House Bill 197

AN ACT TO AMEND SECTION 65-1-169, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI TRANSPORTATION COMMISSION SHALL AUTHORIZE THE CITY OF CLINTON TO INSTALL AND MAINTAIN A FLAG POLE ON HIGHWAY RIGHT-OF-WAY AT THE INTERSECTION OF U.S. HIGHWAY 80 AND SPRINGRIDGE ROAD NEAR THE LOCATION OF THE FAMILY CEMETERY PLOT OF FORMER GOVERNOR WALTER LEAKE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-1-169, Mississippi Code of 1972, is amended as follows:

65-1-169. The Mississippi Transportation Commission is hereby authorized to maintain property acquired for highway purposes free and clear of any obstruction, encroachment or any other use not authorized by the commission. Before removing or terminating any obstruction, encroachment or other unauthorized use, the commission shall give notice by registered mail to the offending party of its intention to remove or terminate such obstruction, encroachment or other unauthorized use unless, within forty-five (45) days from the date such notice is mailed, the offending party institutes a civil action in any court of competent jurisdiction with respect to the removal or termination proposed by the commission. When the commission has removed or terminated any obstruction, encroachment or other unauthorized use after the mailing of notice as required above and upon the failure of the offending party to institute an action within the forty-five-day time period, the commission may institute a civil action in any court of competent jurisdiction against the offending party for all costs incurred in the removal or termination thereof.

The Transportation Commission, the Transportation Department and Transportation Department personnel shall not be liable, civilly or criminally, for any property damages or personal injuries incurred by any person for the removal or termination of such obstruction, encroachment or unauthorized use in accordance with the provisions of this section provided that reasonable care is exercised in the termination or removal of the obstruction, encroachment or unauthorized use. The provisions of this section shall not be construed as a waiver, in whole or in part, of the sovereign immunity of the state, the Transportation Commission or the Transportation Department.

The provisions of this section shall apply only to the removal or termination of obstructions, encroachments or other unauthorized uses of property acquired for highway purposes which first occur or are created on or after July 1, 1988. The provisions of this section shall not apply to or affect any right or remedy which the Transportation Commission was authorized by law prior to July 1, 1988, to exercise in the removal or termination of any such obstructions, encroachments or other unauthorized uses occurring or created before July 1, 1988.

Notwithstanding any other provisions of this section to the contrary, the Mississippi Transportation Commission shall authorize the City of Clinton to install and maintain a flag pole on highway right-of-way at the intersection of U.S. Highway 80 and Springridge Road near the location of the family cemetery plot of former Governor Walter Leake. However, such flag pole shall not be placed in a position that, in the opinion of the commission, will obstruct the vision of motorists or create a traffic hazard.

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