House Bill 2

(As Passed the House)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF LOWNDES COUNTY, MISSISSIPPI, TO EXERCISE CERTAIN POWERS WITH REGARD TO CERTAIN PROJECTS DEFINED IN THE MISSISSIPPI MAJOR ECONOMIC IMPACT ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. With regard to a project as defined in Section 57-75-5(f)(xxii), the Board of Supervisors of Lowndes County, Mississippi, is authorized and empowered to exercise the following additional powers:

(a) To acquire by purchase, lease, gift or condemnation, including quick-take eminent domain pursuant to Sections 11-27-81 through 11-27-89, or obtain options to acquire, and to own, maintain, use, operate and convey any and all property of any kind, real, personal or mixed, or any interest or estate therein, including, but not limited to, leasehold interests, within the project site, necessary for the project. In acquiring lands by condemnation, including the exercise of quick-take eminent domain, for the project the Board of Supervisors of Lowndes County may acquire oil, gas and other minerals, mineral rights, including severed mineral leasehold interests, mineral rights and mineral royalty interests. The provisions of this paragraph (a) that allow the acquisition of property by quick-take eminent domain or condemnation shall be repealed by operation of law on July 1, 2012.

(b) To negotiate the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines and related facilities, cellular towers and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire by condemnation or otherwise easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the facilities being relocated or rerouted in connection with the purposes of the project.

(c) To negotiate the necessary relocation of graves and cemeteries and to pay all reasonable costs thereof as necessary for the project.

(d) To lease, sell or convey any or all property acquired by Lowndes County, its agencies or political subdivisions, to the enterprise owning or operating the project, its affiliates, successors or assigns, and in connection therewith to warrant title to pay the costs of title search, perfection of title, title insurance and recording fees as may be required for the project.

(e) To execute contractual agreements to warrant the project site for any and all preexisting environmental issues and to indemnify an enterprise owning or operating a project on that site for such preexisting environmental issues.

(f) To adopt and enforce all necessary and reasonable rules and regulations and restrictions to carry out and effectuate the implementation of the project concerning mining or any other activity the occurrence of which may endanger the structure or operation of the project. These rules may be enforced in Lowndes County within the project area and without the project area as necessary to protect the structure and operation of the project.

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