MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Senator(s) Cuevas

AN ACT TO AMEND SECTION 29-3-13, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE EXCHANGE OF CERTAIN PARCELS OF SIXTEENTH SECTION LIEU LAND BY THE LOCAL SCHOOL BOARD FOR A TRACT OF LAND OF THE SAME OR GREATER VALUE UNDER CERTAIN CONDITIONS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 29-3-13, Mississippi Code of 1972, is amended as follows:

29-3-13. (1) 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.

(2) 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.

(3) In the event that a school district has under its jurisdiction and control land granted in lieu of sixteenth section school lands located in the same county as the school district and such lieu land consists of separate, non-contiguous parcels containing less than sixty (60) acres each, then such separate, non-contiguous lieu land parcels may be exchanged for one (1) contiguous tract of land the value of which is equal to or greater than the total value of all separate, non-contiguous lieu land parcels exchanged, provided that the acreage of the land received in exchange for lieu land parcels shall not be less than ninety percent (90%) of the total acreage of the separate, non-contiguous tracts of lieu land. The value of the lieu land and the value of the land received in exchange for the lieu land shall be established by a qualified appraiser. Such exchange shall be approved by the board of education, the board of supervisors and the Secretary of State. The instrument of exchange shall be signed by the superintendent of education on order of the board of education and by the Secretary of State. Title to land received in exchange shall be received in the name of the State of Mississippi and shall be held in trust for the use and benefit of the school district exercising jurisdiction and control.

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