HB1302 (As Introduced) - 2000 Regular Session

MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

House Bill 1302

AN ACT TO CREATE A NEW CODE SECTION TO AUTHORIZE THE DEPARTMENT OF MARINE RESOURCES TO PURCHASE REAL PROPERTY FOR THE PRESERVATION OF COASTAL WETLANDS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The department may acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of Chapter 27 of Title 49 of the Mississippi Code of 1972 for the preservation of the coastal wetlands.

(2) Before real estate is purchased or leased, the fair market value of the real estate shall be determined by the averaging of at least two (2) appraisals by Mississippi Certified General Appraisers. The appraisals shall be paid for by the State of Mississippi.

(3) The department may obtain abstracts and surveys, and engage the services of attorneys or other professionals to conduct the above described transactions. The department may obtain title insurance on property purchased if, in the opinion of the executive director, the best interests of the State of Mississippi would be served.

(4) In order to carry out its management responsibilities over all state lands which are now or may hereafter come under its jurisdiction, the department may grant easements and rights-of-way over and across any part of those state lands. Easements and rights-of-way may be granted for any consideration, and upon any terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of the lands for preservation and recreational purposes. Any easement for a utility line shall be granted for that period of time that the department deems to be in the best interest of the management of the lands.

SECTION 2. Section 1 of this act shall be codified in Chapter 27, Title 49, Mississippi Code of 1972.

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