MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs

By: Representative Simmons (100th)

AN ACT TO AMEND SECTION 65-7-91, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN COUNTIES WHICH ARE NOT REQUIRED TO OPERATE ON A COUNTYWIDE SYSTEM OF ROAD ADMINISTRATION STATIONS FOR THE WORKING OF THE PUBLIC ROADS MAY BE LOCATED ONLY ON LAND OWNED BY THE COUNTY OR ON SIXTEENTH SECTION SCHOOL LANDS OR LANDS GRANTED IN LIEU THEREOF; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 65-7-91, Mississippi Code of 1972, is amended as follows:

[With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:]

65-7-91. The board of supervisors may buy or rent land upon which to establish stations for the working of the public roads, and may erect barns, sheds, and other necessary buildings thereon; but in no case shall said board buy over two (2) acres of land for any one (1) station. If the said board shall not be able to purchase or lease, upon terms satisfactory to it, a site selected by them for a station, or in case it is unable to agree with any landowner as to the amount of compensation he or they shall receive for any land so selected, then said board may proceed to obtain said site by eminent domain, and the right of eminent domain is hereby conferred upon the boards of supervisors for said purposes. Notwithstanding any other provisions of this section to the contrary, from and after January 1, 2000, no station for the working of the public roads may be located except on land owned by the county or on sixteenth section school lands or lands granted in lieu thereof.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]

65-7-91. The board of supervisors may, for the benefit of the county, buy or lease real property upon which to establish facilities for the working of the public roads, and may erect barns, sheds, and other necessary buildings thereon for the working of the public roads; however, only real property belonging to or under the control of the state or some other governmental entity may be leased at no more than fair market value by the county for such purposes and any such lease shall be for a term of not less than twenty-five (25) years. On or before October 1, 1990, the board shall establish and maintain one (1) central road repair and maintenance facility for the county or may designate an existing facility as the central road repair and maintenance facility for the county. Additional road repair and maintenance facilities may be established if the board of supervisors, by resolution duly adopted and entered on its minutes, determines the establishment of any such facilities to be essential for the effective and efficient management of the county road and bridge programs. From and after October 1, 1990, no road repair and maintenance facilities shall be located on any land not owned by the county or leased by the county in accordance with this section unless such facilities are located on sixteenth section school lands or lands granted in lieu thereof. If the board is not able to purchase, upon terms satisfactory to it, a site selected by it for a facility, or in case the board is unable to agree with any landowner as to the amount of compensation he is to receive for any real property so selected, then the board may proceed to obtain the property by eminent domain, and the right of eminent domain is hereby conferred upon the boards of supervisors for such purposes.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.