1997 Regular Session
To: County Affairs
By: Senator(s) Hawks, Horhn, Hall, White (29th), Gordon, Dickerson, Hamilton, Minor
Senate Bill 2899
(As Passed the Senate)
AN ACT TO AMEND SECTION 17-1-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE BOARDS OF SUPERVISORS IN CERTAIN COUNTIES TO REQUIRE DEPOSITS OF MONEY BY PERSONS WHO ARE DEVELOPING SUBDIVISIONS; TO AUTHORIZE SUCH BOARDS OF SUPERVISORS TO SPEND SUCH MONEY AT THE APPROPRIATE TIME TO CONSTRUCT OR IMPROVE ROADS AND OTHER INFRASTRUCTURE WITHIN THE SUBDIVISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-23, Mississippi Code of 1972, is amended as follows:
17-1-23. (1) When new subdivisions are laid out, the governing authority of each municipality or county may, before allowing dedication, impose such terms as may be deemed necessary to make the provisions of Sections 17-1-1 through 17-1-27, inclusive, effective, and such governing authorities may receive easements in the land affected whereby such sections may be made effective.
(2) The board of supervisors of any county may order that no plat of a subdivision shall be recorded until it has been approved by the board of supervisors, and the board of supervisors shall have power to require the installation of utilities and laying out of streets in subdivisions or to accept performance bonds in lieu thereof; the board of supervisors of any county bordering on the State of Tennessee having a population of more than sixty-seven thousand nine hundred (67,900) but less than seventy thousand (70,000) according to the 1990 federal census and having a land area of more than four hundred seventy (470) square miles but less than five hundred (500) square miles may also, in lieu thereof, require the deposit of monies with the county which shall be placed in a special interest-bearing account in the county treasury, and such board of supervisors at the appropriate time shall spend monies from such account solely for the purpose of constructing or improving the roads and other infrastructure within the subdivision with respect to which the deposit or deposits were made.
(3) The governing authorities of a municipality may provide that any person desiring to subdivide a tract of land within the corporate limits, shall submit a map and plat of such subdivision, and a correct abstract of title of the land platted, to said governing authorities, to be approved by them before the same shall be filed for record in the land records of the county; and where the municipality has adopted an ordinance so providing, no such map or plat of any such subdivision shall be recorded by the chancery clerk unless same has been approved by said governing authorities. In all cases where a map or plat of the subdivision is submitted to the governing authorities of a municipality, and is by them approved, all streets, roads, alleys and other public ways set forth and shown on said map or plat shall be thereby dedicated to the public use, and shall not be used otherwise unless and until said map or plat is vacated in the manner provided by law, notwithstanding that said streets, roads, alleys or other public ways have not been actually opened for the use of the public.
SECTION 2. This act shall take effect and be in force from and after its passage.