MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Highways and Transportation

By: Senator(s) Dearing

AN ACT TO AMEND SECTIONS 55-13-5, 55-13-7, 55-13-13, 55-13-15, 55-13-17, 55-13-19, 55-13-33, 55-13-35 AND 55-13-41, MISSISSIPPI CODE OF 1972, TO CLARIFY THE LAWS GOVERNING THE CONSTRUCTION OF THE NATCHEZ TRACE PARKWAY; TO CLARIFY THE AUTHORITY OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO CONSENSUALLY PURCHASE AND CONDEMN PROPERTY FOR THE RIGHT-OF-WAY OF THE NATCHEZ TRACE PARKWAY; TO PROVIDE THAT THE PURCHASE AND CONDEMNATION OF SUCH PROPERTY MAY BE CONDUCTED TO THE FULL EXTENT ALLOWED BY OTHER PROVISIONS OF THE LAWS OF THE STATE; TO CLARIFY THE SOURCES OF FUNDING FOR THE COSTS OF ACQUIRING SUCH RIGHT-OF-WAY; TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO CONVEY RIGHT-OF-WAY ACQUIRED BY IT FOR THE NATCHEZ TRACE PARKWAY TO THE UNITED STATES; TO CLARIFY THE ASSISTANCE THAT THE MISSISSIPPI TRANSPORTATION COMMISSION IS AUTHORIZED TO GIVE THE FEDERAL GOVERNMENT REGARDING THE CONSTRUCTION OF THE NATCHEZ TRACE PARKWAY; TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO ACQUIRE THE RIGHT-OF-WAY AND SCENIC EASEMENTS THAT IT CONSIDERS APPROPRIATE TO COMPLETE THE TERMINUS OF THE NATCHEZ TRACE PARKWAY IN NATCHEZ, MISSISSIPPI; TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO UTILIZE ANY LAWS AVAILABLE TO IT UNDER THE LAWS OF THE STATE OF MISSISSIPPI TO REMOVE JUNKYARDS AND TO REMOVE ADVERTISING THAT IS PROHIBITED ALONG THE NATCHEZ TRACE PARKWAY; TO REPEAL SECTIONS 55-13-1, 55-13-9, 55-13-11, 55-13-21, 55-13-23, 55-13-27, 55-13-29, 55-13-31, 55-13-37, 55-13-39, 55-13-43 AND 55-13-45, MISSISSIPPI CODE OF 1972, WHICH CREATE AND PROVIDE FOR THE POWERS AND DUTIES OF THE NATCHEZ TRACE PARKWAY COMMISSION; PROVIDE FOR THE PAYMENT OF THE COSTS OF ACQUISITION OF RIGHT-OF-WAY BY COUNTIES; REQUIRE THE ATTORNEY GENERAL, DISTRICT ATTORNEYS AND COUNTY ATTORNEYS TO ASSIST IN THE ACQUISITION OF RIGHT-OF-WAY; PROVIDE FOR PAYMENTS FOR TIMBER ON ACQUIRED LAND; PROVIDE FOR THE CONDEMNATION OF PROPERTY; PROVIDE FOR THE SALE OF MINERAL INTERESTS TO FORMER OWNERS; AND PROVIDE FOR CERTAIN REGULATION OF ADVERTISING STRUCTURES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 55-13-5, Mississippi Code of 1972, is amended as follows:

55-13-5. The right-of-way * * * for the Natchez Trace Parkway shall be of such size and dimension as may be required by the United States government or its subsidiaries in charge of any such parkway. The amount of right-of-way held in fee simple shall not exceed one hundred (100) acres on the average to the mile of such roadway * * *. Scenic easements in combination with any right-of-way held in fee simple shall not exceed one hundred fifty (150) acres on the average to the mile of such roadway * * *.

SECTION 2. Section 55-13-7, Mississippi Code of 1972, is amended as follows:

55-13-7. The Mississippi Transportation Commission, in the acquisition of the lands for the Natchez Trace Parkway, shall have full power and authority to consensually purchase and to condemn such lands for the right-of-way for the Natchez Trace Parkway to the full extent allowed by other provisions of the laws of the State of Mississippi * * *. * * *

SECTION 3. Section 55-13-13, Mississippi Code of 1972, is amended as follows:

55-13-13. Whenever the Governor of the State of Mississippi and the Mississippi Transportation Commission shall deem it to be in the best interest of the State of Mississippi to proceed to purchase additional right-of-way for the Natchez Trace Parkway so that such rights-of-way may be available for any contemplated or proposed appropriation to be made by the United States government looking toward the completion of such Natchez Trace Parkway, then the Mississippi Transportation Commission is authorized, directed and empowered to proceed to purchase such additional rights-of-way as the * * * Mississippi Transportation Commission and the Governor of the State of Mississippi may deem necessary. * * * The cost of such right-of-way for Natchez Trace Parkway, including the making of surveys and the preparation of plans and specifications and eminent domain proceedings and other necessary expenses may be paid * * * out of any funds made available * * * for use by the Mississippi Department of Transportation regardless of whether such funds are designated for construction or maintenance * * *.

SECTION 4. Section 55-13-15, Mississippi Code of 1972, is amended as follows:

55-13-15. * * *

The Mississippi Transportation Commission is authorized and empowered to convey right-of-way acquired by it for the Natchez Trace Parkway to the United States of America without any consideration if the federal government requires as a precondition to it providing financial assistance for operations on such right-of-way the transfer of such right-of-way to the federal government. The Transportation Commission is authorized to convey the right-of-way to the United States of America by warranty, special warranty or quitclaim deed and to retain whatever present or reversionary interests in the right-of-way it deems appropriate.

SECTION 5. Section 55-13-17, Mississippi Code of 1972, is amended as follows:

55-13-17. The Natchez Trace Parkway * * * is hereby made a part of the state highway system. * * * Full jurisdiction over the Natchez Trace Parkway is * * * conferred upon the Mississippi Transportation Commission for the purpose of assisting the agents and employees of the federal government in route selection, lane placement, design, right-of-way limit selection, right-of-way acquisition (including, but not limited to, all eminent domain matters), soil testing, engineering, contractor selection and contractor management.

The Mississippi Transportation Commission may receive on behalf of and in the name of the State of Mississippi all rights-of-way and scenic easements necessary or appropriate for the Natchez Trace Parkway by fee simple title or any inferior title.

SECTION 6. Section 55-13-19, Mississippi Code of 1972, is amended as follows:

55-13-19. * * * The Mississippi Transportation Commission is * * * authorized * * * to acquire by purchase or eminent domain the right-of-way and scenic easements it considers appropriate to complete the terminus of the Natchez Trace Parkway in Natchez, Mississippi, and to transfer such right-of-way to the United States of America for the construction of the Natchez Trace Parkway. * * *

SECTION 7. Section 55-13-33, Mississippi Code of 1972, is amended as follows:

55-13-33. No advertisement or advertising structure shall be erected, constructed, installed, maintained or operated within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway outside the limits of any municipality except as follows:

(a) Signs, displays or devices which advertise sale, lease, rental or development of the property on which it is located;

(b) Signs, displays or devices which carry only advertisements strictly related to the lawful use of the property on which it is located including signs, displays and devices which identify the business transacted, services rendered, goods sold or produced on the property, name of the business or name of the person, firm or corporation occupying or owning the property. The size of signs advertising the major activity of a business is not regulated under Sections 55-13-33, 55-13-35 and 55-13-41; however, signs which advertise brand name products or service sold or offered for sale on the property shall not be displayed unless such signs are on or attached to the building in which such products are sold. All signs permitted under this paragraph shall be located not more than one hundred fifty (150) feet from the building in which such business activity is carried on;

(c) Historic markers erected by duly constituted and authorized public authorities;

(d) Highway markers and signs erected or caused to be erected by the Mississippi Department of Transportation or other authorized authorities in accordance with the law;

(e) Directional and official signs or notices erected and maintained by public officers or agencies pursuant to and in accordance with lawful authorization for the purpose of carrying out an official duty or responsibility;

(f) * * * Signs located within a one thousand (1,000) foot radius of intersections created by the crossing of the boundary of the Natchez Trace Parkway with the right-of-way lines of components of the National System of Interstate and Defense Highways, the Federal Aid Primary Highway System or the Mississippi System of Primary Highways;

(g) Signs located within the limits of any municipality;

(h) Advertising structures in existence on July 1, 1988, as long as they are within the average life span for such structures but in no event longer that twenty-five (25) years.

SECTION 8. Section 55-13-35, Mississippi Code of 1972, is amended as follows:

55-13-35. It shall be unlawful to construct or erect a building of more than three (3) stories or thirty-five (35) feet in height, whichever is lesser, within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway. Such restrictions on buildings shall apply notwithstanding that such area is located inside or outside a municipality and notwithstanding any other provisions of law to the contrary. * * *

This section shall not apply to:

(a) Any building in existence on July 1, 1988;

(b) Silos and buildings designed for agricultural use which serve only one (1) farm; and

(c) Churches * * *.

SECTION 9. Section 55-13-41, Mississippi Code of 1972, is amended as follows:

55-13-41. * * *

The Mississippi Transportation Commission may utilize any remedy available to it under the laws of this state to remove junkyards and to remove any advertising that does not comply with the provisions of this chapter.

SECTION 10. Sections 55-13-1, 55-13-9, 55-13-11, 55-13-21, 55-13-23, 55-13-27, 55-13-29, 55-13-31, 55-13-37, 55-13-39, 55-13-43 and 55-13-45, Mississippi Code of 1972, which create and provide for the powers and duties of the Natchez Trace

Parkway Commission; provide for the payment of the costs of acquisition of right-of-way by counties; require the Attorney General, district attorneys and county attorneys to assist in the acquisition of right-of-way; provide for payments for timber on acquired land; provide for the condemnation of property; provide for the sale of mineral interests to former owners and provide for certain regulation of advertising structures, are hereby repealed.

SECTION 11. This act shall take effect and be in force from and after its passage.