MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Ports and Marine Resources

By: Senator(s) Hewes

AN ACT TO CREATE SECTION 49-15-14, MISSISSIPPI CODE OF 1972, 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. The following shall be codified as Section 49-15-14, Mississippi Code of 1972:

49-15-14. (1) The department is hereby authorized to 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 is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys or other professionals to conduct the above described transactions. The department is authorized to 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 is authorized to grant easements and rights-of-way over and across any part of such state lands. Easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of such 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 such lands.

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