MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education

By: Representative Simpson

AN ACT TO AUTHORIZE LOCAL SCHOOL BOARDS TO GRANT RIGHTS-OF-WAY TO COUNTIES AND CITIES ACROSS SIXTEENTH SECTION AND LIEU LANDS IN EXCHANGE FOR THE CONSTRUCTION OF PUBLIC ROADS ON SUCH LANDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 29-3-91, Mississippi Code of 1972, is amended as follows:

29-3-91. (1) Except as otherwise provided in subsection (2) of this section, whenever the United States or any agency thereof, or the state or any agency or subdivision thereof, or any private organization, corporation, association, or person acquires, by condemnation or otherwise, any easement or right-of-way across any sixteenth section land or lieu land, then adequate compensation therefor shall be paid by the party acquiring the same to the board of education concerned; and the sum or sums so received shall be placed in the principal fund or funds of the school district or districts concerned.

(2) If the local board of education, by resolution duly adopted and spread upon its minutes, determines that a new road is necessary to provide access to and on sixteenth section land or lieu land, that the new road will enhance the value of the sixteenth section land or lieu land, and requests that a county or city construct and maintain the road, then, upon agreement by the county or city to bear all costs of construction and maintenance, the local board of education may provide a right-of-way for the new road without compensation from the county or city if the initial cost of constructing the new road exceeds the value of the right-of-way. The local board of education shall have sole discretion in determining the location of any new road constructed under the authority of this subsection. This subsection shall not apply to state road projects or to any change or improvement to or relocation of existing roads under the jurisdiction of a county or city.

SECTION 2. This act shall take effect and be in force from and after its passage.