 525, § 50, eff from and after July 1, 1978.

Editor’s Notes —

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Cross References —

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the Secretary of State, see Editor’s Note following §29-3-1.

Definitions of “farm residential land” and “residential land,” see §29-3-33.

§ 29-3-41. Lease of forest lands restricted.

After any parcels of sixteenth section lands have been classified as hereinabove provided, all land which has been classified as forest land and which is not now under lease shall hereafter not be leased. The lands classified as forest lands which may be under a lease that has a fixed date of expiration shall not be re-leased when said lease expires; nor shall the lessee be permitted to cut or remove any timber therefrom except according to the terms of his lease. Such lands shall be reserved and kept as forest lands. Provided further, that the mineral rights in all such lands may be leased for oil, gas, or mineral purposes, and the board of education may grant leases to the surface of said lands classified as forest, which are limited to hunting and fishing rights and activities in relation thereto, and which shall not extend for a period longer than fifteen (15) years. It shall be the duty of the board of education to lease said hunting and fishing rights at public contract after having advertised same for rent in a newspaper published in said county or, if no newspaper be published in said county, then in a newspaper having a general circulation therein, for two (2) successive weeks, the first being at least ten (10) days prior to said public contract. Said hunting and fishing rights shall be leased to the person offering the highest annual rental. Bids received by the board of education in response to the advertisement shall be opened at a regular or special meeting of the board. The board of education, at its option, may reject all bids or accept the highest and best bid received in response to the advertisement, or the board of education may hold an auction among those who submitted bids in response to the advertisement, provided that three (3) or more persons who submitted bids in response to the advertisement participate in the auction. The opening bid at the auction shall be the highest bid received in response to the advertisement. Provided that if the board of education receives an acceptable bid or elects to hold an auction, the most recent holder of said hunting and fishing rights if it shall have made an offer, shall have the final right to extend its lease for the term advertised at the annual rental equal to said highest offer received by the board of education, or equal to the highest bid offered at the auction, as the case may be.

If no bid acceptable to the board of education is received after said advertisement, the board of education may, within ninety (90) days, lease same by private contract for an amount greater than the highest bid previously rejected. If the board of education determines to lease the land by private contract, the most recent holder of said hunting and fishing rights, if it shall have made an offer, shall have the final right to extend its lease on the same terms and conditions as those contained in the private contract proposed to be accepted by the board of education.

HISTORY: Codes, 1942, § 6598-11; Laws, 1958, ch. 303, § 11; Laws, 1978, ch. 525, § 22; Laws, 1993, ch. 396, § 1; Laws, 2011, ch. 493, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment in the first paragraph, added the seventh through ninth sentences, inserted “or elects to hold an auction” and “or equal to the highest bid offered at the auction as the case may be” in the last sentence.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Definition of term “forest land,” see §29-3-33.

Mineral leases, see §§29-3-85,29-3-99.

Setting aside, reservation, and dedication of sixteenth section and lieu lands for public parks and recreation areas, see §29-3-87.

JUDICIAL DECISIONS

1. Rights of most recent leaseholder.

The plain language of the statute required that the most recent leaseholder be granted a hunting and fishing lease where another person made a higher bid for the lease and the most recent leaseholder then tendered a check equal to that bid. Tucker v. Prisock, 791 So. 2d 190, 2001 Miss. LEXIS 62 (Miss. 2001).

OPINIONS OF THE ATTORNEY GENERAL

A decedent’s interest in the leasehold property, which vested in his heirs at law at the time of his death, sufficiently entitles them the right to extend the lease upon expiration of the original term, pursuant to Section 29-3-41. Chaney, June 21, 1996, A.G. Op. #96-0384.

A shool board did not have authority to extend a lease with a specified individual as a result of the fact that he did not have access for several months. Mayfield, May 30, 2002, A.G. Op. #02-0293.

If a school board determines that a nondiscriminatory clause is prudent and in the best interest of the school district, then it may include such a provision in its sixteenth section leases. Mayfield, May 31, 2002, A.G. Op. #02-0292.

Section 29-3-41 does not provide for a reduction in the rental payment due by the lessee. Covington, Oct. 6, 2006, A.G. Op. 06-0446.

§ 29-3-43. Improvements on forest lands.

If any sixteenth section land is declared forest land at the end of a lease, the board of education shall make an appraisal and either pay a suitable amount to the lessee for the improvements or allow lessee to remove the same from the section land.

HISTORY: Codes, 1942, § 6598-15; Laws, 1958, ch. 303, § 15; Laws, 1978, ch. 525, § 23, eff from and after July 1, 1978.

Cross References —

Jurisdiction and powers of boards of supervisors generally, see §19-3-41.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Definition of “forest land,” see §29-3-33.

Setting aside, reservation, and dedication of sixteenth section and lieu lands for public parks and recreation areas, see §29-3-87.

JUDICIAL DECISIONS

1. In general.

Effect of §29-3-43 is to grant board of education option to purchase improvements or allow improvements to be removed, not to give lessee “right” to choose whether to remove improvements or “require” board of education to purchase them. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

§ 29-3-45. Management of forest lands.

    1. The board of education shall, by order placed upon its minutes, enter into an agreement with the State Forestry Commission for the general supervision and management of all lands classified as forest lands and of all timber or other forest products under the control of the board on sixteenth section lands, and lieu lands which have not been so classified. However, any school board may contract with private persons or businesses for the reforestation of sixteenth section lands and may contract with a registered forester to be paid from the 16th Section Interest Fund for a review of any forestry management decision or forestry practice including the sale of timber for sixteenth section forest land provided that any implementation of a forestry management decision or forestry practice to be taken as a result of the review described in this subsection shall be subject to the approval of both the commission and the Secretary of State. When such agreement has been entered into, no timber or other forest products shall be sold from any of the sixteenth section lands or lieu lands except such as have been marked or approved for cutting by the State Forestry Commission’s employees. The Forestry Commission, or its designated employee, shall fix the minimum total cash price or minimum price per unit, one thousand (1,000) feet or other measure, at which the marked timber or other forest products shall be sold. The sales may be made for a lump sum or upon a unit price as in the opinion of the board may be calculated to bring the greatest return. Sales shall be made upon such other terms and conditions as to manner of cutting, damages for cutting of unmarked trees, damages to trees not cut and other pertinent matters as the board of education shall approve.
    2. The State Forestry Commission shall have the sole authority and control in scheduling of all cutting and harvesting of timber or other forest products when such timber stands or other forest products are determined by the State Forestry Commission to be economically ready for cutting and harvesting.
    3. Should a school board disagree with the Forestry Commission concerning the time of cutting and harvesting, the board may make an appeal to the Forestry Commission at a regular monthly scheduled meeting of the commission. If the school board is not satisfied after the appeal to the commission, the board may then appeal to the Secretary of State who will make the final decision as to the time for cutting and harvesting. In the event that the local school board is divested of its management authority under subsection (3) hereof, the Secretary of State after due consultation with the Forestry Commission shall retain the right to make final decisions concerning the management and sale of timber and other forest products.
    4. It is hereby made the duty of the State Forestry Commission, from time to time, to mark timber which should be cut from the lands, to determine what planting, deadening or other forestry improvements should be made, giving due consideration to food and habitat for wildlife, and to report to the appropriate board of education. The State Forestry Commission and the board of education shall supervise the cutting of any timber or harvesting of other forest products sold from the lands herein designated and shall have authority to require any timber-cutting operations on the lands to cease until proper adjustment is made, whenever it shall appear that timber is being cut in violation of the terms of the sale. In the event that it is desired to lease any of such lands or standing timber for turpentine purposes, such lease shall only cover such trees as the State Forestry Commission shall designate, and the commission through its employees shall approve the number of faces, method of chipping and boxing of such timber, and shall fix a minimum total cash price or minimum price per unit.
    5. No sale of any timber, turpentine or other forest products lease shall be made until notice of same shall have been published once a week for 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 for the sale, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition thereto, by posting a copy of such notice for at least twenty-one (21) days next preceding such sale at three (3) public places in such county.
    6. Notwithstanding the above provision pertaining to the sale of any timber, turpentine or other forest products, in the event that timber must be cleared from an existing road or existing utility right-of-way, the public notice requirement may be waived. Prior to waiver of the public notice requirement, the State Forestry Commission must make a finding that, due to the small area of timber to be cleared, a public notice sale would not be in the best interest of the local board of education. If the State Forestry Commission makes such a finding, then it shall set the value of the timber to be paid to the local board of education by the party requesting the timber be removed.
    7. Provided, however, in the case of damage by fire, windstorm 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 local board of education, with a written recommendation from a designated employee of the State Forestry Commission filed in the minutes of the local board of education, shall determine when immediate sale of the timber is required. When the board of education shall find an immediate sale necessary for the causes stated herein, it shall, in its discretion, set the time for receipt of bids on the purchase of the timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received.
    1. A local board of education having control of the sixteenth section lands in the Hurricane Katrina Disaster of 2005 shall be granted emergency powers to take any and all actions of a reasonably prudent trustee acting under emergency conditions to recover damaged timber, prevent further loss or damage to timber, and to minimize economic loss. All such actions shall be taken in consultation with and shall be subject to the prior approval from the Secretary of State and the State Forestry Commission. The emergency powers shall be as follows:
      1. Contract with any individual or entity for management advice, sale of timber, clearing of damage to timber producing lands, transporting of timber, repairing access roads to timber lands, conducting aerial spraying, or taking any other type of action to prevent further loss of timber or diminution in value of existing timber as the result of the incident which necessitated the declaration of a natural disaster. In contracting with any individual or entity, the local board of education shall use its best efforts to ensure that all costs incurred are reasonable and that a fair price is received for all sales.
      2. Enter into agreements with any individual, private company, or other governmental entities for the pooling of resources, or the sharing of costs so as to maximize the mitigation of loss and minimize the expense of mitigating the loss of timber.
      3. Apply for any state, federal, or private party grant or nonrepayable funds to cover costs associated with emergency management contracts, sale timber, including loss for diminution of value, transporting of timber, replanting of timber, repairing access roads to timber, conducting aerial spraying, or reimbursement for any other action taken to prevent further timber damage, as well as mitigating the loss of funds due to damage.
    2. The emergency powers granted herein shall be for a period of one (1) year from the date of designation as a disaster area due to Hurricane Katrina. The emergency powers may be extended for one (1) additional one-year period upon prior written approval from the Secretary of State.
    3. The emergency powers shall also apply to the management of timber by the Secretary of State pursuant to subsection (3) of this section.
    4. In the event a local board of education is unable to acquire the services of the State Forestry Commission or the Secretary of State to meet an immediate need to salvage, remove or take other appropriate action on damaged timber, the local board of education shall unilaterally be granted the authority to take such actions as necessary regarding the management or sale of timber or other forest products.
    5. In exercising emergency powers, a local board of education or the Secretary of State shall exercise the general powers of a trustee with the same general restrictions and general liabilities of a trustee and shall exercise the care and skill of an ordinary prudent person to protect the beneficiaries of the trust under such emergency circumstances.
    6. Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board of education or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.
    1. In the event that any member of a local board of education may have a personal interest, either direct or indirect, in the decisions regarding the management or sale of timber or other forest products or in a contract for the sale of timber or other forest products from sixteenth section school lands under the jurisdiction and control of the board, then the board of education shall automatically be divested of all authority and power to manage and sell timber or other forest products on sixteenth section lands under its control and jurisdiction. The divestiture shall extend for the period of service, and for one (1) year thereafter, of the board member having a direct or indirect personal interest in the sale or decision to sell timber or other forest products.
    2. During the time in which any local board of education may be divested of authority and power to manage and sell timber and other forest products, such authority and power shall be vested in the Secretary of State, as supervisory trustee of sixteenth section lands. Upon the appointment or election of a member of a local board of education who may have such an appointment or election of a member of a local board of education who may have such an interest in decisions and contracts regarding the management and sale of timber or other forest products, the board of education shall immediately notify the Secretary of State in writing. Likewise, the board shall give written notification to the Secretary of State within thirty (30) days prior to the expiration of any such divestiture period. Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.
    3. The laws providing for the management and sale of timber and other forest products by local boards of education shall apply to the management and sale of timber and other forest products by the Secretary of State. The Mississippi Forestry Commission shall provide the Secretary of State with advice and services in the same manner as provided to local boards of education.
    4. The Secretary of State shall be paid all monies derived from the sale of timber or other forest products and shall promptly forward the same to the superintendent of education for such school district with instructions for the proper settlement, deposit and investment of the monies. Such local school board shall reimburse the Secretary of State for all direct costs relating to the management and sale of timber or other forest products, and in the case of a sale of timber or other forest products, the Secretary of State may deduct such direct cost from the proceeds of sale. The Secretary of State shall furnish an itemized listing of all direct cost charged to the local school district.

HISTORY: Codes, 1942, § 6598-12; Laws, 1958, ch. 303, § 12; Laws, 1966, ch. 420, § 1; Laws, 1978, ch. 525, § 24; Laws, 1986, ch. 511, § 1; Laws, 1996, ch. 530, § 1; Laws, 2001, ch. 361, § 1; Laws, 2005, 5th Ex Sess, ch. 3, § 1; Laws, 2009, ch. 505, § 1, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error. In (1)(c), “In the event that the local school board is divested” was substituted for “in the event, the local school board is divested.” The Joint Committee ratified this correction at its August 5, 2008, meeting.

Amendment Notes —

The 2005 amendment, 5th Ex Sess, ch. 3, substituted “subsection (3)” for “Section (2)” in the last sentence of (1)(c); added (1)(f) and (2); and redesignated former (1)(f) as present (1)(g) and former (2) as present (3).

The 2009 amendment, in (1)(a), divided the former first sentence into the present first and second sentences by substituting the period for a semicolon, added “and may contract with…and the Secretary of State” at the end of the second sentence, and divided the former second sentence into the present third and fourth sentences by substituting the period for a comma, inserted “or approved” in the third sentence, and in the fourth sentence, deleted “and” preceding “The” and “said” thereafter; rewrote (1)(b); inserted “local” preceding “board of education” both times it appears in the second sentence of (1)(g); and made minor stylistic changes throughout.

Cross References —

Jurisdiction and duties of boards of supervisors generally, see §19-3-41.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Setting aside, reservation, and dedication of sixteenth section and lieu lands for public parks or recreation areas, see §29-3-87.

Duties and powers of state forestry commission, see §49-19-3.

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former §29-3-93.

1. In general.

This section [Code 1942, § 6598-12], requiring boards of supervisors to enter into agreements with the state forestry commission with respect to the management of forest lands and the regulation of the sale and cutting of timber therefrom is, constitutional. State ex rel. Patterson v. Buffalo Wood, Inc., 204 So. 2d 853, 1967 Miss. LEXIS 1218 (Miss. 1967).

No delay on the part of the land commissioner in classifying 16th section and lieu lands either as forest lands or otherwise affects the mandatory requirement of Code 1942, § 6598-12 that the board of supervisors shall enter into agreements with the state forestry commission relative to the management of forest lands and the regulation of and sale of timber from such lands, and a demurrer to a bill of complaint filed by the state of Mississippi against the members of the board of supervisors of Amite county, the sureties on their bonds, and the proposed purchaser of timber should have been overruled. State ex rel. Patterson v. Buffalo Wood, Inc., 204 So. 2d 853, 1967 Miss. LEXIS 1218 (Miss. 1967).

2.-5. [Reserved for future use.]

6. Under former § 29-3-93.

The legislature has never authorized a lease of sixteenth section lands for the purpose of growing commercial timber thereon. Bernard v. Board of Sup'rs, 216 Miss. 387, 62 So. 2d 576, 1953 Miss. LEXIS 649 (Miss. 1953).

A purchaser from one who purchased 16th section timber from a board of supervisors is presumed under the law to have known that the board was selling the timber as agent of the state which held it as trustee for the educable children of the township, and was in duty bound not to sell the same for a grossly inadequate consideration virtually amounting to a donation in violation of § 95 of the State Constitution. State ex rel. Kyle v. Dear, 209 Miss. 268, 47 So. 2d 150, 1950 Miss. LEXIS 387 (Miss. 1950).

Grossly inadequate consideration for the sale of 16th section timber is shown prima facie by the fact that only $500 was received for the timber and th at at a subsequent sale, not too remote, and where no substantial change in the conditions or circumstances in the meantime is shown to have intervened, the property brought the sum of $4,000 in a resale to a purchaser of experience in valuing the quantity and quality of timber. State ex rel. Kyle v. Dear, 209 Miss. 268, 47 So. 2d 150, 1950 Miss. LEXIS 387 (Miss. 1950).

The members of the board of supervisors, and the sureties on their official bonds, are not liable for the losses occasioned by their failure to exercise proper care in ascertaining the reasonable value of 16th section timber sold by them, since they are exercising a judicial function in determining the price at which the same should be sold. State ex rel. Kyle v. Dear, 209 Miss. 268, 47 So. 2d 150, 1950 Miss. LEXIS 387 (Miss. 1950).

Board of Supervisors has no right to sell Sixteenth Section timber for grossly inadequate price, and this is true even though its action in so doing is due to negligence rather than fraud or bad faith. State ex rel. Kyle v. Dear, 209 Miss. 268, 47 So. 2d 150, 1950 Miss. LEXIS 387 (Miss. 1950).

Board of Supervisors is prohibited by § 95 of State Constitution to make a sale of Sixteenth Section timber under authority of this section for such a grossly inadequate price as to virtually amount to a donation thereof. State ex rel. Kyle v. Dear, 209 Miss. 268, 47 So. 2d 150, 1950 Miss. LEXIS 387 (Miss. 1950).

A board of supervisors, while acting as agent for the state which holds property as trustee, cannot bind the state by a sale of 16th section timber in violation of the Constitution, whether the action of the board is due to its negligence or due to fraud or collusion. State ex rel. Kyle v. Dear, 209 Miss. 268, 47 So. 2d 150, 1950 Miss. LEXIS 387 (Miss. 1950).

Timber on school lands held under a 99-year agricultural lease could not be sold by the board of supervisors without the consent of the lessee, in view of the latter’s right to “estovers”; and where board of supervisors sold such timber without lessee’s consent, lessee was entitled to maintain a suit to enjoin removal of the timber. Hood v. Foster, 194 Miss. 812, 13 So. 2d 652, 1943 Miss. LEXIS 109 (Miss. 1943).

Timber deed executed by individual members of supervisors without order on minutes evidencing contract was void. Gilchrist-Fordney Co. v. Keyes, 113 Miss. 742, 74 So. 619, 1917 Miss. LEXIS 146 (Miss. 1917).

Purchaser of timber from lessee of 16th section, who subsequently purchased it from board of supervisors, was owner of timber notwithstanding sale of leasehold interest. Caston v. Pine Lumber Co., 110 Miss. 165, 69 So. 668, 1915 Miss. LEXIS 5 (Miss. 1915).

Warrant expressly covering all timber on tract cannot be restricted by implication from recitals in other parts of deed unless such intention is clearly expressed, and fact that deed shows on its face that part of land was 16th section does not prevent grantee’s right to recover for breach of warranty. Southern Plantations Co. v. Kennedy Heading Co., 104 Miss. 131, 61 So. 166, 1913 Miss. LEXIS 14 (Miss. 1913).

Warranty of such corporation that it had the right to sell such timber, or if not would acquire it for benefit of buyer, held not void. Southern Plantations Co. v. Kennedy Heading Co., 104 Miss. 131, 61 So. 166, 1913 Miss. LEXIS 14 (Miss. 1913).

Corporation may lawfully acquire and dispose of timber on school land. Southern Plantations Co. v. Kennedy Heading Co., 104 Miss. 131, 61 So. 166, 1913 Miss. LEXIS 14 (Miss. 1913).

Supervisors may permit purchaser to enter school land to remove timber, but cannot grant him an indefinite length of time to do so. L. N. Dantzler Lumber Co. v. State, 97 Miss. 355, 53 So. 1, 1910 Miss. LEXIS 286 (Miss. 1910), limited, Merrill Engineering Co. v. Capital Nat'l Bank, 192 Miss. 378, 5 So. 2d 666, 1942 Miss. LEXIS 5 (Miss. 1942); State ex rel. Attorney Gen. v. Blodgett, 110 Miss. 768, 70 So. 710, 1915 Miss. LEXIS 91 (Miss. 1915); State ex rel. Attorney Gen. v. Dunnam, 67 So. 461 (Miss. 1915).

The policy to preserve for the support of township schools the timber on sixteenth section lands is indicated by enactment of statutes providing that no timber shall be cut or used by the lessees of such lands except for fuel and necessary repairs and improvements. Hundley v. Mount, 16 Miss. 387, 1847 Miss. LEXIS 33 (Miss. 1847).

§ 29-3-47. Forestry escrow fund.

For its services the state forestry commission shall be entitled to receive its actual expenses incurred in the discharge of the duties herein imposed. In order to provide funds with which to pay for the general supervision and sale of forest products, fifteen percent (15%) of all receipts from the sales of forest products shall be placed by the board in a forestry escrow fund and reserved to pay for work performed by the state forestry commission. Such payments shall be equal to the actual expenses incurred by the commission as substantiated by itemized bills presented to the board.

Money in the forestry escrow fund may be used to pay for any forestry work authorized during the period of the agreement and shall not be subject to lapse by reason of county budget limitations.

In each school district having need of tree planting and timber stand improvement, the board of education is authorized to place additional amounts in the forestry escrow fund to reimburse the state forestry commission for actual expenses incurred in performing this work, or to pay for any work done under private contract under the supervision of said commission. Such additional amounts may be made available from forest products sales receipts, funds borrowed from the sixteenth section principal fund as is provided for in Section 29-3-113, or any other funds available to the board of education excluding minimum foundation program funds. Expenditures from the forestry escrow fund for tree planting, timber stand improvement, and other forestry work will be limited to payment for work recommended by the forestry commission and agreed to by the board of education.

When it becomes evident that the amount of money in the forestry escrow fund is in excess of the amount necessary to accomplish the work needed to achieve the goals set by the board of education and the forestry commission, the state forestry commission shall advise said board to release any part of such funds as will not be needed, which may then be spent for any purpose authorized by law.

HISTORY: Codes, 1942, § 6598-13; Laws, 1958, ch. 303, § 13; Laws, 1978, ch. 525, § 25, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Duties and powers of state forestry commission generally, see §49-19-3.

OPINIONS OF THE ATTORNEY GENERAL

Forestry escrow funds are authorized to be expended only for those purposes designated in Section 29-3-47. Robbins, May 17, 1996, A.G. Op. #96-0296.

§ 29-3-49. Agreements for timber improvement.

It shall be the duty of the State Forestry Commission, in the manner provided in Section 29-3-45, to enter into agreements for timber improvement purposes with the board of education upon the request of the board. The contract shall provide for the carrying out of a long-term program of timber improvement, including any or all of the following: The deadening of undesirable hardwoods, the planting of trees, the cutting and maintaining of fire lanes, and the establishment of marked boundaries on all lands classified as forest lands in the agreements, which provide for the reimbursement of all current costs incurred by the State Forestry Commission and the carrying out of the duties required by such agreements. In the alternative, the commission, in its discretion, may have the option to contract with a private contractor, subject to the approval of the board, to perform this work under the supervision of the commission. Payment of the reimbursements as hereinabove set forth to the Forestry Commission, or of compensation due under any such contract with private contractors shall be made upon presentation of itemized bills by the commission or the private contractors, as the case may be, and may be made out of any sixteenth section funds to the credit of, or accruing to, any school district in which such work shall be done, or out of any other funds available to such district, excluding minimum foundation program funds.

HISTORY: Codes, 1942, § 6598-14; Laws, 1958, ch. 303, § 14; Laws, 1975, ch. 436; Laws, 1978, ch. 525, § 26; Laws, 2009, ch. 505, § 2, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment made minor stylistic changes throughout.

Cross References —

Jurisdiction and powers of board of supervisors generally, see §19-3-41.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Setting aside, reservation, and dedication of sixteenth section and lieu lands for public parks or recreation areas, see §29-3-87.

Duties and powers of state forestry commission generally, see §49-19-3.

§ 29-3-51. Determination of lands subject to lease.

The chancery courts have jurisdiction to determine, on bill or petition, what lands are or may be subject to lease under provisions of this chapter; but all sixteenth sections, or lands taken in lieu thereof, are presumed to be so subject unless the contrary be shown clearly.

HISTORY: Codes, 1930, § 6773; 1942, § 6613; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Sale of sixteenth sections or lieu lands for use as industrial parks, see §29-3-29.

Confirmation of sixteenth section leases, see §§29-3-103,29-3-105.

Leasing of penitentiary lands for agricultural purposes, see §§47-5-64 et seq.

JUDICIAL DECISIONS

1. In general.

This section does not vest power in the chancery court to make a lease of sixteenth section lands, since such power is vested by § 211 of the Constitution in the legislature, and the legislature has already enacted laws pursuant to such constitutional provision. Smith v. McCullen, 195 Miss. 34, 13 So. 2d 319, 1943 Miss. LEXIS 119 (Miss. 1943).

Chancery court had jurisdiction under this section to entertain a suit by school trustees of a township, seeking the court’s approval of a proposed but unexecuted mineral lease of sixteenth section land, to determine whether such land was subject to lease by the proper authorities under any existing law, and, particularly, whether such land could be leased by the county supervisors under § 6762 (Code of 1930), and to determine the validity of ch 150, Laws, 1942 (§ 6600, Code of 1942), amending such section. Smith v. McCullen, 195 Miss. 34, 13 So. 2d 319, 1943 Miss. LEXIS 119 (Miss. 1943).

§ 29-3-52. Prima facie validity of leases executed and recorded in substantial conformity with law.

Any lease of sixteenth section lands, or lands granted in lieu thereof, including leases and any renewal, replacement or extension of such leases granted pursuant to Section 29-3-99, executed and recorded in substantial conformity with the applicable provisions of this chapter shall be deemed to be prima facie valid, and defects in ministerial or procedural acts alone shall not affect the validity of any such lease, as far as a bona fide purchaser or encumbrancer for value of any such lease is concerned. Any such purchaser or encumbrancer shall be entitled to rely upon the validity of any such lease insofar as the interest of the state or any political subdivision thereof, the public, or any school district is concerned.

Nothing in this section shall prohibit any party from challenging the validity of any lease on the grounds of inadequacy of consideration given for the lands involved in the lease.

HISTORY: Laws, 1978, ch. 525, § 51; Laws, 1992, ch. 486 § 3, eff from and after passage (approved May 7, 1992).

JUDICIAL DECISIONS

1. In general.

The State, acting through its school board, could not be equitably estopped under §§29-3-7 and29-3-52 from asserting inadequacy of consideration in a lease of sixteenth section school lands. Hill v. Thompson, 564 So. 2d 1, 1990 Miss. LEXIS 531 (Miss. 1990).

A lease of school trust land was voidable for inadequate consideration as violative of the donation clause of Article IV, § 95 of the Mississippi Constitution where the consideration paid for the lease was so grossly inadequate as to shock the conscience and to defeat any challenge even of one otherwise claiming the status of a bona fide purchaser; the inadequate consideration was not a hidden title defect but was a matter of public record, so openly blatant as to put any purchaser on notice of a possible defect in the trustee’s title where the tax assessments of the city and the county gave notice of value that should have suggested that a far higher rental was required to meet the constitutional mandate of non-donation, and the appraiser’s report stated that only a nominal value was used. As a matter of law, a one-time gross sum payment which amounted to $.07575 per year consideration was grossly inadequate and amounted to a donation of public lands prohibited by the constitution and trust law. Mere compliance with statutory formalities and procedures did not vitiate substantive violation of constitutional prohibitions. The case would be remanded to the school district board of trustees for a new determination of the present rental value by a competent appraiser under the 1978 Reform Act. While the public policy of making all reasonable efforts to keep sixteenth section lands leased so that they might be developed and produce revenue from taxation is not an unworthy goal, and this policy may have influenced past officials in leasing sixteenth section lands for nominal rentals, its emphasis must not overshadow constitutional mandates. Hill v. Thompson, 564 So. 2d 1, 1990 Miss. LEXIS 531 (Miss. 1990).

RESEARCH REFERENCES

Law Reviews.

1989 Mississippi Supreme Court Review: Sixteenth Section School Land. 59 Miss. L. J. 920, Winter, 1989.

§ 29-3-53. Term lessee defined.

Any lease executed pursuant to this chapter shall inure to the benefit of the lessee therein named, his heirs and assigns, and in case the lessee be a corporation, to such lessee and its assigns.

HISTORY: Codes, 1930, § 6785; 1942, § 6628; Laws, 1926, ch. 318; Laws, 1930, ch. 278.

§ 29-3-54. Posting of leased land against trespassers.

Any leaseholder of sixteenth section land, or land granted in lieu thereof, shall be authorized to post such land against trespassers; provided that such posting shall not prohibit the inspection of said lands by individuals responsible for the management or supervision thereof acting in their official capacity. In the event hunting or fishing rights have been leased on lands classified as forest land, the holder of such rights and the state forestry commission shall be authorized to post such land against trespassers.

HISTORY: Laws, 1978, ch. 525, § 53, eff from and after July 1, 1978.

Cross References —

Definition of “forest land,” see §29-3-33.

Division of damages to land located in two school districts which has been trespassed upon, see §29-3-129.

Trespass generally, see §95-5-27.

§ 29-3-55. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-55. [Codes, 1942, § 6598-17; Laws, 1958, ch. 303, § 17]

Editor’s Notes —

Former §29-3-55 provided for the terms and conditions of leases, and execution thereof.

§ 29-3-57. Superintendent of education to docket leases and collect rentals.

The superintendent of education shall keep a current docket as to the expiration date of all leases on sixteenth section lands; likewise, he shall keep a correct current docket upon the existing leases or any extensions thereof as to the amounts and time of payment of rentals provided for by such lease. It shall be the duty of the superintendent of education to collect promptly all rentals due and all principal and interest due upon loans and investments of sixteenth section funds. Upon a sixty (60) day default in payment of any rentals according to the terms of such lease, the lease shall be declared terminated unless the board of education finds extenuating circumstances were present, and the board shall inaugurate the proper legal proceedings to terminate such lease. The superintendent of education, with the approval of the board of education, may employ an attorney or other person to aid in collecting any such funds when in his opinion the same is necessary, and may pay reasonable compensation therefor out of funds collected, not to exceed in any case twenty-five percent (25%) of the amount actually collected. It shall be the duty of the superintendent of education to supervise generally the administration of all sixteenth section lands within his jurisdiction. In all cases where leases of sixteenth section lands are entered into, it shall be the duty of the superintendent of education to take the notes of the lessees for the rents provided by said lease and turn them over to the county depository and attend to their collection. In the case of the leasing of agricultural lands, the school district shall have the same rights and remedies for the security and collection of such rent as are given by law to agricultural landlords.

HISTORY: Codes, 1942, § 6598-16; Laws, 1958, ch. 303, § 16; Laws, 1978, ch. 525, § 27, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Agricultural land defined, see §29-3-33.

Superintendent of education and his duties generally, see §§37-3-9,37-3-11.

JUDICIAL DECISIONS

1. In general.

A 25-year lease of 150 acres of sixteenth section land for an annual rent of $37.50 from county superintendent of education to himself was void on its face, and a subsequent three year lease of the same land from the county superintendent to another for an annual rent of $900 showed on its face that the lease to the county superintendent was for a grossly inadequate consideration amounting to a donation of public property to a private individual; County board of supervisors, the surety on their bonds, and the county superintendent were liable for the difference between the $900 annual rental and the $37.50 annual rental for each of the three years of the second lease, plus legal interest, rather than its continuation for the remainder of the 25-year lease period with damages prospectively figured for each year of its future existence. Holmes v. Jones, 318 So. 2d 865, 1975 Miss. LEXIS 1456 (Miss. 1975).

OPINIONS OF THE ATTORNEY GENERAL

Any lease the hospital board and school board enter into for the lease of sixteenth Section Lands should comport with the requirements of Sections 29-3-63, 29-3-65 and 29-3-57. Hurt, November 7, 1996, A.G. Op. #96-0722.

§ 29-3-59. Proceeds of leases.

All rentals, or other revenue payable under any leases executed pursuant to this chapter shall be paid to and collected by the superintendent of education and shall be credited to the township school fund and used and expended in the same manner and subject to the same restrictions as provided by law in the case of other money belonging to such funds. Any superintendent of education receiving any such revenue shall make annual report thereof to the state superintendent of education.

HISTORY: Codes, 1930, § 6784; 1942, § 6625; Laws, 1926, ch. 318; Laws, 1930, ch. 278; Laws, 1978, ch. 525, § 28, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Investment and lending of school funds, see §29-3-113.

§ 29-3-61. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-61. [Codes, 1930, § 6759; 1942, § 6597; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 443, § 1; Laws, 1948, ch. 497, § 1; Laws, 1961, 2nd Ex Sess ch. 2, § 1; Laws, 1962, ch. 364, § 1; Laws, 1968, ch. 411, § 1]

Editor’s Notes —

Former §29-3-61 provided for lease of lands for industrial development.

§ 29-3-63. Right to re-lease or to extend existing lease; minimum annual rental.

  1. The holder of a lease of sixteenth section or lieu land, at the expiration thereof, shall have a prior right, exclusive of all other persons, to re-lease or to extend an existing lease as may be agreed upon between the holder of the lease and board of education subject to the classification of said land. Provided, however, no holder of a lease of sixteenth section land classified as agricultural land shall have any priority rights in extending his lease contract, except as otherwise provided in Section 29-3-81. Provided, however, the compensation on an annual basis shall be the fair market rental of the land excluding buildings and improvements made on such land by the lessee, the title to which is not held in trust for the public schools, but in no event shall the compensation be less than the minimum amounts prescribed in subsection (2) of this section.
  2. The board of education shall not lease or extend a lease on land classified as industrial or commercial at an annual rental less than five percent (5%) of the current market value, exclusive of buildings or improvements not owned by the school district. Such minimum acceptable percentage shall not apply to land classified as farm-residential, residential, recreational and other land; however, fair market rental will apply to those lands as determined by appraisal, comparative analysis or comparison with the private sector.
  3. The prior right to re-lease or extend an existing oil, gas and mineral lease, or any part thereof, granted under this section shall be conditioned upon the existence of production of oil, gas or other minerals thereunder in paying quantities, or the existence of a well capable of such production, or the existence of drilling or reworking operations at the time of lease expiration. Provided, however, that said lease may, in the discretion of the board of education, be extended only as to the lands included in a unit or units as defined by the appropriate agency having jurisdiction over said unit or units. The replacement lease shall be upon such terms and conditions as may be agreed upon between the holder of the lease and the board of education, provided that the rental and royalty provisions shall not be less than the rental and royalty provisions as set out in the expired lease and the primary term shall not exceed the limitations in Section 29-3-99. Bonus payment for the replacement lease shall be consistent with the requirements set out in Sections 29-3-65 with respect to oil, gas and mineral leases.
  4. Where used in this section and Section 29-3-65, the term “oil and gas lease” or “oil, gas and mineral lease” shall include all leases originally executed pursuant to Section 29-3-99.
  5. The right to re-lease an oil, gas and mineral lease provided in subsection (3) above extends to oil, gas and mineral leases which have already expired as of the effective date of this section, subject to an accounting for production from the date of lease expiration to the date of the replacement lease authorized herein.

HISTORY: Codes, 1942, § 6597-03; Laws, 1948, ch. 497, § 4; Laws, 1956, ch. 290; Laws, 1978, ch. 525, § 29; Laws, 1986, ch. 505; Laws, 1992, ch. 486 § 4, eff from and after passage (approved May 7, 1992).

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Definitions of land classifications, see §29-3-33.

Appraisal of oil, gas, and mineral leases executed pursuant to this section, see §29-3-65.

Leases for oil, gas and mineral exploration, mining, production and development, see §29-3-99.

JUDICIAL DECISIONS

1. In general.

As trustees for land held for benefit of public schools, members of School Board are bound in management of all matters of trust to act in good faith and employ such vigilance, sagacity, diligence and prudence as in general prudent persons of discretion and intelligence in like matters employ in their own affairs, which includes duty to obtain rental fees for leased land in satisfaction of statutory minimums. Broadhead v. Bonita Lakes Mall, Ltd. Pshp., 702 So. 2d 92, 1997 Miss. LEXIS 531 (Miss. 1997).

Statute requiring county board of education and county board of supervisors to obtain statutory minimum percentage of market value for any leases of land held by boards in trust for public schools did not apply to parcel which had already been leased but which was released back to boards to allow them to include parcel in lease of adjacent land for development of shopping center. Broadhead v. Bonita Lakes Mall, Ltd. Pshp., 702 So. 2d 92, 1997 Miss. LEXIS 531 (Miss. 1997).

A chancellor’s ruling that the 25-year limitation of Mississippi Constitution Article VIII § 211 had no application to an oil or gas lease, which was based on the economic reality that a mineral lessee must be allowed to maintain a lease for an indefinite period of time to maximize profits and was an attempt to redress perceived economic hardships with equitable principles, would be reversed since § 211 clearly limits sixteenth section land leases (including mineral leases) to a maximum term of 25 years, and it the judiciary’s responsibility to interpret the law, not institute economic policies. Should the perceived economic hardships of § 211 be real, the onus is upon the legislature to redress such economic inadequacies, and Mississippi Constitution Article XV, § 273 provides the exclusive means for amendment. Additionally, §29-3-63, which provides the holder of a lease of 16th section land with a prior right, exclusive of all other persons, to re-lease or extend an existing lease, diminishes the perceived harsh consequences which might result from the enforcement of § 211 against all oil, gas and mineral leases of 16th section land. Chevron U.S.A. v. State, 578 So. 2d 644, 1991 Miss. LEXIS 223 (Miss. 1991).

OPINIONS OF THE ATTORNEY GENERAL

Under Section 29-3-63(2), neither the City, nor the Board of Supervisors, is entitled to an exemption from the payment of “adequate compensation” for the rental of sixteenth section lands. Hill, March 8, 1995, A.G. Op. #95-0040.

Except for uses by the public schools and for use as public parks, pursuant to Section 29-3-87, no governmental agency is entitled to any type of so-called “special consideration” in leasing sixteenth section lands. All sixteenth section land leases to governmental entities are subject to the same leasing restrictions and provisions as are applicable to any other individual or entity. Hill, March 8, 1995, A.G. Op. #95-0040.

Land that is presently classified as forest land which is to be leased to a county school district would require a reclassification of land use as is found in Sections 29-3-33 and 29-3-39. In evaluating the appropriate rental compensation to the city school district, the rental rate must comply with 29-3-63(2). Hilbun, August 23, 1995, A.G. Op. #95-0567.

Any lease the hospital board and school board enter into for the lease of 16th Section Lands should comport with the requirements of Sections 29-3-63, 29-3-65 and 29-3-57. Hurt, November 7, 1996, A.G. Op. #96-0722.

Sixteenth section lands may not be leased to churches, cemetery associations or senior citizens, or to anyone else, for less than fair market value. Bozeman, March 19, 1999, A.G. Op. #99-0113.

In connection with the lease by a school district of agricultural land to a developer under a residential development lease contract, the district may not reclassify a swamp and shallow lake on the property to “recreation” or “other” and lease that land for one dollar per acre because of the board’s obligation to the board of education as trustee to obtain the highest and best return possible from sixteenth section land. Chaney, Nov. 25, 2002, A.G. Op. #02-0629.

A school board has the obligation as trustee to obtain the highest and best return possible from the sixteenth section land. Pickett, Nov. 14, 2003, A.G. Op. 03-0600.

RESEARCH REFERENCES

Law Reviews.

1989 Mississippi Supreme Court Review: Sixteenth Section School Land. 59 Miss. L. J. 920, Winter, 1989.

§ 29-3-65. Appraisal of lands; adjustment of rental amounts.

One (1) year prior to the date, when any such lands, not subject to competitive bid procedures, shall become available for lease, the board of education shall appoint a competent appraiser to appraise the land and report to the board his recommendation for the fair market rental amount. The board shall then determine whether the same be a reasonable amount, and shall grant the lease pursuant to Section 29-3-63. Provided that in the event any such land becomes available for lease prior to July 1, 1979, an appraisal shall be required prior to the granting of said lease.

The board of education may use rent escalation clauses or other such devices to adjust rental amounts during the lease term. Owners of leaseholds under a lease granted prior to July 1, 1978, which have improvements constructed thereon, shall not be charged for such improvements in successive lease periods unless the lease contract clearly specifies otherwise. The cost of the appraisal under this section shall be paid from any available sixteenth section school funds or other school funds of the district.

The appraisal pertaining to renewal oil, gas and mineral leases executed pursuant to Section 29-3-63 may be made either before or after the expiration of the original lease and shall appraise the fair market value for the bonus to be paid for a renewal lease containing the terms and conditions agreed upon by the holder of the lease and the board of education.

HISTORY: Codes, 1942, § 6597-04; Laws, 1946, ch. 443, § 4; Laws, 1948, ch. 497, § 5; Laws, 1978, ch. 525, § 30; Laws, 1992, ch. 486 § 5, eff from and after passage (approved May 7, 1992).

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Re-lease and extension of existing oil, gas, or mineral leases on sixteenth section land, see §29-3-63.

JUDICIAL DECISIONS

1. In general.

Substantial evidence supported chancellor’s findings that competent appraisals had been performed for land held in trust by county board of education and county board of supervisors, and that division of property into two parcels for leasing for shopping mall development was not significant change that would require separate appraisal of one of those tracts, regardless of chancellor’s mistaken belief that one of parcels was wholly part of original separate tract before property had been combined; competent and reliable update appraisal had been done on combined tract, which was then divided, and lease provided board of education with same revenue that it would have gotten had tract not been divided. Broadhead v. Bonita Lakes Mall, Ltd. Pshp., 702 So. 2d 92, 1997 Miss. LEXIS 531 (Miss. 1997).

The Board of Education has the final authority, duty and responsibility to determine the reasonable annual rental amount to be assessed on sixteenth section lands, and is not bound by a percentage of fair market sale value or fair market rental value of the land; the board is simply required to lease the sixteenth section land for the fair rental value thereof in order for the Board to absolve itself of liability for inadequate rentals. Barber v. Turney, 423 So. 2d 133, 1982 Miss. LEXIS 2387 (Miss. 1982).

Where there were two suits pending against the superintendent of education for mandamus in connection with proposed lease of certain sixteenth section lands, one in the circuit court brought by the prospective lessees and the other in the Supreme Court brought by the county board of supervisors, the petition filed in the Supreme Court as an original suit would be dismissed because the appeal by the superintendent of education from the order of the board of supervisors directing the execution of the lease, pending before the Supreme Court, could not be cut off in this manner and, secondly, statutory jurisdiction of a mandamus suit against an official such as the superintendent of education was vested in the circuit court whose jurisdiction could not be circumvented by the filing of an independent and original case in the Supreme Court. State ex rel. Herring v. Cox, 285 So. 2d 462, 1973 Miss. LEXIS 1288 (Miss. 1973).

Where sixteenth section lands, partly located in the municipality, were leased by the board of supervisors to a nonprofit corporation, and under a contract with the power company, the nonprofit corporation undertook the construction of a reservoir on the leased premises and the power company was to use the water therein in connection with the operation of his electric generating plant, and the capitalized value of the leased land per acre upon the completion of the proposed improvements would greatly exceed the present capitalized value per acre, and there was no taking or removing of the soil from the premises, the construction of the reservoir would not constitute waste; nor did the fact that the leased lands were formerly used almost exclusively for agricultural purposes mean that it would be unlawful to construct the proposed improvements, or that the land should be used for commercial or residential purposes, especially in view of the fact that there had been no development of the lands, so that the chancellor’s action in refusing to enjoin the construction of the proposed improvements and in confirming the lease was proper. Dodds v. Sixteenth Section Development Corp., 232 Miss. 524, 99 So. 2d 897, 1958 Miss. LEXIS 302 (Miss. 1958).

OPINIONS OF THE ATTORNEY GENERAL

Buildings and improvements not made by lessee and whose title is held in trust for public schools should be included in appraisal of sixteenth section land. Ward, July 16, 1992, A.G. Op. #92-0440.

The fair market rental value will include a comparative analysis with both the value of the land and the going rate of leases land in the private sector. See also Section 29-3-63. Pace, March 28, 1996, A.G. Op. #96-0153.

Any lease the hospital board and school board enter into for the lease of 16th Section Lands should comport with the requirements of Sections 29-3-63, 29-3-65 and 29-3-57. Hurt, November 7, 1996, A.G. Op. #96-0722.

RESEARCH REFERENCES

Law Reviews.

1989 Mississippi Supreme Court Review: Sixteenth Section School Land. 59 Miss. L. J. 920, Winter, 1989.

§ 29-3-67. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-67. [Codes, 1942, § 6597-06; Laws, 1946, ch. 443, § 12; Laws, 1948, ch. 497, § 7; Laws, 1961, 2d Ex Sess, ch. 2, § 3]

Editor’s Notes —

Former §29-3-67 provided for use of gross sum rentals.

§ 29-3-69. Lease for ground rental.

The board of education may lease school trust lands classified as industrial, commercial, farm-residential, residential, recreational, catfish farming or other for a term not exceeding forty (40) years for a ground rental, payable annually. All leases, except leases of residential or farm-residential lands, made for a ground rental shall contain rent adjustment clauses or other such provisions requiring that the consideration for every lease of such lands shall be adjusted not less than once every ten (10) years from the date of the lease to reflect the current fair market rental value of the lands, exclusive of any improvements thereon. In leases of lands which are or which are to become residential or farm-residential land, the board of education may require a rent adjustment clause in which rents are to be adjusted, provided that such adjustments will not exceed the fair market rental value of the lands, exclusive of improvements thereon, as of the rental adjustment dates. If a rent adjustment clause is not contained in a lease of lands which are or which are to become residential or farm-residential land, the reasons for not including such clause in the lease shall be stated in the lease and entered on the minutes of the board. In the case of uncleared lands, the board of education may lease them for such short terms as may be deemed proper in consideration of the improvement thereof, with the right thereafter to lease or to hold on payment of a ground rental. The board of education may lease not more than three (3) acres of any such lands for a term not exceeding ninety-nine (99) years for a ground rental, payable annually, to any church having its principal place of worship situated on such lands, which has been in continuous operation at that location for not less than twenty-five (25) years at the time of the lease. The consideration for every lease of such lands to a church shall be renegotiated not less than once every twenty-five (25) years from the date of the lease to reflect the current fair market rental value of the lands, exclusive of any improvements thereon.

The board of education may, at any time, by agreement with any lessee of lands, except for lands classified as forest or agricultural, cancel an existing lease and execute a new lease contract on such land where major capital improvements have been made or for the purpose of facilitating the addition of major capital improvements, provided that the rental amount of such new lease shall not be less than the rental amount in the prior lease. The term of such new lease shall not exceed forty (40) years for a ground rental, payable annually, provided that prior to the execution of such new lease contract, the provisions of all applicable statutes setting forth the procedure and requirements for the execution of a lease for sixteenth section lands or lieu lands have been satisfied.

The board of education may find that in the interest of good trust management it may be necessary to grant in the original lease contract an option to renew any lease not subject to competitive bid procedures, for a term not to exceed twenty-five (25) years. If such a finding be made, it shall be entered on the minutes of the board and the option granted; provided that the execution of a new lease shall be required to effectuate the additional lease period and the provisions of all applicable statutes setting forth the procedure and requirements for the execution of a lease for sixteenth section lands or lieu lands have been satisfied.

Subleasing or assignment of any lease of school trust lands executed after July 1, 1978, shall only be allowed when provided in the lease contract or at the discretion of the board of education; provided that permission to sublease or assign shall not be arbitrarily withheld.

HISTORY: Codes, 1942, § 6597-02; Laws, 1948, ch. 497, § 3; Laws, 1977, ch. 478; Laws, 1978, ch. 525, § 31; Laws, 1984, ch. 322; Laws, 1987, ch. 487; Laws, 1995, ch. 623, § 2, eff from and after July 1, 1995.

Cross References —

Constitutional provision concerning lease of sixteenth section lands reserved for support of schools, see Miss. Const. Art. 8, § 211.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Definitions of land classifications, see §29-3-33.

JUDICIAL DECISIONS

1. In general.

Chancery court did not err by denying a lessee’s motion for a declaratory judgment that a school board was precluded from adjusting rent based on the time restrictions in a lease for Sixteenth Section Land because the time restriction ran contrary to the statutory requirement that rent could be adjusted not less than once every ten years. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Chancery court did not err by denying a lessee’s motion for a declaratory judgment that a school board was precluded from adjusting rent based on the time restrictions in a lease because the parties could not agree to something less that what the statute required, that if the board did not reappraise the property within sixty days, then the statutory minimum rent adjustment was not only optional but also forfeited; such an agreement failed to comply with the statute and was void. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Chancery court did not err by denying a lessee’s motion for a declaratory judgment that a school board was precluded from adjusting rent based on the time restrictions in a lease because by adjusting the rent, the board was not making an untimely attempt to exercise a right conferred in the lease; rather, the board was carrying out a statutory mandate and, in the process, trying to ensure the annual rent, based on current fair-market value, was constitutionally adequate. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

School board’s duty as trustee to assure adequate consideration is received based on current fair market value of the Sixteenth Section Land cannot be waived, even by mutual agreement in a contract; Sixteenth Section leases come with certain constitutional and statutory requirements, one being that rent adjustment at least once every ten years is a mutual, mandatory obligation and not a mere right to be exercised or waived. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Chancery court did not err by denying a lessee’s motion for a declaratory judgment that a school board was precluded from adjusting rent because to the extent the rent-adjustment clause in the lease reduced rent adjustment from a mutually binding obligation to a mere right the Board may only exercise by conducting an appraisal within narrow sixty-day windows spaced ten years apart or else it was waived, the restriction ran afoul of the statute’s mandatory requirement. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Mandatory rent adjustment is tied to the statutory duty imposed on a school board as trustee to assure adequate compensation is received for Marketplace’s use of Sixteenth Section Land and the constitutional prohibition against the board’s essentially donating trust land by virtue of receiving grossly inadequate consideration; because rent adjustment is part of the board’s duty as trustee of Sixteenth Section Land, this duty cannot be contracted away, even by mutual agreement of the parties. Oak Grove Marketplace, LLC v. Lamar Cty. Sch. Dist., — So.3d —, 2020 Miss. LEXIS 6 (Miss. Jan. 16, 2020).

Where sixteenth section lands, partly located in the municipality, were leased by the board of supervisors to a nonprofit corporation, and under a contract with the power company, the nonprofit corporation undertook the construction of a reservoir on the leased premises and the power company was to use the water therein in connection with the operation of its electric generating plant, and the capitalized value of the leased land per acre upon the completion of the proposed improvements would greatly exceed the present capitalized value per acre, and there was no taking or removing of the soil from the premises, the construction of the reservoir would not constitute waste; nor did the fact that the leased lands were formerly used almost exclusively for agricultural purposes mean that it would be unlawful to construct the proposed improvements, or that the land should be used for commercial or residential purposes, especially in view of the fact that there had been no development of the lands, so that the chancellor’s action in refusing to enjoin the construction of the proposed improvements and in confirming the lease was proper. Dodds v. Sixteenth Section Development Corp., 232 Miss. 524, 99 So. 2d 897, 1958 Miss. LEXIS 302 (Miss. 1958).

OPINIONS OF THE ATTORNEY GENERAL

Buildings constructed on sixteenth section land which were designed for purposes of trade and for tenant alone constitute personalty and may be removed by tenant before expiration of lease. King, August 5, 1992, A.G. Op. #92-0553.

School board can, under Section 29-3-69, lease two acres of cemetery on land which has been part of churchyard for 99 years and part of cemetery for more than 50 years. Young, Jan. 6, 1993, A.G. Op. #92-0995.

Subleases and assignments of sixteenth section leases must meet the formal requirements for execution of a “sixteenth section lieu lands” lease provided for by Section 29-3-82(g) and must include the signatures of the President of the Board of Supervisors, the President of the Board of Education and the Superintendent of Education. Wallace, July 18, 1997, A.G. Op. #97-0375.

School district may not delete from the payment of annual rentals under a developmental lease property that has been platted once roads and utilities have been constructed for that portion of the property. Chaney, Nov. 25, 2002, A.G. Op. #02-0629.

Lessee of a developmental lease may contract to sublease cultivatable acres to a farmer on all of that portion of the property he has leased which is not being presently developed subject to the provision of Section 29-3-69 governing subleasing. Chaney, Nov. 25, 2002, A.G. Op. #02-0629.

This section indicates that sub-leasing or assignment of any lease is permissible if it is provided for in the lease contract or at the discretion of the board of education. The statute does not provide for partial assignments. Cheney, Sept. 24, 2004, A.G. Op. 04-0457.

RESEARCH REFERENCES

Law Reviews.

1984 Mississippi Supreme Court Review: Property. 55 Miss L. J. 135, March, 1985.

1989 Mississippi Supreme Court Review: Sixteenth Section School Land. 59 Miss. L. J. 920, Winter, 1989.

§ 29-3-71. Leaseholds subject to taxes.

Sixteenth section lands reserved for the use of schools, or lands reserved or granted in lieu of or as a substitute for the sixteenth sections, shall be liable, after the same shall have been leased, to be taxed as other lands are taxed during the continuance of the lease, but in case of sale thereof for taxes, only the title of the lessee or his heirs or assigns shall pass by the sale.

HISTORY: Codes, 1942, § 6597-07; Laws, 1946, ch. 443, § 14; Laws, 1948, ch. 497, § 8.

Cross References —

Liability for drainage taxes, see §29-3-73.

JUDICIAL DECISIONS

1. In general.

Presumption of lost grants was inapplicable due to the extensive chain of inferences required to so hold, i.e., that the missing deeds existed, that they conveyed fee simple, not leasehold, interests, and that the deeds were authorized by election according to statute. Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

Board of education may include in lease of sixteenth section land provision that lessee be responsible for payment of taxes and need not give lessee credit against rent for taxes paid by lessee. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

OPINIONS OF THE ATTORNEY GENERAL

Leasehold interest in sixteenth section land is taxable and may be sold for failure to pay taxes; if leasehold interest was sold, county collected its taxes through that sale and there are no outstanding taxes, and taxes no longer accrue after purchase on remainder of leasehold interest. Smith, Oct. 2, 1992, A.G. Op. #92-0768.

Since a sale for taxes of a sixteenth section land leasehold is deemed to pay the taxes, personal liability therefor is extinguished by such sale, and there is no subsequent duty upon a chancery clerk or a tax assessor and collector to collect said unpaid taxes. Crawford, April 10, 1998, A.G. Op. #98-0199.

The value of a sixteenth section leasehold interest is taxed the same as other lands; that is, the leasehold is taxed as if the lessee holds the land in fee simple. Evans, May 9, 2003, A.G. Op. 02-0714.

§ 29-3-73. Lands liable for drainage taxes.

Where any school land, generally known as sixteenth sections, reserved for the use of schools, or land reserved or granted in lieu of or substituted for sixteenth sections lies within or partly within any drainage district created under the laws of this state, and will be benefited by such drainage district, such land so benefited shall be liable for its pro rata share of the costs, expenses, taxes, and assessments relating to said district as if owned by an individual, and shall be assessed accordingly, as other lands are assessed. But in case of a sale of such lands for such taxes or assessments, only the title of the lessee holding such lands under lease at the time of the sale shall pass by the sale.

Where such sixteenth section land, or land taken in lieu thereof, shall be held by any lessee, whether his lease shall have heretofore been acquired or shall hereafter be acquired, all such drainage taxes and assessments accruing thereon during such lease shall, in the discretion of the board of education, either be paid by the lessee, his grantees or assigns, or by the board of education, but the liability for such drainage taxes shall be fixed by the lease contract when said lands are leased. Where said lands have been leased by the superintendent of education, with the consent of the board of education in open session, and said lease contract provides that the lessee shall pay all such drainage taxes and assessments, and the lessee has actually entered upon and occupied said lands as lessee and is recognized as such, the school district in which said sixteenth section is located shall not be liable for such drainage taxes on account of the negligence of the secretary in failing to enter the order of the board approving said lease contract on its minutes. All such drainage taxes and assessments accruing on any such lands while the same are not leased shall be paid by the board of education of the school district in which such lands are situated, out of any sixteenth section funds belonging to the township in which such lands are located, which may be on hand at the time when such drainage taxes or assessments become due or which may be thereafter at any time collected or acquired. For the purpose of paying such drainage taxes and assessments, the board of education may borrow all money necessary to pay the same. When any such funds are borrowed as aforesaid, for the purposes aforesaid, the same shall be repaid out of the first sixteenth section fund thereafter derived from the sixteenth section lands so taxed and assessed.

HISTORY: Codes, 1930, § 6767; 1942, § 6607; Laws, 1924, ch. 267; Laws, 1940, ch. 182; Laws, 1978, ch. 525, § 32, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Tax levy by county board of supervisors to meet obligations of drainage district, see §51-29-47.

Apportionment of drainage taxes, see §51-31-63.

Yearly levy to meet bond obligations of drainage district, see §51-31-65.

JUDICIAL DECISIONS

1. In general.

Board of education may include in lease of sixteenth section land provision that lessee be responsible for payment of taxes and need not give lessee credit against rent for taxes paid by lessee. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

Where payment of drainage taxes on school land was not discussed at time lease was made with county superintendent of education, nor referred to in oral contract of lease therefor, liability for payment of drainage taxes remained with board of supervisors, under statute imposing liability on lessee. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

Where county superintendent of education verbally leased school land to tenant for year 1932 and pursued same course for two succeeding years, lease did not relieve county of liability for drainage taxes under statute imposing liability on lessee. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

Fact that income obtained by county from school land for each of years involved in suit by drainage district to recover drainage taxes on school land had been spent for school purposes did not preclude recovery of taxes. Fighting Bayou Drainage Dist. v. Leflore County, 180 Miss. 223, 177 So. 6, 1937 Miss. LEXIS 102 (Miss. 1937).

County receiving percentage of revenues derived from unleased sixteenth section land situated wholly within another county held not required to pay same percentage of drainage tax levied on section. Murphy Bayou Drainage Dist. v. Humphreys County, 166 Miss. 690, 145 So. 350, 1933 Miss. LEXIS 322 (Miss. 1933).

The board of supervisors of the county in which an unleased sixteenth section is situated must pay the drainage taxes accruing on the sixteenth section land. Murphy Bayou Drainage Dist. v. Humphreys County, 166 Miss. 690, 145 So. 350, 1933 Miss. LEXIS 322 (Miss. 1933).

County boards of supervisors are merely agents of State for administering school trust imposed on sixteenth section land owned by State. Washington County v. Riverside Drainage Dist., 159 Miss. 102, 131 So. 644, 1931 Miss. LEXIS 14 (Miss. 1931).

County board of supervisors under 1924 statute held required to pay drainage assessments levied after enactment of statute on any sixteenth section land not leased but included within drainage district. Washington County v. Riverside Drainage Dist., 159 Miss. 102, 131 So. 644, 1931 Miss. LEXIS 14 (Miss. 1931).

County board of supervisors, prior to 1924, held not authorized to pay drainage taxes or local assessments on State-owned sixteenth section land impressed with school trust. Washington County v. Riverside Drainage Dist., 159 Miss. 102, 131 So. 644, 1931 Miss. LEXIS 14 (Miss. 1931).

Authority of county boards of supervisors to deal with sixteenth section land impressed with trust for schools must be conferred by statute. Washington County v. Riverside Drainage Dist., 159 Miss. 102, 131 So. 644, 1931 Miss. LEXIS 14 (Miss. 1931).

§ 29-3-75. Insurance.

Any leaseholder shall have the right at his own expense to keep his interest in the buildings and other improvements on the leased premises insured against loss or damage by fire and windstorm.

HISTORY: Codes, 1942, § 6597-08; Laws, 1946, ch. 443, § 15; Laws, 1948, ch. 497, § 9.

§ 29-3-77. Disposition of buildings.

Where buildings are located on sixteenth section lands which are not subject to an existing lease and such buildings have ceased to be used for the purpose for which they were constructed, the board of education may sell and dispose of such buildings pursuant to the procedures prescribed in Sections 37-7-451 through 37-7-483.

HISTORY: Codes, 1942, § 6597-09; Laws, 1946, ch. 443, § 16; Laws, 1948, ch. 497, § 10; Laws, 1978, ch. 525, § 33, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Principal fund to include funds received from sale of buildings pursuant to this section, see §29-3-113.

§ 29-3-79. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-79 [Codes, 1942, § 6597-10; Laws, 1946, ch. 443, § 11; Laws, 1948, ch. 497, § 11]

Editor’s Notes —

Former §29-3-79 authorized the waiver of a lien for rent.

§ 29-3-81. Leasing of land classified as agricultural land.

  1. Sixteenth section lands, or any lands granted in lieu of sixteenth section lands, classified as agricultural may be leased for the cultivation of rice, or pasturage, for a term not to exceed ten (10) years. All other sixteenth section or lieu lands classified as agricultural may be leased for a term not exceeding five (5) years. All leases of land classified as agricultural shall be for a term to expire on December 31. Except in those cases when the holder of an existing lease on agricultural land elects to re-lease such land, as authorized under this subsection, it shall be the duty of the board of education to lease the sixteenth section or lieu lands at public contract after having advertised such lands for rent in a newspaper published in the county or, if no newspaper is published in the county, then in a newspaper having a general circulation therein, for two (2) successive weeks, the first being at least ten (10) days before the public contract. The lease form and the terms so prescribed shall be on file and available for inspection in the office of the superintendent from and after the public notice by advertisement and until finally accepted by the board. However, before the expiration of an existing lease of land classified as agricultural land, except as otherwise provided in subsection (2) for lands intended to be reclassified, the board of education, in its discretion and subject to the prior approval of the Secretary of State, may authorize the holder of the existing lease to re-lease the land, on no more than one (1) occasion, for a term not to exceed five (5) years and for a rental amount that is no less than one hundred twenty percent (120%) of the total rental value of the existing lease. If the holder of the existing lease elects not to re-lease the land, the board of education shall publish an advertisement of agricultural land for rent which publication shall be not more than four (4) months before the expiration of the term of an existing lease of the land. An election by the holder of the existing lease not to re-lease the land shall not preclude his participation in the bidding process established under this section. Subject to the classification of the land, the board of education shall enter into a new lease on agricultural land before the expiration of an existing lease on the same land, and the new lease shall take effect on the day immediately following the day on which the existing lease expires. The board of education may require bidders to furnish bond or submit evidence of financial ability.

    Bids received by the board of education in response to the advertisement shall be opened at a regular or special meeting of the board. The board of education, at its option, may reject all bids or accept the highest and best bid received in response to the advertisement, or the board of education may hold an auction among those who submitted bids in response to the advertisement. If the board of education elects to hold an auction, no bidder shall be granted any preference. The opening bid at the auction shall be highest bid received in response to the advertisement.

  2. If, during the final year of an existing lease, the board of education notifies the holder of the existing lease that the board of education intends to reclassify the land under Section 29-3-39, the holder of the existing lease may re-lease the land for a term of five (5) years and for a rental amount that is equal to one hundred twenty percent (120%) of the total rental value of the then existing lease. Thereafter, the board of education shall have the option to proceed with the reclassification of the land or may re-lease the land for one (1) additional term of five (5) years after advertising for bids or holding an auction in the same manner as provided in subsection (1) of this section, and the new classification will be implemented upon the expiration of the then existing lease. This subsection does not apply if the board of education intends to reclassify the land under the “commercial” or “industrial” land classification based on a valid business proposal presented to and approved by the board of education.
    1. If the board of education receives an acceptable bid in response to the advertisement and elects not to hold an auction among those submitting bids, then the holder of the existing lease may submit a second bid in an amount not less than one hundred five percent (105%) of the highest acceptable bid received if the holder of the existing lease: (i) submitted a bid in response to the advertisement; and (ii) constructed or made improvements on the leasehold premises after receiving approval of the board of education during the term of the existing lease. For purposes of this subsection, the term “improvements” shall not include any work or items that are done customarily on an annual basis in the preparing, planting, growing, cultivating or harvesting of crops or other farm products.
    2. If the holder of the existing lease elects to submit a second bid, the board of education shall hold an auction among those who submitted bids in response to the advertisement. The opening bid at the auction shall be the second bid of the holder of the existing lease. However, no leaseholder may submit a second bid if: (i) any rent, taxes or other payment required under his lease are past due; or (ii) he is otherwise in default of any term or provision of the lease and such default has not been corrected or cured to the satisfaction of the board of education after more than thirty (30) days’ notice to the leaseholder of the default.
    3. If an auction is held, the auction may be conducted at the meeting at which bids are opened or at a subsequent regular or special meeting. The board shall announce the time and place of the auction at the meeting at which bids are opened, and no further notice of the auction is required.
    4. If no bid acceptable to the board of education is received after the advertisement or at auction, the board of education may lease, within ninety (90) days, the lands by private contract for an amount greater than the highest bid previously rejected in order to acquire a fair rental value for the lands. If no bids are received in response to the advertisement, the board of education may negotiate a private contract for a fair rental value, and the term of such contract shall expire on December 31 of the same calendar year in which the contract is made. The board of education may take the notes for the rent and attend to their collection. The board has the right and remedies for the security and collection of such rents given by law to the agricultural landlords.
    5. If an existing lease is terminated before the expiration of the term originally set therein, upon finding that immediate action is necessary to prevent damage or loss to growing crops or to prevent loss of opportunity to lease the land for the current growing season, the board of education may negotiate a private contract for a fair rental value, and the term of such lease shall expire on December 31 of the same calendar year in which the contract is made.
  3. Any holder of a lease on agricultural land that: (a) was granted before July 1, 1997; and (b) has an expiration date on or after April 1 but before December 31 during the final year of the lease term, may extend the term of such lease to December 31 next following the expiration date originally provided for in the lease. If such lease is extended, the rent for the period from the original expiration date in the lease to December 31 next following the original expiration date shall be one hundred five percent (105%) of the annual rent provided in the existing lease prorated over the period of the lease extension. At the expiration of the extended lease term or at the expiration of the original lease term if the lease holder does not extend such lease, the land shall be offered for lease as provided in subsections (1) and (2) of this section.

HISTORY: Codes, 1942, § 6597-12; Laws, 1946, ch. 443, § 10; Laws, 1948, ch. 497, § 13; Laws, 1950, ch. 272; Laws, 1954, ch. 271; Laws, 1956, ch. 291; Laws, 1962, ch. 362; Laws, 1966, ch. 419, § 1; Laws, 1973, ch. 326, § 1; Laws, 1978, ch. 525, § 34; Laws, 1997, ch. 554, § 1; Laws, 1999, ch. 517, § 4; Laws, 2002, ch. 553, § 1; Laws, 2009, ch. 491, § 1, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment, in (2), inserted “then” preceding “existing lease” near the end of the first sentence, and in the second sentence, inserted “have the option to,” “or may re-lease the land…as provided in subsection (1) of this section and” and “then existing.”

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Definition of “agricultural land,” “commercial land” and “industrial land,” see §29-3-33.

Reclassification of sixteenth section land generally, see §29-3-39.

No holder of lease of sixteenth section land classified as agricultural land has priority right to extend lease except as provided in this section, see §29-3-63.

Leasing of land not classified as agricultural land, see §29-3-82.

JUDICIAL DECISIONS

1. In general.

Inasmuch as the leases of Sixteenth section lands situated in levee districts had to be approved by the county board of supervisors, the only practical way was to ask for sealed, written bids for leases in order that the same might be submitted to the board. Delta & Pine Land Co. v. Board of Supervisors, 228 So. 2d 893, 1969 Miss. LEXIS 1411 (Miss. 1969).

The separate classification of the alluvial lands located in the levee districts is a reasonable classification, is germane to the leasing of Sixteenth section lands within such districts, and this section [Code 1942, § 6597-12] is constitutional and governs the leasing of those lands. Delta & Pine Land Co. v. Board of Supervisors, 228 So. 2d 893, 1969 Miss. LEXIS 1411 (Miss. 1969).

The notice of the superintendent of education inviting bids for leases of Sixteenth section lands need not necessarily be published in the judicial district of a county having two judicial districts in which the land is located, for this section [Code 1942, § 6597-12] provides only that the notice be published in a newspaper published in the county. Delta & Pine Land Co. v. Board of Supervisors, 228 So. 2d 893, 1969 Miss. LEXIS 1411 (Miss. 1969).

OPINIONS OF THE ATTORNEY GENERAL

Agricultural land may be leased in accord with Section 29-3-81; there appears to be no provision in law for lessee to negotiate lower rental price after bid has been received and awarded and lease contract executed failing showing of mutual mistake wherein only court of competent jurisdiction may award equitable relief. Necaise Sept. 16, 1993, A.G. Op. #93-0664.

A lessee of sixteenth section agricultural lands does hold hunting and fishing rights on those lands, absent a specific lease provision to the contrary; since no sixteenth section lands except forest lands can be leased separately for hunting and fishing purposes, the county board of education may not include a provision in its advertisement for bids or in a lease of agricultural lands to exclude hunting and fishing rights from the lease; the board also has the duty to impose such provisions in sixteenth section leases that a prudent lessor would require. Rogers, January 16, 1998, A.G. Op. #97-0839.

The requirement in subsection (2)(a) that the leaseholder receive prior approval before making improvements is mandatory so that the school district has no discretion in instances where the district did not grant prior approval for the improvements. Griffin, Fev. 25, 2000, A.G. Op. #2000-0078.

It is the clear intent of the legislature in the definition stated in §29-3-33(f) is that no land may be classified farm-residential unless it has been classified continuously as farm residential since July 1, 1978. Cheney, Sept. 24, 2004, A.G. Op. 04-0457.

§ 29-3-82. Leasing of land not classified as agricultural land.

The following procedure shall be followed for the leasing of sixteenth section school lands or lands granted in lieu thereof which are not classified as agricultural land:

Any present leaseholder who desires to renew his lease, or any person who desires to lease sixteenth section or lieu lands, shall make application to the superintendent of education.

Upon receipt of an application for the lease of such lands, the superintendent of education shall promptly give consideration to the application and he shall record his recommendation in writing and present it to the board of education at the next regular meeting of the board.

The board of education, at its meeting, shall consider the application and recommendation of the superintendent of education and may receive any other information which it considers bearing upon the approval of the application and lease of such land. Within thirty (30) days of the receipt of an application, the board shall act on the application and if such action is favorable, the board of education shall submit to the superintendent of education a suggested lease agreement.

The superintendent of education shall then present the lease to the board of supervisors of the county where such land is located. Within thirty (30) days of the receipt of the lease, the board of supervisors shall accept or reject the proposed rental amount.

If the board of supervisors accepts the lease as proposed by the board of education, the superintendent of education shall execute the lease to the applicant under the terms and conditions set forth in the lease.

If the board of supervisors refuses to accept the rental value set by the board of education in the proposed lease, the rental value of the lease shall be determined under the provisions set forth in Section 29-3-1(2).

All sixteenth section or lieu land leases shall be reduced to writing and signed in triplicate by the president of the board of supervisors, the president of the board of education and the superintendent of education. The chancery clerk shall certify one (1) copy of the lease to the superintendent of education and one (1) copy to the state land commissioner, and shall record the original on the deed records of the county, abstract the lease as a mesne conveyance, and record it on the minutes of the board of supervisors. The chancery clerk shall charge and collect from the lessee the full recording fees.

HISTORY: Laws, 1978, ch. 525, § 2, eff from and after July 1, 1978.

Editor’s Notes —

Pursuant to Section 7-11-4, effective January 1, 1980, the words “state land commissioner,” “land commissioner,” “state land office” and “land office” shall mean the Secretary of State.

Cross References —

Duties, responsibilities and authority of the state land commissioner under this chapter being transferred to the office of the secretary of state, see §29-3-1.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Definitions of land classifications, see §29-3-33.

Leasing of land classified as agricultural land, see §29-3-81.

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former §29-3-61.

1. In general.

In managing sixteenth section school lands, board of education must exercise care and skill that person of ordinary prudence would exercise in dealing with own property; board may require lessees of sixteenth section land to sign leases and may include terms in leases that persons of ordinary prudence would include. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

Requirement of §§29-3-1,29-3-82 that appraisals be paid for out of sixteenth section school funds applies to appraisals resulting from dispute between board of supervisors and board of education in initial leasing or re-leasing of property and does not apply to appraisals resulting from disputes between lessees and boards of education in reappraisal of land during pendency of lease; accordingly, in latter case, board of education may include lease provision requiring lessee to pay for appraisal. Turney v. Marion County Bd. of Education, 481 So. 2d 770, 1985 Miss. LEXIS 2421 (Miss. 1985).

2.-5. [Reserved for future use.]

6. Under former § 29-3-61.

Ninety-nine-year leases of sixteenth section lands are no longer permitted by law. Hood v. Foster, 194 Miss. 812, 13 So. 2d 652, 1943 Miss. LEXIS 109 (Miss. 1943).

Timber on school lands held under a 99-year agricultural lease could not be sold by the board of supervisors without the consent of the lessee, in view of the latter’s right to “estovers”; and where board of supervisors sold such timber without lessee’s consent, lessee was entitled to maintain a suit to enjoin removal of the timber. Hood v. Foster, 194 Miss. 812, 13 So. 2d 652, 1943 Miss. LEXIS 109 (Miss. 1943).

The State Highway Commission may construct and maintain a public highway over school lands without compensation to the county for such use and without condemnation proceedings. Board of Sup'rs v. State Highway Com., 188 Miss. 274, 194 So. 743, 1940 Miss. LEXIS 30 (Miss. 1940).

OPINIONS OF THE ATTORNEY GENERAL

Subleases and assignments of sixteenth section leases must meet the formal requirements for execution of a “sixteenth section lieu lands” lease provided for by Miss. Code Section 29-3-82(g) and must include the signatures of the President of the Board of Supervisors, the President of the Board of Education and the Superintendent of Education. Wallace, July 18, 1997, A.G. Op. #97-0375.

§ 29-3-83. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-83. [Codes, 1942, § 6597-13; Laws, 1948, ch. 497, § 14]

Editor’s Notes —

Former §29-3-83 authorized the lease of lands lying partially within a levee district.

§ 29-3-85. Reservation of rights in lease.

In all surface leases of sixteenth section land made by the board of education, whether such leases be original leases or extensions of existing leases, title to all timber, minerals, oil, and gas on such lands shall be reserved, together with the right of ingress and egress to remove same, whether such provisions be included in the terms of any such lease or not; and no timber shall be cut and used by the lessees except for fuel and necessary repairs and improvements on the leased premises. The board of education, notwithstanding the fact that such land may have been leased for other purposes, shall have the right, from time to time, to sell all merchantable timber on such lands in the manner hereinabove provided. In all cases where surface leases were outstanding on June 28, 1958, and have at least five (5) years remaining of the term thereof wherein the right to sell timber has not been reserved, either expressly or by operation of law, the board may, by agreement with the lessee, sell such timber under the procedure herein set out. In all such cases the forestry commission shall only cause to be marked for cutting such timber as, in its judgment, should be harvested in the best interest of the reversionary estate, and the board may agree to pay to the lessee a portion of the proceeds of such sales from time to time, not to exceed fifty percent (50%) thereof after the deduction of the fifteen percent (15%) escrow money, hereinbefore mentioned, and all other costs of the sale. In any surface lease, the board of education shall reserve the right to grant or sell rights-of-way across any of said land for a road, highway, railroad, or any public utility line, provided only that the leaseholder be paid a reasonable rental for the unexpired term of his lease by the grantee of such right-of-way. If any surface lessee of any such sixteenth section land shall commit, cause to be committed, or permit the commission of any act of waste on any sixteenth section lands under lease to such lessee, then such lease shall thereupon, as to such lessee, cease and terminate and shall thenceforth be null and void; and the board of education shall have the right to institute an action in any court of competent jurisdiction to secure the cancellation of same of record, to recover damages for such waste, and to maintain an action in ejectment to recover possession of the same. To this end, the board of education is hereby authorized and empowered to employ competent counsel to institute and maintain any such action or actions on behalf of the board.

HISTORY: Codes, 1942, § 6598-18; Laws, 1958, ch. 303, § 18; Laws, 1978, ch. 525, § 35; Laws, 1992, ch. 486 § 6, eff from and after passage (approved May 7, 1992).

Cross References —

Jurisdiction and powers of board of supervisors, see §19-3-41.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Compensation of state forestry commission for expenses, see §29-3-47.

Mineral leases, see §§29-3-85,29-3-99.

Duties and powers of state forestry commission, see §49-19-3.

JUDICIAL DECISIONS

1. In general.

The holder of a sixteenth section agricultural lease, which reserved to the board of supervisors the right to grant or sell a right-of-way across said land for any public utility line, had the right to prevent the construction of a pipeline across his leasehold lands under a purported pipeline easement granted by the board of supervisors, where the holder of the easement was not a public utility because its transmission of gas through the proposed pipeline was not open to the public and it had not acquired a certificate of public convenience and necessity. Holder v. Mississippi Fuel Co., 317 So. 2d 891, 1975 Miss. LEXIS 1778 (Miss. 1975).

The cutting and selling of timber from sixteenth section lands by a tenant in possession under the original 99-year agricultural lease constitutes waste. Board of Supervisors v. Bond, 203 So. 2d 800, 1967 Miss. LEXIS 1394 (Miss. 1967).

Where waste has been committed or permitted by the tenant, the cancellation of a sixteenth section lease is mandatory and automatic under this section [Code 1942, § 6598-18]. Board of Supervisors v. Bond, 203 So. 2d 800, 1967 Miss. LEXIS 1394 (Miss. 1967).

OPINIONS OF THE ATTORNEY GENERAL

A lessee of sixteenth section agricultural lands does hold hunting and fishing rights on those lands, absent a specific lease provision to the contrary; since no sixteenth section lands except forest lands can be leased separately for hunting and fishing purposes, the county board of education may not include a provision in its advertisement for bids or in a lease of agricultural lands to exclude hunting and fishing rights from the lease; the board also has the duty to impose such provisions in sixteenth section leases that a prudent lessor would require. Rogers, January 16, 1998, A.G. Op. #97-0839.

In view of the overriding public interest in the carrying out of the purposes of the sixteenth section trust, where the Mississippi Department of Transportation obtains a right of way for a highway that runs across sixteenth section land and subsequently wants to cut the timber in the median of that highway, the timber involved would be harvested by the school board and the proceeds thereof used to support the public schools. Cheney, June 4, 1999, A.G. Op. #99-0231.

§ 29-3-87. Reservation of lands for school building site, public park, or recreational area.

Notwithstanding the provisions of this or any other statute, the several boards of education are hereby authorized and empowered, in their discretion and by resolution spread upon the minutes, to set aside, reserve, and dedicate any available sixteenth section lands or lands in lieu thereof for use by such school district as a site for school buildings, which such dedication and reservation shall be for such length of time, not exceeding fifty (50) years, and upon such terms and conditions as the board of education, in its discretion, shall deem proper. Any such reservation or dedication of sixteenth section lands shall automatically cease and terminate if, at any time, the land involved shall cease to be used for the purpose for which the dedication or reservation is made. The reservation or dedication shall cover the surface of said lands only and shall not prevent the board of education from leasing said lands for oil, gas, and mineral exploration and development in a manner otherwise provided by law.

In the same manner and subject to the same provisions hereinabove set forth the board of education having a timber management and marketing agreement with the state forestry commission or National Forest Service, may set aside, reserve and dedicate any available sixteenth section lands or lands granted in lieu thereof, which has been classified as forest land under the provisions of Section 29-3-31 et seq., Mississippi Code of 1972, to be utilized for public parks and recreation areas. The board of supervisors or the governing authorities of any municipality wherein such lands or any portion thereof lie may expend any funds otherwise available for park or recreational areas in the construction and maintenance of improvements to be located thereon.

The setting aside, reservation and dedication of any such sixteenth section lands, or lands granted in lieu thereof by a board of education to the state park commission for the purpose of locating a state park thereon may be for a length of time not exceeding ninety-nine (99) years.

No sixteenth section or lieu land which is subject to an existing lease shall be set aside, dedicated, and reserved as a school building site or for public park or recreational purposes under the provisions of this section unless the school district involved shall acquire the unexpired leasehold interest from the leaseholder, or unless such lease and leasehold interest shall be surrendered and relinquished by the leaseholder.

HISTORY: Codes, 1942, § 6598-19; Laws, 1958, ch. 303, § 19; Laws, 1974, ch. 546, § 1; Laws, 1978, ch. 525, § 36, eff from and after July 1, 1978.

Editor’s Notes —

Laws of 1974, ch. 546, § 1 and Laws of 1978, ch. 525, § 36, contain a reference in the second paragraph to forest land classified by the provisions of “ §39-3-31 et seq.” By direction by the office of the Mississippi Attorney General the reference to “39-3-31” has been changed to “29-3-31” to reflect the correct section number.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Definitions of land classifications, see §29-3-33.

Restrictions on lease of forest lands, see §29-3-41.

Improvements on forest lands, see §29-3-43.

Management of forest lands, see §29-3-45.

Agreements for timber improvement, see §29-3-49.

Lease of state park lands involving school lands, see §55-3-47.

OPINIONS OF THE ATTORNEY GENERAL

Except for uses by the public schools and for use as public parks, pursuant to Section 29-3-87, no governmental agency is entitled to any type of so-called “special consideration” in leasing sixteenth section lands. All sixteenth section land leases to governmental entities are subject to the same leasing restrictions and provisions as are applicable to any other individual or entity. See also Section 29-3-63(2). Hill, March 8, 1995, A.G. Op. #95-0040.

RESEARCH REFERENCES

CJS.

73A C.J.S., Public Lands § 110.

§ 29-3-88. Acquisition of land for construction of school buildings or structures.

The board of education is authorized and empowered to acquire in its own name by purchase, contribution or otherwise all land situated in its district within sixteenth section or lieu lands and under a lease contract which shall be necessary and desirable in connection with the construction of any public school building or structure. If the board shall be unable to agree with the lessee of any such land in connection with any such project, the board shall have the power and authority to acquire any such land by condemnation proceedings in the manner otherwise provided by law and, for such purpose, the right of eminent domain is hereby conferred upon and vested in said board.

HISTORY: Laws, 1978, ch. 525, § 49, eff from and after July 1, 1978.

Cross References —

Power of eminent domain generally, see §§11-27-1 et seq.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

§ 29-3-89. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-89. [Codes, 1942, § 6597.5; Laws, 1956, ch. 268]

Editor’s Notes —

Former §29-3-89 authorized the leasing of vacant school lands to fair associations.

§ 29-3-91. Compensation for easement or right of way exception.

  1. Except as otherwise provided in subsection (2) of this section, whenever the United States or any agency thereof, or the state or any agency or subdivision thereof, or any private organization, corporation, association, or person acquires, by condemnation or otherwise, any easement or right-of-way across any sixteenth section land or lieu land, then adequate compensation therefor shall be paid by the party acquiring the same to the board of education concerned; and the sum or sums so received shall be placed in the principal fund or funds of the school district or districts concerned.
  2. If the local board of education, by resolution duly adopted and spread upon its minutes, determines that a new road is necessary to provide access to and on sixteenth section land or lieu land, that the new road will enhance the value of the sixteenth section land or lieu land, and requests that a county or city construct and maintain the road, then, upon agreement by the county or city to bear all costs of construction and maintenance, the local board of education may provide a right-of-way for the new road without compensation from the county or city if the initial cost of constructing the new road exceeds the value of the right-of-way. The local board of education shall have sole discretion in determining the location of any new road constructed under the authority of this subsection. This subsection shall not apply to state road projects or to any change or improvement to or relocation of existing roads under the jurisdiction of a county or city.

HISTORY: Codes, 1942, § 6598-20; Laws, 1958, ch. 303, § 20; Laws, 1964, ch. 405, § 1; Laws, 1978, ch. 525, § 37; Laws, 1999, ch. 366, § 1, eff from and after passage (approved Mar. 15, 1999).

Cross References —

Pipeline easements across state-owned land, see §§29-1-101 through29-1-105.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Expenditure of moneys derived from lands, see §29-3-111.

Principal fund to include funds recieved for easments and rights-of-way pursuant to this section, see §29-3-113.

JUDICIAL DECISIONS

1. In general.

Award to county of $21,365 for the taking of 42.28 acres for highway purposes out of tract of 640 acres of sixteenth section land, which was subject to a lease having about 14 years to run, was not excessive. Mississippi State Highway Com. v. Madison County, 242 Miss. 471, 135 So. 2d 708, 1961 Miss. LEXIS 588 (Miss. 1961).

OPINIONS OF THE ATTORNEY GENERAL

In view of the overriding public interest in the carrying out of the purposes of the sixteenth section trust, where the Mississippi Department of Transportation obtains a right of way for a highway that runs across sixteenth section land and subsequently wants to cut the timber in the median of that highway, the timber involved would be harvested by the school board and the proceeds thereof used to support the public schools. Cheney, June 4, 1999, A.G. Op. #99-0231.

A school board must receive adequate compensation for any additional easement or right-of-way across sixteenth section lands. Shelton, Sept. 17, 2004, A.G. Op. 04-0452.

A board of education may grant a perpetual easement subject to a reverter clause with a one-time payment of a lump sum. Cheney, Nov. 30, 2004, A.G. Op. 04-0456.

An entity with the right of eminent domain or condemnation is enabled to enter into either a lease with yearly payments or a perpetual easement agreement subject to a reverter clause with a one-time payment of a lump sum amount. Therefore, at the expiration of the lease, or by mutual consent of the parties, the school board may grant such an entity a perpetual easement agreement subject to a reverter clause with a one-time payment of a lump sum amount. Whether by one-time lump sum or yearly payments, the board must seek adequate compensation. Cheney, Nov. 30, 2004, A.G. Op. 04-0456.

School board members must follow statutory requirements and principles of trust management, including “reasonable man” standards, to obtain fair market value for Sixteen section lands: Cheney, Nov. 30, 2004, A.G. Op. 04-0456.

A board of education has the right to grant a Sixteenth section lessee a lease for a set term with annual payments for a right of way, unless an entity with condemnation powers has obtained a right of way easement by eminent domain and thereafter has compensated the school board by a lump sum amount. Cheney, Nov. 30, 2004, A.G. Op. 04-0456.

A utility company, if it has statutory condemnation authority, has the right to go to court to seek the easement and to have the court set the appropriate payment method. Cheney, Nov. 30, 2004, A.G. Op. 04-0456.

§ 29-3-92. Purchase of easements for access to sixteenth section or lieu lands; use of eminent domain to acquire easement access prohibited.

  1. The school board of a school district may acquire, in the name of the district, by purchase, all easements that are necessary and desirable for access to sixteenth section lands or lieu lands.Whenever the purchase price for property on which an easement is to be located is greater than Fifty Thousand Dollars ($50,000.00), the school board may not purchase the property for an amount exceeding the fair market value of the property, as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State of Mississippi.
  2. In no event shall eminent domain be used against any private land owner by any local school board or local governing authority to acquire easement access to sixteenth section lands or lieu lands.If a landowner objects or refuses to sell an easement right in his or her property to the local school board, the board shall seek another means to gain access to those lands that does not interfere with the landowner’s quiet use and enjoyment of his or her property.

HISTORY: Laws, 2011, ch. 372, § 1, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 2011, ch. 372, § 2, provides:

“SECTION 2. Section 1 of this act shall be codified as a new section in Chapter 3, Title 29, Mississippi Code of 1972.”

§§ 29-3-93 through 29-3-97. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-93. [Codes, 1930, § 6761; 1942, § 6599; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1954, ch. 256, § 1].

§29-3-95. [Codes, 1942, § 6599.3; Laws, 1954, ch. 256, § 2; Laws, 1956, ch. 160].

§29-3-97. [Codes, 1942, § 6606-11; Laws, 1956, ch. 272, §§ 1-3].

Editor’s Notes —

Former §29-3-93 authorized the sale of timber, gravel, and acid iron earth, and lease for turpentine or pasturage.

Former §29-3-95 authorized the sale of timber, gravel, etc., in counties lying in De Soto National Forest and Homochitto National Forest.

Former §29-3-97 authorized the use of principal funds for construction and equipment of school buildings.

§ 29-3-99. Leases for oil, gas and mineral exploration, mining, production and development.

The board of education is hereby authorized and empowered, in its discretion, to let, demise and lease sixteenth section lands, included in the Choctaw Purchase, or the lands held in lieu of same whether located therein or elsewhere, reserved for the support of township schools, for exploration, mining, production and development by any method of oil, gas, and minerals, including (a) oil, gas, carbon dioxide and other gaseous substances, (b) metals, compounds of metals, or metal-bearing ores, (c) coal, including anthracite, bituminous, subbituminous, lignite and their constituent components and products and minerals intermingled or associated therewith, and (d) sulphur, salt, sand, gravel, fill dirt and clay, upon such terms and conditions and for such consideration as the board of education, in its discretion, shall deem proper and advisable. Such leasing shall, except as hereinafter provided, be done by competitive bids only, made upon at least three (3) weeks public notice given by advertisement in a newspaper published in the county wherein such lands are situated, or if no newspaper be published in said county then in a newspaper having general circulation therein. Such advertisement shall give an accurate legal description of the lands to be leased, inviting sealed proposals thereon to be filed with the superintendent of education. Before bids are requested, the board shall prescribe the form of the lease and shall prescribe the royalty to be retained by the lessor, the annual rental to be paid by the lessee during the primary term of the lease, and shall have as subject to bid only the bonus to be paid by lessee, and, for leases of coal, the bonus to be paid by lessee for any renewal term as hereinafter provided. The lease form and the terms so prescribed shall be on file and available for inspection in the office of the superintendent from and after the public notice by advertisement and until finally accepted by the board. The board of education shall award the lease to the highest bidder in the manner provided by law. Said school lands shall not be leased for oil, gas, and minerals, including metals, compounds of metals, or metal-bearing ores, coal and clay, exploration, mining, production, and development for a bonus of less than One Dollar ($1.00) per acre and a renewal rental or renewal bonus of less than One Dollar ($1.00) per acre per annum during the primary term. Such lands shall not be leased for oil, gas, and other minerals for a primary term of more than five (5) years and so long thereafter as oil, gas or other minerals are being produced and mined from said lands, or so long as the lease is being maintained by other lease provisions, except that a lease shall in no event extend longer than permitted by Section 211 of the Mississippi Constitution. Such lands shall not be leased for coal for a primary term of more than twenty (20) years and so long thereafter as coal is being mined and sold or utilized by lessee from such lands or from adjoining lands within a mine plan which includes such lands or so long as mining operations are being prosecuted on such lands on a continuous basis; provided, however, that any lease of coal may provide for one (1) renewal term of not more than twenty (20) years from and after expiration of the initial term upon payment by lessee of a renewal bonus of not less than One Dollar ($1.00) per acre. Any mine plan referred to in this paragraph shall not contain more than five thousand (5,000) acres. The royalties to be paid shall not be less than (a) on oil, one-eighth (1/8) of that produced and saved from said lands; (b) on gas, including casinghead gas or other gaseous substances produced from said land and sold or used off the premises or in the manufacture of gasoline or other products therefrom, the market value at the well of one-eighth (1/8) of the amount realized from such sale; (c) on coal mined on such land and sold or utilized by lessee, one-twentieth (1/20) of the market value at the mine of each ton of two thousand (2,000) pounds; (d) on all other minerals produced, mined and marketed, one-sixteenth (1/16) either in kind or value at the well or mine at lessor’s election, except that on sulphur mined and marketed, the royalty shall be not less than Fifty Cents (50¢) per long ton, except, further, that on salt the royalty shall be not less than Five Cents (5¢) per ton mined. Lessee shall have free use of oil, gas, coal, and water from said land, except water from lessor’s wells, unless lessor shall agree in writing to the use of water from lessor’s wells, for all operations hereunder, and the royalty on oil, gas, and coal shall be computed after deducting any so used. In leasing said lands for the mining and removal of clay, sand, gravel and fill dirt, the bid shall be by the cubic yard truck measure and to the highest and best bidder, provided that these materials shall not be sold therefrom for less than the regular market price thereof, such price to include the value of the royalty provided for herein. The board of education shall not lease any sixteenth section land that was sold and conveyed in fee simple forever by a board of supervisors prior to 1890.

It is further specifically provided that such leases shall not be let at a special meeting of the board of education.

Leases for metals, coals, sand, gravel, fill dirt or clay may be executed covering land upon which leases are outstanding for the exploration, mining, and development of oil, gas, and other minerals, provided proper safeguards are incorporated in the lease for the protection of the other leaseholders. All such leases shall contain suitable provisions for adequate compensation to the surface lessee, if any, for any damage done to the leasehold estate in such lands and for the use of a substantial portion of the surface thereof for such mining and/or developing or processing purposes, and for rights of ingress and egress, and all such leases shall further contain suitable provisions for adequate compensation to the board of education for any permanent damage done to the surface of the land or any timber thereon. Any future lease of said land after expiration of the present lease thereon will be subject to the rights of any lessee under provisions hereof.

If the lessor commits any error in the leasing procedure which renders the lease void or voidable, the lessee shall be entitled to recover the consideration paid to secure the lease.

No clay shall be leased nor removed within the boundary of any incorporated municipality as such boundary existed on January 1, 1964, nor within one hundred fifty (150) feet of any dwelling house which is either occupied or has been vacant less than ninety (90) days, without the written consent of the leaseholder of the surface from which such clay is to be leased or removed, regardless of classification of such lands.

HISTORY: Codes, 1930, § 6762; 1942, § 6600; Laws, 1926, ch. 318; Laws, 1930, ch. 278; Laws, 1942, ch. 150; Laws, 1962, ch. 363; Laws, 1962, 2d Ex Sess, ch. 19; Laws, 1964, ch. 406; Laws, 1978, ch. 525, § 39; Laws, 1981, ch. 397, § 1; Laws, 1992, ch. 486 § 7; reenacted, Laws, 1993, ch. 378, § 1, eff from and after passage (approved March 16, 1993).

Cross References —

Easements for pipelines over state lands, see §§29-1-101 through29-1-105.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Oil, gas, and minerals deemed a separate classification of sixteenth section lands in Choctaw Purchase, see §29-3-31.

Prima facie validity of leases executed and recorded in substantial conformity with law, see §29-3-52.

Re-lease or extension of existing oil, gas, or mineral lease on sixteenth section land, see §29-3-63.

Right of county board of supervisors to lease sixteenth section lands for mineral, oil or gas exploration and development, see §29-3-85.

Rights of mineral lessee, see §29-3-101.

Authority to lease state lands for mineral exploration, see §29-7-3.

Proceeds from leases of sixteenth section school lands or lieu lands located in area defined as coastal wetlands, see §29-7-14.

Mineral leases of land belonging to agricultural high schools and junior colleges, see §37-27-29.

Agreement by public officers for cooperative development and operation of oil and gas leases, see §53-3-51.

JUDICIAL DECISIONS

1. Validity.

2. Construction and application.

1. Validity.

This section [Code 1942, § 6600] is not unconstitutional as being in violation of § 90(p) of the Constitution, prohibiting the passage of local, private or special laws for the management or support of any private or common school, on the theory that, being applicable only to school lands “in the Choctaw Purchase,” it applies specially to some but not all parts of the state, since the quoted language was intended to refer to all lands of the state outside of the Chickasaw Cession. Smith v. McCullen, 195 Miss. 34, 13 So. 2d 319, 1943 Miss. LEXIS 119 (Miss. 1943).

The objection that statutory provision permitting lease of sixteenth section lands for oil, gas and mineral exploration and development, and for entry upon such lands for such purposes, was unconstitutional because the lease might under its terms remain in force so long as oil and gas should be produced from the land and therefore longer than the 25 years prescribed by a constitutional provision, is obviated by the statute providing that conveyances purporting to convey or pass a greater estate in the grantor might lawfully convey or pass, shall operate and pass such a right or estate as the grantor might lawfully convey. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Statutory provisions providing for the lease by county authorities upon approval of the state of sixteenth section lands for oil, gas and mineral exploration and development, and for entry on such lands for such purposes, were not unconstitutional, in that they authorized a sale of minerals in situ, as a part of the realty, and that the lease might under its terms remain in force so long as oil and gas were produced on the land which might be longer than 25 years, all in violation of the state constitution prohibiting either a sale of any part of the sixteenth section lands, or a lease thereof for a period of more than 25 years. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Statutes providing for the lease by county authorities upon approval of the state of sixteenth section school lands for oil, gas and mineral exploration and development and for entry on such lands for such purposes, were not unconstitutional as authorizing a sale of minerals in situ, as a part of the realty, in violation of the constitutional provisions prohibiting a sale of any part of the sixteenth section lands, since the constitutional prohibition extended only to lands, using the term in the restricted sense as meaning only the soil and not the soil and everything above and below it. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

2. Construction and application.

On application to lease sixteenth section or lieu lands for oil, gas, and mineral exploration and development, an acceptance by the board of supervisors constituted a contract. Oliver v. Board of Supervisors, 211 Miss. 447, 51 So. 2d 766, 1951 Miss. LEXIS 375 (Miss. 1951).

Where there was a lease of school lands for oil, gas, and mineral exploration and development and there was a mistake by both parties as to the number of acres in the lease, there being more acreage than described in lease, the lease would be reformed to include the additional acreage. Oliver v. Board of Supervisors, 211 Miss. 447, 51 So. 2d 766, 1951 Miss. LEXIS 375 (Miss. 1951).

In leasing sixteenth section or lieu lands for oil, gas, and mineral exploration and development, a responsibility devolves upon a board of supervisors to determine the number of acres and that determination is requisite to the performance of duty, and in so doing, the supervisors were under the obligation to exercise a high degree of care. Oliver v. Board of Supervisors, 211 Miss. 447, 51 So. 2d 766, 1951 Miss. LEXIS 375 (Miss. 1951).

Mineral leases under this section [Code 1942, § 6600] are limited to six-year terms, and neither board of supervisors nor county superintendent may lawfully make contract binding their successors, which begins after terms of office of board making it has expired. Humble Oil & Refining Co. v. State, 206 Miss. 847, 41 So. 2d 26, 1949 Miss. LEXIS 306 (Miss. 1949).

Members of board of supervisors and county superintendent of education, whose terms of office expired December 31, 1947, had no power or authority on October 20, 1947, to execute new mineral lease under this section [Code 1942, § 6600] to go into effect on April 7, 1948 and continue effective for period of two years, though four of supervisors and county superintendent were reelected. Humble Oil & Refining Co. v. State, 206 Miss. 847, 41 So. 2d 26, 1949 Miss. LEXIS 306 (Miss. 1949).

Plaintiffs were not entitled to cancelation of adverse claims to certain sixteenth section school lands and a mineral lease executed by board of supervisors, where they based their rights on an admittedly valid 99-year lease and the evidence showed that they were only lessees for the unexpired term of the original lease. Pilgrim v. Neshoba County, 206 Miss. 703, 40 So. 2d 598, 1949 Miss. LEXIS 294 (Miss. 1949).

The phrase “in the Choctaw purchase” was used to distinguish sixteenth sections of all lands in the state from sixteenth sections in the Chickasaw Cession and to refer to all lands in the state outside the Chickasaw Cession. Smith v. McCullen, 195 Miss. 34, 13 So. 2d 319, 1943 Miss. LEXIS 119 (Miss. 1943).

Chancery court had jurisdiction under Code 1942, § 6613 to entertain a suit by school trustees of a township, seeking court’s approval of a proposed but unexecuted mineral lease of sixteenth section land, to determine whether such land was subject to lease by proper authorities under any existing law, and, particularly, whether such land could be leased by county supervisors under Code 1930, § 6762, and to determine the validity of this section [Code 1942, § 6600], amending said section of the 1930 Code. Smith v. McCullen, 195 Miss. 34, 13 So. 2d 319, 1943 Miss. LEXIS 119 (Miss. 1943).

This section [Code 1942, § 6600] empowers the board of supervisors of Pearl River County, with the approval of the county superintendent of education, to lease school lands in township 3, range 17, of such county. Smith v. McCullen, 195 Miss. 34, 13 So. 2d 319, 1943 Miss. LEXIS 119 (Miss. 1943).

It would be contrary to every rule of reason to require that prior compensation be made to the surface lessees of their damages, as a condition precedent to the state’s right to enter upon these lands to explore for, drill and remove minerals, where it is known that the measure of such compensation cannot be ascertained until after the extent of such exploration and drilling operations shall have been determined, following such an entry. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Since the school trustees of township, who had executed 99-year agricultural leases on sixteenth section lands in the county, were without power to waive the right of the state to go upon such lands in the future and utilize any source of revenue that might be derived from them not disposed of by such agricultural or surface leases, it was not essential that the right to minerals be expressly reserved therein, since there was necessarily reserved that which the grantor was without power to convey or contract away. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Decision of the court below holding that the bill of complaint stated a good cause of action for confirming the title of a lessee from the state in the oil and gas upon sixteenth section lands, cancelling oil and gas easement contracts and leases executed by 99-year agricultural or surface lessees, and awarding injunctive relief to prevent such lessees from preventing the entry upon such lands by the lessee of the state in order to explore and develop such lands for oil and gas, should be affirmed; and that court was vested with plenary power on a final hearing under the complainants’ offer to do equity, and as a condition precedent to keeping the injunction in force, to make secure the rights of agricultural lessees and afford them an adequate remedy in equity, or at law if desired, to collect such damages as might be later sustained to their surface rights. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Leases made under statute authorizing board of supervisors to lease sixteenth section land for oil, gas and mineral development confer on lessees no greater right to enter on lands than State has. Gulf Refining Co. v. Terry, 163 Miss. 869, 142 So. 457, 1932 Miss. LEXIS 98 (Miss. 1932), overruled, Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Lessor under oil and gas lease executed by county supervisors in 1929 held not entitled to injunction restraining lessee, under lease for term of years executed by school trustees of township in 1846, from interfering with entry under oil and gas lease. Gulf Refining Co. v. Terry, 163 Miss. 869, 142 So. 457, 1932 Miss. LEXIS 98 (Miss. 1932), overruled, Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

OPINIONS OF THE ATTORNEY GENERAL

The controlling statute a school board must follow to sell sand, gravel, fill dirt, or clay from sixteenth section school trust land is Section 29-3-99 and not Section 31-7-1 et seq. Section 29-3-99 is a specific statute which details the competitive bid requirements on sixteenth section lands for the sale of sands, gravel, fill dirt or clay. Section 31-7-1 et seq. are of a more general nature which deal with public purchasing requirements. McWhorter, November 27, 1995, A.G. Op. #95-0769.

The sale of materials such as sand, gravel, dirt, and clay from sixteenth section lands must be made in strict accord with the provisions of the statute, including the requirements for competitive bids after notice by advertisement. Shows, October 30, 1998, A.G. Op. #98-0654.

RESEARCH REFERENCES

Law Reviews.

1982 Mississippi Supreme Court Review: Miscellaneous: Mineral Leasing of State-Owned Lands. 53 Miss. L. J. 199, March 1983.

§ 29-3-101. Rights of mineral lessee.

Every such lease shall empower the lessee to enter upon the premises leased and explore and develop such premises for oil, gas, or either of them, or such other mineral as may be included in the terms of said lease, and to do all things necessary or expedient for the production and preservation of any of such products; and shall inure to the lessee, his heirs or assigns.

HISTORY: Codes, 1930, § 6763; 1942, § 6601; Laws, 1926, ch. 318; Laws, 1930, ch. 278.

JUDICIAL DECISIONS

1. Validity.

2. Construction and application.

1. Validity.

Statutory provisions providing for the lease by county authorities upon approval of the state of sixteenth section lands for oil, gas and mineral exploration and development, and for entry on such lands for such purposes, were not unconstitutional, in that they authorized a sale of minerals in situ, as a part of the realty, and that the lease might under its terms remain in force so long as oil and gas were produced on the land which might be longer than 25 years, all in violation of the state constitution prohibiting either a sale of any part of the sixteenth section lands, or a lease thereof for a period of more than 25 years. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

The objection that statutory provision permitting lease of sixteenth section lands for oil, gas and mineral exploration and development, and for entry upon such lands for such purposes, was unconstitutional because the lease might under its terms remain in force so long as oil and gas should be produced from the land and therefore longer than the 25 years prescribed by a constitutional provision, is obviated by the statute providing that conveyances purporting to convey or pass a greater estate in the grantor might lawfully convey or pass, shall operate and pass such a right or estate as the grantor might lawfully convey. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Statutes providing for the lease by county authorities upon approval of the state of sixteenth section school lands for oil, gas and mineral exploration and development and for entry on such lands for such purposes, were not unconstitutional as authorizing a sale of minerals in situ, as a part of the realty, in violation of the constitutional provisions prohibiting a sale of any part of the sixteenth section lands, since the constitutional prohibition extended only to lands, using the term in the restricted sense as meaning only the soil and not the soil and everything above and below it. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

2. Construction and application.

There is no such statute as this with reference to the purchaser of the timber on sixteenth section lands, and, accordingly, the timber on such lands, held under a 99-year agricultural lease, could not be sold without the consent of the lessee. Hood v. Foster, 194 Miss. 812, 13 So. 2d 652, 1943 Miss. LEXIS 109 (Miss. 1943).

Since the school trustees of township, who had executed 99-year agricultural leases on sixteenth section lands in the county, were without power to waive the right of the state to go upon such lands in the future and utilize any source of revenue that might be derived from them not disposed of by such agricultural or surface leases, it was not essential that the right to minerals be expressly reserved therein, since there was necessarily reserved that which the grantor was without power to convey or contract away. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

It would be contrary to every rule of reason to require that prior compensation be made to the surface lessees of their damages, as a condition precedent to the state’s right to enter upon these lands to explore for, drill and remove minerals, where it is known that the measure of such compensation cannot be ascertained until after the extent of such exploration and drilling operations shall have been determined, following such an entry. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Agricultural leases of sixteenth section lands did not pass any interest in the minerals, which remained in the state as trustee for the public, notwithstanding that there was no express reservation thereof in such leases, and the state has the right to enter upon such lands and remove the minerals. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Decision of the court below holding that the bill of complaint stated a good cause of action for confirming the title of a lessee from the state in the oil and gas upon sixteenth section lands, cancelling oil and gas easement contracts and leases executed by 99-year agricultural or surface lessees, and awarding injunctive relief to prevent such lessees from preventing the entry upon such lands by the lessee of the state in order to explore and develop such lands for oil and gas, should be affirmed; and that court was vested with plenary power on a final hearing under the complainants’ offer to do equity, and as a condition precedent to keeping the injunction in force, to make secure the rights of agricultural lessees and afford them an adequate remedy in equity, or at law if desired, to collect such damages as might be later sustained to their surface rights. Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Leases made under statute authorizing board of supervisors to lease sixteenth section lands for oil, gas, and mineral development confer on lessees no greater right to enter on lands than State has. Gulf Refining Co. v. Terry, 163 Miss. 869, 142 So. 457, 1932 Miss. LEXIS 98 (Miss. 1932), overruled, Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

Lessor under oil and gas lease executed by county supervisors in 1929 held not entitled to injunction restraining lessee, under lease for term of years executed by school trustees of township in 1846, from interfering with entry under oil and gas lease. Gulf Refining Co. v. Terry, 163 Miss. 869, 142 So. 457, 1932 Miss. LEXIS 98 (Miss. 1932), overruled, Pace v. State, 191 Miss. 780, 4 So. 2d 270, 1941 Miss. LEXIS 184 (Miss. 1941).

§ 29-3-103. Confirmation of leases.

Any person holding or claiming any sixteenth section school land under a lease or extension thereof made by the board of education or by their authority or direction, may proceed by bill in chancery court to have such lease or extension thereof confirmed and quieted. He shall set forth in his bill his claim for title under the lease or extension thereof which he asks to have confirmed, the date of such lease or extension, to whom made, the consideration, and the amount paid and to be paid, if any. The superintendent of education of the district in which the bill is filed and in which the land may be located shall be made a party defendant, and process shall be served on him as in other cases in chancery. Such suits shall be brought in the county in which the sixteenth section or some part thereof is located, and shall be proceeded with as in other cases in chancery, except that the bill shall not be taken as confessed; and it shall be competent for the court to hear and consider evidence aliunde the records of the board of education as to whether the lease or extension thereof sought to be confirmed was legally made and whether the complainant is entitled to relief. If it is clearly proven that the requirements of law regulating such leases or extensions thereof were complied with, the proper relief shall be granted even though the records contain no such affirmative showing. The party claiming title under such lease or extension thereof shall be entitled to the benefits of this section whether the suit be filed by him or by the school district, as required by this chapter.

The provisions of statute made by Sections 29-3-105 and 29-3-107 shall fully apply under this section.

HISTORY: Codes, 1930, § 6775; 1942, § 6616; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1950, ch. 366; Laws, 1978, ch. 525, § 39, eff from and after July 1, 1978.

Cross References —

Confirmation of title by a bill in chancery court, see §11-17-29.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Presumption that all sixteenth sections or lands taken in lieu thereof are subject to lease, see §29-3-51.

Decree of confirmation, see §29-3-105.

Illegal leases, see §29-3-107.

JUDICIAL DECISIONS

1. In general.

In a taxpayer’s action seeking an adjudication that a county board of supervisors had leased 320 acres of sixteenth section land for an inadequate consideration in violation of the constitutional prohibition against the donation of state lands, the trial court erred in sustaining defendants’ plea of res judicata as a bar to the action, notwithstanding that the statutory procedure for confirmation of the lease had been followed. The doctrine of res judicata would yield to the constitution where the earlier confirmation proceedings had not given notice to the public and where defendant had not filed an answer, thus leading to the conclusion that the board had given its passive consent to the decree confirming the lease. Bragg v. Carter, 367 So. 2d 165, 1978 Miss. LEXIS 2443 (Miss. 1978).

Taxpayers should have been admitted as parties in a suit brought to confirm title of a sixteenth section lease where they were not dilatory in filing their petition to set aside the lease, the interest of the taxpayers could not be protected by a final decree confirming title to the leasehold interest in the lands involved, and the taxpayers were not injecting new issues into the case, but were contending that the consideration paid for the lease was so inadequate as to amount to a donation. Edwards v. Harper, 321 So. 2d 301, 1975 Miss. LEXIS 1527 (Miss. 1975).

A petition filed by taxpayers in a cause brought to extend a lease on sixteenth section land, in which the taxpayers alleged that the rental provided for in the lease was so grossly inadequate as to render the lease a donation, was sufficient to withstand a general demurrer. Edwards v. Harper, 321 So. 2d 301, 1975 Miss. LEXIS 1527 (Miss. 1975).

Where sixteenth section lands, partly located in the municipality, were leased by the board of supervisors to a nonprofit corporation, and under a contract with the power company, the nonprofit corporation undertook the construction of a reservoir on the leased premises, and the power company was to use the water therein in connection with the operation of its electric generating plant, and the capitalized value of the leased land per acre upon the completion of the proposed improvements would greatly exceed the present capitalized value per acre, and there was no taking or removing of the soil from the premises, the construction of the reservoir would not constitute waste; nor did the fact that the leased lands were formerly used almost exclusively for agricultural purposes mean that it would be unlawful to construct the proposed improvements or that the land should be used for commercial or residential purposes, especially in view of the fact that there had been no development of the lands, and the chancellor’s action in refusing to enjoin the construction of the proposed improvements and in confirming the lease was proper. Dodds v. Sixteenth Section Development Corp., 232 Miss. 524, 99 So. 2d 897, 1958 Miss. LEXIS 302 (Miss. 1958).

The chancery court has no jurisdiction under this section [Code 1942, § 6616] to confirm a proposed but unexecuted mineral lease. Smith v. McCullen, 195 Miss. 34, 13 So. 2d 319, 1943 Miss. LEXIS 119 (Miss. 1943).

§ 29-3-105. Decree of confirmation.

Should the court be of the opinion that the complainant is entitled to relief, it shall decree a confirmation of the lease under which complainant claims and fix the date of its commencement and termination; and such decree shall vest in the complainant a good and perfect title to the term of the lease for the time fixed in such decree. Nothing in this or the preceding sections shall be construed as releasing any person from the payment in full of any balance that may be due on any lease under which he may claim or hold any or all of such sixteenth section school lands, but he must either pay or tender in court any balance that may be due as aforesaid before the relief prayed for shall be granted.

HISTORY: Codes, 1930, § 6776; 1942, § 6617; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Bill in chancery court to confirm and quiet lease, see §29-3-103.

Illegal leases, see §29-3-107.

JUDICIAL DECISIONS

1. In general.

In a taxpayer’s action seeking an adjudication that a county board of supervisors had leased 320 acres of sixteenth section land for an inadequate consideration in violation of the constitutional prohibition against the donation of state lands, the trial court erred in sustaining defendant’s plea of res judicata as a bar to the action, notwithstanding that the statutory procedure for confirmation of the lease had been followed. The doctrine of res judicata would yield to the constitution where the earlier confirmation proceedings had not given notice to the public and where defendant had not filed an answer, thus leading to the conclusion that the board had given its passive consent to the decree confirming the lease. Bragg v. Carter, 367 So. 2d 165, 1978 Miss. LEXIS 2443 (Miss. 1978).

Where sixteenth section lands, partly located in the municipality, were leased by the board of supervisors to a nonprofit corporation, and under a contract with the power company, the nonprofit corporation undertook the construction of a reservoir on the leased premises, and the power company was to use the water therein in connection with the operation of its electric generating plant, and the capitalized value of the leased land per acre upon the completion of the proposed improvements would greatly exceed the present capitalized value per acre, and there was no taking or removing of the soil from the premises, the construction of the reservoir would not constitute waste; nor did the fact that the leased lands were formerly used almost exclusively for agricultural purposes mean that it would be unlawful to construct the proposed improvements or that the land should be used for commercial or residential purposes, especially in view of the fact that there had been no development of the lands, and the chancellor’s action in refusing to enjoin the construction of the proposed improvements and in confirming the lease was proper. Dodds v. Sixteenth Section Development Corp., 232 Miss. 524, 99 So. 2d 897, 1958 Miss. LEXIS 302 (Miss. 1958).

§ 29-3-107. Illegal leases.

Should it appear to the court that the lease under which the complainant holds or claims title was illegally made and void, then the court may proceed to have an account stated of the amount of money, principal and interest which has actually been paid in consideration for such lease by the complainant and those under whom he may claim, and an account of the rents, issues and profits arising from said land, less the cost of any necessary, permanent, valuable, and not ornamental improvements made upon said land, and may decree any excess of money paid and interest and cost of improvements over the rent, issues, and profits to complainants. Such decree shall be a lien upon the rents, issues and profits accrued or to accrue from the particular sixteenth section involved in such suit until the same is fully paid and satisfied. Upon the rendition of such decree, the secretary of the board of education shall issue a warrant for the amount decreed to be paid to the complainant against the funds of such sixteenth section, and the same shall be paid out of the first available money to the credit of such funds. Any excess in the amount of the rents, issues and profits, after deducting the cost of improvements and amount paid by complainant, shall be decreed against him, together with a writ of possession in favor of the defendant. All court costs in suits brought shall be paid by the party or parties seeking relief under the provisions hereof.

HISTORY: Codes, 1930, § 6777; 1942, § 6618; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1978, ch. 525, § 40, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Confirmation of leases, see §29-3-103.

Decree of confirmation, see §29-3-105.

JUDICIAL DECISIONS

1. In general.

Where illegal lease made, chancery court may have an account stated and may refund to lessee money or property paid over and above rents, issues and profits of lease. Jackson County v. Worth, 127 Miss. 813, 90 So. 588, 1921 Miss. LEXIS 285 (Miss. 1921).

§ 29-3-109. Crediting of funds derived from lands.

All expendable funds derived from sixteenth section or lieu lands shall be credited to the school districts of the township in which such sixteenth section lands may be located, or to which any sixteenth section lieu lands may belong. Such funds shall not be expended except for the purpose of education of the educable children of the school district to which they belong, or as otherwise may be provided by law.

The board of education shall require additional securities from the county depository when necessary to protect such funds and, in the event of their failure so to do, they shall be liable therefor upon their official bond.

HISTORY: Codes, 1942, § 6598-02; Laws, 1958, ch. 303, § 2; Laws, 1978, ch. 525, § 41, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Expenditure of money derived from lands, see §29-3-111.

JUDICIAL DECISIONS

1. In general.

Sixteenth Section funds may be expended for the support of schools in a school district which includes a township, although none of the children living in the township attend such schools. Daniels v. Sones, 245 Miss. 461, 147 So. 2d 626, 1962 Miss. LEXIS 567 (Miss. 1962).

§ 29-3-111. Expenditure of moneys derived from lands.

All moneys heretofore or hereafter derived from the leasing of said lands for oil, gas and mineral purposes, including any bonus or delay rental payable under such leases, and all moneys derived from the annual payment of rents from the leasing of said lands for agricultural, residential, commercial, industrial, grazing or other purposes, or derived as interest upon loans or investments of principal funds, and all moneys heretofore or hereafter derived from the sale of timber, may be expended for any of the purposes authorized by law. In cases where said moneys have been transferred to the principal fund and it is determined to expend same for any of the purposes authorized by law, such moneys shall be transferred to the proper fund for expenditure upon order of the board of education.

HISTORY: Codes, 1942, § 6598-03; Laws, 1958, ch. 303, § 3; Laws, 1978, ch. 525, § 42, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see Editor’s Note following §29-3-1.

JUDICIAL DECISIONS

1. In general.

Sixteenth section funds may be expended for the support of schools in a school district which includes a township, although none of the children living in the township attend such schools. Daniels v. Sones, 245 Miss. 461, 147 So. 2d 626, 1962 Miss. LEXIS 567 (Miss. 1962).

§ 29-3-113. Investment and lending of funds.

The principal fund shall be a permanent township fund which shall consist of funds heretofore or hereafter derived from certain uses or for certain resources of school trust lands which shall be invested and, except as otherwise provided in this section, only the interest and income derived from such funds shall be expendable by the school district.

The principal fund shall consist of:

Funds received for easements and rights-of-way pursuant to Section 29-3-91;

Funds received for sales of lieu land pursuant to Sections 29-3-15 through 29-3-25;

Funds received from any permanent damage to the school trust land;

Funds received from the sale of nonrenewable resources including, but not limited to, the sale of sand, gravel, dirt, clays and royalties received from the sale of mineral ores, coal, oil and gas;

Funds received from the sale of buildings pursuant to Section 29-3-77;

Funds received from the sale of timber; and

Funds received pursuant to Section 29-3-23(2).

It shall be the duty of the board of education to keep the principal fund invested in any direct obligation issued by or guaranteed in full as to principal and interest by the United States of America or in certificates of deposit issued by a qualified depository of the State of Mississippi as approved by the State Treasurer. The certificates of deposit may bear interest at any rate per annum which may be mutually agreed upon but in no case shall said rate be less than that paid on passbook savings.

The board of education is authorized to invest the funds in interest bearing deposits or other obligations of the types described in Section 27-105-33 or in any other type investment in which any other political subdivision of the State of Mississippi may invest, except that one hundred percent (100%) of the funds are authorized to be invested. For the purposes of investment, the principal fund of each township may be combined into one or more district accounts; however, the docket book of the county superintendent shall at all times reflect the proper source of such funds. Provided that funds received from the sale of timber shall be placed in a separate principal fund account, and may be expended for any of the purposes authorized by law.

The board of education shall have authority to borrow such funds at a rate of interest not less than four percent (4%) per annum and for a term not exceeding twenty (20) years, for the erection, equipment or repair of said district schools, to provide local funds for any building project approved by the State Board of Education or to provide additional funds for forest stand improvement as set forth in Section 29-3-47. In addition, the board may borrow the funds under the same interest restrictions for a term not exceeding ten (10) years to provide funds for the purchase of school buses. The board of education of any school district in any county that has an aggregate amount of assets in its principal fund in excess of Five Million Dollars ($5,000,000.00), may deduct an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) for the purpose of covering the cost of asbestos removal from school district buildings. Such asbestos removal shall be construed to constitute the repair of school district facilities as prescribed in Section 29-3-115.

No school land trust funds may be expended after the annual payment date until the payment is made on such loan. The annual payment can be made from any funds available to the school district except minimum foundation program funds.

It shall be unlawful for the board of education to borrow any sixteenth section school funds in any other manner than that prescribed herein, and if any such funds shall be borrowed or invested in any other manner, any officer concerned in making such loan and investment or suffering the same to be made in violation of the provisions of this section, shall be liable personally and on his official bond for the safety of the funds so loaned.

HISTORY: Codes, 1930, § 6764; 1942, § 6602; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1934, ch. 270; Laws, 1938, ch. 239; Laws, 1940, ch. 187; Laws, 1942, ch. 158; Laws, 1954, ch. 278; Laws, 1960, ch. 309; Laws, 1972, ch. 449, § 1; Laws, 1978, ch. 525, § 43; Laws, 1988, ch. 332; Laws, 1990, ch. 562, § 1; Laws, 1997, ch. 402, § 1; Laws, 1999, ch. 369, § 2; Laws, 2003, ch. 435, § 1, eff from and after July 1, 2003.

Editor’s Notes —

Laws of 1990, Chapter 589, § 54, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declare that sufficient funds were dedicated and made available for the implementation of Chapter 589. Funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the amendatory provisions have not been printed in this volume. Text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Amendment Notes —

The 2003 amendment rewrote the first sentence in the second paragraph of (g) and made nonsubstantive changes.

Cross References —

County bonds and notes, see §§19-9-1 et seq.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Proceeds of sale of lieu lands, see §29-3-23.

Power of board of supervisors to expend funds as provided in §29-3-23(2), see §19-3-41(6).

Proceeds from rentals, royalties, or other revenue payable under leases, see §29-3-59.

Investment of surplus funds from the issuance of bonds, notes, and certificates of indebtedness in the same manner as provided for the investment of sixteenth section principal funds, see §37-59-43.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former law.

1.-5. [Reserved for future use.]

6. Under former law.

Loan by board of supervisors of sixteenth section township funds to individual executing trust deed held not invalid for failure to observe proceedings required in statute. Gully v. McClellan, 170 Miss. 405, 153 So. 524, 1934 Miss. LEXIS 91 (Miss. 1934).

Under such statute board of supervisors might extend loan of sixteenth section township funds where security was adequate, since object of funds was to produce revenue for schools. Gully v. McClellan, 170 Miss. 405, 153 So. 524, 1934 Miss. LEXIS 91 (Miss. 1934).

County supervisors, in making loan of sixteenth section township funds, were required to exercise discretion, and there was no personal liability merely because statutory directions were not followed in making loan. Gully v. McClellan, 170 Miss. 405, 153 So. 524, 1934 Miss. LEXIS 91 (Miss. 1934).

County supervisors, not following statutory directions in making loan of sixteenth section township funds, would only be personally liable on official bonds if it developed that security was insufficient to bring amount of loan with interest. Gully v. McClellan, 170 Miss. 405, 153 So. 524, 1934 Miss. LEXIS 91 (Miss. 1934).

County board of supervisors not making loan of sixteenth section township funds would not be liable for failure to collect funds loaned by predecessors in view of statute providing for collection by superintendent of education. Gully v. McClellan, 170 Miss. 405, 153 So. 524, 1934 Miss. LEXIS 91 (Miss. 1934).

Statute respecting loan by county supervisors of sixteenth section township funds imposed its own liability for violating statute, and statute regarding supervisors’ bonds does not apply where supervisors did not comply with statutory directions. Gully v. McClellan, 170 Miss. 405, 153 So. 524, 1934 Miss. LEXIS 91 (Miss. 1934).

OPINIONS OF THE ATTORNEY GENERAL

Sixteenth section funds may not be invested in mutual funds since shares in such are not direct obligations of United States and are not guaranteed in full by United States as required by Miss. Code Ann. Section 29-3-113. Montgomery, Nov. 25, 1992, A.G. Op. #92-0851.

Sixteenth Section principal fund monies cannot be used to acquire two parcels of land for school purposes to enlarge a campus of a new school under construction except in the form of a loan subject to the requirements found in Section 29-3-113. See also Section 29-3-27. Brown, April 30, 1996, A.G. Op. #96-0196.

Based on the language of Sections 29-3-113 and 29-3-27, the County Board of Education may use interest and income derived from the proceeds of the sale of the sixteenth section land to the County Board of Supervisors toward the purchase of a 400-acre tract. The school board may not use money from the principal fund to purchase the 400 acres. Clifton, October 29, 1996, A.G. Op. #96-0685.

A school board can choose to exercise its authority to invest school funds, including sixteenth section principal funds, by establishing a district investment plan and authorizing a particular school official to implement the plan by carrying out purchases and sales of securities and other investments authorized by Sections 29-3-113 and 37-59-43; the school board members would still be responsible for the safety of such funds and would not esape liability for their loss in the event they were lost through unlawful or negligent act of the designated school official. Turner, August 28, 1998, A.G. Op. #98-0475.

A school district may purchase such securities and obligations as allowed by state law through brokers, who may charge an agreed fee for their services, provided the fee is found by the school board to be reasonable and commensurate with those services; there is no authority for a school district to pay more than the market value of securities by means of a mark up by a dealer. Turner, August 28, 1998, A.G. Op. #98-0475.

Where revenue is shared with another school district from a section that is in a township containing more than one school district, any funds received from a shared section must be divided between the school districts based on the annual lists of school children. Cheney, May 16, 2003, A.G. Op. 03-0163.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 96 et seq.

CJS.

73A C.J.S., Public Lands §§ 160-162.

§ 29-3-115. Use of expendable funds.

The expendable funds derived from sixteenth section or lieu lands may be expended for the building and repair of schoolhouses, teachers’ homes, and other school facilities, the purchase of furniture, school vehicles and equipment for same, the payment of teachers’ salaries, and for all other purposes in operating and maintaining the schools of the district to which such funds belong for which other available school funds may be expended. Such funds may also be expended for clearing, draining, reforesting and otherwise improving any sixteenth section lands of township to which any such available funds may belong. Such funds may also be expended for the purpose of paying any drainage district taxes, costs, expenses, and assessments for which the sixteenth section may be liable, and in such case the same shall be paid by the board of education out of any funds which would otherwise be paid over to the school district entitled thereto under the provisions of Sections 29-3-115 through 29-3-123. Such funds may also be expended to pay all reasonable and necessary attorneys’ fees incurred to clear the title on any sixteenth section lieu lands located outside the county.

HISTORY: Codes, 1942, § 6606-01; Laws, 1954, ch. 258, § 1; Laws, 1978, ch. 525, § 44; Laws, 1983, ch. 347, eff from and after passage (approved March 15, 1983).

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Expenditures for asbestos removal from school facilities, see §29-3-113.

Revenues to be paid into maintenance or building fund, see §29-3-117.

Division of funds among school districts, see §29-3-119.

Preparation of lists of educable children required before payment of funds as provided in this section, see §29-3-123.

JUDICIAL DECISIONS

1. In general.

Sixteenth Section funds may be expended for the support of schools in a school district which includes a township, although none of the children living in the township attend such schools. Daniels v. Sones, 245 Miss. 461, 147 So. 2d 626, 1962 Miss. LEXIS 567 (Miss. 1962).

OPINIONS OF THE ATTORNEY GENERAL

In connection with the lease by a school district of agricultural land to a developer under a residential development lease contract, the district may not pledge a portion of its sixteenth section revenues from long-term residential leases which it hopes to be receiving to a “lake maintenance fund” because, once the lake has been leased, it is the lessee’s responsibility to maintain it. Chaney, Nov. 25, 2002, A.G. Op. #02-0629.

§ 29-3-117. Revenues to be paid into maintenance or building fund.

All expendable sixteenth section revenues to which a school district shall become entitled, as provided in Sections 29-3-115 through 29-3-123 from annual rents, interest and other sources shall be paid into the maintenance or building fund of the school district entitled thereto on order of the board of education.

HISTORY: Codes, 1942, § 6606-05; Laws, 1954, ch. 258, § 5; Laws, 1978, ch. 525, § 45, eff from and after July 1, 1978.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Use of expendable funds, see §29-3-115.

Division of funds among school districts, see §29-3-119.

Preparation of lists of educable children required before payment of expendable revenues as provided in this section, see §29-3-123.

§ 29-3-119. Division of funds among school districts.

  1. Where there is only one (1) school district in the township to which the available funds belong, such school district shall be entitled to the whole of such funds, and the funds shall be handled in the manner set forth in this section.
  2. In cases where a township having available funds is occupied by two (2) or more school districts or parts of school districts, the available funds of the township shall be divided between the districts lying wholly or partly within such township in proportion to the number of children residing in that portion of each district which lies within such township and who are enrolled in the schools of that district, as compared to the total number of children residing in such township and enrolled in the schools of all districts lying wholly or partly in that township. For such purpose, annual lists shall be made of all children who reside in the township and who are enrolled in the schools of each district lying wholly or partly in that township, which lists shall be made in accordance with Section 29-3-121. Municipal separate school districts shall be entitled to their pro rata part of such funds in the same manner as other school districts.
  3. Where there is no child residing in a township in which funds are available for distribution and where one or more school districts embrace all or part of any such township, such funds shall be distributed in the following manner:
    1. Where any such township is located wholly within one (1) school district, the available township funds shall be distributed to that school district.
    2. Where any such township having such funds available for distribution is located either in whole or in part in two (2) or more school districts, such available funds shall be distributed to the two (2) or more school districts in proportion to the number of children residing in that part of the two (2) or more school districts which is common or coextensive to each of the school districts, distribution being made on the basis of the enrollment of the school children in their respective school districts.
  4. The school district having jurisdiction and control of the sixteenth section or lieu lands in the township (the “custodial school district”) shall pay to each other school district lying wholly or partly in the township which is entitled to a part of the township funds the district’s pro rata share of the available township funds, as determined from the lists of children prepared pursuant to Section 29-3-121, promptly after collecting such funds. The custodial school district shall make its books and records pertaining to the income and funds of any shared township available for inspection and copying to all other school districts sharing in the income from the township upon reasonable notice of such request. Any district entitled to such funds which is not paid promptly may assert a claim against the custodial school district for its share of the funds not later than twelve (12) months from the end of the calendar year in which the custodial school district collected such funds.

HISTORY: Codes, 1942, § 6606-02; Laws, 1954, ch. 258, § 2; Laws, 1955 Ex Sess, ch. 49, § 1; Laws, 1999, ch. 517, § 1, eff from and after July 1, 1999.

Cross References —

Annual lists of children enrolled in school district, see §29-3-121.

Preparation of annual listing of children residing in districts required before township funds can be expended by custodial school district or paid over to school districts as provided in §§29-3-115 through29-3-123, see §29-3-123.

OPINIONS OF THE ATTORNEY GENERAL

If the proper lists are not presented, then sixteenth section funds cannot be disbursed to the Bay/Waveland School District by the Hancock County School District pursuant to the statutory scheme; in such case the funds could only be distributed between the school districts pursuant to the order of a court of competent jurisdiction in an actual case in controversy between the two school districts. Wyly, July 2, 1999, A.G. Op. #99-0317.

A county school district may not include transfer students in its list prepared pursuant to Section 29-3-121 since transfer students do not meet both the residence and enrollment criteria. Smith, Feb. 18, 2000, A.G. Op. #2000-0035.

Where revenue is shared with another school district from a section that is in a township containing more than one school district, any funds received from a shared section must be divided between the school districts based on the annual lists of school children. Cheney, May 16, 2003, A.G. Op. 03-0163.

§ 29-3-121. Superintendent of school district to make lists; recount; costs of recount.

It shall be the duty of the superintendent of each school district to make or cause to be made annual lists of the children enrolled in the schools of such district and who reside in such district, which lists shall be based upon the end of the first month enrollment required to be reported to the State Department of Education for the then current school year. The lists shall be made separately as to the townships in which such children reside. Such lists shall be filed with the superintendent of the custodial school district on or before December 31 of each year, and the lists shall be used in making the division of the available funds of each township during the ensuing calendar year, as provided by Section 29-3-119. The superintendent of the custodial school district shall make such lists available, upon request, to each school district sharing in the revenues of the township. Any school district failing to timely provide the list to the superintendent of the custodial school district shall forfeit its right to such funds unless the school board of the custodial school district and the school board of the other district or districts entitled to such funds have executed a written agreement providing for the distribution of such funds in a manner agreed upon by the school districts. All such lists shall be retained and preserved by the superintendent of the custodial school district as a public record. Such lists shall not be made, however, as to any township which is wholly within one (1) school district. If any superintendent of a school district participating in the division of such funds shall challenge in writing the accuracy of any such list, the Office of the State Auditor, upon receipt of such challenge, may, in its discretion, order and arrange for and supervise a recount of the children enrolled in the schools of such district and who reside in such district. All costs incurred in conducting the recount shall be borne by the challenging district and the district in which the recount is conducted on a pro rata basis, as determined from the results of the recount. Such costs may be paid from the school district’s share of the available township funds. Such recount, when obtained, shall supersede the original list for the purposes of Sections 29-3-115 through 29-3-123.

HISTORY: Codes, 1942, § 6606-03; Laws, 1954, ch. 258, § 3; Laws, 1999, ch. 517, § 2, eff from and after July 1, 1999.

Cross References —

Lists made in accordance with this section to be used in determining division of funds among school districts, see §29-3-119.

OPINIONS OF THE ATTORNEY GENERAL

If the proper lists are not presented, then sixteenth section funds cannot be disbursed to the Bay/Waveland School District by the Hancock County School District pursuant to the statutory scheme; in such case the funds could only be distributed between the school districts pursuant to the order of a court of competent jurisdiction in an actual case in controversy between the two school districts. Wyly, July 2, 1999, A.G. Op. #99-0317.

A county school district may not include transfer students in its list prepared pursuant to Section 29-3-121 since transfer students do not meet both the residence and enrollment criteria. Smith, Feb. 18, 2000, A.G. Op. #2000-0035.

Where revenue is shared with another school district from a section that is in a township containing more than one school district, any funds received from a shared section must be divided between the school districts based on the annual lists of school children. Cheney, May 16, 2003, A.G. Op. 03-0163.

§ 29-3-123. Lists of educable children required before payment of funds.

It shall be unlawful for any township funds to be expended by the custodial school district or paid over to school districts as provided in Sections 29-3-115 through 29-3-123, where there are two (2) or more school districts or parts of school districts in the township until lists of the children residing in each district or part of district within such township who are enrolled in the schools thereof have been made as required under Section 29-3-121. Such lists shall be made annually before any payment of the expendable sixteenth section revenues shall be made to school districts as provided in Sections 29-3-115 through 29-3-123. Any member of a local school board or any superintendent of a school district who shall order the payment of such funds or who shall issue a pay certificate therefor in violation of the provisions of this section shall be liable upon his bond for the amount so paid.

Nothing in Sections 29-3-115 through 29-3-123 shall repeal or restrict the expenditure of funds by the Board of Supervisors of Claiborne County under Chapters 661, 662 and 663, Laws of 1950; or the expenditure by the Board of Supervisors of Adams County of any funds under Chapter 615, Laws of 1950.

HISTORY: Codes, 1942, § 6606-06; Laws, 1954, ch. 258, § 6; Laws, 1955 Ex Sess, ch. 49, § 2; Laws, 1999, ch. 517, § 3, eff from and after July 1, 1999.

Cross References —

Making of annual lists of children enrolled in school district, see §29-3-121.

OPINIONS OF THE ATTORNEY GENERAL

If the proper lists are not presented, then sixteenth section funds cannot be disbursed to the Bay/Waveland School District by the Hancock County School District pursuant to the statutory scheme; in such case the funds could only be distributed between the school districts pursuant to the order of a court of competent jurisdiction in an actual case in controversy between the two school districts. Wyly, July 2, 1999, A.G. Op. #99-0317.

Where revenue is shared with another school district from a section that is in a township containing more than one school district, any funds received from a shared section must be divided between the school districts based on the annual lists of school children. Cheney, May 16, 2003, A.G. Op. 03-0163.

§ 29-3-125. Repealed.

Repealed by Laws, 1978, ch. 525, § 55, eff from and after July 1, 1978.

§29-3-125. [Codes, 1942, § 6626; Laws, 1934, ch. 271]

Editor’s Notes —

Former §29-3-125 pertained to uninhabited townships.

§ 29-3-127. Inter-county townships.

Where a township is divided so that parts are situated in different counties, the county in which the sixteenth section or lands in lieu thereof may be situated shall have jurisdiction thereof and of the funds derived from it; and if the section or land in lieu thereof be in several counties, each county has jurisdiction of the part lying in it, or the counties may co-operate in the management thereof. In any case the fund shall be accounted for with each county according to the number of educable children in the part of the township in it as compared with the whole number in the township. Any county now having and hereafter receiving and collecting funds belonging to another county shall immediately thereafter pay over such funds, transfer and sign all notes, deeds of trust, and security for funds loaned out, to the depository of the county entitled thereto.

HISTORY: Codes, 1930, § 6774; 1942, § 6614; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

OPINIONS OF THE ATTORNEY GENERAL

School boards do have to account for past funds received and pay those funds to the other board in accordance with the last sentence of Section 29-3-127; however, see the statute of limitations provided in Section 29-3-119(4) regarding the allocation of funds among districts. Riley, Nov. 18, 2005, A.G. Op. 05-0545.

§ 29-3-129. Division of damages to land in two school districts.

Where sixteenth section or lieu land allotted the township in lieu of a sixteenth section shall lie in two (2) or more school districts and trespass shall have been committed on said sixteenth section or lieu land, and suit shall have been filed and money collected because of said trespass or for any cause, it shall be the duty of the board of education where the money shall have been collected and deposited to the credit of the said district, unless the decree or order of the court provides otherwise, to divide said money so collected so that each county shall receive its share in proportion to the area in said sixteenth section lying in or allotted to each county; and the money, when so paid over to the respective district or districts, shall be placed to the credit of said township fund, to be invested and the interest therefrom to be used as now provided by law. This method of division provided herein shall apply to moneys collected and paid into any district treasury.

HISTORY: Codes, 1942, § 6615; Laws, 1932, ch. 326; Laws, 1978, ch. 525, § 46, eff from and after July 1, 1978.

Cross References —

Damages for trespass to public lands, see §29-1-19.

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

Posting of leased land against trespassers, see §29-3-54.

Trespass generally, see §95-5-27.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 109 et seq.

CJS.

73A C.J.S., Public Lands §§ 5-11.

§ 29-3-131. Expenses incurred.

The expenses incurred by the board of education for the performance of their duties under the provisions of this chapter shall be paid out of proper sixteenth section funds.

The boards of education are also authorized to expend reasonable sums from the school land trust expendable funds, for school land management assistance when the needed assistance is not available from the Secretary of State or other public agencies within the state.

HISTORY: Codes, 1930, § 6783; 1942, § 6624; Laws, 1926, ch. 324; Laws, 1930, ch. 278; Laws, 1978, ch. 525, § 47; Laws, 1988, ch. 518, § 20, eff from and after July 1, 1988.

Cross References —

Definitions of “board of education” and “superintendent of education,” see §29-3-1.1.

JUDICIAL DECISIONS

1. In general.

Under former statute county might sue for waste committed in cutting timber from 16th section. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611, 1909 Miss. LEXIS 375 (Miss. 1909), limited, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

Provisions of Code concerning 16th sections do not constitute a prohibited delegation of power. Jefferson Davis County v. James-Sumrall Lumber Co., 94 Miss. 530, 49 So. 611, 1909 Miss. LEXIS 375 (Miss. 1909), limited, Bd. of Educ. v. Warner, 853 So. 2d 1159, 2003 Miss. LEXIS 311 (Miss. 2003).

§ 29-3-132. Effect of chapter on power of other entities to make zoning and land use laws, ordinances or regulations.

Nothing in this chapter shall be construed to supersede or modify any power or authority of a county, municipality, or combination thereof, or any zoning or planning board or agency, or similar public authority, to adopt and enforce zoning or land use laws, ordinances or regulations.

HISTORY: Laws, 1978, ch. 525, § 52, eff from and after July 1, 1978.

Cross References —

Zoning, planning and subdivision regulation by local governments, see §§17-1-1 et seq.

RESEARCH REFERENCES

ALR.

Applicability of zoning regulations to governmental projects or activities. 53 A.L.R.5th 1.

§ 29-3-133. Construction of roads or streets upon lands in certain counties; authorization.

The board of supervisors of any county within the state having a population of more than two hundred thousand (200,000) according to the latest federal census, upon receipt of a resolution adopted by the county board of education of any such county requesting it so to do, is authorized and empowered to construct roads or streets upon any sixteenth section lands lying within the boundaries of any municipality in such county having a population of more than one hundred fifty thousand (150,000) according to the latest federal census.

HISTORY: Laws, 1974, ch. 370, § 1, eff from and after passage (approved March 18, 1974).

Cross References —

Payment of cost of construction of roads or streets, see §29-3-135.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 62, 69.

CJS.

39A C.J.S., Highways § 38.

40 C.J.S., Highways §§ 179, 180 et seq.

§ 29-3-135. Construction of roads or streets upon lands in certain counties; payment of cost.

The cost of the construction of any roads or streets performed under the terms of Section 29-3-133 shall be paid upon the order of the board of supervisors of any such county by the county board of education of such county out of any funds which would otherwise be paid over to the school district entitled to the revenues from the sixteenth section land upon which any such construction is done.

HISTORY: Laws, 1974, ch. 370, § 2, eff from and after passage (approved March 18, 1974).

§ 29-3-137. Disbursement of funds to Chickasaw counties; powers and duties of State Department of Education; issuance of promissory notes by school districts in Chickasaw counties to purchase school buses.

  1. Beginning with the 1985-1986 fiscal year the Legislature of the State of Mississippi shall appropriate to the State Department of Education a sum of One Million Dollars ($1,000,000.00) to be disbursed to the Chickasaw counties, and an additional One Million Dollars ($1,000,000.00) each succeeding fiscal year thereafter until a maximum appropriation of Five Million Dollars ($5,000,000.00) is made for the fiscal year 1989-1990. Beginning with the appropriation for the 1990-1991 fiscal year, the amount appropriated under the provisions of this section shall not exceed the total average annual expendable revenue per teacher unit received by the Choctaw counties from school lands, or Five Million Dollars ($5,000,000.00), whichever is the lesser.
  2. The State Department of Education is hereby authorized, empowered and directed to allocate for distribution such funds appropriated each year under subsection (1) of this section in proportion to the number of teacher units allotted under the minimum program, to such school districts affected by the sale of Chickasaw cession school lands. School districts not wholly situated in Chickasaw cession affected territory shall receive a prorated amount of such allocation based on the percentage of such lands located within the district. Provided further, that the State Department of Education shall in addition deduct from each affected school district’s allocation the amount such district shall receive from interest payments from the Chickasaw School Fund under Section 212, Mississippi Constitution of 1890 for each fiscal year. The total number of teacher units in the Chickasaw counties shall be computed by the State Department of Education. The department shall document the foregoing computation in its annual budget request for the appropriation to the Chickasaw School Fund, and shall revise its budget request under such formula as the average annual revenues from sixteenth section school lands fluctuate.
  3. [Repealed]

HISTORY: Laws, 1985, ch. 23, § 1; Laws, 1988, ch. 432, eff from and after passage (approved April 25, 1988).

Editor’s Notes —

Former subsection (3), which authorized the school board of any school district within the Chickasaw cession territory to issue certain promissory notes, and prescribed the use of, interest on and date the principal of and interest on the notes was to become due, was repealed by its own terms, effective June 30, 1991.

JUDICIAL DECISIONS

1. In general.

Claim that sale of Chickasaw Cession School Lands and unwise investment of proceeds had abrogated state’s trust obligation to hold those lands for benefit of school children in perpetuity are barred by Eleventh Amendment, however, allegation that state’s unequal distribution of benefits of school lands is denial of equal protection is not so barred, as essence of equal protection claim is present disparity in distribution of benefits of state held assets and not state’s past actions, and alleged differential treatment violates equal protection only if not rationally related to legitimate state interest; differential financing resulting from disparity and distribution of benefits of state held assets is attributable to state decision to divide state resources unequally among school districts, and if not rationally related to legitimate state interests is unconstitutional and resolution of this question is dependent upon whether federal law requires state to allocate economic benefits of school lands to schools and townships in which those lands are located and whether such federal law is itself constitutional. Papasan v. Allain, 478 U.S. 265, 106 S. Ct. 2932, 92 L. Ed. 2d 209, 1986 U.S. LEXIS 127 (U.S. 1986).

§ 29-3-139. Disbursement of funds under Section 29-3-137 as affecting sums paid under Section 212 of Mississippi Constitution.

In no event shall any sums to be paid to the Chickasaw counties on schools therein pursuant to Section 212, Mississippi Constitution of 1890, be reduced by operation of this to an amount below that required by Section 212. It is the intent of the Legislature to increase the annual appropriation to the Chickasaw counties in order to equitably compensate them for each acre of sixteenth section land which they have lost through sale by the state.

HISTORY: Laws, 1985, ch. 23, § 2, eff from and after July 1, 1985.

Cross References —

Constitutional provisions regarding Chickasaw School Fund and other educational trust funds, see Miss. Const. Art. 8, § 212.

JUDICIAL DECISIONS

1. In general.

Claim that sale of Chickasaw Cession School Lands and unwise investment of proceeds had abrogated state’s trust obligation to hold those lands for benefit of school children in perpetuity are barred by Eleventh Amendment, however, allegation that state’s unequal distribution of benefits of school lands is denial of equal protection is not so barred, as essence of equal protection claim is present disparity in distribution of benefits of state held assets and not state’s past actions, and alleged differential treatment violates equal protection only if not rationally related to legitimate state interest; differential financing resulting from disparity and distribution of benefits of state held assets is attributable to state decision to divide state resources unequally among school districts, and if not rationally related to legitimate state interests is unconstitutional and resolution of this question is dependent upon whether federal law requires state to allocate economic benefits of school lands to schools and townships in which those lands are located and whether such federal law is itself constitutional. Papasan v. Allain, 478 U.S. 265, 106 S. Ct. 2932, 92 L. Ed. 2d 209, 1986 U.S. LEXIS 127 (U.S. 1986).

§ 29-3-141. County board of education to ascertain whether county has title to Chickasaw lands; lease of lands.

Notwithstanding the provisions of Section 29-1-63, it shall be the duty of the county board of education in any county within the Chickasaw cession to ascertain whether or not such county has title to any Chickasaw lands to which it may, by law, be entitled by virtue of long-term leases. If it is determined that any such land does exist, the board shall proceed to settle the title to such property and, if possible, lease the land pursuant to the provisions of Chapter 3, Title 29, Mississippi Code of 1972, applicable to the management of sixteenth section and lieu lands.

HISTORY: Laws, 1985, ch. 23, § 3, eff from and after July 1, 1985.

Sixteenth Section Development Authorities

§ 29-3-151. Declaration of purpose.

The purpose of Sections 29-3-151 through 29-3-183 is to authorize the improvement, development, management and maintenance of sixteenth section lands, or lands granted in lieu thereof, within any county in Mississippi with a population in excess of two hundred thousand (200,000) at the time of the 1970 census, in order that such lands may be made suitable for leasing for commercial, industrial, and/or recreational use, including the authority necessary to finance the improvement and development thereof and to manage, maintain and lease said lands in order to derive the maximum public benefit and to earn maximum income from the lands for the public schools receiving the income. No lease shall be for a term in excess of twenty-five (25) years.

HISTORY: Laws, 1973, ch. 498, § 1; Laws, 1978, ch. 467, § 1, eff from and after July 1, 1978.

§ 29-3-153. Definitions.

Whenever used in Sections 29-3-151 through 29-3-183, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective definitions:

“Trustees” shall refer to the board of trustees of the sixteenth section development authority.

“Authority” shall refer to the sixteenth section development authority.

“Project” shall refer to the area served by and to the facilities for use by commerce and related activity, such as water supply, storage and distribution; sewage and waste collection, transport, treatment and disposal; waste and refuse collection and disposal; gas, fuel and power supply and distribution; railroad construction, operation and maintenance; fire prevention, protection and extinguishing; storm drainage, collection and disposal; site preparation and development of commercially oriented sixteenth section lands, or lands granted in lieu thereof, and to the sixteenth section, or lands granted in lieu thereof, authorized to be developed by Sections 29-3-151 through 29-3-183.

“Development” shall mean the planning, surveying, platting, financing, improving and/or otherwise making sixteenth section lands, or lands granted in lieu thereof, suitable for commercial, industrial, and/or recreational use.

“Sealed bid procedure” shall refer to the procedure designated under Section 31-19-25, as supplemented by appropriate sections of Sections 29-3-151 through 29-3-183.

HISTORY: Laws, 1973, ch. 498, § 2; ch. 467, § 2, eff from and after July 1, 1978.

§ 29-3-155. Creation of sixteenth section development authority; acquisition of easements; interim financing.

The board of supervisors of any county with a population of two hundred thousand (200,000) or more shall have the authority to create, by appropriate order spread on its minutes and approved by vote of at least three-fifths (3/5) of its members, a sixteenth section development authority for the purpose of developing all or any part of a sixteenth section, or lands granted in lieu thereof, controlled by the board; provided, however, that said authority shall not be created by said board unless and until the county school board and, in the event the sixteenth section or lands granted in lieu thereof is located within a municipal separate school district, the trustees of the municipal separate school district submit to the board a resolution, properly adopted, requesting the creation of said authority and designating the sixteenth section, or lands granted in lieu thereof, to be developed and leased. The order shall designate the sixteenth section, or lands granted in lieu thereof, to be developed in whole or in part by the authority; provided, however, that the order shall designate only one sixteenth section, or one section of land granted in lieu thereof, to be developed in whole or in part by the authority.

The board of supervisors of the county may acquire by condemnation any necessary easements for traffic thoroughfares or utility rights-of-way upon specific recommendation and request by the trustees, but for no other purpose shall the right of condemnation be allowed. Any condemnation award shall be paid from the funds of the authority.

The county school board and, in the event the sixteenth section or lands granted in lieu thereof is located within a municipal separate school district, the trustees of the municipal separate school district are specifically authorized to lend to the authority such funds for interim financing of development as may be available to the said board and trustees and deemed desirable. In the event that any such loan is made by the county school board and the trustees of the municipal separate school district, the participation of each in such loan shall be determined by the percentage of revenue from the sixteenth section, or lands granted in lieu thereof, to be developed by the authority which each received in the most prior year of receipt.

HISTORY: Laws, 1973, ch. 498, § 3, eff from and after passage (approved April 16, 1973).

§ 29-3-157. Selection of trustees of authority; vacancies; qualifications; compensation.

All powers of the authority shall be exercised by a board of trustees to be selected and composed as follows:

There shall be five (5) members of the board of trustees. One (1) member shall be appointed by the board of supervisors to serve one (1) year and four (4) members shall be appointed by the county board of education, one (1) of whom shall serve two (2) years, one (1) of whom shall serve three (3) years, one (1) of whom shall serve four (4) years, and one (1) of whom shall serve five (5) years after June 30, 1973; provided, however, that in the event any part of the sixteenth section, or lands granted in lieu thereof, to be developed by the authority is located within the corporate limits of any municipal separate school district, then the aforesaid two (2) members of the authority serving an initial term of three (3) and five (5) years shall be appointed by the trustees of the municipal separate school district. The terms of office of the respective members shall expire June 30 of each year, and after their initial term, each member shall be appointed to a term of five (5) years or until his successor has been appointed and has accepted. The superintendent of the Hinds County School Board shall be an ex officio member of the board and shall act as chairman thereof. The member of the authority serving the initial five-year term shall be the secretary of the board of trustees. In the event a vacancy occurs, the appointment or the unexpired term shall be made in the same manner as provided for the original appointment.

Members of the board of trustees of the authority may succeed themselves upon reappointment by a two-thirds (2/3) vote of the appointing authority.

No member shall be appointed as a trustee who is not a qualified elector and bona fide resident of the county.

Each member of the board of trustees shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before the chancery clerk of the county in which the authority is created that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.

Each trustee not being paid for the day of the meeting by a political subdivision of the state shall receive not more than Twenty-two dollars and Fifty Cents ($22.50) per diem while actually performing the business of the authority and Ten Cents (10¢) per mile for distance traveled while actually on the business of the authority. Provided, however, that the compensation herein authorized shall apply for not more than fourteen (14) days per member during any calendar year.

HISTORY: Laws, 1973, ch. 498, § 4, eff from and after passage (approved April 16, 1973).

§ 29-3-159. General powers of authority.

The authority, through its trustees, is hereby empowered:

To develop land or any interest in land or property under its jurisdiction.

To acquire, construct, improve, reconstruct, cause to be constructed, extend, expand, maintain, use and operate all facilities of any kind necessary or convenient for the purpose for which the authority was created, including, but not limited to, drainageways, ditches, storm sewers, sanitary sewers, streets, sidewalks, water mains, fire protection systems, gas, power and light systems, trash, waste and garbage disposal facilities, and such other utilities and services as required in the furtherance of the purposes of Sections 29-3-151 through 29-3-183. Provided, however, the right to acquire, construct, improve, reconstruct, cause to be constructed, extend, expand, maintain, use and operate all facilities or utilities of all kinds shall not apply in any case where an existing utility is furnishing a similar service, unless and until the public service commission has determined, after hearing, that the service being furnished by such existing utility is not reasonably adequate.

To lease such property or interest in property and under such terms and conditions at such time as the benefit has been accomplished and/or the improvements completed; provided, however, that no property shall be leased for less than the fair rental value thereof as determined by a real estate board appraiser; provided further, that the authority may lease such property for recreational purposes to any of the governmental entities authorized by Section 29-3-173, under such terms and conditions as may be agreed upon by the trustees.

To sue and be sued in its corporate name.

To adopt, use and alter a corporate seal.

To make bylaws for the management and regulation of its affairs.

To make or cause to be made or to cooperate in making engineering surveys, feasibility studies and cost-benefit estimates relating to the providing of any services within the development.

To apply for, and accept, government grants and loans, whether federal, state or local, when such are available; to borrow from other federal, state and municipal agencies and from private persons or groups, including corporations; and to expend or utilize such funds so obtained in the furtherance of the objectives of Sections 29-3-151 through 29-3-183.

To maintain, use and operate any and all property of any kind, real, personal or mixed, or any interest therein, within the boundaries of the development and necessary for the purposes of Sections 29-3-151 through 29-3-183.

To make contracts and to execute instruments necessary to the exercise of the powers, rights, privileges and functions conferred upon the authority by Sections 29-3-151 through 29-3-183.

To employ planners, engineers, attorneys, fiscal advisors, appraisers and all other agents and employees necessary to the exercising of the powers, rights, privileges or functions conferred upon the authority by Sections 29-3-151 through 29-3-183, and to properly finance, construct, operate and maintain the project and the services it renders and to pay reasonable compensation for such services. The trustees shall have the right to employ a general manager who shall, at the discretion of the trustees, have the power to employ and discharge employees.

To make such contracts in the issuance of bonds as may be necessary to insure the marketability thereof.

To fix and collect charges and rates for any services, facilities or commodities furnished by it in connection with said project and to impose penalties for failure to pay such charges and rates when due.

Subject to the provisions of Sections 29-3-151 through 29-3-183, from time to time, to lease any property of any kind, real, personal or mixed, or any interest therein, within the project area or acquired outside the project area as authorized by said sections for the purpose of furthering the business of the authority.

HISTORY: Laws, 1973, ch. 498, § 5; Laws, 1978, ch. 467, § 3, eff from and after July 1, 1978.

RESEARCH REFERENCES

ALR.

Wrongful discharge based on public policy derived from professional ethics codes. 52 A.L.R.5th 405.

§ 29-3-161. Issuance of bonds authorized.

The board of trustees of the authority is hereby authorized and empowered to issue bonds of the authority 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, legal, and other expenses incidental to and necessary for the foregoing, or for the carrying out of any power conferred by Sections 29-3-151 through 29-3-183. Said board of trustees is authorized and empowered to issue such bonds at such times and in such amounts as shall be provided for by resolution of the said board of trustees.

Provided, however, the bonds herein authorized shall not be issued until the board shall have published notice of its intention to issue same; said notice to be published once each week for three (3) consecutive weeks in some newspaper in the county, but not less than twenty-one (21) days nor more than sixty (60) days intervening between the time of the first notice and the meeting at which said board proposes to issue such bonds. If, within the time of giving notice, not less than fifteen hundred (1500) of the qualified electors of the county shall file a written petition with the board of trustees of the authority protesting the issuance of the bonds, the board of supervisors shall call an election on the question of issuing the bonds. Such election shall be held and conducted by the election commissioners of the county as nearly as may be in conformity with the provisions of Sections 19-9-13 through 19-9-17, Mississippi Code of 1972, governing bond elections, in which election all qualified electors of the county may vote.

All such bonds so issued by said authority shall be secured solely by pledge of the net revenues which may now or hereafter come to the authority and by pledge of the rental income from the sixteenth section, or lands granted in lieu thereof, to be developed by the authority which may now or hereafter come to the county school board and/or the trustees of the municipal separate school district. Such bonds shall not constitute general obligations of the State of Mississippi, or of the county creating the authority, and such bonds shall not be secured by a pledge of the full faith, credit and resources of said state or of said county. “Revenues” as used in Sections 29-3-151 through 29-3-183 shall mean all charges, tolls, rates, gifts, grants, moneys, rentals and proceeds from the leasing for commercial and/or industrial use of the lands actually developed by the authority under said sections, and all other funds coming into the possession of the authority by virtue of the provisions of said sections, except the proceeds from the sale of the bonds issued hereunder. “Net revenues” as used in Sections 29-3-151 through 29-3-183 shall mean the revenues after payment of costs and expenses of management and maintenance of the project and related facilities. “Rental income” shall mean all rentals, moneys or funds derived pursuant to Sections 29-3-27 et seq., Mississippi Code of 1972, from the sixteenth section, or lands granted in lieu thereof, to be developed by the authority, except such rentals, moneys, or funds derived from the leasing for commercial and/or industrial use of the lands actually developed by the authority.

HISTORY: Laws, 1973, ch. 498, § 6, eff from and after passage (approved April 16, 1973).

§ 29-3-163. Payments on bonds when net revenues are insufficient.

In the event net revenues of the project are insufficient to pay fully the principal and interest on bonds when due, the authority is hereby specifically authorized to pay, and shall pay, all or the remainder of said principal and interest from rental income. The county school board and the trustees of the municipal separate school district are hereby specifically authorized to pay, and shall pay, to the authority, if necessary, such sums as are sufficient to pay all or the remainder of said principal and interest from rental income, and the part of such sum to be paid by the said county school board and the trustees of the municipal separate school district, respectively, to the authority for this purpose shall be determined by the percentage of revenue from the sixteenth section, or lands granted in lieu thereof, to be developed by the authority which each received in the most prior year of receipt.

HISTORY: Laws, 1973, ch. 498, § 7, eff from and after passage (approved April 16, 1973).

Cross References —

Definitions of “net revenues” and “rental income,” see §29-3-161.

§ 29-3-165. Sale of bonds.

On all revenue bonds issued pursuant to the provisions of Sections 29-3-151 through 29-3-183 and hereafter sold, the trustees shall advertise them for sale on sealed bids for at least two (2) times in a newspaper within the county in which the bonds are to be sold, the first publication to be made at least ten (10) days preceding the date fixed for the reception of bids, such notice to give the time and place of sale. The procedure further demands that each bid shall be accompanied by a cashier’s check, certified check, or exchange payable to the authority, issued or certified by a bank located in the state in the amount of not less than two percent (2%) of the par value of the bonds offered for sale, as a guaranty that the bidder will carry out his contract and purchase the bonds if the bid is accepted. If the successful bidder fails to purchase the bonds pursuant to his bid and contract, the amount of such good faith check shall be retained by the authority and covered into the proper fund as liquidated damages for such failure.

HISTORY: Laws, 1973, ch. 498, § 8, eff from and after passage (approved April 16, 1973).

§ 29-3-167. Issuance of bonds to defray expenses of authority.

The board of trustees, subject to the call for an election as outlined in Section 29-3-161, is authorized and empowered, in its discretion, for the purpose of providing funds to assist in defraying expenses of the authority created under Sections 29-3-151 through 29-3-183, to issue from time to time negotiable revenue bonds of the authority in such amount or amounts as its board of trustees shall deem necessary; provided, however, that not more than the aggregate amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) of said bonds shall be outstanding at any one (1) time.

HISTORY: Laws, 1973, ch. 498, § 9, eff from and after passage (approved April 16, 1973).

§ 29-3-169. General terms and conditions as to bonds.

All such bonds provided for by Sections 29-3-151 through 29-3-183 shall be securities within the meaning of Article 8 of the Mississippi Uniform Commercial Code, being Sections 75-8-101 et seq. They 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), and may be registered as issued. Each such bond shall specify on its face the purpose for which it was issued, the total amount authorized to be issued and the interest on the bond. Such bonds shall bear interest at such rate or rates as may be determined by the sale of such bonds, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103. They shall mature annually in such amounts and at such times as shall be provided by the resolution of the board of trustees. Provided, however, that no bonds shall have a longer maturity than twenty-five (25) years from date of issuance, and the first maturity date thereof shall be not more than five (5) years from the date of such bonds. The denomination, form and place or places of payment of such bonds shall be fixed in the resolution of the board of trustees of the authority. Such bonds shall be signed by the chairman and the secretary of the board of trustees, with the corporate seal affixed thereto, but the coupons may bear only the facsimile signatures of such chairman or secretary. 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 will not be permitted; and no interest coupon shall vary more than twenty-five percent (25%) in interest rate from any other interest coupon in the same bond issue.

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 two (2) times, with the first publication not less than fourteen (14) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the area in which the development is located and in one or more other newspapers or financial journals with a large circulation. One (1) proof of publication shall be filed in the minutes of the board of trustees.

Such bonds may be called in, paid and redeemed as authorized in the resolution authorizing the issue on any interest date prior to maturity upon not less than thirty (30) days’ notice to the paying agent or agents designated in such bonds. Provided, however, that in no case shall any premiums exceed seven percent (7%) of the face value of such bonds.

All bonds issued by the authority shall contain in substance a statement to the effect that they are secured solely by a pledge of the net revenues and by pledge of rental income, and that they do not constitute general obligations of the State of Mississippi or of the county in which the development is located, and are not secured by a pledge of the full faith, credit and resources of said state or of such county.

All such bonds as provided for herein shall be sold under the sealed bid procedure at public sale as now provided in Section 31-19-25, Mississippi Code of 1972. No such sale shall be at a price so low as to require the payment of interest on the money received therefor at more than a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103.

Sections 29-3-151 through 29-3-183 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 except as included in statutes governing and controlling issuance of all municipal bonds.

Provided, however, the board of trustees shall have the authority to enter into cooperative agreements with the state or federal government, or both, and to execute and deliver at private sale notes or bonds as evidence of such indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both, and to pledge the income and revenues of the authority in payment thereof.

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: Laws, 1973, ch. 498, § 10; Laws, 1983, ch. 494, § 11; Laws, 1985, ch. 477, § 3, eff from and after passage (approved April 8, 1985).

§ 29-3-171. Validation of bonds.

All bonds issued pursuant to Sections 29-3-151 through 29-3-183 shall be validated as now provided in Sections 31-13-1 through 31-13-11, inclusive, Mississippi Code of 1972.

HISTORY: Laws, 1973, ch. 498, § 11, eff from and after passage (approved April 16, 1973).

§ 29-3-173. Cooperation with other governmental agencies.

The authority shall have authority to act jointly with political subdivisions of the state and agencies, commissions and instrumentalities thereof, with municipalities, and with the federal government and other agencies thereof, in the performance of the purposes and services authorized in Sections 29-3-151 through 29-3-183 upon such terms as may be agreed upon by the trustees.

HISTORY: Laws, 1973, ch. 498, § 12, eff from and after passage (approved April 16, 1973).

§ 29-3-174. Immunity from tort actions except for wilful or gross negligence.

Except for willful or gross negligence, no action or suit sounding in tort arising out of the lease or use of the land for recreational purposes shall be brought or maintained against the authority or the trustees on account of any act or omission done in performance of the purposes and services authorized in Sections 29-3-151 through 29-3-183.

HISTORY: Laws, 1978, ch. 467, § 4, eff from and after July 1, 1978.

Cross References —

When state may be sued, generally, see §11-45-1.

RESEARCH REFERENCES

Am. Jur.

57 Am. Jur. 2d, Municipal, School, and State Tort Liability § 39.

CJS.

81A C.J.S., States §§ 533-543.

§ 29-3-175. Exemptions from state taxation.

The accomplishment of the purposes stated in Sections 29-3-151 through 29-3-183 being for the benefit of the people of the county and for the improvement of their properties, the authority, in carrying out the purposes of Sections 29-3-151 through 29-3-183, will be performing an essential public function and shall not be required to pay any tax or assessment on the project and related facilities or any part thereof except as provided herein, and 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 holders of any bonds to be issued hereunder that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts on improvements funded from the avails of the issue except assessments for municipal utilities benefiting the property.

HISTORY: Laws, 1973, ch. 498, § 13, eff from and after passage (approved April 16, 1973).

§ 29-3-177. Bonds as legal investments and as security for deposits of public funds.

All bonds of the authority 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; and 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: Laws, 1973, ch. 498, § 14, eff from and after passage (approved April 16, 1973).

Cross References —

Mississippi Public Employees’ Retirement System generally, see §§25-11-101 et seq.

§ 29-3-179. Construction contracts.

All construction contracts by the authority where the amount of the contract shall exceed One Thousand Dollars ($1,000.00) shall be made upon at least three (3) weeks’ public notice by advertisement in a newspaper of general circulation in the area, which notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the authority, to do the work; and in all such cases, before the notice shall be published, the plans and specifications for the work shall be filed with the secretary of the authority and there remain; and the board of trustees of the authority shall award the contract to the lowest bidder who will comply with the terms imposed by such trustees and enter into bond with sufficient sureties to be approved by the trustees in such penalty as shall be fixed by the trustees, but in no case to be less than the contract price, conditioned for the prompt, proper and efficient performance of the contract.

HISTORY: Laws, 1973, ch. 498, § 15, eff from and after passage (approved April 16, 1973).

§ 29-3-181. Deposit of authority’s funds.

All funds of the authority shall be deposited in the bank or banks utilized as depositories for other sixteenth section funds.

HISTORY: Laws, 1973, ch. 498, § 16, eff from and after passage (approved April 16, 1973).

§ 29-3-183. Bond proceeds may be utilized to pay preliminary expenses.

The authority is hereby authorized to pay from the proceeds of any bonds issued under the provisions of Sections 29-3-151 through 29-3-183 the preliminary expenses, including engineers’ reports, attorneys’ fees, and organization or administration expenses and any expenses incurred by the county in planning and creating the project and its development.

HISTORY: Laws, 1973, ch. 498, § 17, eff from and after passage (approved April 16, 1973).

Chapter 5. Care of Capitol, Old Capitol, State Office Buildings and Executive Mansion

In General

§ 29-5-1. Definitions.

  1. For purposes of this chapter, the term “Office of General Services” shall mean the Governor’s office of general services acting through the bureau of capitol facilities.

    For purposes of this chapter, “director” shall mean the director of the bureau of capitol facilities of the office of general services.

  2. Wherever the term “capitol commission” appears in the laws of the State of Mississippi, it shall be construed to mean the bureau of capitol facilities of the office of general services.

HISTORY: Codes, 1906, § 4657; Hemingway’s 1917, § 3930; 1930, § 4009; 1942, § 8952; Laws, 1904, ch. 109; Laws, 1932, ch. 125; Laws, 1962, ch. 506, § 1, and ch. 588, § 20; Laws, 1964, ch. 571, §§ 1-6; Laws, 1964 1st Sess ch. 21; Laws, 1966, ch. 544, § 1; Laws, 1970, ch. 553, § 1; Laws, 1984, ch. 488, § 7, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

The affect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

Duties of capitol commission, see §29-5-3.

Penalty for use of capitol building as a lodging house or sleeping room, see §97-7-7.

JUDICIAL DECISIONS

1. In general.

Section57-1-3, which regulates the Board of Economic Development, §25-11-15, which regulates the Board of Trustees of the Public Employees’ Retirement System, §25-53-7, which regulates the Central Data Processing Authority [Mississippi Department of Information Technology Services], §25-9-109, which regulates the State Personnel Board, §43-13-107, which regulates the Medicaid Commission, §29-5-1, which regulates the Capitol Commission, §49-5-61, which regulates the Wild Life Heritage Committee, and §47-5-12 [repealed], which regulates the Board of Corrections, are unconstitutional, insofar as they create executive boards and commissions with legislative members, in violation of Miss. Const. Art. 1 § 2, and, accordingly, named legislators could not constitutionally perform any of the executive functions of those boards and commissions; moreover, §§27-103-1 [repealed],29-5-1,57-1-3,43-13-107,25-53-7,25-9-109, and49-5-61, are unconstitutional insofar as they mandate legislative appointments to executive offices. Alexander v. State, 441 So. 2d 1329, 1983 Miss. LEXIS 3007 (Miss. 1983).

RESEARCH REFERENCES

Law Reviews.

1983 Mississippi Supreme Court Review: State legislators serving on state executive boards. 54 Miss. L. J. 46, March 1984.

§ 29-5-2. Responsibilities and duties.

The duties of the Department of Finance and Administration shall be as follows:

(i) To exercise general supervision and care over and keep in good condition the following state property located in the City of Jackson: the New State Capitol Building, the Woolfolk State Office Building and Parking Garage, the Carroll Gartin Justice Building, the Walter Sillers Office Building and Parking Garage, the War Veterans’ Memorial Building, the Charlotte Capers Building, the William F. Winter Archives and History Building, the Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot (GM&O Depot), the Old State Capitol Building, the Governor’s Mansion, the Heber Ladner Building, the Robert E. Lee Office Building, the Robert E. Lee Parking Garage, the former Naval Reserve Center, 515 East Amite Street, 620 North Street, 660 North Street, 700 North State Street, the State Records Center, the Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds Complex, the Robert E. Lee Office Building and Parking Garage, the former Central High Building, as well as all state-owned or leased buildings situated on seat of government property.

To exercise general supervision and care over and keep in good condition the Dr. Eldon Langston Bolton Building located in Biloxi, Mississippi.

To exercise general supervision and care over and keep in good condition the State Service Center, located at the intersection of U.S. Highway 49 and John Merl Tatum Industrial Drive in Hattiesburg, Mississippi.

To exercise general supervision and care over and keep in good condition any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board, including, but not limited to:

1. The National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;

2. The Mississippi Sports Hall of Fame;

3. The Mississippi Crafts Center;

4. The Mississippi Children’s Museum; and

5. The Mississippi Arts and Entertainment Center.

To assign suitable office space for the various state departments, officers and employees who are provided with an office in any of the buildings under the jurisdiction or control of the Department of Finance and Administration. However, the assignment of space in the New Capitol Building shall be designated by duly passed resolution of the combined Senate Rules Committee and the House Management Committee, meeting as a joint committee, approved by the Lieutenant Governor and Speaker of the House of Representatives. A majority vote of the members of the Senate Rules Committee and a majority vote of the members of the House Management Committee shall be required on all actions taken, resolutions or reports adopted, and all other matters considered by the full combined committee on occasions when the Senate Rules Committee and the House Management Committee shall meet as a full combined committee.

To approve or disapprove with the concurrence of the Public Procurement Review Board, any lease or rental agreements by any state agency or department, including any state agency financed entirely by federal and special funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration, including space necessary for parking to be used by state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building. In no event shall any employee, officer, department, federally funded agency or bureau of the state be authorized to enter into a lease or rental agreement without prior approval of the Department of Finance and Administration and the Public Procurement Review Board.

The Department of Finance and Administration is authorized to use architects, engineers, building inspectors and other personnel for the purpose of making inspections as may be deemed necessary in carrying out its duties and maintaining the facilities.

To acquire by lease, lease-purchase agreement, or otherwise, as provided in Section 27-104-107, and to assign through the Office of General Services, by lease or sublease agreement from the office, and with the concurrence of the Public Procurement Review Board, to any state agency or department, including any state agency financed entirely by federal and special funds, appropriate office space in the buildings acquired.

[Repealed]

HISTORY: Codes, 1942, §§ 8952-01, 8952-02; Laws, 1972, ch. 326, §§ 2, 3; Laws, 1979, ch. 440; Laws, 1980, ch. 375, § 2; Laws, 1981, ch. 424, § 1; Laws, 1983, ch. 402, § 1; Laws, 1984, ch. 488, § 8; Laws, 1986, ch. 500, § 13; Laws, 1993, ch. 311, § 2; Laws, 1996, ch. 398, § 3; Laws, 1998, ch. 424, § 1; Laws, 2001, ch. 325, § 1; Laws, 2004, ch. 301, § 3; Laws, 2005, ch. 504, § 3; Laws, 2006, ch. 457, § 2; Laws, 2008, ch. 430, § 1; Laws, 2009, ch. 542, § 2; Laws, 2010, ch. 314, § 2; Laws, 2013, ch. 357, § 2; Laws, 2014, ch. 533, § 2; Laws, 2017, ch. 330, § 1, eff from and after passage (approved Mar. 13, 2017).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the last sentence of the first paragraph of (c) by inserting the word “into” so that “...be authorized to enter a lease or rental agreement...” reads “...be authorized to enter into a lease or rental agreement...” The Joint Committee ratified the correction at its July 24, 2014, meeting.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Laws of 2009, ch. 542, § 1 provides for the purchase of certain parcels of real property in the vicinity of the Capitol Complex described as the “Barefield Property,” the Sun-n-Sand Property, and the property located at 633 North State Street.

Laws of 2009, ch. 557, § 52 ,provides:

“SECTION 52. (1) The Department of Finance and Administration is authorized to transfer and convey the state-owned 101 Capitol Centre property located at 101 West Capitol Street, Jackson, Mississippi, to Jackson State University.

“(2) The conveyance authorized in this section may be subject to terms and conditions accepted and agreed upon by the Department of Finance and Administration and Jackson State University.”

Laws of 2010, ch. 533, § 44, provides:

“SECTION 44. (1)(a) The Mississippi Development Authority (MDA) is authorized to provide one or more interest-free nonrecourse loans to the City of Jackson, Mississippi, to assist the City of Jackson in paying the costs associated with making repairs, upgrades and improvements to portions of the city’s water and sewer systems infrastructure located in the areas within and in close proximity to the state grounds and lands described in Sections 29-5-2 and 29-5-81, Mississippi Code of 1972. The aggregate amount of all loans made under this section shall not exceed Six Million Dollars ($6,000,000.00), and the time allowed for repayment of a loan shall not exceed seven (7) years.

“(b) The City of Jackson must submit an application to the MDA. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the MDA.

“(c) The MDA shall have all powers necessary to implement and administer the loans authorized under this section, and the MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.

“(2) There is created in the State Treasury a special fund to be designated as the ‘2010 City of Jackson Water and Sewer Systems Loan Fund,‘ which shall consist of the proceeds of general obligation bonds authorized to be issued by this section and funds from any other source designated for deposit into the 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 by the MDA for the purposes described in this section.

“(3) As used in this section, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“(a) ‘Accreted value’ of any bonds means, as of any date of computation, an amount equal to the sum of (i) the stated initial value of such bond, plus (ii) the interest accrued thereon from the issue date to the date of computation at the rate, compounded semiannually, that is necessary to produce the approximate yield to maturity shown for bonds of the same maturity.

“(b) ‘State’ means the State of Mississippi.

“(c) ‘Commission’ means the State Bond Commission.

“(4) (a) The Mississippi Development Authority, at one time, or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for the loans authorized in this section. Upon the adoption of a resolution by the Mississippi Development Authority, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this subsection, the Mississippi Development Authority shall deliver a certified copy of its resolution or resolutions to the commission. Upon receipt of such resolution, the commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds so authorized to be sold and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The total amount of bonds issued under this section shall not exceed Six Million Dollars ($6,000,000.00). No bonds authorized under this section shall be issued after July 1, 2013.

“(b) The proceeds of bonds issued pursuant to this section shall be deposited into the 2010 City of Jackson Water and Sewer Systems Loan Fund created pursuant to subsection (2) of this section. Any investment earnings on bonds issued pursuant to this section shall be used to pay debt service on bonds issued under this section, in accordance with the proceedings authorizing issuance of such bonds.

“(5) The principal of and interest on the bonds authorized under this section shall be payable in the manner provided in this subsection. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-101, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty-five (25) years from date of issue, be redeemable before 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 commission.

“(6) The bonds authorized by this section shall be signed by the chairman of the commission, or by his facsimile signature, and the official seal of the commission shall be affixed thereto, attested by the secretary of the commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before 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 their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

“(7) All bonds and interest coupons issued under the provisions of this section have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this section, the commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.

“(8) The commission shall act as issuing agent for the bonds authorized under this section, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under this section from the proceeds derived from the sale of such bonds. The commission may sell such bonds on sealed bids at public sale or may negotiate the sale of the bonds for such price as it may determine to be for the best interest of the State of Mississippi. All interest accruing on such bonds so issued shall be payable semiannually or annually.

“If such bonds are sold by sealed bids at public sale, notice of the sale shall be published at least one time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, selected by the commission.

“The commission, when issuing any bonds under the authority of this section, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

“(9) The bonds issued under the provisions of this section are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are 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 provisions of this subsection.

“(10) Upon the issuance and sale of bonds under the provisions of this section, the commission shall transfer the proceeds of any such sale or sales to the 2010 City of Jackson Water and Sewer Systems Loan Fund created in subsection (2) of this section. The proceeds of such bonds shall be disbursed solely upon the order of the Mississippi Development Authority under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

“(11) The bonds authorized under this section may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this section. Any resolution providing for the issuance of bonds under the provisions of this section shall become effective immediately upon its adoption by the commission, and any such resolution may be adopted at any regular or special meeting of the commission by a majority of its members.

“(12) The bonds authorized under the authority of this section may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

“(13) Any holder of bonds issued under the provisions of this section or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under this section, or under such resolution, and may enforce and compel performance of all duties required by this section to be performed, in order to provide for the payment of bonds and interest thereon.

“(14) All bonds issued under the provisions of this section shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

“(15) Bonds issued under the provisions of this section and income therefrom shall be exempt from all taxation in the State of Mississippi.

“(16) The proceeds of the bonds issued under this section shall be used solely for the purposes therein provided, including the costs incident to the issuance and sale of such bonds.

“(17) The State Treasurer is authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under this section; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

“(18) This section shall be deemed to be full and complete authority for the exercise of the powers therein granted, but this section shall not be deemed to repeal or to be in derogation of any existing law of this state.”

Subsection (e), which authorized the Department of Finance and Administration to approve or disapprove any lease or rental agreement for up to two thousand (2,000) square feet of space in the Robert G. Clark, Jr. Building with a private entity providing healthcare and wellness services to state employees, was repealed by its own terms effective July 1, 2016.

Amendment Notes —

The 2004 amendment substituted “Robert G. Clark, Jr. Building” for “301 Lamar Street Building” in (a)(i).

The 2005 amendment, in (c), added “including space necessary for parking to be used by state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building” at the end of the first sentence of the first paragraph, and added a third paragraph containing a repealer provision.

The 2006 amendment extended the date of the repealer in (c) by substituting “July 1, 2010” for “July 1, 2006.”

The 2008 amendment added (a)(iv).

The 2009 amendment added “and the properties described in Section 1 of Chapter 542, Laws of 2009” at the end of (a)(i); substituted “U.S. Highway” for “State Highway” in (a)(iii); and made a minor stylistic change.

The 2010 amendment extended the repealer for paragraph (c) by substituting “July 1, 2014” for “July 1, 2010” in the last sentence of (c).

The 2013 amendment inserted “the Mississippi State Fairgrounds Complex” following “the Robert G. Clark, Jr. Building” near the middle of (a)(i).

The 2014 amendment deleted the last undesignated paragraph in (c), which read “The provisions of this paragraph (c) shall stand repealed on July 1, 2014”; and added (e).

The 2017 amendment, effective March 13, 2017, rewrote (a)(i), which read: “To exercise general supervision and care over and keep in good condition the following state property located in the City of Jackson: the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the War Veterans’ Memorial Building, the Charlotte Capers Building, the William F. Winter Archives and History Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Governor’s Mansion, the Heber Ladner Building, the Burroughs Building, the Robert E. Lee Office Building, the Robert E. Lee Parking Garage, the Manship House Restoration and Visitor Center, the State Records Center, the Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds Complex, and all other properties acquired in the same transaction at the time of the purchase of the Robert E. Lee Hotel property from the First Federal Savings and Loan Association of Jackson, Mississippi, which properties are more particularly described in a warranty deed heretofore executed and delivered on April 22, 1969, and filed for record in the Office of the Chancery Clerk of the First Judicial District of Hinds County, Mississippi, located in Jackson, Mississippi, on April 25, 1969, at 9:00 a.m., and recorded in Deed Book No. 1822, Page 136 et seq., the Central High Building, 101 Capitol Centre and the properties described in Section 1 of Chapter 542, Laws of 2009”; and in (a)(iv), added “including, but not limited to” at the end of the introductory paragraph, and added 1 through 5.

Cross References —

Affect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

Public Procurement Review Board, see §27-104-7.

Duties of the Department of Finance and Administration with respect to the leasing or renting of certain state-owned lands in Jackson, see §§29-1-201,29-1-203.

Regulation of parking, see §29-5-57.

Mayfair Building being renamed the Ike Sanford Veterans Affairs Building, see §29-5-97.

State Executive Building being renamed Heber Ladner Building, see §29-5-99.

301 Lamar Street Building being renamed the Robert G. Clark, Jr. Building, see §29-5-101.

New Justice Building being renamed the Carroll Gartin Justice Building, see §29-5-103.

Powers and duties of the public procurement review board, see §27-104-7.

OPINIONS OF THE ATTORNEY GENERAL

Department of Finance and Administration has authority, by implication, to contract with vendors for installation of automated teller machines in state buildings within Capitol Complex and to charge appropriate fair market rent as determined by Department. Ranck, Dec. 17, 1992, A.G. Op. #92-0920.

The Department of Finance and Administration has no authority to relocate existing private tenants to other state owned property, which would amount to leasing state owned property to a private entity, absent legislative authority to do so. Stringer, Nov. 17, 2006, A.G. Op. 06-0580.

§ 29-5-3. Use of rooms and apartments of New Capitol.

The several rooms and apartments of the New Capitol shall not be occupied by any other persons nor for any other purpose than as expressly authorized by the legislature; provided, however, that it shall be the duty of the legislature to provide office space in the New Capitol for any state department, officer or employee where it is provided by law that such department, officer or employee shall have an office in the state capitol.

HISTORY: Codes, 1880, § 278; 1892, § 4107; 1906, §§ 4657, 4659; Hemingway’s 1917, §§ 3930, 7495; 1930, §§ 4008, 4009; 1942, §§ 8951, 8952; Laws, 1904, ch. 109; Laws, 1932, ch. 125; Laws, 1962, ch. 506, § 1 and ch. 588, § 20; Laws, 1964, ch. 571, §§ 1-6; Laws, 1964 1st Sess ch. 21; Laws, 1966, ch. 544, § 1; Laws, 1970, ch. 553, § 1; Laws, 1972, ch. 326, § 1; Laws, 1983, ch. 402, § 2; Laws, 1984, ch. 488, § 9, eff from and after July 1, 1984.

Cross References —

Duty of Bureau of Capitol Facilities to provide Executive Director of The Department of Finance and Administration with sufficient office and storage space, see §7-7-53.

§ 29-5-5. Repealed.

Repealed by Laws, 1980, ch. 560, § 32, eff from and after May 26, 1980.

§29-5-5. [Codes, 1906, § 4657; Hemingway’s 1917, § 3930; 1930, § 4009; 1942, § 8952; Laws, 1904, ch. 109; Laws, 1932, ch. 125; Laws, 1962, ch. 506, § 1; Laws, 1962, ch. 588, § 20; Laws, 1964, ch. 571, §§ 1-6; Laws, 1964, 1st Sess, ch. 21; Laws, 1966, ch. 544, § 1; Laws, 1970, ch. 553, § 1]

Editor’s Notes —

Former §29-5-5 authorized payment of expenses of the members of the former capitol commission.

§ 29-5-6. Commission expenses.

All monies expended by the Bureau of Capitol Facilities shall be drawn out of the State Treasury only upon the warrant of the Department of Finance and Administration, which shall issue the same only where a specific itemized account shall have been rendered it, which account shall be approved in writing by the Director of the Bureau of Capitol Facilities.

Any department, agency or political subdivision of the government of the state, or any organization occupying offices in any of the office buildings under the jurisdiction or control of the Office of General Services shall pay as directed by the office into the fund created in Section 27-104-107(7), a rent to be fixed by the office which shall conform to prevailing commercial rents in the general area. The Veterans Affairs Board shall pay rent for veterans organizations and veterans auxiliary organizations presently using space in the property described, set apart, and exclusively dedicated as a perpetual memorial to the veterans of World War I, 1914-1918, by Chapter 297, Laws of 1934, if it becomes necessary for such rent to be paid.

In the event that the sums are not paid as directed by the Office of General Services, the director of the office may issue a requisition for a warrant to draw the amount as may be due, plus a penalty of ten percent (10%) of the amount, from any fund appropriated for the use of the agency which has failed to pay rental as agreed.

HISTORY: Codes, 1942, §§ 8952-03, 8952-04, 8952-05; Laws, 1972, ch. 326, §§ 4-6; Laws, 1973, ch. 476, § 1; Laws, 1980, ch. 560, § 10; Laws, 1984, ch. 488, § 10; Laws, 1993, ch. 311, § 3, eff from and after passage (approved March 4, 1993).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 29-5-7. Repealed.

Repealed by Laws, 1984, ch. 488, § 24, eff from and after July 1, 1984.

§29-5-7. [Codes, 1906, § 4658; Hemingway’s 1917, § 3931; 1930, § 4010; 1942, § 8953; Laws, 1904, ch. 109]

Editor’s Notes —

Former §29-5-7 provided for the employment of a superintendent to supervise the capitol buildings and grounds.

§ 29-5-9. Employment of receptionist and elevator operator.

  1. The director shall have the power and is hereby authorized to employ an elevator operator for the New Capitol Building.
  2. The Senate Management Committee and the House Management Committee (or any successors having responsibility for the hiring of legislative employees), acting jointly, shall have the power, and are hereby authorized, to employ and compensate a receptionist for the New Capitol Building and any assistants deemed necessary for such receptionist. Compensation for the receptionist and any assistants shall be paid out of funds appropriated for joint legislative operations.

    It shall be the duty of such receptionist to operate an information desk, furnish information to visitors; maintain a registration book for visitors; distribute literature furnished by state agencies, historical societies, pilgrimage clubs, private individuals or organizations engaged in the manufacturing of products from Mississippi resources; and conduct tours of the building. All agencies of the State of Mississippi and others having literature for distribution shall supply the New Capitol Building receptionist with copies of such literature for distribution.

HISTORY: Codes, 1942, § 8953.5; Laws, 1948, ch. 217, §§ 1-3; Laws, 1950, ch. 206 (¶ 1); Laws, 1952, ch. 333; Laws, 1960, ch. 339; Laws, 1966, ch. 445, § 3; Laws, 1966, ch. 545; Laws, 1984, ch. 488, § 11; Laws, 1997, ch. 358 § 1, eff from and after July 1, 1997.

§ 29-5-11. Hours capitol open.

The Secretary of State shall have charge of the keys and other fastenings of all the exterior doors of the capitol and of all such rooms as are not occupied by one of the courts or as public offices authorized by law; and he shall keep in good order and securely locked, all rooms not actually occupied by the officers to whom they have been appropriated. He shall open the exterior doors at seven o’clock in the morning and keep the same open until the hours of six o’clock in the evening Monday through Friday; provided however, that the capitol shall be kept open when the legislature is in session until a reasonable hour after both houses have concluded the day’s business. The capitol shall likewise be kept open so as not to interfere with the sessions of the Supreme Court.

HISTORY: Codes, 1880, § 271; 1892, § 4102; 1906, § 4654; Hemingway’s 1917, § 7492; 1930, § 4005; 1942, § 8948; Laws, 1964, ch. 542, § 7, eff from and after 10 days after passage (approved June 11, 1964).

§ 29-5-12. Landscaping and care of New Capitol grounds.

The state building commission is authorized and directed to provide for reasonable landscaping and care, including the installation of a water sprinkling system, for the New Capitol grounds.

HISTORY: Codes, 1942, § 8952-07; Laws, 1972, ch. 326, § 8, eff thirty (30) days from and after passage (Enacted April 5, 1972, without approval of Governor).

Editor’s Notes —

Section 31-11-1 provides that the term “state building commission” or “building commission” wherever it appears in the laws of Mississippi shall be construed to mean the governor’s office of general services. Subsequently, Section 7-1-451 provided that wherever the term “Office of General Services” appeared in any law the same shall mean the Department of Finance and Administration.

§ 29-5-13. Curator of the New Capitol Building; powers and duties of curator; transfer of position of Curator of the New Capitol Building from jurisdiction of Department of Archives and History to the House Management Committee and the Senate Rules Committee.

There is established the position of Curator of the New Capitol Building, who shall have the following powers and duties:

To oversee, initiate, approve and monitor the care of the New Capitol Building and grounds to ensure long-term preservation, conservation and maintenance of the building, historic furnishings and grounds;

To coordinate with personnel of the Department of Finance and Administration and the project professionals on any repair, renovation or restoration plans for the New Capitol Building or grounds, ensuring that all work is in accordance with the Secretary of the Interior’s Standards for Rehabilitation;

To request quotations for projects at the New Capitol Building or grounds upon instructions from the Department of Finance and Administration and from the House Management committee and the Senate Rules Committee acting jointly; apply for permits from the Department of Archives and History when applicable; request that projects be initiated through the proper agency and serve as the in-house professional depending upon the scope of work; maintain contact with any project professional involved in a project, beginning with the bid or quote process through initiation and completion of the project; and notify the House, the Senate, joint legislative operations or the Department of Finance and Administration, as appropriate, when the project is complete and ready for final payment;

To coordinate special state events and approved private events held at the New Capitol Building or grounds other than those held in the Chambers of the House of Representatives or the Senate;

To serve as a liaison to the Clerk of the House of Representatives, Secretary of the Senate, Department of Finance and Administration, Department of Archives and History and project professionals on all projects at the New Capitol Building or grounds;

To supervise visitor services personnel in providing tours and events for the public and members of the Legislature that are held at the New Capitol Building or grounds; and

To perform such other duties relating to the New Capitol Building or grounds as jointly prescribed by the House Management Committee and the Senate Rules Committee.

The Curator of the New Capitol Building shall be employed by and under the joint jurisdiction of the House Management Committee and the Senate Rules Committee, and the expenses of the curator shall be paid from the funds appropriated by the Legislature for the joint legislative operations of the House and the Senate. The curator shall provide quarterly reports to the House Management committee and the Senate Rules Committee on the activities and expenses of the curator during the preceding quarter.

The Curator of the New Capitol Building who is employed by the Board of Trustees of the Department of Archives and History under the provisions of Section 39-5-6 on the effective date of this act shall be transferred from the jurisdiction of the department to the joint jurisdiction of the House Management Committee and the Senate Rules Committee.

HISTORY: Laws, 2019, ch. 335, § 1, eff from and after July 1, 2019.

§§ 29-5-15 through 29-5-55. Repealed.

Repealed by Laws, 1972, ch. 326, § 32, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

§29-5-15. [Codes, 1942, § 8953.4-05; Laws, 1964, ch. 551, § 5]

§29-5-17. [Codes, 1942, §§ 8953.4, 8953.4-03; Laws, 1958, ch. 604; Laws, 1964, ch. 551, § 3]

§29-5-19. [Codes, 1942, §§ 8953.4-06, 8953.4-12; Laws, ch. 551, §§ 6, 12]

§29-5-21. [Codes, 1942, § 8953.4-07; Laws, 1964, ch. 551, § 7]

§29-5-23. [Codes, 1942, §§ 8953.3, 8953.4-02, 8953.4-12; Laws, 1955, Ex Sess ch. 124, §§ 1-3; Laws, 1964, ch. 551, §§ 2, 12]

§29-5-25. [Codes, 1942, §§ 8953.4-09, 8953.4-13; Laws, 1964, ch. 551, §§ 9, 13]

§29-5-27. [Codes, 1942, §§ 8953.4-07, 8953.4-08; Laws, 1964, ch. 551, §§ 7, 8]

§29-5-29. [Codes, 1942, §§ 8953.4, 8953.4-04, 8953.4-10; Laws, 1958, ch. 604; Laws, 1964, ch. 551, §§ 4, 10]

§29-5-31. [Codes, 1942, §§ 8953.3, 8953.4, 8953.4-11, 8953.4-14; Laws, 1955, Ex Sess ch. 124, §§ 1-3; 1958, ch. 604; Laws, 1964, ch. 551, §§ 11, 14]

§29-5-33. [Codes, 1942, §§ 8953.7-01, 8953.7-10; Laws, 1965, Ex Sess ch. 7, §§ 1, 10]

§29-5-35. [Codes, 1942, §§ 8953.7-02, 8953.7-21, 8953.7-41; Laws, 1965, Ex Sess, ch. 7, § 2; Laws, 1965, Ex Sess, ch. 8, § 1; Laws, 1965, Ex Sess,ch. 9, § 1]

§29-5-37. [Codes, 1942, §§ 8953.7-03, 8953.7-04, 8953.7-22, 8953.7-42; Laws, 1965, Ex Sess, ch. 7, §§ 3, 4; Laws, 1965, Ex Sess, ch. 8, § 2; Laws, 1965, Ex Sess,ch. 9, § 2 ]

§29-5-39. [Codes, 1942, §§ 8953.7-05, 8953.7-23, 8953.7-43; Laws, 1965, Ex Sess, ch. 7, § 5; Laws, 1965, Ex Sess, ch. 8, § 3; Laws, 1965, Ex Sess, ch. 9, § 3]

§29-5-41. [Codes, 1942, §§ 8953.7-06, 8953.7-24, 8953.7-44; Laws, 1965, Ex Sess, ch. 7, § 6; Laws, 1965, Ex Sess, ch. 8, § 4; Laws, 1965, Ex Sess,ch. 9, § 4]

§29-5-43. [Codes, 1942, §§ 8953.7-07, 8953.7-25, 8953.7-45; Laws, 1965, Ex Sess, ch. 7, § 7, ch. 8, § 5, ch. 9, § 5]

§29-5-45. [Codes, 1942, §§ 8953.7-08, 8953.7-26, 8953.7-46; Laws, 1965, Ex Sess, ch. 7, § 8; Laws, 1965, Ex Sess, ch. 8, § 6; Laws, 1965, Ex Sess,ch. 9, § 6]

§29-5-47. [Codes, 1942, §§ 8953.7-09, 8953.7-27, 8953.7-47; Laws, 1965, Ex Sess, ch. 7, § 9 Laws, 1965, Ex Sess, ch. 8, § 7; Laws, 1965, Ex Sess, ch. 9, § 7]

§29-5-49. [Codes, 1942, §§ 8953.7-11, 8953.7-12, 8953.7-28, 8953.7-48; Laws, 1965, Ex Sess, ch. 7, §§ 11, 12; Laws, 1965, Ex Sess, ch. 8, § 8; Laws, 1965, Ex Sess, ch. 9, § 8]

§29-5-51. [Codes, 1942, §§ 8953.7-13, 8953.7-50; Laws, 1965, Ex Sess, ch. 7, § 13; Laws, 1965, Ex Sess, ch. 9, § 10]

§29-5-53. [Codes, 1942, §§ 8953.7-29, 8953.7-49; Laws, 1965, Ex Sess, ch. 8, § 9; Laws, 1965, Ex Sess, ch. 9, § 9]

§29-5-55. [Codes, 1942, §§ 8953.7-14, 8953.7-30, 8953.7-51; Laws, 1965, Ex Sess, ch. 7, § 14; Laws, 1965, Ex Sess, ch. 8, § 10; Laws, 1965, Ex Sess, ch. 9, § 11]

Editor’s Notes —

Former §29-5-13 contained provisions regulating parking. Language substantially corresponding to that of former §29-5-13 may now be found at §29-5-57.

Former §29-5-15 provided for reserved parking for the Governor. Language substantially corresponding to that of former §29-5-15 may now be found at §29-5-59.

Former §29-5-17 regulated parking adjacent to the north side of the New Capitol Building. Language substantially corresponding to that of former §29-5-17 may now be found at §29-5-61.

Former §29-5-19 regulated parking for state officers, employees, and the press. Language substantially corresponding to that of former §29-5-19 may now be found at §29-5-63.

Former §29-5-21 regulated parking by members of the legislature. Language substantially corresponding to that of former §29-5-21 may now be found at §29-5-65.

Former §29-5-23 provided for parking insignia for automobiles. Language substantially corresponding to that of former §29-5-23 may now be found at §29-5-67.

Former §29-5-25 authorized the posting of signs to indicate reserved parking spaces. Language substantially corresponding to that of former §29-5-25 may now be found at §29-5-71.

Former §29-5-27 contained provisions for restricted parking. Language substantially corresponding to that of former §29-5-27 may now be found at §29-5-73.

Former §29-5-29 provided for penalties for illegal parking. Language substantially corresponding to that of former §29-5-29 may now be found at §29-5-75.

Former §29-5-31 contained provisions relating to jurisdiction to enforce laws on the New Capitol grounds. Language similar to that of former §29-5-31 may now be found at §29-5-77.

Former §29-5-33 authorized the promulgation of regulations for protection of the State Capitol building. Language substantially corresponding to that of former §29-5-33 may now be found at §29-5-79.

Former § Section29-5-35, derived from Code 1942, §§ 8953.7-02, 8953.7-21, and 8953.7-41, was repealed directly by Laws of 1972, ch. 326, § 32, which repealed Code 1942, §§ 8953.7-02 and 8953.7-41, and impliedly by Laws of 1972, ch. 326, § 7, which appears to supersede Code 1942, § 8953.7-21 insofar as the State Executive Mansion is concerned. See now §29-5-81.

Former §29-5-37 contained restrictions on travel and occupancy of State Capitol grounds. Language substantially similar to that of former §29-5-37 may now be found at §29-5-83.

Former §29-5-39 prohibited sales, signs, placards, and solicitations on the State Capitol grounds. Language substantially similar to that of former §29-5-39 may now be found at §29-5-85.

Former §29-5-41 prohibited the damaging of structures or vegetation on the State Capitol grounds. Language substantially similar to that of former §29-5-41 may now be found at §29-5-87.

Former §29-5-43 prohibited the discharge of firearms or explosives, setting fires, uttering threatening or abusive language, on the grounds of the State Capitol. Language substantially similar to that of former §29-5-43 may now be found at §29-5-89.

Former §29-5-45 regulated parades or assemblages, and the display of banners. Language substantially similar to that of former §29-5-45 may now be found at §29-5-91.

Former §§29-5-47 provided penalties for violating former §§29-5-83 through29-5-91. Language substantially similar to that of former §29-5-47 may now be found at §29-5-93.

Former §26-5-49 permitted suspension of prohibitions on proper occasions. Language similar to that of former §29-5-49 may now be found at §29-5-95.

Former §29-5-51 provided that provisions of former §§29-5-35 to 29-5-45 were inapplicable to the interior of the capitol building.

Former §29-5-53 provided for the arrest of violators. For present provisions providing for penalties for violations, see §§29-5-75 and29-5-93.

Former §29-5-55 provided that former laws were to remain in force.

§ 29-5-57. Regulation of parking.

It shall be the duty of the Office of General Services to supervise and regulate the parking of motor vehicles at the facilities named in Section 29-5-2 except for the state board of health building and the governor’s mansion, and to make all necessary regulations therefor to the end that parking space shall be available for state officers and employees whose official duties require their presence therein, and for business visitors, authorized members of the press, tourists and other visitors who are in need of parking space at any such building, subject, however, to the special provisions of Section 29-5-65 which apply when the legislature is in session.

HISTORY: Codes, 1942, § 8952-08; Laws, 1972, ch. 326, § 9; Laws, 1984, ch. 488, § 12, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section, see §29-5-77.

§ 29-5-59. Parking for Governor.

A suitable parking space or spaces adjacent to the south side of the New Capitol Building between the south entrance to the first floor and the east walkway, or President Street entrance, shall be reserved for use of the Governor.

HISTORY: Codes, 1942, § 8952-10; Laws, 1972, ch. 326, § 11, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section, see §29-5-77.

§ 29-5-61. Parking adjacent to north side of New Capitol Building.

The Office of General Services is authorized and directed to have designated not less than twenty (20) parking spaces adjacent to the north side of the New Capitol Building for the use of tourists, visitors and those having temporary business to transact in the New Capitol. All parking spaces adjacent to the north side of the New Capitol Building shall be and are hereby reserved for use by the lieutenant governor, the speaker of the house of representatives, the president pro tempore of the senate, officers of the senate and house of representatives, and visitors, tourists and those persons having temporary business to transact in the New Capitol Building. The said parking spaces shall be plainly marked with suitable signs or markers, designating which space is reserved for such individual or officer. The spaces reserved for use in parking for visitors, tourists and those having temporary business to transact in said New Capitol Building shall be plainly marked with suitable signs or markers showing that they are reserved for visitors and with the notation thereon “two-hour limit.” The Office of General Services shall provide suitable signs and markers to indicate those parking spaces which shall be available for the convenience of tourists, visitors, and those having temporary business to transact in the New Capitol.

HISTORY: Codes, 1942, §§ 8952-07, 8952-09; Laws, 1972, ch. 326, §§ 8, 10; Laws, 1984, ch. 488, § 13, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Parking restrictions, see §29-5-73.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section see §29-5-77.

§ 29-5-63. Parking for state officers, employees, and press.

All parking spaces on the north side of the New Capitol Building, other than those adjacent to the north side of said building, between the north, or High Street entrance, and the east walkway, or President Street entrance, shall be and are hereby reserved for use of state officers, state employees and authorized members of the press whose official duties require their presence in the New Capitol Building.

Parking spaces not otherwise specifically designated may be made available to other state officers and employees not domiciled in the New Capitol Building, in the discretion of the Office of General Services and under such regulations as may be prescribed therefor.

HISTORY: Codes, 1942, §§ 8952-11, 8952-12; Laws, 1972, ch. 326, §§ 12, 13; Laws, 1984, ch. 488, § 14, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Parking restrictions, see §29-5-73.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section see §29-5-77.

§ 29-5-65. Parking for members of Legislature.

At any time when the Legislature is in session, the Office of General Services shall designate and reserve sufficient parking spaces around the New Capitol Building to accommodate the members of the Legislature, and, when such spaces have been so designated and reserved, they shall be identified and marked by means of numbers, one (1) of which shall be assigned to each member of the Legislature, and that space for which he or she holds that number shall be reserved for the exclusive use of the said legislator. The Office of General Services is authorized and directed to reserve and allocate, among those spaces, an individual parking space for use of any member of the Legislature who is physically handicapped, so as to make his or her entrance to and exit from the New Capitol Building as convenient as is reasonably possible.

HISTORY: Codes, 1942, § 8952-13; Laws, 1972, ch. 326, § 14; Laws, 1984, ch. 488, § 15, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Regulation of parking, generally, see §29-5-57.

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section, see §29-5-77.

§ 29-5-67. Insignia for automobiles.

The Office of General Services is directed to have prepared or to secure suitable insignia for placing on automobiles so as to properly designate said automobiles as belonging to or used by state officers and employees and denoting thereon whether such officer or employee is located in the New Capitol Building or such other identification as will aid in the enforcement of Sections 29-5-57 through 29-5-67 and section 29-5-77. Such insignia or other identification shall be issued once each year to all state officers or state employees entitled thereto.

Members of the state legislature shall be furnished with distinctive insignia of appropriate design for their personal automobiles, the expense to be paid out of the contingent fund of each house.

HISTORY: Codes, 1942, § 8952-14; Laws, 1972, ch. 326, § 15; Laws, 1984, ch. 488, § 16, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section see §29-5-77.

§ 29-5-69. Parking for capitol employees during legislative sessions.

During the period each year when the legislature is in session, all parking spaces adjacent to the capitol grounds on the west side of President Street and on both sides of High Street shall be reserved for the use of capitol employees. The office of general services is instructed to place signs to that effect on said streets during legislative sessions.

All employees in the capitol who own automobiles shall be provided with distinctive stickers. Each such employee shall place the sticker in a prominent place on the rear of the automobile owned and regularly used by such employee.

Any person without a sticker on his automobile who parks in any space reserved in the first paragraph of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not to exceed Twenty-five Dollars ($25.00).

Any person who is not a capitol employee who has on his automobile a capitol parking sticker or any capitol employee who gives his parking sticker to a non-capitol employee to use on such person’s car, shall be guilty of a misdemeanor and shall, upon conviction, be fined One Hundred Dollars ($100.00).

The capitol police employed by the office of general services shall have the authority and are directed to enforce the provisions of this section.

HISTORY: Codes, 1942, § 8953.45; Laws, 1972, ch. 434, §§ 1, 2, 3, 4; Laws, 1984, ch. 488, § 17, eff from and after July 1, 1984.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the last sentence of the first paragraph. The words “effect on said street” were changed to “effect on said streets.” The Joint Committee ratified the correction at its May 16, 2002, meeting.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Penalty for illegal parking, see §29-5-75.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 29-5-71. Signs to indicate reserved parking spaces.

The Office of General Services is hereby directed to erect suitable signs or markers to indicate the parking spaces reserved, in conformity with Sections 29-5-57 through 29-5-67 and Sections 29-5-71 through 29-5-77.

The state highway department is hereby directed to cooperate with the Office of General Services in the painting or marking of such parking spaces as are prescribed by the Office of General Services.

HISTORY: Codes, 1942, §§ 8952-15, 8952-16; Laws, 1972, ch. 326, §§ 16, 17; Laws, 1984, ch. 488, § 18, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section see §29-5-77.

§ 29-5-73. Parking restrictions.

The driveway on the north side of the New Capitol Building leading from High Street to the north entrance to said building shall not be used for parking.

When the legislature is not in session, no person other than elected state officials and state employees whose official duties require their presence in the New Capitol Building, visitors, tourists, members of the press and those having temporary business to transact in the New Capitol Building, as referred to in Section 29-5-61, shall have the right to park on the New Capitol Building grounds, except as provided in Section 29-5-63.

HISTORY: Codes, 1942, §§ 8952-13, 8952-17; Laws, 1972, ch. 326, §§ 14, 18, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Penalty for illegal parking, see §29-5-75.

Jurisdiction to enforce provisions of this section see §29-5-77.

§ 29-5-75. Penalty for illegal parking.

Any person, other than an out-of-state tourist, who shall knowingly allow his automobile or vehicle to remain parked for a longer period than two (2) hours in any of the parking spaces adjacent to the north side of the New Capitol which are reserved for tourists, visitors, and persons having temporary business therein, and any person parking, or causing to be parked, his or any motor vehicle or other conveyance in or on the grounds of the facilities named in Section 29-5-2 in other violation of Sections 29-5-57 through 29-5-67 and Sections 29-5-71 through 29-5-77, shall be guilty of a misdemeanor and, upon conviction therefor, shall be fined not exceeding ten dollars ($10.00) for each offense.

HISTORY: Codes, 1942, §§ 8952-25, 8952-26; Laws, 1972, ch. 326, §§ 26, 27, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Suitable insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

Jurisdiction to enforce provisions of this section see §29-5-77.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 29-5-77. Jurisdiction to enforce laws on state grounds.

  1. The Department of Finance and Administration shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties, from curb to curb including adjoining streets, sidewalks and leased parking lots within the Capitol complex, set forth in Section 29-5-2, the Court of Appeals Building, the Mississippi Department of Transportation Building and the Public Employees’ Retirement System Building, and any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board. The Department of Finance and Administration shall, through any person or persons appointed by the Department of Finance and Administration, or through the Department of Public Safety when requested by the Department of Finance and Administration, make arrests for any violation of any law of the State of Mississippi on those grounds of or within those properties. The Department of Finance and Administration shall enforce the provisions of Sections 29-5-57 through 29-5-67, 29-5-71 through 29-5-77, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor.
  2. When in the opinion of the Governor or, in his absence, the Lieutenant Governor, it is readily apparent that an emergency exists that the persons appointed by the Department of Finance and Administration are unable to control in the accomplishment of the provisions of Sections 29-5-57 through 29-5-67, 29-5-71 through 29-5-77, and 29-5-81 through 29-5-95 in regard to law enforcement, then the Governor or, in his absence, the Lieutenant Governor, may call upon the Department of Public Safety, members of which shall have power to arrest and detain any persons violating the provisions of those sections of law, until the person can be brought before the proper authorities for trial.
  3. Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Finance and Administration shall be authorized to enter into a contract for the Department of Finance and Administration to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi on the property of the Board of Trustees located at the corner of Ridgewood Road and Lakeland Drive in the City of Jackson.
    1. The Department of Finance and Administration and the Department of Agriculture are authorized to enter into a contract for the Department of Finance and Administration to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture located at 121 North Jefferson Street and the new Farmer’s Market Building located at the corner of High and Jefferson Streets in the City of Jackson, Hinds County, Mississippi. It is the intent of the Legislature that the Department of Finance and Administration will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.
    2. The Department of Finance and Administration and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Finance and Administration to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Mississippi Fair Commission known as the “Mississippi State Fairgrounds Complex” and any and all of its outlying buildings and property. The Department of Finance and Administration and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Finance and Administration to supply the security personnel to the Mississippi Fair Commission with jurisdiction to enforce all laws of the State of Mississippi on this property and any and all buildings on this property.
  4. The Department of Finance and Administration and the Department of Revenue are authorized to enter into a contract for the Department of Finance and Administration to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi at the Alcoholic Beverage Control facility and the Department of Revenue main office.
  5. The Department of Finance and Administration shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi within the boundaries of the Capitol Complex Improvement District created in Section 29-5-203. The Department of Finance and Administration shall, through any person or persons appointed by the Department of Finance and Administration, make arrests for any violation of any law of the State of Mississippi which occurs within the boundaries of the district. The jurisdiction of the Department of Finance and Administration under this subsection (6) shall be concurrent with the jurisdiction of the City of Jackson, Mississippi, and that of Hinds County, Mississippi. The jurisdiction and authority of the Department of Finance and Administration under this subsection (6) shall be in addition to any other jurisdiction and authority provided to the department under this section or any other law.

HISTORY: Codes, 1942, §§ 8952-28, 8952-29; Laws, 1972, ch. 326, §§ 29, 30; Laws, 1984, ch. 488, § 19; Laws, 1996, ch. 398, § 1; Laws, 2004, ch. 367, § 1; Laws, 2005, ch. 504, § 4; Laws, 2006, ch. 364, § 1; Laws, 2008, ch. 430, § 2; Laws, 2008, ch. 466, § 1; Laws, 2013, ch. 357, § 3; Laws, 2017, ch. 444, § 10, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 2 of ch. 430, Laws of 2008, effective upon passage (approved April 3, 2008), amended this section. Section 1 of ch. 466, Laws of 2008, effective upon passage (approved April 14, 2008), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109, which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same Code section enacted within the same Legislative session may become effective. The Joint Committee ratified the integration of these amendments as consistent with the legislative intent at the August 5, 2008, meeting of the committee.

Editor’s Notes —

Laws of 2009, ch. 561, § 6, as amended by Laws of 2011, ch. 507, § 4, effective April 26, 2011, provides:

“SECTION 6. The Department of Finance and Administration shall convey to the Mississippi Transportation Commission all of the right, title and interest in certain real property within the City of Jackson, Hinds County, Mississippi, described more specifically as follows:

“All of that certain block of the City of Jackson bounded by Hamilton Street on the north, Lamar Street on the west, Griffith Street on the south and North West Street on the east all being situated in and a part of Lots 1-7 of the Richard Griffith Subdivision, partially in the 9.40 acre lot Number 3 North and partially in the 10 acre lot Number 4 North of the City of Jackson, in the First Judicial District of Hinds County, Mississippi, all containing 4.30 acres more or less.”

Amendment Notes —

The 2004 amendment in the first paragraph, rewrote the first sentence; substituted “Department of Finance and Administration” for “Office of General Services” throughout the section; and made minor stylistic changes.

The 2005 amendment added the last two paragraphs.

The 2006 amendment designated the formerly undesignated first through fourth paragraphs as (1) through (4); and added (5).

The first 2008 amendment (ch. 430), added “and any property purchased . . . Public Procurement Review Board” at the end of the first sentence of (1).

The second 2008 amendment (ch. 466), inserted “from curb to curb including adjoining streets, sidewalks and leased parking lots within the Capitol complex” in the first sentence of (1).

The 2013 amendment in (4), inserted the (a) designator and added (b); substituted “Department of Revenue” for “State Tax Commission” twice in (5).

The 2017 amendment added (6).

Cross References —

Insignia for automobiles parking at the New Capitol Building, generally, see §29-5-67.

Signs or markers indicating reserved parking spaces, see, generally, §29-5-71.

OPINIONS OF THE ATTORNEY GENERAL

Capitol Police may request assistance from Hinds County Sheriff or Jackson City Police at Capitol Complex. Ranck, Oct. 22, 1992, A.G. Op. #92-0747.

§ 29-5-79. Protection of State Capitol Building.

  1. The speaker of the House of Representatives and the Lieutenant Governor are authorized to make such regulations as they may deem necessary for preserving the peace and securing the State Capitol from defacement, and for the protection of the property therein. The Lieutenant Governor or the speaker of the House of Representatives may request the assistance of the office of general services and the State Department of Public Safety in order to preserve the peace at the State Capitol and secure the State Capitol from defacement, and for the protection of the property therein.
  2. All regulations promulgated under authority of this section shall be filed with the Secretary of State and be made available for public inspection; such regulation shall likewise be published in one (1) of the daily newspapers of the City of Jackson, and shall not become effective until the expiration of ten (10) days after the date of such filing with the Secretary of State and such publication.

HISTORY: Codes, 1942, § 8952-41; Laws, 1972, ch. 458, §§ 1, 2; Laws, 1984, ch. 488, § 20, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Penalty for defacing capitol building, see §97-7-9.

JUDICIAL DECISIONS

1.-3. [Reserved for future use.]

4. Under former §29-5-33.

1.-3. [Reserved for future use.]

4. Under former § 29-5-33.

A statute which prohibits signs, placards, advertisements, harangues, orations, loud language, parades, processions, assemblages, and partisan flags, banners, or devices on the grounds occupied by the State capitol buildings, office buildings and executive mansion infringe no constitutional limitation. Coppock v. Patterson, 272 F. Supp. 16, 1967 U.S. Dist. LEXIS 7062 (S.D. Miss. 1967).

§ 29-5-81. Description of state grounds.

Grounds of public buildings over which the Department of Finance and Administration has jurisdiction shall comprise the following:

In the City of Jackson, Mississippi:

The grounds surrounding all state buildings identified in Section 29-5-2(a)(i) and all seat of government property;

State Board of Health Complex: Bounded on the north by Stadium Drive, on the west by the property of Mississippi Hospital and Medical Service, on the south by Woodrow Wilson Avenue, on the southeast by property leased by the Mississippi Federation of Women’s Clubs and on the east by North State Street;

The Barefield Property, the Sun-n-Sand Property and any other property described in Section 1 of Chapter 542, Laws of 2009;

The Mississippi State Fairgrounds Complex, including, but not limited to, the Mississippi Coliseum, Trademart, Kirk Fordice Equine Center, Mississippi Street Armory, and all arenas, barns, buildings, campgrounds and property whatsoever; such property being bounded on the north by High Street, on the west by Jefferson Street, on the east by Greymont Street, and on the south by Greymont Street.

The grounds of Dr. Eldon Langston Bolton Building: Located in the City of Biloxi, Mississippi.

The grounds of State Service Center: Located at the intersection of U.S. Highway 49 and John Merl Tatum Industrial Drive in the City of Hattiesburg, Mississippi.

Any grounds of any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board, including, but not limited to:

1. The grounds of the National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;

2. The grounds of the Mississippi Sports Hall of Fame;

3. The grounds of the Mississippi Crafts Center;

4. The grounds of the Mississippi Children’s Museum; and

5. The grounds of the Mississippi Arts and Entertainment Center.

HISTORY: Codes, 1942, § 8952-06; Laws, 1972, ch. 326, § 7; Laws, 1980, ch. 375, § 3; Laws, 1984, ch. 488, § 21; Laws, 1996, ch. 398, § 2; Laws, 1998, ch. 424, § 2; Laws, 2001, ch. 325, § 2; Laws, 2004, ch. 301, § 4; Laws, 2008, ch. 430, § 3; Laws, 2009, ch. 542, § 3; Laws, 2013, ch. 357, § 4; Laws, 2017, ch. 330, § 2, eff from and after passage (approved Mar. 13, 2017).

Editor’s Notes —

Laws of 2008, ch. 425, § 1 provides:

“SECTION 1. (1) After consulting with the Chairmen of the Public Property Committees of the Senate and House of Representatives, the Department of Finance and Administration may sell and convey certain state-owned real property commonly known as the 101 Capitol Centre Building, located at 101 West Capitol Street, in the City of Jackson, Mississippi. Such property being more particularly described as follows:

“A parcel of land containing approximately 0.74 acres being part of Lots 8, 9, 10, 11, 12, 19, 20 and part of Lot 18 of the Bailey (Bell) Survey of 1.80 acre Subdivision of Square 17, West Jackson, as recorded in Plat Book A at Page 39 in the Office of the Chancery Clerk, the First Judicial District of Hinds County at Jackson, Mississippi. Said parcel also being situated in the Southwest one-quarter (SW 1/4) of Section 3, Township 5 North, Range 1 East, City of Jackson, First Judicial District, Hinds County, Mississippi, more particularly described as follows:

“Commencing at the intersection of the South Right-of-way line of West Capitol Street and the West Right-of-Way of Farrish Street as per the Bailey (Bell) Survey of 1.80 acre Subdivision of Square 17, West Jackson as recorded in Plat Book A at Page 39 in the Office of the Chancery Clerk, the First Judicial District of Hinds County at Jackson, Mississippi, point of intersection found to be laid out and in use in October, 1989, said point being the point of beginning.

“From the point of beginning, run thence South 00 degrees 57 minutes 00 seconds East, along the West Right-of-Way of Farrish Street, for 328.53 feet (APR), (S 00° 44’08” E for 328.83 feet APS) to the intersection of the West right-of-way of Farrish Street and the North right-of-way of Pearl Street; run thence North 80 degrees 59 minutes 19 seconds west along the North right-of-way of Pearl Street for 104.06 feet (APR), (N 80° 52’20” for 103.34 feet APS); run thence North 00 degrees 20 minutes 54 seconds East for 99.99 feet (APR), (N 00° 42’51” E for 99.97 feet APS), to the South line of Lot 12 of the Bailey (Bell) Survey; run thence North 81 degrees 52 minutes 04 seconds West along the South line of Lot 12 for 20.52 feet (APR), (N 80° 39’22” W for 21.26 feet APS) to the Southwest Corner of Lot 12; run thence North 00 degrees 35 minutes 10 seconds East along the West line of lot 12 and the West line of lot 11 for 126.50 (APR), (N 00° 57’02” E for 126.50 feet APS), to the Northwest corner of Lot 11; run thence South 82 degrees 05 minutes 06 Seconds East along the North line of Lot 11 for 47.17 feet (APR), (S 81° 44’00” E for 47.17 feet APS) to the Southwest Corner of Lot 8; run thence N 00° 29’22” E for 100.00 feet (APR), (N 00° 20’26” E for 100.00 feet APS), to the South Right-of-Way line of West Capitol Street; thence run South 81 degrees 05 minutes 00 seconds East along the South right-of-way line of West Capitol Street for 69.00 feet (APR & APS) to the point of beginning.

“(2) The real property, and the improvements thereon, described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers who shall be selected by the Department of Finance and Administration and shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) Money derived from the sale of the state-owned property authorized in this act shall be used to satisfy the outstanding lease-purchase debt on the property being sold, with the remainder of such monies to be deposited into the State General Fund.

“(4) The State of Mississippi shall retain the right to repurchase the real property sold pursuant to this act in the event such property is not used, or ceases to be used, for the intended purpose stated at the time of sale, or is otherwise abandoned by the purchaser.

“(5) The State of Mississippi shall retain all mineral rights to the real property sold pursuant to this act.

“(6) The provisions of this act shall stand repealed from and after January 1, 2010. However, any contract entered into by the Department of Finance and Administration pursuant to this act before January 1, 2010, shall remain in effect until the expiration of the contract or lease.”

Laws of 2009, ch. 542, § 1 provides for the purchase of certain parcels of real property in the vicinity of the Capitol Complex described as the “Barefield Property,” the Sun-n-Sand Property, and the property located at 633 North State Street.

Laws of 2009, ch. 557, § 52 provides:

“SECTION 52. (1) The Department of Finance and Administration is authorized to transfer and convey the state-owned 101 Capitol Centre property located at 101 West Capitol Street, Jackson, Mississippi, to Jackson State University.

“(2) The conveyance authorized in this section may be subject to terms and conditions accepted and agreed upon by the Department of Finance and Administration and Jackson State University. ”

Laws of 2009, ch. 561, § 6, as amended by Laws of 2011, ch. 507, § 4, effective April 26, 2011, provides:

“SECTION 6. The Department of Finance and Administration shall convey to the Mississippi Transportation Commission all of the right, title and interest in certain real property within the City of Jackson, Hinds County, Mississippi, described more specifically as follows:

“All of that certain block of the City of Jackson bounded by Hamilton Street on the north, Lamar Street on the west, Griffith Street on the south and North West Street on the east all being situated in and a part of Lots 1-7 of the Richard Griffith Subdivision, partially in the 9.40 acre lot Number 3 North and partially in the 10 acre lot Number 4 North of the City of Jackson, in the First Judicial District of Hinds County, Mississippi, all containing 4.30 acres more or less.”

Laws of 2010, ch. 533, § 44, provides:

“SECTION 44. (1)(a) The Mississippi Development Authority (MDA) is authorized to provide one or more interest-free nonrecourse loans to the City of Jackson, Mississippi, to assist the City of Jackson in paying the costs associated with making repairs, upgrades and improvements to portions of the city’s water and sewer systems infrastructure located in the areas within and in close proximity to the state grounds and lands described in Sections 29-5-2 and 29-5-81, Mississippi Code of 1972. The aggregate amount of all loans made under this section shall not exceed Six Million Dollars ($6,000,000.00), and the time allowed for repayment of a loan shall not exceed seven (7) years.

“(b) The City of Jackson must submit an application to the MDA. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the MDA.

“(c) The MDA shall have all powers necessary to implement and administer the loans authorized under this section, and the MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.

“(2) There is created in the State Treasury a special fund to be designated as the ‘2010 City of Jackson Water and Sewer Systems Loan Fund,‘ which shall consist of the proceeds of general obligation bonds authorized to be issued by this section and funds from any other source designated for deposit into the 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 by the MDA for the purposes described in this section.

“(3) As used in this section, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“(a) ‘Accreted value’ of any bonds means, as of any date of computation, an amount equal to the sum of (i) the stated initial value of such bond, plus (ii) the interest accrued thereon from the issue date to the date of computation at the rate, compounded semiannually, that is necessary to produce the approximate yield to maturity shown for bonds of the same maturity.

“(b) ‘State’ means the State of Mississippi.

“(c) ‘Commission’ means the State Bond Commission.

“(4) (a) The Mississippi Development Authority, at one time, or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for the loans authorized in this section. Upon the adoption of a resolution by the Mississippi Development Authority, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this subsection, the Mississippi Development Authority shall deliver a certified copy of its resolution or resolutions to the commission. Upon receipt of such resolution, the commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds so authorized to be sold and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The total amount of bonds issued under this section shall not exceed Six Million Dollars ($6,000,000.00). No bonds authorized under this section shall be issued after July 1, 2013.

“(b) The proceeds of bonds issued pursuant to this section shall be deposited into the 2010 City of Jackson Water and Sewer Systems Loan Fund created pursuant to subsection (2) of this section. Any investment earnings on bonds issued pursuant to this section shall be used to pay debt service on bonds issued under this section, in accordance with the proceedings authorizing issuance of such bonds.

“(5) The principal of and interest on the bonds authorized under this section shall be payable in the manner provided in this subsection. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-101, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty-five (25) years from date of issue, be redeemable before 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 commission.

“(6) The bonds authorized by this section shall be signed by the chairman of the commission, or by his facsimile signature, and the official seal of the commission shall be affixed thereto, attested by the secretary of the commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before 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 their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

“(7) All bonds and interest coupons issued under the provisions of this section have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this section, the commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.

“(8) The commission shall act as issuing agent for the bonds authorized under this section, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under this section from the proceeds derived from the sale of such bonds. The commission may sell such bonds on sealed bids at public sale or may negotiate the sale of the bonds for such price as it may determine to be for the best interest of the State of Mississippi. All interest accruing on such bonds so issued shall be payable semiannually or annually.

“If such bonds are sold by sealed bids at public sale, notice of the sale shall be published at least one time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, selected by the commission.

“The commission, when issuing any bonds under the authority of this section, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

“(9) The bonds issued under the provisions of this section are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are 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 provisions of this subsection.

“(10) Upon the issuance and sale of bonds under the provisions of this section, the commission shall transfer the proceeds of any such sale or sales to the 2010 City of Jackson Water and Sewer Systems Loan Fund created in subsection (2) of this section. The proceeds of such bonds shall be disbursed solely upon the order of the Mississippi Development Authority under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

“(11) The bonds authorized under this section may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this section. Any resolution providing for the issuance of bonds under the provisions of this section shall become effective immediately upon its adoption by the commission, and any such resolution may be adopted at any regular or special meeting of the commission by a majority of its members.

“(12) The bonds authorized under the authority of this section may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

“(13) Any holder of bonds issued under the provisions of this section or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under this section, or under such resolution, and may enforce and compel performance of all duties required by this section to be performed, in order to provide for the payment of bonds and interest thereon.

“(14) All bonds issued under the provisions of this section shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

“(15) Bonds issued under the provisions of this section and income therefrom shall be exempt from all taxation in the State of Mississippi.

“(16) The proceeds of the bonds issued under this section shall be used solely for the purposes therein provided, including the costs incident to the issuance and sale of such bonds.

“(17) The State Treasurer is authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under this section; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

“(18) This section shall be deemed to be full and complete authority for the exercise of the powers therein granted, but this section shall not be deemed to repeal or to be in derogation of any existing law of this state.”

Amendment Notes —

The 2004 amendment added the last paragraph in (a); and made a minor stylistic change.

The 2008 amendment, in (a), designated the formerly undesignated first through fifteenth subparagraphs as present (i) through (xv); substituted “U.S. Highway 49” for “State Highway 49” in (c); added (d); and made minor stylistic changes.

The 2009 amendment added (a)(xvi).

The 2013 amendment added (a)(xvii); and made a minor stylistic change.

The 2017 amendment, effective March 13, 2017, rewrote (a) to delete references to the following public buildings and their descriptions: New State Capitol, Governor’s Mansion, Woolfolk State Office Building, Old State Capitol and War Veterans’ Memorial Building Complex, Carroll Gartin Justice Building and Walter Sillers Office Building Complex, Heber Ladner Building, Robert E. Lee Building, Charlotte Capers Building, William F. Winter Archives and History Building, Mayfair Building, Court of Appeals Building, Central High Building, 101 Capitol Centre, and Robert G. Clark, Jr. Building; and in (d), added “including, but not limited to” at the end of the introductory paragraph and added 1 through 5.

Cross References —

Powers and duties of the public procurement review board, see §27-104-7.

Jurisdiction to enforce provisions of this section see §29-5-77.

JUDICIAL DECISIONS

1.-3. [Reserved for future use.]

4. Under former §29-5-35.

1.-3. [Reserved for future use.]

4. Under former § 29-5-35.

A statute which prohibits signs, placards, advertisements, harangues, orations, loud language, parades, processions, assemblages, and partisan flags, banners, or devices on the grounds occupied by the State capitol buildings, office buildings and executive mansion infringe no constitutional limitation. Coppock v. Patterson, 272 F. Supp. 16, 1967 U.S. Dist. LEXIS 7062 (S.D. Miss. 1967).

§ 29-5-83. Restrictions on travel and occupancy of grounds.

Public travel in and occupancy of the grounds under the authority of the Office of General Services described in Section 29-5-81 shall be restricted to the roads, walks and places prepared for that purpose by paving or otherwise. It is forbidden to occupy the roads, walks or places in such grounds in such manner as to obstruct or hinder their proper use.

HISTORY: Codes, 1942, §§ 8952-18, 8952-19; Laws, 1972, ch. 326, §§ 19, 20; Laws, 1984, ch. 488, § 22, eff from and after July 1, 1984.

Editor’s Notes —

Section §7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Jurisdiction to enforce provisions of this section see §29-5-77.

Penalties for violation of this section, see §29-5-93.

Suspension of certain prohibitions on proper occasions, see §29-5-95.

§ 29-5-85. Prohibition of sales, signs, placards, and solicitations.

It is forbidden to offer or expose any article for sale in or on such grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein.

HISTORY: Codes, 1942, § 8952-20; Laws, 1972, ch. 326, § 21, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Jurisdiction to enforce provisions of this section see §29-5-77.

Penalties for violation of this section, see §29-5-93.

Suspension of certain prohibitions on proper occasions, see §29-5-95.

OPINIONS OF THE ATTORNEY GENERAL

The statute does not apply to Mississippi Department of Corrections facilities. Johnson, July 10, 2002, A.G. Op. #02-0384.

§ 29-5-87. Injuries to structures or vegetation.

It is forbidden to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf in such grounds.

HISTORY: Codes, 1942, § 8952-21; Laws, 1972, ch. 326, § 22, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Jurisdiction to enforce provisions of this section see §29-5-77.

Penalties for violation of this section, see §29-5-93.

Suspension of certain prohibitions on proper occasions, see §29-5-95.

Penalty for defacing capitol building, see §97-7-9.

§ 29-5-89. Discharge of firearms or explosives, setting fires, uttering threatening or abusive language.

It is forbidden to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in such grounds.

HISTORY: Codes, 1942, § 8952-22; Laws, 1972, ch. 326, § 23, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Jurisdiction to enforce provisions of this section see §29-5-77.

Penalties for violation of this section, see §29-5-93.

Suspension of certain prohibitions on proper occasions, see §29-5-95.

§ 29-5-91. Parades and assemblages, display of banners.

It is forbidden to parade, stand, or move in processions or assemblages in such grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement, except as hereinafter provided.

HISTORY: Codes, 1942, § 8952-23; Laws, 1972, ch. 326, § 24, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Jurisdiction to enforce provisions of this section see §29-5-77.

Penalties for violation of this section, see §29-5-93.

Suspension of certain prohibitions on proper occasions, see §29-5-95.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state or local enactments regulating parades. 80 A.L.R.5th 255.

§ 29-5-93. Penalties.

Any person violating provisions of Sections 29-5-83 through 29-5-91 shall be punished by a fine not exceeding one hundred dollars ($100.00), or by imprisonment not exceeding sixty (60) days, or by both such fine and imprisonment. Prosecution for such offenses shall be had in the county court of the First Judicial District of Hinds County, Mississippi, upon affidavit by the attorney general of Mississippi or any of his assistants. In cases where public property is damaged in an amount exceeding one hundred dollars ($100.00), the offenses shall be punishable by imprisonment for not exceeding one (1) year.

HISTORY: Codes, 1942, § 8952-27; Laws, 1972, ch. 326, § 28, eff 30 days after passage (Enacted April 5, 1972, without approval of Governor).

Cross References —

Jurisdiction to enforce provisions of this section see §29-5-77.

§ 29-5-95. Suspension of prohibitions on proper occasions.

On certain occasions of state interest, the Office of General Services is authorized to suspend so much of the prohibitions contained in Sections 29-5-83 through 29-5-91 as would prevent the use of the roads and walks of the capitol grounds by processions or assemblages, and the use upon them of suitable decorations, music, addresses or ceremonies, provided that responsible officers shall have been appointed and arrangements determined which are adequate, in the judgment of the Office of General Services, for the maintenance of suitable order and decorum in the proceedings, and for guarding the properties and grounds from injury.

HISTORY: Codes, 1942, § 8952-24; Laws, 1972, ch. 326, § 25; Laws, 1984, ch. 488, § 23, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Jurisdiction to enforce provisions of this section see §29-5-77.

JUDICIAL DECISIONS

1.-3. [Reserved for future use.]

4. Under former §29-5-49.

1.-3. [Reserved for future use.]

4. Under former § 29-5-49.

Sections of statutes which authorize certain state officials in their own judgment or discretion to suspend the terms of laws prohibiting certain activities on grounds occupied by capitol buildings, state office buildings and the state executive mansion in favor of other activities of their choice are invalid and unconstitutional. Coppock v. Patterson, 272 F. Supp. 16, 1967 U.S. Dist. LEXIS 7062 (S.D. Miss. 1967).

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state or local enactments regulating parades. 80 A.L.R.5th 255.

§ 29-5-97. Mayfair Building renamed the Ike Sanford Veterans Affairs Building.

The Mayfair Building, located at 637 North President Street, Jackson, Mississippi, shall be renamed. The Mayfair Building shall be named the Ike Sanford Veterans Affairs Building.

HISTORY: Laws, 1979, ch. 345, eff from and after July 1, 1979.

Cross References —

Description of state grounds, see §29-5-81.

§ 29-5-99. State Executive Building renamed Heber Ladner Building.

The State Executive Building, located at 401 North Congress Street in Jackson, Mississippi, shall be renamed the Heber Ladner Building. The state building commission shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Heber Ladner Building, which states the background, accomplishments and service to the state of the Honorable Heber Ladner, Secretary of State of Mississippi from 1948 to 1980.

HISTORY: Laws, 1980, ch. 375, § 1, eff from and after July 1, 1980.

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

Cross References —

State buildings in custody of the capitol commission, see §29-5-2.

Description of Heber Ladner Building and other state grounds, see §29-5-81.

Plaque on building paid for with public funds to acknowledge contribution of taxpayers, see §29-5-151.

§ 29-5-101. 301 Lamar Street Building renamed the Robert G. Clark, Jr., Building.

The 301 Lamar Street Building in Jackson, Mississippi, shall be renamed the Robert G. Clark, Jr., Building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Robert G. Clark, Jr., Building, which states the background, accomplishments and service to the state of the Honorable Robert G. Clark, Jr.

HISTORY: Laws, 2004, ch. 301, § 1, eff from and after passage (approved Feb. 20, 2004).

Editor’s Notes —

Laws of 2004, ch. 301, § 1 provides:

“SECTION 1. WHEREAS, Robert G. Clark, Jr., former Speaker Pro Tempore of the Mississippi House of Representatives, completed nine consecutive terms as a member of the Mississippi House of Representatives from District 47, which includes Attala, Holmes and Yazoo Counties; and

“WHEREAS, Mr. Clark, a native of Holmes County, Mississippi, began his journey of contribution to Mississippi by becoming a teacher, coach and principal in our state’s school system, where he helped hundreds of youth; and

“WHEREAS, in 1968, Mr. Clark began serving in the Mississippi House of Representatives, where he became known as a fair and honest leader; and

“WHEREAS, during his tenure in the Legislature, Mr. Clark rose from freshman lawmaker to House Education Committee Chairman, where he led the House to pass many monumental educational acts, most notably the 1982 Education Reform Act, the 1984 Vocational Education Reform Act and the recent Education Enhancement Act; and

“WHEREAS, Mr. Clark’s legislative career culminated in 1992, when he was elected by his colleagues to the Office of Speaker Pro Tempore, the leadership post second only to the Speaker of the House in which he effectively served and was a role model to many; and

“WHEREAS, as the Speaker Pro Tempore, Mr. Clark served as the Chairman of the House Management Committee, which oversees the vital internal business and personnel affairs of the House; and

“WHEREAS, because of his long and distinguished career of public service to the people of Mississippi, and due to his outstanding work in the community, which is greatly valued by many, including the Mississippi National Association for the Advancement of Colored People (NAACP), we wish to express our appreciation to and respect for Robert G. Clark, Jr., by renaming the 301 Lamar Street Building in his honor; NOW, THEREFORE,”

Cross References —

Plaque on building paid for with public funds to acknowledge contribution of taxpayers, see §29-5-151.

§ 29-5-103. New Justice Building to be named the Carroll Gartin Justice Building.

The new justice building undergoing construction on February 20, 2004 and sitting next to the Carroll Gartin Justice Building at the corner of West and High Streets in Jackson, Mississippi, shall also be named and known as the Carroll Gartin Justice Building upon the demolition of its predecessor. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Carroll Gartin Justice Building, which states the background, accomplishments and service to the state of the Honorable Carroll Gartin. Carroll Gartin died while serving his third term as Lieutenant Governor of the State of Mississippi and had spent many years of his adult life in public service, including municipal judge, wartime combat army officer, two-term mayor and three-term Lieutenant Governor.

HISTORY: Laws, 2004, ch. 301, § 2, eff from and after passage (approved Feb. 20, 2004).

Cross References —

Plaque on building paid for with public funds to acknowledge contribution of taxpayers, see §29-5-151.

§ 29-5-105. Authorization for display of “In God We Trust,” the 10 Commandments, and the Beatitudes at public buildings and other government property.

  1. “In God We Trust” and the Ten Commandments may be displayed in all public buildings at the discretion of the governing authorities.
  2. The Beatitudes and the Ten Commandments may be displayed on any government property in Mississippi.

HISTORY: Laws, 2005, ch. 504, § 6, eff from and after passage (approved Apr. 20, 2005).

§ 29-5-107. Mississippi Department of Transportation Building designated “William J. ‘Billy’ McCoy Building.”

The Mississippi Department of Transportation Building, located at 401 North West Street in Jackson, Hinds County, Mississippi, shall be renamed the “William J. ‘Billy’ McCoy Building.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable William J. “Billy” McCoy. The Department of Finance and Administration in conjunction with the Mississippi Department of Transportation shall erect or cause to be erected proper lettering or signage on the eastern outdoor facade of the building facing North West Street displaying the official name of the building as the “William J. ‘Billy’ McCoy Building.”

HISTORY: Laws, 2011, ch. 508, § 4, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 2011, ch. 508, § 7, provides:

“SECTION 7. This act shall take effect and be in force from and after its passage [April 26, 2011], except for Sections 4, 5 and 6, which shall take effect and be in force from and after July 1, 2011.”

§ 29-5-109. Mississippi Emergency Management Agency Building designated “Haley R. Barbour Building”; portion of public lobby designated “Mississippi Civil Defense/Emergency Management Association Memorial Wall.”

  1. The Mississippi Emergency Management Agency Building, located at 1 Mema Drive in Pearl, Rankin County, Mississippi, shall be named the “Haley R. Barbour Building.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable Governor Haley R. Barbour. The Department of Finance and Administration in conjunction with the Mississippi Emergency Management Agency shall erect or cause to be erected proper lettering or signage on the outdoor facade of the building displaying the official name of the building as the “Haley R. Barbour Building.”
  2. The northeast corner of the public lobby on the main floor of the Haley R. Barbour Building is designated as the “Mississippi Civil Defense/Emergency Management Association Memorial Wall” to recognize persons who have made significant accomplishments in emergency management.

HISTORY: Laws, 2011, ch. 508, § 5; Laws, 2014, ch. 362, § 1, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 2011, ch. 508, § 7, provides:

“SECTION 7. This act shall take effect and be in force from and after its passage [April 26, 2011], except for Sections 4, 5 and 6, which shall take effect and be in force from and after July 1, 2011.”

Amendment Notes —

The 2014 amendment added (2).

§ 29-5-111. Public Employees’ Retirement System of Mississippi Building renamed the “Timothy Alan (Tim) Ford Building.”

The Public Employees’ Retirement System of Mississippi Building, located at 429 Mississippi Street in Jackson, Hinds County, Mississippi, shall be renamed the “Timothy Alan (Tim) Ford Building.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable Timothy Alan (Tim) Ford. The Department of Finance and Administration in conjunction with the Public Employees’ Retirement System of Mississippi shall erect or cause to be erected proper lettering or signage on the northern outdoor facade of the building facing Mississippi Street displaying the official name of the building as the “Timothy Alan (Tim) Ford Building.” Nothing in this section shall infringe on the authority or responsibilities of the Board of Trustees as it relates to the ownership of the Public Employees’ Retirement System of Mississippi Building. The Public Employees’ Retirement System of Mississippi Building is an asset of the Public Employees’ Retirement System Trust Fund by virtue of the Constitution, Section 272-A, and title thereto shall remain in the name of the system. Accordingly, no funds of the system shall be used in the implementation of this section. Any and all funds necessary to accomplish this section will be appropriated by the Legislature for such purpose.

HISTORY: Laws, 2016, ch. 442, § 1, eff from and after July 1, 2016.

§ 29-5-113. Mississippi Department of Environmental Quality Building renamed the “Patrick Alan Nunnelee Building.”

The Mississippi Department Of Environmental Quality Building, located at 515 East Amite Street in Jackson, Hinds County, Mississippi, shall be renamed the “Patrick Alan Nunnelee Building.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable Congressman Patrick Alan Nunnelee. The Department of Finance and Administration in conjunction with the Mississippi Department Of Environmental Quality shall erect or cause to be erected proper lettering or signage on the northern outdoor facade of the building facing Amite Street displaying the official name of the building as the “Patrick Alan Nunnelee Building.” Any and all funds necessary to accomplish this act will be appropriated by the Legislature for such purpose.

HISTORY: Laws, 2017, ch. 387, § 1, eff from and after July 1, 2017.

Plaques on Public Buildings

§ 29-5-151. Plaque on building paid for with public funds to acknowledge contribution of taxpayers.

Whenever a sign or plaque is to be placed upon a building or other facility or structure, which is constructed and located in the state and paid for wholly or partially by funds of the state or any political subdivision thereof, upon completion of the construction of the building to commemorate or honor the architects, contractors and builders of the building and/or any of the governing authorities in office at that time, the persons responsible for designing and constructing the sign or plaque shall have placed upon it, above the names of anyone else and in prominent lettering which is the same size or larger than any other lettering on the sign or plaque, the words “This Building (or Facility or Structure) Was Paid For By The Taxpayers of_______________ ” (indicating the State of Mississippi and/or any other political subdivision or subdivisions thereof which funded the construction of the building).

This section shall apply only to buildings or other facilities or structures, the construction of which is completed on or after July 1, 1980.

HISTORY: Laws, 1980, ch. 370, eff from and after July 1, 1980.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in this section. The words “constructing the sign or plague” were changed to “constructing the sign or plaque.” The Joint Committee ratified the correction at its April 28, 1999, meeting.

Cross References —

Authority of counties to construct various buildings, see §§19-3-41,19-5-33,19-5-45,19-5-47,19-7-1,19-9-1.

Municipal buildings, see §21-37-1.

OPINIONS OF THE ATTORNEY GENERAL

If a structure was wholly or partially paid for by funds from the state or any political subdivision, then the specific wording required by Section 29-5-151 must be placed on the sign or plaque. However, Section 29-5-151 imposes no requirement that a plaque be placed, but only addresses the wording to be used in the event a plaque is placed. Galloway, August 14, 1995, A.G. Op. #95-0546.

Regulation of Smoking in Public Buildings

§ 29-5-160. Short title.

Sections 29-5-160 through 29-5-163 shall be known and may be cited as the “Mississippi Clean Indoor Air Act.”

HISTORY: Laws, 2006, ch. 470, § 1 eff from and after July 1, 2006.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error in the undesignated heading substituting “Regulation of smoking in Public Building” for “Regulation of Smoking in State Office Building.” The Joint Committee ratified the correction at its June 26, 2007, meeting.

§ 29-5-161. Smoking prohibited in government and university or college classroom buildings; exceptions.

  1. As used in this section:
    1. “Smoke” or “smoking” means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco.
    2. “Government building” means all state buildings identified in Section 29-5-2(a)(i) through (iv), the Public Employees’ Retirement System Building and any other facility in the state that is owned or leased by the State of Mississippi or any agency, department or institution of the state and that is used for housing state employees during the time of performance of their regular duties for the state; any building owned, rented, leased, occupied or operated by the state, including the legislative, executive and judicial branches of state government; any county, municipality or any other political subdivision of the state; any public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. If only part of a facility is leased by the state or an agency, department or institution of the state, or any county, municipality or other political subdivision of the state, only the leased part of the facility will be considered to be a government building for the purposes of this definition. The term “government building” shall not include any building owned or leased by the state institutions of higher learning or the public community and junior colleges or any space in a government building used by law enforcement officers.
    3. “University or college classroom building” means any building used by the state institutions of higher learning or the public community and junior colleges exclusively for student instructional purposes. The term includes classrooms, auditoriums, theaters, laboratories, hallways and restrooms. Smoking policies applicable in the private offices of faculty and staff and other “smoking permitted” space may be determined by each academic and administrative department.
  2. No person shall smoke in any government building, except as follows: The State Veterans Affairs Board may designate smoking areas in the state veterans homes operated by the board in which smoking will be permitted.
  3. No person shall smoke in any university or college classroom building.
  4. The person, agency or entity having jurisdiction or supervision over a government building or university/college classroom building shall not allow smoking in the government or university/college classroom building, except in designated smoking areas as authorized in subsection (2) of this section, and shall use reasonable efforts to prevent smoking in such building, including, but not limited to, the following:
    1. Posting appropriate signs informing employees, invitees, guests and other persons that smoking is prohibited in the building.
    2. Securing the removal of persons who smoke in the building.

HISTORY: Laws, 2000, ch. 551, § 1; Laws, 2004, ch. 301, § 5; Laws, 2006, ch. 470, § 2; Laws, 2007, ch. 386, § 1; Laws, 2017, ch. 330, § 3, eff from and after passage (approved Mar. 13, 2017).

Amendment Notes —

The 2004 amendment substituted “Robert G. Clark, Jr. Building” for “301 Lamar Street Building” in (1)(b).

The 2006 amendment rewrote the section to provide that there be no designated smoking areas in state office buildings and to provide that smoking prohibitions apply to any state, county or municipal government building and public university and college classroom buildings.

The 2007 amendment added the exception following “any government building” in (2); and inserted “except in designated smoking areas as authorized in subsection (2) of this section” in (4).

The 2017 amendment, effective March 13, 2017, rewrote the first sentence of (1)(b), which read: “ ‘Government building’ means the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Heber Ladner Building, the Department of Transportation Building, the Robert E. Lee Office Building, the Robert G. Clark, Jr. Building, the State Board of Health Building, the Public Employees’ Retirement System Building, the Central High Building, the Court of Appeals Building, the War Veterans’ Memorial Building, the State Archives Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Burroughs Building, the Ike Sanford Veterans Affairs Building, 101 Capitol Centre and any other facility in the state that is owned or leased by the State of Mississippi or any agency, department or institution of the state and that is used for housing state employees during the time of performance of their regular duties for the state; any building owned, rented, leased, occupied or operated by the state, including the legislative, executive and judicial branches of state government; any county, municipality or any other political subdivision of the state; any public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.”

OPINIONS OF THE ATTORNEY GENERAL

Because there is no prohibition on smoking on the grounds of government buildings, the appropriate governing authority retains its discretion to manage its property and to designate smoking areas outside the building. Stringer, July 26, 2006, A.G. Op. 06-0317.

§ 29-5-163. Section 29-5-161 not to be construed to permit smoking where otherwise restricted or to prohibit adoption of certain ordinances.

Section 29-5-161 shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or to prohibit any municipality or county from adopting additional ordinances with regard to the use of smoking in public places.

HISTORY: Laws, 2006, ch. 470, § 3 eff from and after July 1, 2006.

Cross References —

“Smoking” defined, see §29-5-161.

Capitol Complex Improvement District

§ 29-5-201. Definitions.

As used in Sections 29-5-201 through 29-5-217:

“District” means the Capitol Complex Improvement District.

“Improvement projects” means the following types of projects in the public areas of the district:

Street reconstruction, resurfacing and other repairs to roadways, curbs and gutters;

Bridge construction, reconstruction and repair;

Reconstructing and repairing of surface water drainage systems including street drains, ditches, culverts and other components of the system;

Installing and replacing street lighting;

Installing and replacing traffic signals;

Installation of new water and sewer lines and rehabilitation of existing water and sewer lines serving the district, including those portions extending beyond the district boundary required to perform the work;

Reconstruction and repair of parks and public rights-of-way;

Reconstruction and repair of sidewalks along public streets;

Planting and replacing landscaping materials, trees, and site amenities within public parks and rights-of-way;

Relocation underground of power and communication lines serving the district, including those portions extending beyond the district boundary required to perform the work; and

Infrastructure, public safety, and other improvements as determined necessary by the Executive Director of the Department of Finance and Administration.

HISTORY: Laws, 2017, ch. 444, § 1, eff from and after July 1, 2017.

§ 29-5-203. Capitol Complex Improvement District created; composition.

There is created the Capitol Complex Improvement District to be composed of the following described area in the City of Jackson, Mississippi, that surrounds the State Capitol Building:

CAPITOL COMPLEX PROPOSED BOUNDARIES

• Beginning at a point on the west bank of the Pearl River determined by extending the south curb line of High Street east until it meets the bank of the Pearl River;

• Then north along the west bank of the Pearl River (extending along the southern boundary of LeFleur’s Bluff State Park) until it reaches a point on such bank determined by extending the east curb line of Ridgewood Road south until it meets the bank of the Pearl River;

• Then north along such line determined by extending the east curb line of Ridgewood Road and continuing along such curb line until it reaches the northern drainage ditch of Eastover Drive;

• Then west along the northern drainage ditch and curb line of Eastover Drive until it reaches the western curb line of the west frontage road of I-55;

• Then south along the west curb line of such frontage road until it reaches the northern curb line of Lakeland Drive;

• Then west along the northern curb line of Lakeland Drive until it reaches the eastern curb line of Old Canton Road;

• Then north along the east curb line of Old Canton Road until it reaches the northern curb line of Meadowbrook Road;

• Then west along the north curb line of Meadowbrook Road to the west curb line of North State Street;

• Then south along the west curb line of North State Street to the north curb line of Hartfield Street;

• Then west along the north curb line of Hartfield Street to the west curb line of Oxford Avenue;

• Then south on the west curb line of Oxford Avenue to the north curb line of Mitchell Avenue which becomes Stonewall Street;

• Then west along the north curb line of Mitchell Street and then Stonewall Street until it reaches the west curb line of Livingston Road;

• Then south along the west curb line of Livingston Road until it reaches the south curb line of Woodrow Wilson Drive;

• Then east along the south curb line of Woodrow Wilson Drive to the west curb line of Bailey Avenue (which becomes Gallatin Street);

• Then south along the west curb line of Bailey Avenue and then Gallatin Street until it reaches the north curb line of West Capitol Street;

• Then west along the north curb line of West Capitol Street until it intersects with the north curb line of Robinson Road;

• Then west on the north curb line of Robinson Road until it intersects with the west curb line of Prentiss Street;

• Then south along the west curb line of Prentiss Street until it intersects with the north curb line of John R. Lynch Street on the west side of Jackson State University;

• Then west on the north curb line of John R. Lynch Street until it reaches the west curb line of Valley Street;

• Then south along the west curb line of Valley Street until it reaches the south curb line of Morehouse Street;

• Then east along the south curb line of Morehouse Street until it reaches the west curb line of Dalton Street;

• Then south along the west curb line of Dalton Street until it reaches the south curb line of Florence Avenue;

• Then east along the south curb line of Florence Avenue until it reaches the east curb line of University Blvd. (Terry Road);

• Then north and along the east curb line of University Blvd. until it reaches the south curb line of Hooker Street;

• Then east along the south curb line of Hooker Street extending in a straight line to the railroad tracks;

• Then north on the west side of such railroad tracks to the south curb line of South Street;

• Then east on South Street to the east curb line of Jefferson Street and extend the south curb line of South Street in a straight line to the east to the western edge of I-55;

• Then north along the western edge of I-55 until it reaches the south curb line of High Street;

• Then east along the south curb line of High Street and extending such line to the Pearl River and the point of the beginning.

HISTORY: Laws, 2017, ch. 444, § 2, eff from and after July 1, 2017.

§ 29-5-205. Executive Director of Department of Finance and Administration to implement, supervised and administer improvement projects.

  1. The Executive Director of the Department of Finance and Administration or his or her designee shall implement, supervise and administer improvement projects paid for with funds from the Capitol Complex Improvement District Project Fund, and may accept funds and services from other sources to use for the purposes provided in Sections 29-5-201 through 29-5-217.
  2. Subject to the limitation on funds provided for in Section 29-5-215, the executive director may employ persons as he or she considers necessary for the proper implementation, supervision and administration of improvement projects funded in whole or in part by funds from the Capitol Complex Improvement District Project Fund.
  3. Subject to the limitation on funds provided for in Section 29-5-215, the Department of Finance and Administration shall be reimbursed from the Capitol Complex Improvement District Project Fund for the cost of providing necessary personnel, services and other expenses it incurs in performing its duties under Sections 29-5-201 through 29-5-217.

HISTORY: Laws, 2017, ch. 444, § 3, eff from and after July 1, 2017.

Cross References —

Capitol Complex Improvement District Project Fund, see §29-5-215.

§ 29-5-207. Department of Finance and Administration to make reasonable efforts when placing out for bid department contracts to increase pool of qualified DBE bidders.

The Department of Finance and Administration shall make commercially reasonable efforts to place out for bid, such that Mississippi Contractors and Mississippi Disadvantaged Business Enterprises (“DBEs”) shall have an equal opportunity to respond to such bid, any contract by the department which (a) is subject to tax pursuant to Section 27-65-21 (i.e., contracts for constructing, building, erecting, grading, excavating, etc.), and (b) will be paid, or payment thereunder by the department will be reimbursed, using any portion of the funds in the Capitol Complex Improvement District Project Fund created in Section 29-5-215. In carrying out such efforts, in order to increase the pool of qualified DBE bidders, the department will request that successful prime contract bidders include in their response a commitment to (a) participate in and/or host forums that highlight subcontract bidding opportunities for DBEs; and (b) work with various trade associations and the Mississippi Development Authority to promote increased participation from DBEs.

HISTORY: Laws, 2017, ch. 444, § 4, eff from and after July 1, 2017.

§ 29-5-209. Comprehensive plan for improvement projects.

The Department of Finance and Administration shall develop and adopt a comprehensive plan for improvement projects in consultation with the Capitol Complex Improvement District Project Advisory Committee. Improvement projects shall be coordinated with the City of Jackson to the greatest extent possible. The plan shall attempt to incorporate the needs of the city, the Department of Finance and Administration, Jackson State University, the University of Mississippi Medical Center, the Mississippi Department of Archives and History, and the commission established by the City of Jackson pursuant to Section 27-65-241. Any plans developed by the Department of Finance and Administration shall not duplicate efforts undertaken by such commission. Improvement projects undertaken under Sections 29-5-201 through 29-5-217 shall comport with the plan and shall not be subject to approvals, permits or fees assessed by the City of Jackson. The plan may be updated at any time and shall be completely updated every five (5) years.

HISTORY: Laws, 2017, ch. 444, § 5, eff from and after July 1, 2017.

§ 29-5-211. Comprehensive plan and updates to be posted on Department of Finance and Administration website.

The Department of Finance and Administration shall post the comprehensive plan and any updates on their website as well as an annual status report of all projects funded under Sections 29-5-201 through 29-5-217.

HISTORY: Laws, 2017, ch. 444, § 6, eff from and after July 1, 2017.

§ 29-5-213. Capitol Complex Improvement District Advisory Committee created; composition.

  1. There is created the Capitol Complex Improvement District Project Advisory Committee composed of the following nine (9) members:
    1. The Mayor of the City of Jackson or his or her designee;
    2. One (1) member appointed by the City Council of the City of Jackson with an initial term of one (1) year and subsequent regular terms of four (4) years;
    3. Two (2) members appointed by the Governor, one (1) for an initial term of two (2) years and one (1) for an initial term of four (4) years, both with subsequent regular terms of four (4) years;
    4. One (1) member appointed by the Lieutenant Governor for an initial term of four (4) years and subsequent regular terms of four (4) years;
    5. One (1) member appointed by the Speaker of the House of Representatives for an initial term of two (2) years and subsequent regular terms of four (4) years;
    6. One (1) member appointed by the President of Jackson State University;
    7. One (1) member appointed by the Vice Chancellor for Health Affairs of University of Mississippi Medical Center; and
    8. The Director of the City of Jackson Department of Public Works or his or her designee.

      The member appointed under paragraph (b) of this subsection (1) shall be a resident of the City of Jackson in Hinds County.

  2. Members appointed to the committee shall not also serve as members of the commission established by the City of Jackson pursuant to Section 27-65-241. Appointed members shall serve without compensation at the will and pleasure of the appointing authority.
  3. The committee shall elect a chairman and such other officers as it considers necessary from among its members.
  4. A majority of the members of the committee shall constitute a quorum for the conduct of meetings and all actions of the committee shall be by a majority vote.
  5. The committee shall consult with the Department of Finance and Administration and advise the department in the development of comprehensive plans for improvement projects in the city and any changes to such plans.
  6. The committee shall meet, subject to call by the Executive Director of the Department of Finance and Administration, at least quarterly to conduct business.

HISTORY: Laws, 2017, ch. 444, § 7, eff from and after July 1, 2017.

§ 29-5-215. Capitol Complex Improvement District Project Fund created; use of fund money; Department of Finance and Administration authorized to incur debt to pay costs of implementing and administering improvement projects in the district.

  1. There is created in the State Treasury the Capitol Complex Improvement District Project Fund, into which shall be deposited the money specified in Section 27-65-75(1)(c) and such other money from whatever source derived.
  2. An amount not to exceed five percent (5%) of the amount deposited into the fund may be utilized to reimburse the Department of Finance and Administration for the cost of providing necessary personnel, services or other expenses it incurs in performing its duties under Sections 29-5-201 through 29-5-217.
  3. An amount not to exceed ten percent (10%) of the amount deposited into the fund may be utilized, in the discretion of the Executive Director of the Department of Finance and Administration, to compensate the City of Jackson for general police and fire protection provided by the city in the Capitol Complex Improvement District created in Section 29-5-203 and for police coverage for major events conducted within such district.
  4. An amount of not less than eighty-five percent (85%) of the amount deposited into the fund, which shall be designated as “improvement project funds,” shall be utilized within the district for improvement projects in accordance with the comprehensive plan described in Section 29-5-209. In addition to fully funding improvement projects, money in the fund may be utilized to fund a portion of an improvement project in cases in which other funds are available for a project and may be used as leverage or matching funds for projects in the district that comport with the district’s comprehensive plan.
  5. Money in the fund shall be expended upon appropriation by the Legislature. Unexpended amounts remaining in the fund at the end of the state fiscal year shall not lapse into the State General Fund, and investment earnings on amounts in the fund shall be deposited to the credit of the fund.
  6. The Department of Finance and Administration, with the concurrence of the State Bond Commission, is authorized to incur debt, including notes or other evidences of indebtedness, for the purpose of paying the costs of implementing and administering the improvement projects outlined in the comprehensive plan established pursuant to Section 29-5-209. Any debt incurred to pay such costs may be secured by the sales tax revenue that is required to be deposited to the Capitol Complex Improvement District Project Fund under Section 27-65-75(1)(c). All notes or certificates of indebtedness issued for purposes of this subsection shall mature in approximately equal installments of principal and interest over a period not to exceed five (5) years from the date of issuance thereof. The maximum amount of debt that may be incurred by the Department of Finance and Administration under this subsection shall not exceed Seven Million Dollars ($7,000,000.00).

HISTORY: Laws, 2017, ch. 444, § 8, eff from and after July 1, 2017; Laws, 2018, ch. 363, § 1, eff from and after passage (approved March 16, 2018).

Amendment Notes —

The 2018 amendment, effective March 16, 2018, added (6).

§ 29-5-217. Responsibility of City of Jackson to provide police coverage for major events conducted within district and to maintain district infrastructure and completed improvement projects.

  1. The City of Jackson shall provide police coverage for major events conducted within the district.
  2. The City of Jackson shall maintain all infrastructure and completed improvement projects within the district.

HISTORY: Laws, 2017, ch. 444, § 9, eff from and after July 1, 2017.

Chapter 7. Mineral Leases of State Lands

§ 29-7-1. Transfer of duties and responsibilities of mineral lease commission to Major Economic Impact Authority.

  1. The Mississippi Major Economic Impact Authority shall be the mineral lease commission, and shall exercise the duties and responsibilities of the mineral lease commission under the provisions of Section 29-7-1 et seq.
  2. The words “mineral lease commission,” whenever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Major Economic Impact Authority.
  3. The term “commission” means the Mississippi Major Economic Impact Authority.

HISTORY: Codes, 1942, § 5947; Laws, 1932, ch. 114; Laws, 1936, ch. 191; Laws, 1944, ch. 239, § 1; Laws, 1978, ch. 458, § 23; Laws, 1978, ch. 484, § 31; Laws, 2000, ch. 516, § 6; Laws, 2004, ch. 482, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment substituted “Major Economic Impact Authority” for “Commission on Environmental Quality” throughout the section; deleted ‘through the Mississippi Department of Environmental Quality insofar as practicable‘ in (1); and substituted “Section 29-7-1 et seq.” for “Chapter 2 of Title 49, Mississippi Code of 1972”.

Cross References —

Qualifications of attorney general, see §7-5-1.

Duties of state treasurer generally, see §7-9-9.

Duties and powers of the Secretary of State generally, see §7-11-11.

Easements for pipelines over state-owned land, see §§29-1-101 et seq.

State oil and gas board generally, see §§53-1-1 et seq.

Agreements by public officers for cooperative development and operation of oil, gas, and mineral leases, see §53-3-51.

RESEARCH REFERENCES

ALR.

Right of mineral lessee to deposit topsoil, waste materials, and the like on the lessor’s additional land not being mined. 26 A.L.R.2d 1453.

Construction and effect of provision in mineral lease excusing payment of minimum rent or royalty. 28 A.L.R.2d 1013.

Am. Jur.

38 Am. Jur. 2d, Gas and Oil §§ 1-4, 307, 308.

53A Am. Jur. 2d, Mines and Minerals §§ 31 et seq.

Law Reviews.

1982 Mississippi Supreme Court Review: Miscellaneous: Mineral Leasing of State-Owned Lands. 53 Miss LJ 199, March 1983.

§ 29-7-3. Lease of state lands for minerals; exploration or testing permits; mineral royalties; Gulf and Wildlife Protection Fund; authority to lease; restrictions on offshore drilling.

There shall be no development or extraction of oil, gas, or other minerals from state-owned lands by any private party without first obtaining a mineral lease therefor from the commission. The commission is hereby authorized and empowered, for and on behalf of the state, to lease any and all of the state land now owned (including that submerged or whereover the tide may ebb and flow) or hereafter acquired, to some reputable person, association, or company for oil and/or gas and/or other minerals in and under and which may be produced therefrom, excepting, however, sixteenth section school land, lieu lands, and such forfeited tax land and property the title to which is subject to any lawful redemption, for such consideration and upon such terms and conditions as the commission deems just and proper. No mineral lease of offshore lands shall allow offshore drilling operations north of the coastal barrier islands, except in Blocks 40, 41, 42, 43, 63, 64 and 66 through 98, inclusive. Further, surface offshore drilling operations will not be allowed within one (1) mile of Cat Island. The commission may only offer for lease the state-owned lands in Blocks 40, 41, 42, 43, 63, 64 and 66 through 98, inclusive, as shown on the Mississippi Department of Environmental Quality Bureau of Geology Plat of Lease Blocks (Open File Report 151) on terms and conditions and for a length of time as determined by the commission. The commission may not lease any lands or submerged lands off the Mississippi Gulf Coast that have been leased by the Department of Marine Resources before January 1, 2004, for any public or private oyster reef lease or any lands or submerged lands within one (1) mile of that lease for the purposes of drilling offshore for oil, gas and other minerals.

Consistent with the conservation policies of this state under Section 53-1-1 et seq., the commission may offer for public bid any tracts or blocks of state-owned lands not currently under lease, which have been identified to the commission as having development potential for oil or natural gas, not less than once a year. Upon consultation with the Office of Geology in the Mississippi Department of Environmental Quality, the Secretary of State and any other state agency as the commission deems appropriate, the commission shall promulgate rules and regulations consistent with this chapter governing all aspects of the process of leasing state lands within its jurisdiction for mineral development, including the setting of all terms of the lease form to be used for leasing state-owned lands, any necessary fees, public bidding process, delay rental payments, shut-in royalty payments, and such other provisions as may be required. The Attorney General shall review the lease form adopted by the commission for legal sufficiency.

There shall not be conducted any seismographic or other mineral exploration or testing activities on any state-owned lands within the mineral leasing jurisdiction of the commission without first obtaining a permit therefor from the commission. Upon consultation with the Office of Geology in the Mississippi Department of Environmental Quality, the Secretary of State and any other state agency as the commission deems appropriate, the commission shall promulgate rules and regulations governing all aspects of seismographic or other mineral exploration activity on state lands within its jurisdiction, including the establishing of fees and issuance of permits for the conduct of such mineral exploration activities. The Attorney General shall review the permit form adopted by the commission for legal sufficiency. Provided, however, that persons obtaining permits from the commission for seismographic or other mineral exploration or testing activities on state-owned wildlife management areas, lakes and fish hatcheries, shall be subject to rules and regulations promulgated therefor by the Mississippi Commission on Wildlife, Fisheries and Parks which shall also receive all permit fees for such testing on said lands. In addition, persons obtaining permits from the commission for seismographic or other mineral exploration or testing activities on state-owned marine waters shall be subject to rules and regulations promulgated therefor by the Mississippi Department of Marine Resources which shall also receive all permit fees for such testing on those waters.

Further, provided that each permit within the Mississippi Sound or tidelands shall be reviewed by the Mississippi Commission on Marine Resources and such special conditions as it may specify will be included in the permit. Information or data obtained in any mineral exploration activity on any and all state lands shall be disclosed to the state through the commission, upon demand. Such information or data shall be treated as confidential for a period of ten (10) years from the date of receipt thereof and shall not be disclosed to the public or to any firm, individual or agency other than officials or authorized employees of this state. Any person who makes unauthorized disclosure of such confidential information or data shall be guilty of a misdemeanor, and upon conviction thereof, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the county jail not more than one (1) year, or both.

Whenever any such land or property is leased for oil and gas and/or other minerals, such lease contract shall provide for a lease royalty to the state of at least three-sixteenths (3/16) of such oil and gas or other minerals, same to be paid in the manner prescribed by the commission. Of the monies received in connection with the execution of such leases, five-tenths of one percent (5/10 of 1%) shall be retained in a special fund to be appropriated by the Legislature, One Hundred Thousand Dollars ($100,000.00) of which amount to be used by the commission for the administration of the leasing and permitting under this section, and the remainder of such amount shall be deposited into the Education Trust Fund, created in Section 206A, Mississippi Constitution of 1890; and two percent (2%) shall be paid into a special fund to be designated as the “Gulf and Wildlife Protection Fund,” to be appropriated by the Legislature, one-half (1/2) thereof to be apportioned as follows: an amount which shall not exceed One Million Dollars ($1,000,000.00) shall be used by the Mississippi Department of Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources solely for the purpose of cleanup, remedial or abatement actions involving pollution as a result of the exploration or production of oil or gas, and any amount in excess of such One Million Dollars ($1,000,000.00) shall be deposited into the Education Trust Fund, created in Section 206A, Mississippi Constitution of 1890. The remaining one-half (1/2) of such Gulf and Wildlife Protection Fund to be apportioned as follows: an amount which shall not exceed One Million Dollars ($1,000,000.00) shall be used by the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources for use first in the prudent management, preservation, protection and conservation of existing waters, lands and wildlife of this state and then, provided such purposes are accomplished, for the acquisition of additional waters and lands and any amount in excess of such One Million Dollars ($1,000,000.00) shall be deposited into the Education Trust Fund, created in Section 206A, Mississippi Constitution of 1890. However, in the event that the Legislature is not in session to appropriate funds from the Gulf and Wildlife Protection Fund for the purpose of cleanup, remedial or abatement actions involving pollution as a result of the exploration or production of oil or gas, then the Mississippi Department of Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources may make expenditures from this special fund account solely for said purpose. The commission may lease the submerged beds for sand and gravel on such a basis as it may deem proper, but where the waters lie between this state and an adjoining state, there must be a cash realization to this state, including taxes paid for such sand and gravel, equal to that being had by such adjoining state, in all cases the requisite consents therefor being lawfully obtained from the United States.

The Department of Environmental Quality is authorized to employ competent engineering personnel to survey the territorial waters of this state in the Mississippi Sound and the Gulf of Mexico and to prepare a map or plat of such territorial waters, divided into blocks of not more than six thousand (6,000) acres each with coordinates and reference points based upon longitude and latitude surveys. The commission is authorized to adopt such survey, plat or map for leasing of such submerged lands for mineral development; and such leases may, after the adoption of such plat or map, be made by reference to the map or plat, which shall be on permanent file with the commission and a copy thereof on file in the Office of the State Oil and Gas Board.

HISTORY: Codes, 1942, § 5948; Laws, 1932, ch. 114; Laws, 1942, ch. 241; Laws, 1968, ch. 608, § 1; Laws, 1982, ch. 455, § 1; Laws, 1984, ch. 488, § 187; Laws, 1986, ch. 399, § 1; Laws, 2000, ch. 516, § 7; Laws, 2004, ch. 482, § 2, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error. The word “of” was substituted for the word “on” so that “Department on Marine Resource” reads “Department of Marine Resources” everywhere it appears in the section. The Joint Committee ratified this correction at its August 5, 2008, meeting.

Editor’s Notes —

Laws of 2004, ch. 482, § 6 provides:

“SECTION 6. From and after July 1, 2004, the board of supervisors of a county shall reduce the ad valorem taxes levied by the county in an amount equal to one-half (1/2) of the county’s share of the revenue derived from the oil and gas severance tax under Sections 27-25-505 and 27-25-705 as a result of offshore drilling on the Mississippi Gulf Coast. From and after July 1, 2004, the governing authorities of a municipality shall reduce the ad valorem taxes levied by the municipality in an amount equal to one-half (1/2) of the municipality’s share of the revenue derived from the oil and gas severance tax under Sections 27-25-505 and 27-25-705 as a result of offshore drilling on the Mississippi Gulf Coast.”

Amendment Notes —

The 2004 amendment rewrote the section.

Cross References —

Leasing of mineral interests retained by county on land conveyed for state park purposes, see §19-7-21.

Mineral leases of sixteenth section lands and lieu lands, see §29-3-99.

Civil and criminal proceedings and penalties for enforcement of this section, see §29-7-17.

State oil and gas board, generally, see §§53-1-1 et seq.

Agreements for cooperative development and operation of oil, gas and mineral leases by public officers, see §53-3-51.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

Lands under nonnavigable waters subject to ebb and flow of tide are within public trust given to states upon their entry into Union; therefore, state had power to issue oil and gas leases for those lands despite claims of private claimants who traced their record title to lands to prestatehood Spanish land grants. Phillips Petroleum Co. v. Mississippi, 484 U.S. 469, 108 S. Ct. 791, 98 L. Ed. 2d 877, 1988 U.S. LEXIS 939 (U.S. 1988).

Members of State Mineral Lease Commission which held void deeds to complainant’s realty could be made defendants under statute authorizing cancellation suit by rightful owner against person holding invalid deeds, although Commission had not taken actual possession of or trespassed upon realty. State Mineral Lease Com. v. Lawrence, 171 Miss. 442, 157 So. 897, 1934 Miss. LEXIS 265 (Miss. 1934).

Rule that equity will not proceed until all parties whose interests will be substantially affected by decree are before court and fact that State was real party in interest did not preclude suit against members of State Mineral Lease Commission to cancel void deeds to complainant’s realty held by Commission. State Mineral Lease Com. v. Lawrence, 171 Miss. 442, 157 So. 897, 1934 Miss. LEXIS 265 (Miss. 1934).

RESEARCH REFERENCES

Am. Jur.

38 Am. Jur. 2d, Gas and Oil § 307.

53A Am. Jur. 2d, Mines and Minerals §§ 31 et seq.

17 Am. Jur. Pl & Pr Forms (Rev), Mines and Minerals, Forms 1 et seq. (acquiring, clearing, and defending mining rights and titles).

12B Am. Jur. Legal Forms 2d, Mines and Minerals §§ 175:224 et seq. (mining leases).

CJS.

58 C.J.S., Mines and Minerals § 171.

Law Reviews.

1982 Mississippi Supreme Court Review: Miscellaneous: Mineral Leasing of State-Owned Lands. 53 Miss. L. J. 199, March 1983.

§ 29-7-5. Drilling contracts.

When any state land mentioned in this chapter is known to be within a well defined proven oil and/or gas field, is subject to waste or dissipation, has not been heretofore leased or under contract, is so situated that the production of such oil and/or gas is needed and useful to the state for any of its buildings and/or institutions and can be profitably used because any such state-owned building or institution is situated thereon or in the immediate vicinity thereof, or when the state needs to drill any well or wells to protect its mineral resources, the said commission is authorized and empowered, in its discretion, to make contracts within the limit of appropriations made for such purposes; said contracts to be let, in the manner now provided by law for letting public contracts, for drilling a well or wells on such land or lands mentioned in this section for oil and/or gas, completing the said well or wells as a producer of oil and/or gas, and connecting any such well or wells to any such state-owned property or institution for use of the production therefrom for fuel or other purposes.

The commission is hereby further authorized and empowered in its discretion to proceed to drill under its own direction such well or wells on such state land as it may deem advisable, and to employ such drillers and employees as will be necessary in carrying on such operations; and said commission is further authorized in its discretion to purchase, lease, or hire any machinery, tools, and other equipment necessary for drilling such well or wells, to be paid for by the commission out of any funds appropriated by the legislature for the purpose of carrying out the provisions of this chapter. The said commission may, in its discretion, sell or contract the sale of any surplus oil and/or gas not needed by any state building or institution produced from any such well or wells, or may exchange or dispose of any of same by reciprocal agreement in order to serve any distant state-owned institution, but any oil, gas and/or other mineral so disposed of shall not be so disposed of at any amount or value less than the market price thereof.

Said commission shall determine in all cases whether it would be to the best interest of the state to dispose of said resources by lease or proceed by contract to drill to the actual exploration and exploitation of said resources by the state itself, and shall be governed entirely by a consideration of the best interest of the state.

HISTORY: Codes, 1942, § 5949; Laws, 1932, ch. 114; Laws, 1936, ch. 191.

Cross References —

Powers of state oil and gas board generally, see §53-1-17.

Regulation by state oil and gas board of drilling and production from wells, see §53-3-5.

RESEARCH REFERENCES

Am. Jur.

9 Am. Jur. Legal Forms 2d, Gas and Oil, §§ 129:673, 129:685. (drilling contracts).

§ 29-7-7. Pipe lines.

The state mineral lease commission is authorized and empowered to contract for the construction and/or laying and operation of a suitable state-owned pipe line or lines for the transportation of any state-owned natural gas and/or oil for use by the state-owned buildings and/or institutions as fuel or other purposes, whenever said commission shall determine that the same will be for the best interest of the state and/or any of its buildings or institutions. Said commission shall construct and lay any such state-owned pipe line mentioned in this section where practicable in, under, and along any street, alley, sidewalk, road, or other public property, and where necessary may exercise the right of eminent domain for sufficient right of way and/or easement in, under, and along private property in the manner provided by law for the exercise of the right of eminent domain by the state in other cases.

HISTORY: Codes, 1942, § 5950; Laws, 1932, ch. 114.

Editor’s Notes —

Section 29-7-1 provides that the words “mineral lease commission,” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Commission on Natural Resources.

Section 49-2-6 however, provides that wherever the term “Mississippi Commission on Natural Resources” appears in any law the same shall mean the Mississippi Commission on Environmental Quality.

Cross References —

Right of eminent domain for pipelines, see §11-27-47.

Power of municipality to grant rights of way for pipelines, see §21-27-5.

Easements for pipelines over stated owned lands, see §§29-1-101 et seq.

RESEARCH REFERENCES

Am. Jur.

61 Am. Jur. 2d, Pipelines §§ 1-7.

§ 29-7-9. Record.

The state mineral lease commission shall keep a well-bound book for the purpose of keeping the minutes of all its proceedings, contracts, papers, and records, all of which shall be printed or written therein in full, and shall keep a permanent file in such place and manner containing all original contracts and/or leases as shall be designated by the commission.

HISTORY: Codes, 1942, § 5951; Laws, 1932, ch. 114.

Editor’s Notes —

Section 29-7-1 provides that the words “mineral lease commission,” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Commission on Natural Resources. Subsequently, Section 49-2-6 provided that wherever the term “Mississippi Commission on Natural Resources” appears in any law the same shall mean the Mississippi Commission on Environmental Quality.

§ 29-7-11. Repealed.

Repealed by Laws, 1978, ch. 484, § 32, eff from and after July 1, 1979.

§29-7-11. [Codes, 1942, § 5952; Laws, 1932, ch. 114; Laws, 1936, ch. 191]

Editor’s Notes —

Former §29-7-11 pertained to the quorum of state mineral commission.

§ 29-7-13. Proceeds of leases.

All sums of money realized and/or received from the sale of any and all oil or gas or other minerals, lease contract, rentals, royalties, or otherwise, contemplated by this chapter, shall be immediately deposited in the general fund of the state treasury.

HISTORY: Codes, 1942, § 5953; Laws, 1932, ch. 114.

§ 29-7-14. Proceeds from leases of sixteenth section school lands or lieu lands located in area defined as coastal wetlands.

That the state mineral lease commission is hereby authorized to pay to the proper local taxing district in which are located sixteenth section school lands or lieu lands that fall within the definition of coastal wetlands, that portion of funds received from leases entered into or royalties received from the exploring or exploiting of oil, gas or other minerals on such lands. Such monies shall be paid to the local taxing district entitled to such funds under the law and used for school purposes.

HISTORY: Laws, 1978, ch. 403, § 1, eff from and after passage (approved March 23, 1978).

Editor’s Notes —

Section 29-7-1 provides that the words “mineral lease commission,” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Commission on Natural Resources. Subsequently, Section 49-2-6 provided that wherever the term “Mississippi Commission on Natural Resources” appears in any law the same shall mean the Mississippi Commission on Environmental Quality.

Cross References —

Mineral leases of sixteenth section school lands or lieu lands executed by board of supervisors of counties, see §29-3-99.

Mineral leases of lands of institutions of higher learning, see §37-101-153.

Coastal Wetlands Protection Law, see §§49-27-1 et seq.

Oil, gas and other minerals, generally, see §§53-1-1 et seq.

§ 29-7-15. Repealed.

Repealed by Laws, 1978, ch. 484, § 32, eff from and after July 1, 1979.

§29-7-15. [Codes, 1942, § 5954; Laws, 1932, ch. 114]

Editor’s Notes —

Former §29-7-15 related to appropriations for the mineral lease commission.

§ 29-7-17. Civil and criminal penalties to enforce Section 29-7-3.

  1. Any person found by the commission to be violating any of the provisions of Section 29-7-3, or any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit shall be subject to a civil penalty of not more than Ten Thousand Dollars ($10,000.00) for each violation, such penalty to be assessed and levied by the commission after a hearing as hereinafter provided. Each day upon which a violation occurs shall be deemed a separate and additional violation. Appeals from the imposition of a civil penalty may be taken to the appropriate chancery court in the same manner as appeals from the orders of the commission. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, on the condition that if the judgment shall be affirmed the appellant shall pay all costs of the assessment entered against him.
  2. In lieu of, or in addition to, the penalty provided in subsection (1) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Section 29-7-3, rules and regulations promulgated, and orders and permits made and issued thereunder, in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and it shall not be necessary in such cases that the state plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation.
  3. Any person who violates any of the provisions of, or fails to perform any duty imposed by, Section 29-7-3 or any rule or regulation issued hereunder, or who violates any order or determination of the commission promulgated pursuant to such section, and causes the death of fish, shellfish, or other wildlife shall be liable, in addition to the penalties provided in subsections (1), (2), (4) and (5) of this section, to pay to the state an additional amount equal to the sum of money reasonably necessary to restock such waters or replenish such wildlife as determined by the commission after consultation with the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources. Such amount may be recovered by the commission on behalf of the state in a civil action brought in the appropriate county or circuit court of the county in which venue may lie.
  4. Any person who, through misadventure, happenstance or otherwise causes damage to or destruction of state-owned lands or structures or other property thereon necessitating remedial or cleanup action shall be liable for the cost of such remedial or cleanup action and the commission may recover the cost of same by a civil action brought in the circuit court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsections (1), (2), (3) and (5) of this section.
  5. It shall be unlawful for any person to conduct unauthorized mineral exploration, development, or extraction activity or to violate the provisions of Section 29-7-3 or the rules and regulations of the commission which relate to mineral exploration, development, or extraction activity and, upon conviction thereof, such person shall be guilty of a misdemeanor, and fined not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) for each offense. Each day on which such violation occurs or continues shall constitute a separate offense.
  6. In lieu of or in addition to the penalties prescribed hereinabove, any person convicted by a court of law or found guilty by the commission of unlawful mineral extraction activity on state-owned lands shall repay to the state the fair market value of the minerals unlawfully extracted.
  7. Proceedings before the commission on civil violations prescribed hereinabove shall be conducted in the manner set forth in this chapter.

HISTORY: Laws, 1982, ch. 455, § 2; Laws, 2000, ch. 516, § 8; Laws, 2004, ch. 482, § 3, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error. The word “of” was substituted for the word “on” so that “Department on Marine Resource” reads “Department of Marine Resources” everywhere it appears in the section. The Joint Committee ratified this correction at its August 5, 2008, meeting.

Amendment Notes —

The 2004 amendment added “and the Mississippi Department on Marine Resources” at the end of the first sentence in (3); and rewrote (7).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Law Reviews.

1982 Mississippi Supreme Court Review: Miscellaneous: Mineral Leasing of State-Owned Lands. 53 Miss. L. J. 199, March 1983.

§ 29-7-19. Hearings.

  1. The hearings, as provided under Section 29-7-21(1), may be conducted by the commission itself at a regular or special meeting of the commission, or the commission may designate a hearing officer, who may conduct such hearings in the name of the commission at any time and place as conditions and circumstances may warrant. The hearing officer shall have the record prepared of any hearing that he has conducted for the commission. The record shall be submitted to the commission along with that hearing officer’s findings of fact and recommended decision. Upon receipt and review of the record of the hearing and the hearing officer’s findings of fact and recommended decision, the commission shall render its decision in the matter. The decision shall become final after it is entered on the minutes and shall be considered the final administrative agency decision on the matter. The decision may be appealed under Section 29-7-21(2).
  2. All hearings before the commission shall be recorded either by a court reporter, tape or mechanical recorders and subject to transcription upon order of the commission or any interested party, but if the request for transcription originates with an interested party, that party shall pay the cost thereof.

HISTORY: Laws, 2004, ch. 482, § 4, eff from and after July 1, 2004.

§ 29-7-21. Appeals.

  1. Any person or interested party aggrieved by any final rule, regulation, permit or order of the commission may file a petition with the commission within thirty (30) days after the final rule, regulation, permit or order is entered on the minutes. The petition shall set forth the grounds and reasons for the complaint and request a hearing of the matter involved. However, there shall be no hearing on the same subject matter that has previously been held before the commission or its designated hearing officer. The commission shall fix the time and place of the hearing and notify the petitioners thereof. In pending matters, the commission shall have the same powers as to subpoenaing witnesses, administering oaths, examining witnesses under oath and conducting the hearing, as is now vested by law in the Mississippi Public Service Commission, as to hearings before it, with the additional power that the executive director may issue all subpoenas, both at the instance of the petitioner and of the commission. At the hearings the petitioner, and any other interested party, may offer exhibits, present witnesses, and otherwise submit evidence, as the commission deems appropriate. After the hearing, the commission’s decision shall be deemed the final administrative agency decision on the matter.
  2. Any interested person aggrieved by any final rule, regulation, permit or order of the commission issued under this section, regardless of the amount involved, may appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, which shall be taken and perfected as hereinafter provided, within thirty (30) days from the date that the final rule, regulation or order is filed for record in the office of the commission. The chancery court may affirm the rule, regulation, permit, or order, or reverse the same for further proceedings as the court may require. All appeals shall be on the record, taken and perfected, heard and determined either in termtime or in vacation, including a transcript of pleadings and testimony, both oral and documentary, filed and heard before the commission, and the appeal shall be heard and disposed of promptly by the court as a preference cause. In perfecting any appeal provided by this section, the provisions of law respecting notice to the reporter and the allowance of bills of exception, now or hereafter in force respecting appeals from the chancery court to the Supreme Court, shall be applicable. However, the reporter shall transcribe his notes and file the transcript of the record with the board within thirty (30) days after approval of the appeal bond.
  3. Upon the filing with the commission of a petition for appeal to the Hinds County Chancery Court, it shall be the duty of the commission, as promptly as possible and within sixty (60) days after approval of the appeal bond, if required, to file with the clerk of the chancery court to which the appeal is taken, a copy of the petition for appeal and of the rule, regulation, permit or order appealed from, and the original and one (1) copy of the transcript of the record of proceedings in evidence before the commission. After the filing of the petition, the appeal shall be perfected by the filing with the clerk of the chancery court to which the appeal is taken of bond in the sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of the appeal; the bond to be approved by any member of the commission, or by the clerk of the court to which the appeal is taken. The perfection of an appeal shall not stay or suspend the operation of any rule, regulation, permit or order of the board, but the judge of the chancery court to which the appeal is taken may award a writ of supersedeas to any rule, regulation, permit or order of the commission after five (5) days’ notice to the commission and after hearing. Any order or judgment staying the operation of any rule, regulation, permit or order of the commission shall contain a specific finding, based upon evidence submitted to the chancery judge and identified by reference thereto, that great or irreparable damage would result to the appellant if he is denied relief, and the stay shall not become effective until a supersedeas bond shall have been executed and filed with and approved by the clerk of the court or the chancery judge, payable to the state. The supersedeas bond shall be in an amount fixed by the chancery judge to protect the lessee or permittee from loss or damage from the stay and conditioned as the chancery judge may direct in the order granting the supersedeas. If the appeal is of a commission order concerning the lease of state lands for minerals, that appeal shall be given priority over other matters pending in the chancery court. If the appeal is of a commission permit, that appeal shall be given priority over other matters pending in chancery court.

HISTORY: Laws, 2004, ch. 482, § 5, eff from and after July 1, 2004.

Chapter 9. Inventories of State Property

§ 29-9-1. Inventories to be made by heads of state agencies.

The state auditor of public accounts shall require the heads of all state agencies to make an inventory of all lands, buildings, equipment, furniture, and other personal property owned by or under the control of the respective agencies, except highway rights of way owned or acquired by the Mississippi state highway commission. The inventories shall be made on forms to be prescribed and furnished by said state auditor. Agencies, including the legislature, which have on file proper inventories on August 8, 1968, shall not be required to make new inventories, but the remaining provisions of this chapter respecting inventories shall be applicable thereto.

HISTORY: Codes, 1942, § 3853-01; Laws, 1962, ch. 484, § 1; Laws, 1968, ch. 506, § 3, eff from and after passage (approved August 8, 1968).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Inventory of state-owned building in areas of the state affected by Hurricane Katrina or flood plain areas, see §29-13-5.

§ 29-9-3. Content.

The inventories herein required shall show the name, description, serial number, purchase or construction date, and the cost or purchase price of each article or piece of property, and any further information which the state auditor may require. A number shall be securely attached to each piece of furniture, equipment, or other property designated by the auditor not having a serial number, and the number shall be used in inventories as a serial number. Estimates may be used for purchase prices and dates on items purchased prior to January, 1946, provided records of same are not available.

HISTORY: Codes, 1942, § 3853-02; Laws, 1962, ch. 484, § 2, eff from and after July 1, 1962.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 29-9-5. Execution and certification.

Each inventory shall be executed in duplicate, the copy shall be retained by the maker for his files, and the original shall be delivered to the state auditor of public accounts. The original shall be certified by the heads of the respective institutions, departments, commissions, and agencies, or a responsible bonded property officer designated by him.

HISTORY: Codes, 1942, § 3853-03; Laws, 1962, ch. 484, § 3, eff from and after July 1, 1962.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 29-9-7. Master inventory compiled.

The auditor of public accounts shall compile or cause to be compiled from the inventories thus submitted to him one master inventory for the state as a whole, which shall be available for inspection to all state officials and newly elected or appointed officials who are about to take office.

HISTORY: Codes, 1942, § 3853-04; Laws, 1962, ch. 484, § 4, eff from and after July 1, 1962.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 29-9-9. Disposal of obsolete or unnecessary property.

  1. Whenever any vehicle, equipment, office furniture, office fixture or any other personal property which has been acquired or is owned by any institution, department or agency of the State of Mississippi becomes obsolete or is no longer needed or required for the use of such institution, department or agency, the same may be: (a) sold for cash, transferred, traded or exchanged for other property, furniture, equipment, fixture or vehicle needed by said institution, department or agency after having first obtained the written approval of the Governor’s Office of General Services and the State Auditor or approval by the Legislative Budget Office if utilized under the jurisdiction of the Legislature; or (b) donated to any institution, department or agency of the State of Mississippi, or any political subdivision or local governing authority of the state. The singular shall include the plural. Transfers, trades, exchanges or donations made pursuant to this subsection may be made to any political subdivision or local governing authority of the State of Mississippi.
  2. The proceeds of all cash sales made, as authorized in this section, shall be paid over into the support and maintenance or contingent fund of the institution, department or agency as it deems best.
  3. The head of each state institution, department or agency shall be responsible and liable personally and on his official bond, in the amount of the value shown on the state inventory, for the disposal of any property contrary to the provisions of this section.
  4. The Office of General Services, on the approval of the Public Procurement Review Board, is hereby authorized and empowered to make reasonable rules and regulations and to require such information as may be necessary to carry out the purpose and provisions of this section.
  5. Any violation of the provisions hereof by any elected head of any institution, department, commission or agency of the State of Mississippi, or any appointee or employee of any institution, department, agency or commission coming under the provisions of this section, shall constitute a misdemeanor and, upon conviction therefor, shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00) in addition to personal and official liability, as hereinabove provided.
  6. The disposal of any unneeded personal property at the project described in Section 57-75-5(f)(vi), may be made in accordance with the provisions of the Mississippi Major Economic Impact Act by the Mississippi Major Economic Impact Authority, under such rules and regulations as may be adopted by such authority.
  7. The disposal of any alternative housing units purchased through the Mississippi Alternative Housing Pilot Program may be made by the Mississippi Emergency Management Agency as required by federal law to be in compliance with regulations of the federal articles of agreement and its awarded conditions, and upon approval of the Public Procurement Review Board.

HISTORY: Codes, 1942, § 4065.5; Laws, 1948, ch. 361, §§ 1-6; Laws, 1955, Ex Sess ch. 25, §§ 1, 2; Laws, 1984, ch. 488, § 188; Laws, 1996, ch. 554, § 6; Laws, 1997, ch. 593, § 2; Laws, 2003, ch. 441, § 3; Laws, 2008, ch. 378, § 1, eff from and after passage (approved Mar. 31, 2008).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compliation, Revision and Publication of Legislation corrected a reference in subsection (6). The reference to “ Section 57-75-5(f)(vii)” was changed to “ Section 57-75-5(f)(vi).” The Joint Committee ratified the correction at its September 18, 2000, meeting.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 7-7-2 provides that the words ‘State Auditor of Public Accounts,’ ‘State Auditor’ and ‘Auditor’ appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Section 341, ch. 488, Laws of 1984, provides as follows:

SECTION 341. “Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Amendment Notes —

The 2003 amendment rewrote (6).

The 2008 amendment added (7).

Cross References —

Joint legislative budget committee and legislative budget office, generally, see §§27-103-101 et seq.

Creation of the public procurement review board, see §27-104-7.

Mississippi Emergency Management Agency, see §33-15-7.

Mississippi Major Economic Impact Act generally, see §§57-75-1 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

All state institutions, departments and agencies may donate any of the personal property listed in Miss. Code section 29-9-9 to any one or more state institutions, departments or agencies or to any one or more state political subdivisions or local governing authorities. Pittman, Aug. 1, 1997, A.G. Op. #97-0463.

Regional housing authorities fall within the definition of “local governing authority” as used in this section, an entity to which property may be donated by a state agency. Shaifer, May 17, 1999, A.G. Op. #99-0255.

The Mississippi Emergency Management Agency may transfer manufactured home units, provided by the federal government after a hurricane for temporary housing, to Region 8 Mississippi Regional Housing Authority. Shaifer, May 17, 1999, A.G. Op. #99-0255.

A state agency may donate to other state agencies or to political subdivisions personal property that has become obsolete or is no longer needed or required for the use of the agency (modifying opinions to Bryant dated February 12, 1999 and to Osborne dated March 26, 1999). Bryant, June 9, 1999, A.G. Op. #99-0021.

§ 29-9-11. Report of additions and deletions.

On or before the fifteenth day of each month, the heads of all state agencies shall add to their inventory or inventories the items purchased or otherwise acquired during the last preceding month in the same manner as set forth in the original inventory, and indicate items that have been disposed of and that should be deleted therefrom, showing how and where disposals were made. Should there be no change in the inventory, a report shall be filed so indicating. This additional list and items to be deleted shall be submitted to the auditor of public accounts, to be used to add to or delete from the inventory or inventories in his office.

HISTORY: Codes, 1942, § 3853-05; Laws, 1962, ch. 484, § 5, eff from and after July 1, 1962.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 29-9-13. Physical audit.

Representatives of the State Auditor’s office under the direction of the State Auditor, in making regular audits of the different state agencies, shall make a check or physical audit of the actual items or properties shown on their inventories and related records. Each state agency, the Secretary of the Senate, and the Clerk of the House of Representatives, when requested to do so, shall furnish a competent person or persons to assist in this check or physical audit. The auditor shall keep his records current at all times and shall report to the agency concerned and the general status of the inventory involved, on the completion of each audit.

HISTORY: Codes, 1942, § 3853-06; Laws, 1962, ch. 484, § 6; Laws, 1984, ch. 488, § 189; Laws, 2012, ch. 567, § 3; Laws, 2013, ch. 520, § 3, eff from and after July 1, 2013.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Amendment Notes —

The 2012 amendment added the (1) designation, and therein, in the first sentence, substituted “State Auditor’s office” for “state department of audit” and “State Auditor” for “state auditor of public accounts,” and deleted “shall reconcile all invoices and records with the agencies’ property inventories, and” following “different state agencies,” in the last sentence, deleted “any such changes made” following “shall report to the agency concerned,” and deleted the last two sentences, which read: “This report shall also be included in the audit reports of the state department of audit covering the different state agencies. The state auditor shall use such reports from the state department of audit to correct and maintain current the inventories in his office,” and added (2).

The 2013 amendment deleted the (1) designator and former (2) which read: “The provisions of this section shall stand repealed on July 1, 2015.”

Cross References —

Heads of state institutions, departments or agencies responsible and personally liable for disposal of property contrary to the provisions of §29-9-9, see §29-9-9.

Provision that, in the event that a physical audit reveals that items which are included on an agency’s inventory are missing or otherwise unaccounted for, the Executive Director of The Department of Finance and Administration is authorized to proceed to recover the value of the missing items, see §29-9-17.

§ 29-9-15. Rules and regulations.

The auditor of public accounts, on approval of the attorney general, is hereby authorized and empowered to make reasonable rules and regulations and to require such additional information as may be necessary to carry out the provisions and purposes of the inventory requirements of this chapter.

HISTORY: Codes, 1942, § 3853-07; Laws, 1962, ch. 484, § 7, eff from and after July 1, 1962.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 29-9-17. Liability for failure to make inventory; recovery of value of missing items.

  1. If any officer or employee of any state agency shall refuse or fail to make any inventory or supplemental inventory thereto as required herein, or to do so in the manner prescribed by the State Auditor, the State Auditor shall proceed to make, or cause to be made, the inventory or supplemental inventory; and the expense thereof shall be personally borne by said officer or employee, and he shall be responsible on his official bond for the payment of the expense.
  2. In the event that an examination conducted pursuant to Section 29-9-13 finds items that are included on an agency’s inventory which are missing and otherwise unaccounted for, the State Auditor has the authority to proceed under the provisions of Section 7-7-211 to recover the value of the missing items. The demand shall be made against the head of the agency, the agency’s property officer and/or the appropriate officer or employee, if identified.

HISTORY: Codes, 1942, § 3853-08; Laws, 1962, ch. 484, § 8; Laws, 1986, ch. 488, § 7, eff from and after passage (approved April 15, 1986).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 29-9-19. Repealed.

Repealed by Laws, 2009, ch. 546, § 23, effective upon passage, April 15, 2009.

§29-9-19. [Codes, 1942, § 3853-09; Laws, 1962, ch. 484, § 9, eff from and after July 1, 1962.]

Editor’s Notes —

Former §29-9-19 required the Director of the Agricultural Extension Service of Mississippi State University to report monthly to the State Auditor an inventory of horses, mules, cows and other livestock.

§ 29-9-21. Complete and current records and reports.

It is the purpose of this chapter to provide for more accurate, detailed, and readily available inventory information on all state property, said records to be maintained on machine equipment in the office of the auditor of public accounts. In carrying out the purpose hereof, it shall be the duty of the auditor to maintain his records complete and current and make such reports to the governor and the legislature whenever required, or when the said auditor, in his discretion, finds it necessary to make other and additional reports.

HISTORY: Codes, 1942, § 3853-10; Laws, 1962, ch. 484, § 11; Laws, 1984, ch. 488, § 190, eff from and after July 1, 1984.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Chapter 11. Energy Conservation in Public Buildings [Repealed]

§§ 29-11-1 through 29-11-13. Repealed.

Repealed by Laws, 1978, ch. 523, § 8, from and after July 1, 1979.

§29-11-1. [En, Laws, 1978, ch. 523, § 1]

§29-11-3. [En, Laws, 1978, ch. 523, § 2]

§29-11-5. [En, Laws, 1978, ch. 523, § 3]

§29-11-7. [En, Laws, 1978, ch. 523, § 4]

§29-11-9. [En, Laws, 1978, ch. 523, § 5]

§29-11-11. [En, Laws, 1978, ch. 523, § 6]

§29-11-13. [En, Laws, 1978, ch. 523, § 7]

Editor’s Notes —

Former §§29-11-1 through 29-11-13 made provisions for conservation of energy in public buildings.

Chapter 13. Flood Insurance for State-Owned Buildings

§ 29-13-1. Purchase of business property insurance and business personal property insurance on all state-owned buildings and contents thereof; participation in National Flood Insurance Program.

  1. The Department of Finance and Administration (“department”) shall purchase and maintain business property insurance and business personal property insurance on all state-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The department is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The department is authorized to enter into agreements with other state agencies, local school districts, community/junior college districts, state institutions of higher learning and community hospitals to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
  2. The Department of Finance and Administration is required to purchase and maintain flood insurance under the National Flood Insurance Program (42 USCS, Section 4001 et seq.) as required by federal law on state-owned buildings and/or contents. To meet the requirements of participation in such program, the department is further required to adopt floodplain management criteria and procedures in accordance with the rules and regulations of 24 CFR, Chapter X, Subchapter B (National Flood Insurance Program), established by the United States Department of Housing and Urban Development pursuant to the National Flood Insurance Act of 1968 (Public Law 90-448) as amended and by the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended, and any supplemental changes to such rules and regulations. The department shall adopt the floodplain management criteria set forth in 24 CFR, Chapter X, Section 1910.3, on an emergency basis immediately upon passage of this chapter and until such time as final regulations and criteria are developed by the department. Final regulations, criteria and procedures shall be implemented by the department within ninety (90) days after passage of this chapter. Such criteria and procedures shall apply to any new construction or substantial improvement of state-owned buildings and other state-owned development located in floodplain areas as identified in conjunction with the National Flood Insurance Program. The department shall enforce the floodplain management criteria and procedures adopted by the department pursuant to this section.
  3. No state agency shall be authorized to expend any state, federal or special funds for the construction, renovation, repair or placement of any structure in a designated floodplain, floodway or coastal high hazard area, or to allow for the construction, renovation, repair or placement of any privately owned structure onto state-owned land in a designated floodplain, floodway or coastal high hazard area unless such agency has previously obtained the necessary permits required by the Department of Finance and Administration to comply with the regulations of the Federal Emergency Management Agency (FEMA), National Flood Insurance Program and the state’s floodplain management regulations.

HISTORY: Laws, 1979, 1st Ex Sess. ch. 5, § 1; Laws, 1984, ch. 488, § 191; Laws, 1994, ch. 449, § 1; Laws, 2005, 5th Ex Sess, ch. 24, § 1, eff from and after passage (approved Oct. 24, 2005).

Editor's Notes —

The administration of the National Flood Insurance Program was transferred from the U.S. Department of Housing and Urban Development to the Federal Emergency Management Agency (FEMA) in 1979, and the regulations in 24 CFR, Chapter X, Subchapter B were transferred and redesignated to 44 CFR, Chapter I, Subchapter B. The floodplain management criteria set forth in 24 CFR, Chapter X, Section 1910.3, which is referenced in subsection (2) of this section, has been transferred to 44 CFR, Chapter I, Section 60.3.

Amendment Notes —

The 2005 amendment, 5th Ex Sess, ch. 24, added (1) and redesignated former (1) and (2) as present (2) and (3); in (2), substituted “Department of Finance and Administration” for “Office of General Services” in the introductory language, and substituted “department” for “Office of General Services” throughout; and, in (3), inserted “Federal Emergency Management Agency (FEMA).”

Cross References —

Filing claims for damages under flood insurance policies, see §29-13-3.

OPINIONS OF THE ATTORNEY GENERAL

Governmental entities constructing or improving structures within a city would have the same obligation to comply with the city’s floodplain ordinance as they would the city’s zoning ordinance and building codes. Mitchell, June 26, 2006, A.G. Op. 06-0219.

RESEARCH REFERENCES

ALR.

Damage within coverage of water damage insurance. 4 A.L.R.2d 532.

§ 29-13-3. Filing claims; expenditures.

The Department of Finance and Administration shall file any claims for damages covered under the Hurricane Katrina Disaster of 2005 or subsequent flood insurance policies purchased pursuant to Section 29-13-1. The proceeds of any such claim for damage to a state-owned building shall be paid to the Department of Finance and Administration and the State of Mississippi, which is authorized to expend such proceeds to repair or replace such damaged building.

HISTORY: Laws, 1979, 1st Ex Sess. ch. 5, § 2; Laws, 1984, ch. 488, § 192; Laws, 1992, ch. 396, § 1; Laws, 2005, 5th Ex Sess, ch. 24, § 2, eff from and after passage (approved Oct. 24, 2005).

Amendment Notes —

The 2005 amendment, 5th Ex Sess, ch. 24, rewrote the section.

§ 29-13-5. Inventory of state-owned buildings in flood plain areas.

The Department of Finance and Administration shall compile an inventory of all state-owned buildings in any area of the state affected by the Hurricane Katrina Disaster of 2005 or any floodplain areas and any necessary data concerning such buildings. Each agency, board, commission, department and institution of the state shall cooperate in the preparation of the inventory and shall submit any information required by the department in a timely manner which will allow the inventory to be finalized and presented to the appropriate federal and state agencies. Such information shall include the specific location and, where available, the elevation of all state-owned buildings under the jurisdiction of the agency, board, commission, department or institution in any hurricane hazard or floodplain areas.

HISTORY: Laws, 1979, 1st Ex Sess. ch. 5, § 3; Laws, 2005, 5th Ex Sess, ch. 24, § 3, eff from and after passage (approved Oct. 24, 2005).

Amendment Notes —

The 2005 amendment, 5th Ex Sess, ch. 24, rewrote the section.

Chapter 15. Public Trust Tidelands

§ 29-15-1. Definitions.

“Commission” means the Mississippi Commission on Marine Resources.

“Local tidal datum” means the datum established for a specific tide station through the use of tidal observations made at th