MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Public Property

By: Senator(s) Posey

Senate Bill 2898

AN ACT TO AUTHORIZE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO TRANSFER AND CONVEY TO THE DEPARTMENT OF MARINE RESOURCES CERTAIN STATE-OWNED REAL PROPERTY KNOWN AS THE "LYMAN FISH HATCHERY" AND LOCATED IN HARRISON COUNTY, MISSISSIPPI; TO AUTHORIZE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO SELL AND CONVEY CERTAIN STATE-OWNED REAL PROPERTY LOCATED NEAR U.S. HIGHWAY 49 IN HARRISON COUNTY, MISSISSIPPI, AND TO DEPOSIT THE PROCEEDS FROM SUCH SALE INTO A NEWLY CREATED FUND KNOWN AS THE "FISH HATCHERY SPECIAL FUND"; AND FOR RELATED PURPOSES.

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

SECTION 1. The Department of Wildlife, Fisheries and Parks is hereby authorized to transfer and convey to the Department of Marine Resources certain state-owned real property, known as the "Lyman Fish Hatchery", located in Harrison County, Mississippi, and more specifically described as follows:

PARCEL ONE

COMMENCING at the intersection of the south line of Section 17, Township 6 South, Range 11 West, Harrison County, Mississippi, and the west margin of Mississippi State Highway 49, thence north along said west margin of Highway 49 660.0 feet, thence S 8928'44" W 660.10 feet, thence continue S 8928'44" W 727.53 feet to the east margin of Illinois Central Railroad, thence N 1428'41" W 3408.91 feet, thence East 466.64 feet to the south bank of the Little Biloxi River, thence along said south bank S 3638'46" E 121.89 feet, thence S 5230'56" E 152.19 feet, thence N 6221'34" E 254.71 feet, thence S 8118'36" E 125.83 feet, thence S 2546'36" E 98.27 feet, thence S 3009'58" E 102.08 feet, thence South 1052.00 feet, thence N 8858'39" E 1094.32 feet to the west margin of Mississippi State Highway 49, thence S 0111'43" E along said west margin 668.00 feet, thence S 8928'44" W 660.10 feet, thence S 0111'43" E 1320.00 feet to the POINT OF BEGINNING. Said parcel contains 80.34 acres more or less.

SECTION 2. (1) The Department of Wildlife, Fisheries and Parks, acting through the Department of Finance and Administration, is authorized to sell and convey certain state-owned real property located near U.S. Highway 49 in Harrison County, Mississippi, such land more specifically described as follows:

PARCEL TWO

TOWNSHIP SIX (6) SOUTH, RANGE ELEVEN (11) WEST, ST. STEPHENS MERIDIAN: In Section 17, part of the W 1/2 and in Section 20, part of the NE 1/4 of the NW 1/4 and all of the E 1/2 of the NW 1/4 of the NW 1/4, all more particularly described as follows:

BEGINNING at Corner 1, the south sixteenth corner between sections 18 and 17, in the center line of old U.S. Highway No. 49, a point; thence along the center line of said highway with six (6) courses, N 011' E, 223.74 feet, N 227' E, 660.00 feet, N. 7 52' E, 324.06 feet, N 354' E, 477.18 feet, N 1502' E, 785.40 feet, N 1439' E, 1461.90 feet, to Corner 2, the intersection of the center line of said highway with the center line of Little Biloxi River, a point; thence with two courses of said river, S 2548' E, 958.32 feet, S 6915' E, 231.0 feet to Corner 3, a point; thence S 025' E, with part of the east boundary of the NW 1/4 of the NW 1/4 246.18 feet to Corner 4, the northwest sixteenth corner of said Section 17, a 1-1/4" x 42" I.P.; thence S 8955' E, 61.84 feet to Corner 5, the intersection of the south boundary of the NE 1/4 of the NW 1/4 of said Section 17 with the west right of way boundary of the Illinois Central Railroad, a 1-1/4" x 42" I.P.; thence with five (5) lines along said west right of way boundary, S 14 27' E, 3784.44 feet to Corner 6, a point; S 13 28' E, 260.04 feet to Corner 7, a point; S 933' E, 158.40 feet to Corner 8, a point; S 550' E, 578.82 feet to Corner 9, a concrete post marked "1 COR 4 TR 4 1951"; S 5 31' E, 687.82 feet to Corner 10, a concrete post marked "BOUNDARY MON NO. - 1934"; thence S 8945' W, 1921.26 feet to Corner 11, a concrete post marked "FISHERIES BOUNDARY MON NO. - 1934"; thence N 1 57' E, 691.02 feet to Corner 12, a concrete post marked "2 COR 3TR 4 1951"; thence N 1 57' E, 690.36 feet to Corner 13, 1 1-1/2" x 42" I.P.; thence N 206' E, 1304.72 feet to corner 14, a concrete post marked "BOUNDARY MON NO. - 1934"; thence S 8851' W, 702.24 feet to the place of beginning, containing 214.66 acres, more or less.

(2) The proceeds from the sale of the land described in subsection (1) shall be deposited into a special fund hereby created and known as the "Fish Hatchery Special Fund" to be used by the Department of Wildlife, Fisheries and Parks for the North Mississippi Fish Hatchery and other fisheries related projects.

(3) The land described in subsection (1) shall not be sold for less than the fair market value as determined by two (2) professional appraisers selected by the Department of Finance and Administration, who are certified general appraisers of the State of Mississippi.

(3) The State of Mississippi shall retain the oil, gas and mineral rights to the land described in subsection (1).

SECTION 3. This act shall take effect and be in force from and after its passage.