House Bill 1123

(As Sent to Governor)

AN ACT TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION, ACTING ON BEHALF OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, TO TRANSFER AND CONVEY TO THE BOARD OF SUPERVISORS OF GREENE COUNTY, MISSISSIPPI, A CERTAIN PARCEL OF LAND SITUATED IN GREENE COUNTY, MISSISSIPPI, WHICH IS ADJACENT TO THE OLD HIGHWAY 63 CHICKASAWHAY RIVER BRIDGE; TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION, ACTING ON BEHALF OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, TO SELL TO THE CITY OF MARKS, MISSISSIPPI, FOR FAIR MARKET VALUE, ITS INTEREST IN A CERTAIN PARCEL OF LAND SITUATED IN MARKS, MISSISSIPPI, WHICH IS THE SOUTHWEST QUADRANT OF THE INTERSECTION OF STATE HIGHWAYS 3 AND 6; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Transportation Commission, acting on behalf of the Mississippi Department of Transportation, is authorized to transfer and convey to the Board of Supervisors of Greene County, a certain parcel of land situated in Greene County, where the Chickasawhay River Bridge was once located, for the purpose of declaring the tract of land surplus property and restoring it to the local tax rolls, as it is better suited for private ownership. The property is more particularly described as follows:

That portion of Old Highway 63 in Section 12, Township 2 North, Range 6 West more particularly described as being

200 feet in total width (100 feet left of centerline and

100 feet right of centerline) beginning at station

number 60+30 depicted in the plans of MDOT Project

BR-1132-(3)A. Said parcel being 2,130 feet in total

length and consisting of approximately 9.78 acres.

(2) (a) Of the property described in subsection (1) of this section, it is hereby understood and agreed by the Board of Supervisors of Greene County, as the grantee herein named, that all existing utilities located on, under or above the property herein described, shall remain at the discretion of the utility owners, and that the grantee, its assigns or successor boards in the title will not require the relocation of these utilities except by agreement with the utility owner.

(b) This conveyance is subject to the provisions that no junkyards, as defined in 23 USCS Section 136, shall be hereafter established or maintained on or above-described lands, and no signs, billboards, outdoor advertising structures or advertisement of any kind, as provided for in 23 USCS Section 131, shall be hereafter erected, displayed, placed or maintained upon or within the above-described land, except that signs may be erected and maintained to advertise the sale, hire or lease of the property, or principal activities conducted on the land upon which the signs are located.

(3) The State of Mississippi shall retain all mineral rights to the real property transferred under this section.

(4) The Mississippi Department of Transportation is authorized to correct any discrepancies in the legal description of the property provided in this section.

SECTION 2. (1) The State Transportation Commission, acting on behalf of the Mississippi Department of Transportation is authorized to sell, in exchange for fair market value, to the City of Marks, Mississippi, its interest in certain real property and any improvements thereon located in Marks, Mississippi, known as the "Marks Community Park," and being more particularly described as follows:

The Southwest Quadrant of the intersection of State Highways Numbers 3 and 6, in the City of Marks, Mississippi, Quitman County.

(2) (a) Of the property described in subsection (1) of this section, it is hereby understood and agreed by the City of Marks, Mississippi, as the grantee herein named, that all existing utilities located on, under or above the property herein described, shall remain at the discretion of the utility owners, and that the grantee, its assigns or successors in the title will not require the relocation of these utilities except by agreement with the utility owner.

(b) This conveyance is subject to the provisions that no junkyards, as defined in 23 USCS Section 136, shall be hereafter established or maintained on the above-described lands, and no signs, billboards, outdoor advertising structures or advertisement of any kind, as provided for in 23 USCS Section 131, shall be hereafter erected, displayed, placed or maintained upon or within the above-described land, except that signs may be erected and maintained to advertise the sale, hire or lease of the property, or principal activities conducted on the land upon which the signs are located.

(3) The State of Mississippi shall retain all mineral rights to the real property transferred under this section.

(4) The Mississippi Department of Transportation is authorized to correct any discrepancies in the legal description of the property provided in this section.

(5) Any expenses incurred in conducting a survey of the property shall be paid for by the City of Marks, Mississippi.

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