MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education

By: Senator(s) Harden

AN ACT TO AMEND SECTIONS 37-7-431 THROUGH 37-7-435, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT LAND TO BE ACQUIRED BY SCHOOL DISTRICTS BY THE EXCHANGE METHOD SHALL BE ADJACENT TO EXISTING SCHOOL DISTRICT PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 * * * lands exchanged. It shall not be necessary or requisite that competitive bids be advertised for or received in connection with such exchange of property.

SECTION 2. Section 37-7-435, Mississippi Code of 1972, is amended as follows:

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

SECTION 3. Section 37-7-431, Mississippi Code of 1972, is amended as follows:

37-7-431. Whenever the school board of any school district shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes, (a) that it shall need other lands located within 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 other lands are agreeable to such exchange, the school board of such school district shall be authorized and empowered, in its discretion, to negotiate a trade of lands upon such terms and conditions as the school board may, in its discretion, deem proper in consideration of the needs of the district and of the benefits which will inure to the said 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 4. This act shall take effect and be in force from and after July 1, 2000.