MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education

By: Representative Warren

AN ACT TO AMEND SECTION 29-3-39, MISSISSIPPI CODE OF 1972, TO ALLOW THE SCHOOL BOARD OF ANY SCHOOL DISTRICT TO RECLASSIFY CERTAIN SIXTEENTH SECTION AGRICULTURAL LAND AS FARM RESIDENTIAL LAND; TO AMEND SECTION 29-3-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 29-3-65, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT EACH PARCEL OF SIXTEENTH SECTION LAND MUST BE APPRAISED INDEPENDENTLY OF OTHER SUCH LANDS IN A SCHOOL DISTRICT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 29-3-39, Mississippi Code of 1972, is amended as follows:

29-3-39. It shall be the duty of the board of education to survey periodically the classification of all sixteenth section land under its jurisdiction and to reclassify the land as it may deem advisable because of changes of conditions, and when any land is so reclassified, the board of education shall file a report thereof with the Secretary of State. The school board of any school district, in its discretion, may reclassify those sixteenth section or lieu lands classified as agricultural land as farm residential land when the leaseholder has established residency on such land and the land meets all of the qualifications required for classification as farm residential land under Section 29-3-33. From time to time the Secretary of State may institute proceedings to reclassify any sixteenth section lands which he may deem advisable and when any land is so reclassified, the Secretary of State shall file a report thereof with the board of education. When any land is reclassified under this section, notice thereof, rights to object thereto and rights to appeal therefrom shall be given in the same manner provided in Section 29-3-37 with reference to the original classification. Provided, however, that all sixteenth section land shall be classified, or reclassified as is necessary, within one (1) year prior to the expiration date of any existing lease, and within sixty (60) days of the terminating of any lease of sixteenth section land by final court order. In all litigation which may result from the classification or reclassification of lands by the Secretary of State under Sections 29-3-31 through 29-3-39, the Secretary of State shall be represented by the Attorney General, who shall have control of the litigation, but it shall be the duty of the various boards of education to furnish local legal assistance when requested so to do by the Attorney General.

SECTION 2. Section 29-3-33, Mississippi Code of 1972, is amended as follows:

29-3-33. For the purpose of determining the proper category for such lands and the oil, gas and other minerals in, on and under such lands, the following definitions shall be controlling unless the context clearly indicates otherwise:

(a) "Forest land" shall mean all land at least ninety percent (90%) of the total area of which is at present forest or wasteland, or land which will produce a maximum of revenue by utilization to produce timber or other forest products, shall be classified as forest land. The unit of measurement to be used in arriving at the classification of forest land shall be the smallest division of the government survey covering said lands in counties where such government survey has been made, and in other counties shall be forty (40) acres.

(b) "Agricultural land" shall mean land most suitable for pasturage or cultivation.

(c) "Industrial land" shall mean land most suitable for port, harbor, industrial, manufacturing or warehousing use.

(d) "Commercial land" shall mean land most suitable for wholesale or retail businesses, financial institutions, professional offices and clinics, service trades and occupations, privately owned public utilities and similar businesses.

(e) "Residential land" shall mean any tract of land upon which the lessee or board-approved sub-lessee is residing. Such lands shall be set up, as nearly as possible, in a rectangular form so as to include the houses and such other permanent improvements as may have been placed thereon by said lessee or his predecessor in title; * * * however, * * * such tract of land shall not exceed five (5) acres.

(f) "Farm residential land" shall mean any tract of land upon which a leaseholder resides not exceeding one hundred sixty (160) acres in size * * *, which is utilized for agricultural purposes. * * * However, * * * farm residential land may consist of two (2) noncontiguous tracts not exceeding one hundred sixty (160) acres in the aggregate: (a) with reasonable easements connecting the residential and outlying tracts; or (b) with the residential tract situated a distance not exceeding one and one-half (1-1/2) miles from the outlying tract. * * * No sixteenth section lands or lands granted in lieu thereof, situated in a county lying wholly or partially within a levee district, shall be classified as farm residential land.

(g) "Recreational land" shall mean land most suitable for uses which provide for activities or services of a recreational nature. Recreational nature shall include, but not be limited to, parks, campsites, lodges and similar uses and facilities.

(h) "Catfish farming land" shall mean land most suitable for the construction of catfish ponds and for wholesale or retail catfish farm raising and harvesting.

(i) "Other land" shall mean any land which is not suitable for any of the uses described above.

(j) "Oil, gas and minerals" shall mean the following: (i) oil, gas, carbon dioxide and other gaseous substances; (ii) metals, compounds of metals, or metal-bearing ores; (iii) coal, including anthracite, bituminous, subbituminous, lignite and their constituent components and products and minerals intermingled or associated therewith; and (iv) sulphur, salt, sand, gravel, fill dirt and clay, in, on and under the lands classified above. Such oil, gas and minerals shall be a classification of land separate and distinct from the classifications set forth above in paragraphs (a) through (h) inclusive.

SECTION 3. Section 29-3-65, Mississippi Code of 1972, is amended as follows:

29-3-65. One (1) year prior to the date when any parcel of such lands not subject to competitive bid procedures shall become available for lease, the board of education shall appoint a competent appraiser to appraise that parcel of the land and report to the board his recommendation for the fair market rental amount for that parcel. The board shall then determine whether the same be a reasonable amount for that parcel, and shall grant the lease pursuant to Section 29-3-63. However, if any such parcel of land becomes available for lease prior to July 1, 1979, an appraisal shall be required prior to the granting of the lease.

The board of education may use rent escalation clauses or other such devices to adjust rental amounts during the lease term. Owners of leaseholds under a lease granted prior to July 1, 1978, which have improvements constructed thereon, shall not be charged for such improvements in successive lease periods unless the lease contract clearly specifies otherwise. The cost of the appraisal of each parcel of such lands under this section shall be paid from any available sixteenth section school funds or other school funds of the district.

The appraisal pertaining to renewal oil, gas and mineral leases executed pursuant to Section 29-3-63 may be made either before or after the expiration of the original lease and shall appraise the fair market value for the bonus to be paid for a renewal lease containing the terms and conditions agreed upon by the holder of the lease and the board of education.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.