MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Property; Accountability, Efficiency, Transparency
By: Senator(s) Thompson, Carter
AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO SELL AND CONVEY OR LEASE ALL OR PORTIONS OF A PARCEL OF CERTAIN STATE-OWNED REAL PROPERTY AND ANY IMPROVEMENTS THEREON UNDER THE POSSESSION AND CONTROL OF THE UNIVERSITY OF SOUTHERN MISSISSIPPI, LOCATED IN HARRISON COUNTY, MISSISSIPPI; TO STIPULATE THE CONDITIONS UNDER WHICH THE PROPERTY MAY BE SOLD OR LEASED TO PROMOTE THE HIGHEST AND BEST USE FOR THE UNIVERSITY OF SOUTHERN MISSISSIPPI AND THE STATE; TO PROVIDE THAT THE STATE SHALL RETAIN ALL MINERAL RIGHTS TO THE REAL PROPERTY SOLD OR LEASED UNDER THIS ACT; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CORRECT ANY DISCREPANCIES IN PROPERTY DESCRIPTIONS; TO PROVIDE THAT THE NET PROCEEDS OF THE SALE OR LEASE SHALL BE EXPENDED FOR THE BENEFIT OF THE UNIVERSITY OF SOUTHERN MISSISSIPPI GULF PARK CAMPUS; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO RECOVER ITS COSTS ASSOCIATED WITH THE TRANSACTION FROM THE PROCEEDS OF THE SALE OR LEASE OF THE PROPERTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Department of Finance and Administration, in consultation with the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey or lease all or portions of a parcel of certain state-owned real property and any improvements thereon under the possession and control of The University of Southern Mississippi, located in Harrison County, Mississippi, and more particularly described as follows:
THE FOLLOWING DESCRIBED LAND SITUATED AND BEING IN SECTION 7, TOWNSHIP 8 SOUTH, RANGE 12 WEST, OF THE FIRST JUDICIAL DISTRICT OF HARRISON COUNTY, MISSISSIPPI, TO WIT:
#1 That lot of parcel of land having a beginning point and its Northwest corner at a point on the South bank of Bayou Portage, which point is 1,932 feet West of the East line of Section 7, Township 8 South, of Range 12 West; from said starting point running South, 39 degrees and 40 minutes East 674 feet; thence East, 39 degrees and 40 minutes North 200 feet; thence North 39 degrees and 40 minutes West 814 feet to the South Bank of Bayou Portage; thence in a Westerly direction along said Bayou Portage to the point of beginning; and being bounded on the North by said Bayou Portage; on the East by land formerly belonging to Geo. R. Smith and Bidwell Adam but now by W.C. Huck; on the South by a public highway; and on the West by land formerly owned by R.H. Hogsett, but now by the Gulf Park College.
The said lot of land having a width of 200 feet between parallel lines measured at right angles and being situated in the said Section 7, Township 8 South, Range 12 West, and being a part of the larger tract of land acquired by Geo. R. Smith and Bidwell Adam by deed of conveyance from Martha A. Cope, dated November 5, 1925, and of record in the records of deeds of Harrison County, Mississippi.
TOGETHER with all improvements situated thereon and all appurtanances thereunto belonging or in anywise appertaining, and also including all riparian, littoral and aquatic rights thereunto belonging, or in any wise appertaining.
#2 and; Beginning at a point on the South bank of Bayou Portage at a point which is 1932 feet West of the East line of Section 7, Township 8 South, Range 12 West; and from said point of beginning running thence South 39 degrees 40 minutes East to a point which is 15 feet North of the South line of said Section 7, Township 8 South, Range 12 West; running thence West along a line which is 15 feet North of and parallel to the South line of said Section 7, a distance of 1777 feet, more or less, to the South margin of a roadway which extends in an Esterly direction to intersect with the Pass Christian - Red Creek Highway; running thence in a Northerly direction a distance of 1016 feet, more or less, along the West line of the land sold by Adams and Smith to Mrs. Harry S. Norwood, by deed dated April 3, 1935, recorded in the Deed Book 205, at pages 84-85, to the South bank of Bayou Portage, running thence Easterly along the South margin of Bayou Portage and following the meanderings thereof to the point of beginning.
(2) (a) If sold, the real property described in subsection (1) of this section and any improvements thereon shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of whom who 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.
(b) If the real property described in subsection (1) of this section is leased, The University of Southern Mississippi, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease and any terms and ancillary agreements pertaining to any lease 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. Any lease approved and entered into on the University's behalf shall not exceed a term of forty (40) years and shall not be cancelled by successor boards based on the binding successor doctrine.
(3) The State of Mississippi shall retain all mineral rights to the real property sold or leased under this section.
(4) The Department of Finance and Administration is authorized to correct any discrepancies in the legal description of the property provided in this section.
(5) The Department of Finance and Administration may recover its costs associated with the transaction authorized by
this section from the proceeds of the sale or lease of the real property described in subsection (1) of this section, and the net proceeds of the sale or lease shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of The University of Southern Mississippi Gulf Park Campus.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.