MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Property
By: Representative Bennett
AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE STATE INSTITUTIONS OF HIGHER LEARNING, ACTING BY AND THROUGH THE UNIVERSITY OF SOUTHERN MISSISSIPPI, TO LEASE AND SUBLEASE PROPERTY ADMINISTERED BY THE MISSISSIPPI STATE PORT AUTHORITY AT GULFPORT; TO AUTHORIZE THE UNIVERSITY TO NEGOTIATE ALL ASPECTS OF ANY LEASE AND SUBLEASE PERTAINING TO SUCH PROPERTY; TO PROVIDE THE MAXIMUM TERM OF THESE LEASES AND SUBLEASES; TO PROVIDE THAT THESE LEASES AND SUBLEASES SHALL NOT BE CANCELLED BASED ON THE BINDING SUCCESSOR DOCTRINE; TO AUTHORIZE THE MISSISSIPPI BOARD OF MENTAL HEALTH, ACTING THROUGH THE DEPARTMENT OF MENTAL HEALTH AND ON BEHALF OF THE EAST MISSISSIPPI STATE HOSPITAL TO SELL CERTAIN STATE-OWNED REAL PROPERTY IN LAUDERDALE AND NEWTON COUNTIES, WHICH, RESPECTIVELY, WERE FORMERLY USED BY THE HOSPITAL AS OFFICES FOR THE COMMUNITY RESIDENTIAL SERVICES DIVISION AND AN ALZHEIMER'S UNIT BY THE CENTRAL MISSISSIPPI RESIDENTIAL CENTER; TO AUTHORIZE THE BOARD OF SUPERVISORS OF TALLAHATCHIE COUNTY TO CONVEY, LEASE OR TRANSFER ANY COUNTY-OWNED REAL PROPERTY AND ANY IMPROVEMENTS THEREON TO THE UNITED STATES GOVERNMENT OR ANY ENTITY THEREOF, OR A NONPROFIT ORGANIZATION DEDICATED TO HISTORICAL PRESERVATION, UNDER SUCH TERMS AND CONDITIONS THE BOARD DEEMS APPROPRIATE TO PROMOTE THE HISTORICAL, EDUCATIONAL AND ECONOMIC WELFARE OF THE COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Board of Trustees of State Institutions of Higher Learning, acting by and through the University of Southern Mississippi, may lease portions of the property administered by the Mississippi State Port Authority at Gulfport.
(2) The University of Southern Mississippi may enter into subleases with public and/or private entities for all or part of such property.
(3) The University of Southern Mississippi, acting with the approval of the Board of Trustees of State Institutions of Higher Learning, may negotiate all aspects of any lease and sublease of such property and any terms and ancillary agreements pertaining to any lease and sublease of such property as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state.
(4) Any lease and sublease as provided for in this section and approved and entered into by the University of Southern Mississippi shall not exceed a term of forty (40) years and shall not be cancelled by any successor boards on the basis of the binding successor doctrine.
SECTION 2. (1) The Mississippi Board of Mental Health, acting through the Department of Mental Health and on behalf of the East Mississippi State Hospital, is authorized to sell certain state-owned real property and any improvements thereon, which was purchased in 2007 and formerly served as offices for the Community Residential Services Division, consisting of approximately 8,000 square feet and situated on a lot containing 3.6 acres, located at 5800 North Hills Street in the City of Meridian, Lauderdale County, Mississippi, such property being more particularly described as follows:
Part of the NE1/4 of the SW1/4 and part of the NW1/4 of Section 35, T7N, RI5E, Meridian, Lauderdale County, Mississippi; and can be found in Deed Book 768 at page 16.
(3) All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into a special fund created in the State Treasury for the use and benefit of the East Mississippi State Hospital. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on the amounts remaining in the special fund shall be deposited to the credit of the special fund.
(4) The Department of Finance and Administration may correct any discrepancies in the legal description provided in this section.
(5) The State of Mississippi shall retain all mineral rights to the property sold under this section.
SECTION 3. (1) The Mississippi Board of Mental Health, acting through the Department of Mental Health and on behalf of the East Mississippi State Hospital, is authorized to sell certain state-owned real property and any improvements thereon, which formerly served as an Alzheimer's unit by the Central Mississippi Residential Center, and more recently occupied by Weems Community Mental Health, consisting of approximately 3,800 square feet and situated on a 1-acre lot, located at 851 Northside Drive in the City of Newton, Newton County, Mississippi, such property being more particularly described as follows:
Start at the southeast corner of Lot 1, Pinecrest Subdivision, City of Newton, Newton County, Mississippi, and run North 894 feet; thence South 88 degrees 40 minutes West 413 feet to the point of beginning: Thence South 88 degrees 40 minutes West, 165 feet, thence North 01 degrees 30 minutes East, 260 feet to the South right-of-way line of U.S. Highway No. 80; thence Northeasterly, 155 feet along said right-of-way line; thence South 01 degree 22 minutes East, 299.7 feet to the point of beginning. The above-described property is situated in the E 1/2 of SE ¼ of Section 28, Township 6 North, Range 11 East, City of Newton, Newton County, Mississippi, and contains 1 acre, more or less.
(2) The real property and any improvements thereon described under subsection (1) of this section 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, one (1) of which shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.
(3) All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into a special fund created in the State Treasury for the use and benefit of the East Mississippi State Hospital. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on the amounts remaining in the special fund shall be deposited to the credit of the special fund.
(4) The Department of Finance and Administration may correct any discrepancies in the legal description provided in this section.
(5) The State of Mississippi shall retain all mineral rights to the property sold under this section.
SECTION 4. Notwithstanding any other provision of law to the contrary, the Board of Supervisors of Tallahatchie County is authorized to convey, lease or transfer, under such terms and conditions the board deems appropriate to promote the historical, educational and economic welfare of the county, any county-owned real property and any improvements thereon to the United States Government or any entity thereof, or a nonprofit organization dedicated to the preservation of historical and cultural sites, areas, items or artifacts of historical significance. The real property which shall be taken into consideration for purposes of conveyance, lease or transfer as authorized under this section are more particularly described as follows: (a) The Second Judicial Courthouse of Tallahatchie County, including the buildings and grounds located in Sumner, Mississippi; (b) the annex building located at 158 North Court Street in Sumner, Mississippi, which houses the Emmett Till Interpretive Center; and (c) Graball Landing on River Road in Tallahatchie County.
SECTION 5. Notwithstanding any other provision of law to the contrary, the Department of Finance and Administration may renegotiate any and all costs included in the lease provided for by Section 39-25-1.
SECTION 6. This act shall take effect and be in force from and after July 1, 2022.