House Bill 1177

(As Passed the House)

AN ACT TO AMEND SECTION 33-11-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ADJUTANT GENERAL TO MAKE CONVEYANCES OF REAL PROPERTY ON BEHALF OF THE STATE THAT ARE IN THE BEST INTEREST OF THE MISSISSIPPI MILITARY DEPARTMENT; TO PROVIDE THAT SUCH CONVEYANCES MADE TO GOVERNMENTAL ENTITIES MAY BE MADE FOR ANY CONSIDERATION AND UPON SUCH OTHER TERMS AND CONDITIONS AS THE ADJUTANT GENERAL MAY DEEM ADVISABLE AND THAT SUCH CONVEYANCES TO PRIVATE ENTITIES CANNOT BE FOR LESS THAN THE FAIR MARKET VALUE AS DETERMINED BY THE AVERAGE OF AT LEAST TWO APPRAISALS BY QUALIFIED APPRAISERS CERTIFIED AND LICENSED BY THE MISSISSIPPI REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 33-11-1, Mississippi Code of 1972, is amended as follows:

33-11-1. The Adjutant General of this state may receive on behalf of the state, and make on behalf of the state, conveyances of real property * * * that are in the best interest of the Mississippi Military Department. Prior to making any conveyance on behalf of the state, the Adjutant General shall make a written determination that such real property is not suitable for any current or future training purposes. Where such real property is conveyed to a subdivision of government or state agency, institution, public university or community or junior college, such real property may be conveyed for any consideration and upon such other terms and conditions as the Adjutant General may deem advisable. Where such property is conveyed to a private entity, it shall be sold for not less than the fair market value as determined by the average of at least two (2) appraisals by qualified appraisers who shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board. All monies derived from the sale of any property shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the Mississippi Military Department. In accepting any such conveyance on behalf of the state, the state shall incur no liability for the purchase of such real estate unless it can be absorbed by the current appropriation for the operation of the military department. The Adjutant General is further empowered to enter into cooperative agreements with any county, municipality, or other political subdivision, of the state for the purpose of providing facilities for National Guard training purposes.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.