MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Transportation

By: Representative Endt

AN ACT TO AUTHORIZE THE EXPENDITURE OF STATE AID ROAD FUNDS ALLOCATED TO A COUNTY FOR COSTS INCURRED BY THE COUNTY IN PURCHASING AND ACQUIRING RIGHTS-OF-WAY FOR STATE AID ROAD PROJECTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-9-19, Mississippi Code of 1972, is amended as follows:

65-9-19. Contracts for the construction of state aid road projects shall be advertised and let by the board of supervisors of any county desiring so to do, in the manner now required by law but subject to the approval of the State Aid Engineer; however, during the last six (6) months of the boards of supervisors' terms of office, no contracts for state aid projects shall be awarded unless construction programs embracing such projects shall have been adopted by the boards and approved by the State Aid Engineer in writing prior to July 1 of said year. Before advertising for bids, detailed plans and specifications covering the work proposed to be done shall be prepared and filed in the chancery clerk's office of the interested county and in the office of the State Aid Engineer; and copies shall be subject to inspection by any party during all office hours, and shall be made available to all prospective bidders upon such reasonable terms and conditions as may be required by the State Aid Engineer. All plans and specifications shall be initially prepared by the county engineer, subject to the approval or disapproval of the State Aid Engineer. All rights-of-way necessary for such projects shall be acquired and paid for by the boards of supervisors in the manner now provided by law for the acquisition of rights-of-way, including gift, purchase, deed, dedication, and eminent domain; and the cost of such rights-of-way shall * * * be considered to be a part of the cost of any project within the meaning of Section 65-9-17. However, no state aid funds allocated to a county may be expended for the purpose of acquiring rights-of-way except after two (2) appraisals performed in accordance with procedures prescribed by rules and regulations of the Office of State Aid Road Construction. The acts of the boards of supervisors in heretofore acquiring rights-of-way for such projects, and all rights-of-way heretofore acquired for such projects are hereby ratified, confirmed and validated.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.