MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Ways and Means

By: Representative Cameron

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY IN THE YAZOO BASIN, YAZOO BACKWATER, MISSISSIPPI, PROJECT AREA, TO REQUIRE LANDOWNERS WHO SELL CERTAIN REFORESTATION EASEMENTS IN SUCH PROJECT AREA, TO ANNUALLY PAY AN ASSESSMENT TO THE COUNTY TAX COLLECTOR IN AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE AMOUNT OF AD VALOREM TAXES THAT WOULD HAVE BEEN PAID BY THE LANDOWNER ON SUCH PROPERTY IF THE PROPERTY HAD THE SAME USE THAT IT HAD PRIOR TO THE SALE OF SUCH EASEMENT AND THE AMOUNT OF THE AD VALOREM TAXES ACTUALLY PAID BY THE LANDOWNER; TO PROVIDE THAT SUCH ASSESSMENTS SHALL BE PAID TO THE COUNTY TAX COLLECTOR IN THE SAME MANNER AS AD VALOREM TAX PAYMENTS ARE MADE; TO PROVIDE THAT ASSESSMENTS SHALL BE DISTRIBUTED TO LOCAL TAXING DISTRICTS AS REIMBURSEMENT FOR AD VALOREM TAXES THAT ARE LOST AS A RESULT OF THE SALE OF REFORESTATION EASEMENTS; TO PROVIDE THAT PAYMENTS RECEIVED BY LOCAL TAXING DISTRICTS SHALL BE UTILIZED IN THE SAME MANNER AS AD VALOREM TAX RECEIPTS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section:

(a) "Project" means the Yazoo Basin, Yazoo Backwater, Mississippi, Project authorized by the Flood Control Act of 18 August 1941 and the Water Resources Development Act of 1986.

(b) "Project area" means land in Humphreys, Issaquena, Sharkey, Warren, Washington and Yazoo Counties located at or below the one-hundred-year frequency flood elevation.

(c) "Reforestation easement" means an easement on open agricultural land located in the project area purchased by the Corps of Engineers or other entity, as a result of the project, from a landowner that restricts the future use of the property to woodlands.

(d) "Local taxing district" means any county, municipality, school district or other local entity that levies an ad valorem tax or for which an ad valorem tax is levied, to fund all or a portion of its budget.

(2) The board of supervisors of any county in the project area may, in its discretion, require all landowners in the county who sell reforestation easements in the project area to annually pay to the county tax collector an assessment equal to the difference between the amount of ad valorem taxes that would have been paid by the landowner on such property if the property had the same use that it had prior to the sale of such easement and the amount of ad valorem taxes actually paid by the landowner.

(3) Assessments shall be paid to the county in the same manner as ad valorem tax payments are made.

(4) Assessments received by county tax collectors shall be distributed to local taxing districts as reimbursement for ad valorem taxes that are lost as a result of the sale of reforestation easements. Payments received by a local taxing district pursuant to this section shall be utilized in the same manner as ad valorem tax receipts.

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