2007 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Robinson (84th)
AN ACT TO AMEND SECTION 49-5-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO SELL SURPLUS PROPERTY; TO PROVIDE THAT PROCEEDS FROM THE SALE OF PROPERTIES BY THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS SHALL BE DEPOSITED TO THE CREDIT OF THE DEPARTMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-5-71, Mississippi Code of 1972, is amended as follows:
49-5-71. (1) The Mississippi Commission on Wildlife, Fisheries and Parks is hereby authorized to acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of Sections 49-5-61 through 49-5-85 and otherwise in accordance with the provisions of law.
(2) Before such real estate is purchased or leased, the fair market value of such real estate shall be determined by the averaging of at least two (2) appraisals by Mississippi Certified General Appraisers. Such appraisals shall be paid for by the State of Mississippi.
(3) The commission is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys to conduct the above described transactions. The commission is authorized to obtain title insurance on property purchased if, in the opinion of the commission, the best interests of the State of Mississippi would be served.
(4) In order to carry out its management responsibilities over all state lands which are now or may hereafter come under its jurisdiction, the Department of Wildlife, Fisheries and Parks is authorized to grant easements and rights-of-way over and across any part of such state lands. Such easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of such lands for recreational purposes. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of the management of such lands.
(5) Whenever any lands, lakes or any other real property has been deemed surplus or no longer needed to meet the needs or mission of the Department of Wildlife, Fisheries and Parks, the Commission may authorize the department to sell the property. The property may be sold by sealed bids or at public auction after three (3) weeks of advertisement in a newspaper in the county where the property is located or by a newspaper of general circulation. Before any such sale, the department shall obtain at least two (2) separate and independent appraisals of the land to be sold and may not accept any bid lower than the average of all the appraisals made. The department may reject any and all bids. The advertisement shall give the time and place of sale, and the property shall be sold to the highest and best bidder for cash. The proceeds from the sale shall be deposited to the credit of the Mississippi Department of Wildlife, Fisheries and Parks in the appropriate fund or account, and such funds may be expended by the department, upon legislative appropriation, for the benefit of the department. This paragraph shall stand repealed on July 1, 2009.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.