House Bill 1365

AN ACT TO AMEND SECTION 19-3-42, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY, AT THE WRITTEN REQUEST OF A RESIDENT OF THE COUNTY THAT OWNS PRIVATE LAND ADJOINING A COUNTY ROAD, TO PURCHASE AND INSTALL A DRAINAGE CULVERT ON OR ALONG THE RIGHT-OF-WAY OF THE ROAD; TO PROVIDE THAT THE PRIVATE LANDOWNER SHALL REIMBURSE THE COUNTY FOR ALL ACTUAL EXPENSES THAT THE COUNTY INCURS IN PURCHASING AND INSTALLING THE CULVERT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-3-42, Mississippi Code of 1972, is amended as follows:

19-3-42. (1) The board of supervisors of any county is hereby authorized and empowered, in its discretion, to grade, gravel or shell, repair, and/or maintain private gravel or shell roads or driveways to private residences if such roads or driveways are used for school bus turnarounds.

(2) Prior to engaging in the work authorized in subsection (1) of this section, the board of supervisors shall spread upon the official minutes of the board:

(a) The written request of the school board for such work;

(b) The written approval of the board of supervisors for such work;

(d) The name of the owner of the road or driveway to be worked.

(3) The written request of the school board, as required in subsection (2)(a) above, shall contain a current list of all active school bus turnarounds presently in use by the school district or contemplated for use by the school district for the present school year. The approval by the board of supervisors shall be valid and effective for the period of time that a turnaround is anticipated for use, but in no event for a period greater than one (1) year.

(4) In addition to the authority granted in subsection (1) of this section, from and after October 1, 1989, the board of supervisors of any county is further authorized, in its discretion, to maintain public school grounds of the county and to grade, gravel, shell or overlay, and/or to maintain gravel, shell, asphalt or concrete roads, driveways or parking lots of public schools of the county if, before engaging in such work, the board of supervisors shall spread upon its official minutes the written request of the school board for such work, the written approval of the board of supervisors for such work and the specific location of the school grounds or road, driveway or parking lot, to be worked.

(5) In addition to any other authority granted in this section, the board of supervisors of any county is hereby authorized, in its discretion, to repair and maintain driveways and parking lots of: (a) any nonprofit organization in the county which is tax exempt under Section 501(c) of the United States Internal Revenue Code and which has as one of its primary purposes for organization to aid and assist in the rehabilitation of persons suffering from drug abuse or drug addiction; and (b) any private, nonprofit cemeteries in the county. The board of supervisors of any county shall not be authorized under the provisions of this subsection to repair or maintain driveways or parking lots located more than one hundred fifty (150) feet from the center of any highway, road or street under the jurisdiction of the county.

(6) In addition to any other authority granted in this section, the board of supervisors of any county, at the written request of any resident of the county that owns private land adjoining a county road, may authorize the county, by order duly adopted and entered upon its official minutes, to purchase and install a drainage culvert on or along the right-of-way of such road if the board determines that although installation of the culvert may not be needed to preserve and maintain the road or right-of-way, installation of the culvert will provide adequate and convenient access to the road for the private landowner. In such case, the private landowner shall reimburse the county for all actual expenses that the county incurs in purchasing and installing the culvert.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.