MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Buildings, Grounds and Lands

By: Representative McBride, Morris, Henderson

AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO TRANSFER TO THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS CERTAIN REAL PROPERTY LOCATED IN QUITMAN COUNTY, MISSISSIPPI, ALSO KNOWN AS THE "O'KEEFE DIVISION LANDS"; TO AMEND SECTION 47-5-56, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 47-5-57, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A PUBLIC HEARING TO BE HELD BEFORE TIMBER IS CLEARED BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS ON THE O'KEEFE DIVISION LANDS; TO AMEND SECTION 29-1-55, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Department of Corrections is authorized to transfer to the Mississippi Department of Wildlife, Fisheries and Parks certain real property located in Quitman County, Mississippi, also known as the "O'Keefe Division Lands," described more specifically as follows:

All Mississippi Department of Corrections lands that

lie in Township 26, Range 1 West, Section 2 less the

NW 1/4 and the N 1/2 of the SW 1/4, Section 3, Section 10, Section 11, Section 12, Section 13, Section 14,

Section 15, Section 22, Section 23, Section 24,

Section 25, Section 26 and Section 27 of Quitman County, Mississippi.

Less and except:

Tract - 1 All of the cultivatable lands of the

(2) The Mississippi Department of Wildlife, Fisheries and Parks shall assume all supervision, management, maintenance and control of the property described in subsection (1) of this section.

(3) After the transfer of the real property described in subsection (1) of this section to the Mississippi Department of Wildlife, Fisheries and Parks, the Mississippi Department of Wildlife, Fisheries and Parks shall have the timber on the property cruised for the purpose of determining the current fair market value of the timber. The Mississippi Department of Wildlife, Fisheries and Parks may sell or otherwise dispose of timber on the real property for not less than the current fair market value as determined by the department under this subsection. However, before timber may be marketed or sold on such property by the Mississippi Department of Wildlife, Fisheries and Parks, a public hearing shall be held in relation to the cutting of timber on the property, and parties in interest and citizens shall have an opportunity to be heard at the hearing. At least fifteen (15) days' notice of the time and place of the hearing shall be published in an official newspaper or a newspaper of general circulation in the county in which the real property is located. After a hearing has been held in accordance with this section, the Mississippi Department of Wildlife, Fisheries and Parks may cut timber on the real property. Any funds received from the sale or other disposition of timber located on such property shall be deposited into a special fund in the State Treasury to be used by the Mississippi Department of Corrections for the general support of the department.

SECTION 2. Section 47-5-56, Mississippi Code of 1972, is amended as follows:

47-5-56. The department shall lease to the Mississippi Commission on Wildlife, Fisheries and Parks for a period of twenty (20) years all timberlands in Quitman County for an annual rental of One Dollar ($1.00). The lands so leased to the Mississippi Commission on Wildlife, Fisheries and Parks shall be used and maintained as a public game and fish management area. Proceeds from the sale of the timber or from any forest management practice shall be deposited into the Lambert State Forest Revolving Fund created in Section 47-5-78. All costs associated with the management of timber shall be paid from the fund. The remaining funds shall then be deposited in the Prison Agricultural Enterprises Fund, as created in Section 47-5-66. Any timber needed in the building operations carried on by the department may be purchased by the department at a cost not to exceed the cost of the management of that timber. Upon the transfer of the real property described in Section 1 of House Bill No. 1050, 2001 Regular Session, to the Department of Wildlife, Fisheries and Parks, the department and the Mississippi Department of Wildlife, Fisheries and Parks may terminate or modify any lease entered into under this section regarding such property.

SECTION 3. Section 47-5-57, Mississippi Code of 1972, which requires a public hearing to be held before timber is cleared by the Mississippi Department of Corrections on the O'Keefe Division Lands, is repealed.

SECTION 4. Section 29-1-55, Mississippi Code of 1972, is amended as follows:

29-1-55. Where timber standing on lands is assessed to persons other than those owning the fee title to the lands, and the taxes thereon are not paid and such timber is sold to the state for nonpayment of taxes, the Secretary of State may sell and dispose of such timber rights in the same manner as he may sell and dispose of tax-forfeited lands, and the proceeds received by said Secretary of State for the sale thereof shall be divided between the state, county, levee board, and drainage district as provided by law for the disposition of the proceeds derived from the sale of tax-forfeited lands. The owner in fee of lands may purchase from the state any tax-forfeited timber rights on lands owned by him in fee, regardless of the amount of lands that he may own. * * *

SECTION 5. This act shall take effect and be in force from and after its passage.