MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Representative Dedeaux

AN ACT TO AMEND SECTION 29-3-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN EXCHANGES OF SEPARATE NONCONTIGUOUS PARCELS OF SIXTEENTH SECTION LIEU LANDS FOR SINGLE CONTIGUOUS TRACTS OF LAND; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 29-3-15, Mississippi Code of 1972, is amended as follows:

29-3-15. (1) 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 * * * Sections 29-3-15 through 29-3-25, and the proceeds from such sales may be invested in the manner prescribed by law.

(2) If a school district has under its jurisdiction and control land granted in lieu of sixteenth section lands which is located in the same county as the school district and the lieu land consists of separate, noncontiguous parcels containing less than sixty (60) acres each, then the separate, noncontiguous lieu land parcels may be exchanged for one (1) contiguous tract of land in the county. The value of the separate parcels of lieu land and the contiguous tract proposed to be exchanged shall be established by a qualified appraiser, and the value of the contiguous tract must be equal to or greater than the combined, total value of the separate noncontiguous lieu land parcels. In addition, the acreage of the contiguous tract of land proposed to be exchanged for the lieu land parcels may not be less than ninety percent (90%) of the total acreage of the separate, noncontiguous tracts of lieu land.

Before any lieu lands may be exchanged for a contiguous tract of land under this subsection, the county board of supervisors must approve the contiguous tract of land proposed to be exchanged for the separate lieu land parcels and its location. The exchange also must be approved by the school board of the school district and the Secretary of State. The instrument of exchange shall be signed by the superintendent of the school district on order of the school board and by the Secretary of State. Title to the land received in exchange of the lieu lands shall be in fee simple and shall be received in the name of the State of Mississippi, which land shall be held and reserved in trust for the use and support of the school district exercising jurisdiction and control over such land.

All expendable funds derived from the contiguous tract of land received in exchange for the separate lieu land parcels shall be credited to the school district to which the contiguous tract belongs. The funds shall be invested in the manner provided by law and shall not be expended except for the purpose of the education of the children of the school district to which the contiguous tract belongs.

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