House Bill 1209

(As Passed the House)

AN ACT TO AMEND SECTION 59-17-29, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE INLAND PORT AUTHORITY TO SELL REAL PROPERTY OWNED BY IT AND ACQUIRED THROUGH CONDEMNATION OR EMINENT DOMAIN PROCEEDINGS TO THE ORIGINAL OWNER OR THE ORIGINAL OWNER'S CHILDREN IF THE PROPERTY IS NOT USED OR PLANNED FOR USE FOR A PUBLIC PURPOSE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 59-17-29, Mississippi Code of 1972, is amended as follows:

59-17-29. (1) The board, acting jointly with the state inland port authority, is authorized to set aside, or lease all or portions of any lands, roads, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats, or any other necessary or useful improvements constructed or acquired by it to individuals, firms, or corporations, public or private, for port, harbor, commercial or industrial purposes for a period not to exceed ninety-nine (99) years, or to execute a conveyance of sale, except as otherwise limited by law, on such terms and conditions and with such safeguards as would best promote and protect the public interest. Any industrial lease of lands may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the board in orders or resolutions authorizing the same. Any covenants and agreements shall require the lessee to make expenditures in determined amounts, and within such time or times, for improvements to be erected upon the land, by such lessee and to conduct thereon industrial and/or other operations in such aggregate payroll amounts and for such period of time as may be determined and defined in such lease. Such instrument may contain reasonable provisions giving the lessee the right to remove its or his improvements upon the termination of the lease.

(2) (a) The state inland port authority, in its discretion, may sell any real property acquired by it through condemnation or eminent domain proceedings to the person or persons who held record title to and ownership of the property at the time it was condemned, or to a child or children of any such person, upon making a written finding and entering upon its official minutes a statement indicating that the property is not being used for a public purpose and that there are no definitive plans by the port authority for use of the property for a public purpose in the immediate future. The price to be paid to the port authority for the property shall be the price that was paid to the owner at the time that it was acquired by the port authority plus the fair market value of any improvements to such property.

(b) Before the property may be conveyed, the state inland port authority shall:

(i) Require the previous owner and/or his child or children to provide the port authority with a clear description of the property to be conveyed and all documentation necessary to identify and prove that the person or persons to whom the property is to be conveyed is the original owner of the property or his child or children; and

(ii) Provide notice of the proposed conveyance of the property to all persons to whom the property is authorized under this subsection to be sold. Such notice shall be given in the same manner and in accordance with the same procedure as authorized for service of process in civil cases.

(c) Upon making the finding required under paragraph (a) of this subsection, receiving and verifying the documentation presented to the port authority under paragraph (b)(i) of this subsection and providing the notice required under paragraph (b)(ii) of this subsection, the state inland port authority may execute all documents and take such actions as may be necessary to convey the property as authorized under this subsection. Any such conveyance may be made by quitclaim deed signed by the presiding officer of the state inland port authority.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.