MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education

By: Representative McCoy

AN ACT TO AMEND SECTION 37-7-431, MISSISSIPPI CODE OF 1972, TO DELETE THE RESTRICTION ON EXCHANGES OF SCHOOL PROPERTY FOR NEEDED PROPERTY WHICH REQUIRES THE NEEDED PROPERTY TO ADJOIN SCHOOL GROUNDS; TO AMEND SECTIONS 37-7-433 AND 37-7-435, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-7-431, Mississippi Code of 1972, is amended as follows:

37-7-431. Whenever the school board of any school district  * * * finds and determines, by resolution duly and lawfully adopted and spread upon its minutes, (a) that it * * * needs lands  * * * in the school district for school purposes, (b) that the district owns lands of equal value to such needed lands which could be exchanged for such needed lands, (c) that the value of the two (2) tracts is equal according to qualified appraisals, and (d) that the owners of the needed lands are agreeable to such exchange, the school board of such school district * * *, in its discretion, may negotiate a trade of lands upon such terms and conditions as the school board * * *, in its discretion, deems proper in consideration of the needs of the district and of the benefits which will inure to the * * * school district.

Any such trade of lands shall be subject to approval by the chancery court of the county in which the school lands lie. Notice of the hearing before the chancery court shall be published in a newspaper of general circulation in the school district for three (3) consecutive weeks, the first notice to be at least thirty (30) days prior to the hearing.

SECTION 2. Section 37-7-433, Mississippi Code of 1972, is amended as follows:

37-7-433. Upon being authorized by a resolution of the school board as is provided by Section 37-7-431, the president and secretary shall be authorized and empowered to execute, for and on behalf of the school district, a conveyance of the school property for the purposes, upon the terms and conditions provided and specified by the school board, and for the consideration of the execution of a deed to the needed lands being exchanged for the school property. It shall not be necessary or requisite that competitive bids be advertised for or received in connection with such exchange of property.

SECTION 3. Section 37-7-435, Mississippi Code of 1972, is amended as follows:

37-7-435. The * * * lands conveyed to the school district shall be conveyed by warranty deed to the school board members or their successors in office of the school district and shall be conveyed by fee simple absolute.

SECTION 4. This act shall take effect and be in force from and after July 1, 2000.