MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Constitution

By: Senator(s) Hyde-Smith (By Request)

A CONCURRENT RESOLUTION PROPOSING TO CREATE NEW SECTION 112A, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR AN ANNUAL ASSESSMENT ON CERTAIN NONPRODUCING MINERAL ESTATES; TO PROVIDE THAT FAILURE TO PAY THE ASSESSMENT SHALL RESULT IN THE REVERSION OF THE TITLE AND INTEREST IN THE MINERAL ESTATE TO THE STATE OF MISSISSIPPI; TO PROVIDE FOR THE REDEMPTION OF THE MINERAL ESTATE; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:

I.

Create new Section 112A, Mississippi Constitution of 1890, to read as follows:

"Section 112A. An assessment shall be collected annually by the county on each nonproducing mineral estate located within the county that is owned by any person, firm, partnership, association or corporation other than the owner of the surface rights of the land. If the nonproducing mineral estate extends into more than one (1) county, the annual assessment shall be collected by each county wherein the nonproducing mineral estate is located. The amount of the assessment shall be set by the Legislature by general law.

If the owner of the nonproducing mineral estate, other than the owner of the land, fails or refuses to pay the assessment and after the due process procedure set by the Legislature by general law has been completed, the title and interest in the nonproducing mineral estate shall revert to the State of Mississippi. The owner of such mineral estate may redeem his property in the manner provided by the Legislature by general law. If the owner of the nonproducing mineral estate does not redeem the mineral estate, the owner or owners of the surface estate wherein the mineral estate lies may redeem the nonproducing mineral estate in the manner provided by the Legislature by general law.

The Legislature shall institute legislation providing for the implementation of the assessment, the due process procedure and the method of redemption authorized by this section."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2000, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment authorizes an annual assessment on each nonproducing mineral estate that is owned by someone other than the owner of the surface estate; provides that failure to pay the assessment shall result in the reversion of the title and interest in the mineral estate to the State of Mississippi; and provides that if the owner of the mineral estate does not redeem the property, the owner of the surface estate may redeem the mineral estate.