MISSISSIPPI LEGISLATURE

1998 Regular Session

To: County Affairs

By: Representative Compretta (By Request)

House Bill 1534

(As Passed the House)

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 65-7-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ON OR BEFORE FEBRUARY 1, 1999, THE BOARD OF SUPERVISORS OF EACH COUNTY SHALL PREPARE AND ADOPT AN OFFICIAL MAP DESIGNATING AND DELINEATING ALL PUBLIC ROADS ON THE COUNTY ROAD SYSTEM; TO PROVIDE THAT ON OR BEFORE FEBRUARY 1, 1999, THE BOARD OF SUPERVISORS OF EACH COUNTY SHALL PREPARE AND ADOPT A COUNTY ROAD SYSTEM REGISTER WHICH SHALL CONTAIN CERTAIN INFORMATION; TO PROVIDE THAT SUCH MAP AND REGISTER SHALL BE KEPT ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS AND MADE AVAILABLE FOR PUBLIC INSPECTION; TO REQUIRE ALL SUBSEQUENT CHANGES TO THE COUNTY ROAD SYSTEM TO BE RECORDED ON THE MAP AND IN THE REGISTER AS SOON AS REASONABLY POSSIBLE; TO PROVIDE THAT FROM AND AFTER FEBRUARY 1, 1999, THE OFFICIAL RECORD OF THE COUNTY ROAD SYSTEM SHALL CONSIST OF AN OFFICIAL MAP AND THE COUNTY ROAD SYSTEM REGISTER; TO PROVIDE THAT THE OFFICIAL RECORD OF THE COUNTY ROAD SYSTEM SHALL BE REVISED AND UPDATED ON OR BEFORE FEBRUARY 1 OF EACH YEAR; TO REQUIRE A PUBLIC HEARING BEFORE THE ADOPTION OF THE OFFICIAL MAP AND THE COUNTY ROAD SYSTEM REGISTER OR ANY CHANGES THERETO; TO AMEND SECTION 65-7-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE JURISDICTION OF THE BOARD OF SUPERVISORS OVER PUBLIC ROADS IN THE COUNTY; TO PROVIDE THAT FROM AND AFTER FEBRUARY 1, 1999, NO ROAD SHALL BE INCLUDED AS A PART OF THE COUNTY ROAD SYSTEM UNTIL AND UNLESS THE BOARD OF SUPERVISORS HAS ESTABLISHED OR ACCEPTED THE ROAD AND CAUSED THE ROAD TO BE INCLUDED IN THE OFFICIAL RECORD OF THE COUNTY ROAD SYSTEM; TO AMEND SECTION 65-7-121, MISSISSIPPI CODE OF 1972, TO REVISE THE CIRCUMSTANCES UPON WHICH THE BOARD OF SUPERVISORS MAY ABANDON SECTIONS OF THE COUNTY ROAD SYSTEM; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following provision shall be codified as Section 65-7-4, Mississippi Code of 1972:

65-7-4. (1) On or before February 1, 1999, the board of supervisors of each county shall prepare and adopt an official map designating and delineating all public roads on the county road system. Changes to the county road system shall be recorded on this map as soon as is reasonably possible. Such map, as it is periodically revised, shall be kept on file in the office of the clerk of the board of supervisors where it shall be available for public inspection.

(2) On or before February 1, 1999, the board of supervisors of each county shall prepare and adopt a county road system register in which shall be entered:

(a) The number and name of each public road on the county road system.

(b) A general reference to the terminal points and course of each such road.

(c) A memorandum of every proceeding in reference to each such road, with the date of such proceeding, and the page and volume of the minute book of the board of supervisors where it is recorded; however, reference to proceedings before February 1, 1999, shall not be required.

(3) All subsequent proceedings and changes to the county road system shall be recorded in the county road system register as soon as is reasonably possible. Such county road system register, as it is periodically revised, shall be kept on file in the office of the clerk of the board of supervisors where it shall be available for public inspection.

(4) From and after February 1, 1999, the official record of the county road system shall consist of an official map, as provided for in subsection (1) of this section, and the county road system register, as provided for in subsection (2) of this section. The county road system register shall have priority in case of conflict between the register and the official map. The minutes of the board of supervisors containing proceedings with respect to county roads and the county road system shall serve as the official record until such proceedings are recorded on the official map and in the county road system register. The official record of the county road system, at a minimum, shall be revised and updated on or before February 1 of each year.

(5) It is the intention of the Legislature that the initial official record of the county road system prepared and adopted in accordance with this section shall include all public roads that the board of supervisors determines, consistent with fact, as of February 1, 1999, or such date the initial official record is adopted, are laid out and open according to law. From and after February 1, 1999, no road shall be added or deleted from the county road system or otherwise changed except by order or other appropriate action of the board of supervisors and such action shall be recorded in the minutes of the board. All additions, deletions or changes to the county road system shall be recorded in the official record of the county road system as provided for in this section.

(6) Before the adoption of the official map and the county road system register or any changes to such map and registry, the board of supervisors shall hold a public hearing on the content of the official map and the county road system registry or any changes to such map and registry, and shall publish notice of such hearing at least one (1) time, not less than two (2) weeks before the date of the hearing, in a newspaper having general circulation in the county.

SECTION 2. Section 65-7-1, Mississippi Code of 1972, is amended as follows:

65-7-1. (1) The board of supervisors of each county shall have full jurisdiction over all matters relating to the public roads of the county, including the establishment, laying out, opening, abandonment, altering, changing, working and maintaining of such roads, except as otherwise provided by Section 170 of the Mississippi Constitution of 1890.

(2) All roads now laid out and opened or hereafter laid out and opened according to law shall be deemed public roads and highways and shall be opened and worked at least sixteen (16) feet wide, wherever practicable, and in any case not less than twelve (12) feet, and any greater width that may be necessary. Ditches and borrow pits shall be kept open or connected so as to drain off the water from the road bed, as far as practicable.

(3) From and after February 1, 1999, no road shall be included as a part of the county road system until and unless the board of supervisors, by appropriate action spread on its minutes, has established or accepted such road and caused the road to be included in the official record of the county road system as provided in Section 65-7-4.

SECTION 3. Section 65-7-121, Mississippi Code of 1972, is amended as follows:

65-7-121. (1) The board of supervisors of any county may, upon its own motion or upon the petition of any interested resident of the county, by resolution spread upon its minutes, declare any section of the county road system abandoned upon its finding that one or more of the following circumstances are applicable to the section in question:

(a) The section does not provide primary access to occupied properties;

(b) Traffic on the section has for a period of at least ten (10) consecutive years been intermittent and of such low volume that no substantial public purpose is being served thereby; * * *

(c) The board of supervisors has, for a period of at least the previous five (5) consecutive years, not maintained such section as part of the county road system; or

(d) For any reason, the public interest or convenience does not require the section to remain open to the public or that it is in the public interest or convenience to close, vacate and abandon the section.

(2) Except as provided in subsection (3) of this section, before any section of the county road system may be abandoned as provided in this section, the board of supervisors shall hold a public hearing on the question of such abandonment and shall publish notice of such hearing at least two (2) times, not less than two (2) weeks prior to the date of the hearing, in a newspaper having general circulation in the county.

(3) If any section of the county road system intersects with a roadway that has been closed to the public by the board of supervisors, and the section has no other destination, such section of the county road system shall be declared abandoned by the board of supervisors, without the necessity of notice and a hearing, immediately upon the written request of all owners of the property through which the section extends. This subsection (3) shall be repealed from and after July 1, 1993.

(4) The resolution of the board of supervisors abandoning any section of the county road system will abrogate the easement theretofore owned, held, claimed or used by or on behalf of the general public but will not affect any private easements.

(5) Upon the abandonment of any section of the county road system, the board of supervisors shall post clearly visible signs at any intersection of the abandoned roadway with the county road system indicating that the abandoned section is no longer part of the county road system and is not maintained by the county. Once the required signs are posted, the county shall not be liable for the death of or injury to a vehicle owner, operator or passenger, or for damage to a vehicle or its contents, resulting from a dangerous condition on the abandoned section. If there exists a public railroad grade crossing or railroad bridge on the section of county road so abandoned, the county shall furnish the railroad or individual owning such railroad trackage with a copy of the resolution authorizing the abandonment and thereupon, the railroad company or individual owning such trackage may barricade the crossing or remove the bridge.

(6) From and after February 1, 1999, any proceedings under this section shall be documented in the official record of the county road system in accordance with the requirements of Section 65-7-4.

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.