MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Ways and Means

By: Representative Montgomery, Turner, Rogers (14th)

House Bill 564

(As Sent to Governor)

AN ACT TO AMEND SECTION 57-64-31, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE UNTIL WHICH THE BOARD OF SUPERVISORS OF A COUNTY THAT IS A MEMBER OF A REGIONAL ECONOMIC DEVELOPMENT ALLIANCE MAY EXERCISE THE POWER OF EMINENT DOMAIN TO ACQUIRE PROPERTY AND RIGHTS-OF-WAY FOR CERTAIN PROJECTS DESCRIBED UNDER THE MISSISSIPPI MAJOR ECONOMIC IMPACT ACT IF THE COUNTY HAS RECEIVED A BINDING COMMITMENT PROVIDING THAT SUCH A PROJECT WILL BE LOCATED IN A COUNTY THAT IS A MEMBER OF THE REGIONAL ECONOMIC DEVELOPMENT ALLIANCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 57-64-31, Mississippi Code of 1972, is amended as follows:

     57-64-31.  The board of supervisors of any county that is a member of a regional economic development alliance created under the Regional Economic Development Act may exercise the power of eminent domain for the purpose of acquiring land, property and/or rights-of-way for a project as defined in Section 57-75-5(f)(i) or any facility related to the project as defined in Section 57-75-5(d), or both.  The board of supervisors of such a county shall not exercise the authority granted under this section without first receiving a binding commitment providing that such a project will be located in a county that is a member of the regional economic development alliance.  The board of supervisors of such a county shall not exercise the power of eminent domain under this section after July 1, 2006.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.