MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Property
By: Representative Calhoun
AN ACT TO AMEND SECTION 1, CHAPTER 564, LAWS OF 2007, TO AUTHORIZE THE SECRETARY OF STATE TO LEASE THE PROPERTY FORMERLY KNOWN AS THE "OLD SCHOOL FOR THE BLIND," WHICH IS LOCATED NORTH OF EASTOVER DRIVE IN THE CITY OF JACKSON, HINDS COUNTY, MISSISSIPPI, FOR PURPOSES OF REDEVELOPMENT FOR TERMS NOT TO EXCEED 80 YEARS RESULTING IN ITS HIGHEST AND BEST USE; TO REPEAL SECTIONS 2 AND 3, CHAPTER 564, LAWS OF 2007, WHICH PRESCRIBE THE TERMS FOR RESIDENTIAL LEASES ENTERED INTO BY THE MISSISSIPPI DEVELOPMENT AUTHORITY WITH REGARD TO THE PROPERTY; TO AMEND SECTION 2, CHAPTER 561, LAWS OF 2009, IN CONFORMITY TO THE PRECEDING PROVISIONS OF THIS ACT; TO AUTHORIZE THE SECRETARY OF STATE TO CONTRACT WITH A DEVELOPMENT FACILITATOR TO IDENTIFY AND SELECT QUALIFIED DEVELOPERS; TO REQUIRE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO ASSIST THE SECRETARY OF STATE AND THE DEVELOPMENT FACILITATOR IN THE PERFORMANCE OF THE CONTRACT; TO REQUIRE THE SECRETARY OF STATE TO OBTAIN AT LEAST ONE APPRAISAL ON THE PROPERTY TO ESTABLISH ITS FAIR MARKET RENTAL VALUE; TO PROVIDE THAT THE PROPERTIES DESCRIBED IN SECTIONS 1 AND 2 OF THIS ACT SHALL NOT BE LEASED FOR AN AMOUNT LESS THAN THE FAIR MARKET RENTAL VALUE; TO REQUIRE THAT ANY LEASE EXECUTED UNDER THIS ACT MUST CONTAIN PROVISIONS FOR THE PERIODIC ADJUSTMENT OF RENTALS THROUGHOUT THE TERM OF THE LEASE; TO AMEND SECTION 29-1-201, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS OF THIS ACT; TO AMEND SECTIONS 27-33-17 AND 27-33-19, MISSISSIPPI CODE OF 1972, TO ALLOW HOMESTEAD EXEMPTION FOR PERSONS WHO LEASE OR ASSIGN THE PROPERTY FROM THE LESSEE AND OCCUPIES AND USES THE PROPERTY AS A HOME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 1, Chapter 564, Laws of 2007, is amended as follows:
Section 1. (1) Acting on behalf of the Department of Education, the Secretary of State, with the approval of the Governor, is authorized to lease * * * all of the land, formerly known as the "Old School for the Blind," located north of Eastover Drive in the City of Jackson, Hinds County, Mississippi, for a primary term and any renewal term not to exceed eighty (80) years. The property is more particularly described as follows:
Starting at a concrete monument that is the SE corner of the SW 1/4 of the SW 1/4 of Section 24, T6N, R1E in the First Judicial District, Hinds County, Mississippi, run thence N 00°-01' E along the line between the E 1/2 and the W 1/2 of the SW 1/4 of Section 24, T6N, R1E for a distance of 194.40 feet to a point on the north line of Eastover Drive, as said drive is now laid out and improved, the point of beginning.
Run thence N 56°-46' W along said north line of said Eastover Drive for a distance of 3.02 feet to the P.C. of a curve to the left with a radius (chord) of 5769.65 feet (angle of curve was omitted, 04°-00'-0r"); Run thence along said curve and said north line of Eastover Drive for a distance of 402.91 feet to the P.T. of said curve; Run thence N 60°-46' W along said north line of said Eastover Drive for a distance of 684.92 feet to a point on the east right-of-way line of U.S. Highway No. 51, as said highway is now laid out and improved, Run thence N 29°-14' E along said east right-of-way line of U.S. Highway No. 51 for a distance of 1422.24 feet to a point; Run thence N 87°-06' E for a distance of 251.28 feet to a point on the line between the E 1/2 and the W 1/2 of the SW 1/4 of Section 24, T6N, R1E, and also being a point on the south line of share 1 of the Mosal partition; Run thence S 00°-01' W along said line between the E 1/2 and the W 1/2 of the SW 1/4 of Section 24, T6N, R1E for a distance of 1796.17 feet to the point of beginning.
All the above described land being situated in the W 1/2 of the SW 1/4 of Section 24, T6N, R1E in the First Judicial District of Hinds County, Mississippi, and being wholly within the corporate limits of the City of Jackson and containing 22.822 acres.
(2) (a) The Secretary of State is authorized to lease the property described in subsection (1) of this section for redevelopment. The Secretary of State is authorized to negotiate all aspects of the lease and any terms and ancillary agreements pertaining to the lease as may be deemed reasonably necessary to effectuate the intent and purposes of this act, and to ensure a fair and equitable return to the state. Final execution of the lease shall be subject to the approval of the Governor.
(b) It is the intent of the Legislature that the property will be redeveloped for the benefit of creating value while also preserving the local environment, promoting economic growth in the area and generating a constant revenue stream for the State of Mississippi. It is further the intent of the Legislature that the redevelopment of the property will:
(i) Result in the highest and best use as determined by the Secretary of State and the Mississippi Development Authority;
(ii) Ensure that the property is used in a manner that will not interfere with the operation of the Mississippi School for the Blind or the Mississippi School for the Deaf;
(iii) Include mixed-use development, designed and implemented to preserve and enhance the existing educational, residential and commercial integrity of the immediate vicinity of the property;
(iv) Be generally designed and implemented to improve the quality of life and promote economic development in the City of Jackson and the State of Mississippi; and
(v) Occur in a prompt and timely manner as practicable.
(c) The Secretary of State is authorized to negotiate an agreement in conjunction with the lease entered into with the developer selected under the authority of this act requiring that the lessee construct and/or fund the construction of a new residence for the Superintendent of the Mississippi School for the Blind and a new storage and building maintenance facility on the grounds of the new campus for the school.
* * *
(3) All lease and rental monies from the lease authorized in this section shall be deposited into a special fund, which is created in the State Treasury. Monies in the special fund may be expended for fees and expenses incurred in administering this act, and leases executed accordingly and for the construction of a new residence for the Superintendent of the Mississippi School for the Blind and a new storage and building maintenance facility as provided in subsection (2)(c) of this section. Any remaining monies in the special fund shall be disbursed by the Department of Finance and Administration, to the State Board of Education, for the sole benefit of the Mississippi School for the Blind and the Mississippi School for the Deaf. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.
(4) Oil, gas and mineral rights in the property shall be reserved to the State of Mississippi, and no provision of the lease may provide otherwise.
(5) Nothing in this section shall be construed to authorize the sale or transfer of title to the property described in subsection (1).
(6) There is created a legislative advisory committee to consult with the Mississippi Development Authority with regard to the property known as the "Old School for the Blind." Before the final selection of a developer and before the adoption of a final development plan, the Mississippi Development Authority shall meet with the advisory committee to make a presentation and offer its recommendations. The advisory committee shall be composed of the following members:
(a) The respective chairmen of the Public Property Committees and Education Committees of the House of Representatives and the Senate;
(b) One (1) member of the House of Representatives, to be appointed by the Speaker of the House; and
(c) One (1) member of the Senate, to be appointed by the Lieutenant Governor.
The respective chairmen of the House and Senate Public Property Committees shall serve as cochairmen of the committee. All members of the advisory committee shall be notified by the cochairmen in writing of all meetings, such notices to be mailed at least five (5) days before the date on which a meeting is to be held. Members of the committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session.
SECTION 2. Sections 2 and 3, Chapter 564, Laws of 2007, which prescribe the terms for residential leases entered into by the Mississippi Development Authority with regard to the Old School for the Blind Property are repealed.
SECTION 3. Section 2, Chapter 561, Laws of 2009 is amended as follows:
Section 2. (1) The Mississippi Transportation Commission is authorized to donate to the Mississippi Department of Education, all of the rights, title and interest in certain real property located within the City of Jackson, First Judicial District, Hinds County, Mississippi, in connection with the leasing of the "Old School for the Blind Property" by the Mississippi Development Authority, acting on behalf of the Department of Education, to a private developer under the authority of the provisions of Chapter 564, Laws of 2007. The property donated by the Mississippi Transportation Commission is more particularly described as follows:
Being situated in the Southwest 1/4 of Section 24, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi, and being more particularly described by metes and bounds as follows, to wit:
Commence at the southeast corner of the Southwest 1/4 of the said Southwest 1/4 of Section 24 and run North 00°44'25" West for 194.40 feet along the midline of the said Southwest 1/4 of Section 24 to an iron pin which marks the northeastern right-of-way line of Eastover Drive; thence run 615.70 feet along the arc of a 9,738.24 radius curve to the left along the said northeastern right-of-way line to the POINT OF BEGINNING of the herein described parcel, said arc having a 615.60 foot chord which bears North 59°10'22" West.
From said POINT OF BEGINNING, thence run along the northeastern right-of-way line of Eastover Drive for the following courses and distances: North 03°43'19" West for 52.94 feet; North 42°09'21" West for 30.11 feet; North 61°39'19" West for 21.92 feet; North 81°18'33" West for 74.33 feet; North 61°39'19" West for 120.00 feet; North 56°27'39" West for 55.23 feet; North 12°23'57" East for 36.40 feet; North 61°39'19" West for 30.00 feet; South 42°22'51" West for 41.23 feet; North 56°22'02" West for 38.72 feet; North 02°25'47" East for 11.18 feet to the southeastern right-of-way line of Interstate Highway No. 55; thence run along said southeastern right-of-way line for the following courses and distances: North 28°59'41" East for 188.36 feet; North 24°27'42" East for 61.59 feet; along the arc of a curve to the right, said curve having a radius of 14,268.95 feet, an arc length of 249.04 feet, a chord bearing of North 29°44'28" East, a chord length of 249.04 feet, and a central angle of 01°00'00"; North 16°21'54" East for 102.79 feet; thence, leaving said right-of-way line, run South 32°09'47" West for 99.85 feet; thence run on and along the arc of a curve to the left, said curve having a radius of 14,296.95 feet, an arc length of 311.05 feet, a chord bearing of South 29°37'05" West, a chord length of 311.04 feet, and a central angle of 01°14'48"; thence run South 28°59'41" West for 208.32 feet; thence run South 14°20'36" East for 43.71 feet; thence run South 59°20'36" East for 69.79 feet; thence run South 61°30'34" East for 254.59 feet; thence run South 68°33'12" East for 96.83 feet back to the POINT OF BEGINNING, and containing 0.87 acres, more or less.
This description is based on the Mississippi State Plane Coordinate System Grid North (NAD 83 – West Zone) using a combined factor of 0.999942059 and a convergence angle of +00°05'43".
(2) The Secretary of State is authorized to include the real property conveyed under subsection (1) of this section as part of the property leased to the developer selected under the authority of this act.
(3) The State of Mississippi shall retain all mineral rights in the property conveyed under subsection (1) of this section.
(4) The Secretary of State, acting on behalf of the State of Mississippi, is authorized to enter into negotiations with the developer selected under the authority of this act and with Entergy of Mississippi for purposes of working toward an agreement for the relocation of utility transmission lines located on the property.
(5) The Mississippi Department of Education shall have the authority to enter into a contractual agreement with the Department of Finance and Administration for the management and collection of rental and lease payments of ground leases for any residential or nonresidential property lease authorized under the authority of the provisions of Section 1 of this act. The Secretary of State may charge a fee not to exceed the costs of administering this act and leases executed hereunder. The State Board of Education is authorized to pay those fees to the Secretary of State from the special fund created under subsection (3) of Section 1 of this act.
SECTION 4. (l) The Secretary of State is authorized to
contract with a development facilitator to assist the State of
Mississippi in identifying potential developers of the property
described in Sections 1 and 2 of this act and in selecting the development plan and developer for the property that best represent the intent of the Legislature as expressed in this act. The Secretary of State is authorized to pay for the contractual services from fees generated by his office and to be reimbursed from income generated by the lease of the property.
(2) The Mississippi Development Authority shall provide advice and assistance to the Secretary of State and to the development facilitator in the performance of said contract.
SECTION 5. (1) Notwithstanding the provisions of Section 29-1-201, before obtaining any lease, whether a new or renewal lease, under this act, the Secretary of State shall obtain at least one (1) appraisal from a competent appraiser establishing the fair market rental value of the land, exclusive of any improvements owned by the lessee. The properties described in Sections 1 and 2 of this act shall not be leased for an amount less than the fair market rental value as determined by the appraiser. The cost of the appraisal shall be paid by the Secretary of State and will be included in the cost of any lease, periodic rental adjustment or lease renewal to be reimbursed by the lessee.
(2) Any lease, whether a new lease or renewal lease, executed under this act must contain provisions for the periodic adjustment of rentals throughout the term of the lease. Those provisions for periodic adjustment of rent shall be reasonably calculated to maintain a fair and equitable return to the state throughout the term of any lease or renewal term.
(3) Any lease, whether a new lease or renewal lease, executed under this act, may contain any other terms and provisions, including provisions for a share of income in addition to the amount determined in subsection (1) of this section from the developed property, as the Secretary of State, in his discretion, deems practical and necessary to effect the intent and purposes of this act, and being in the best interest of the state.
SECTION 6. Section 29-1-201, Mississippi Code of 1972, is amended as follows:
29-1-201. (1) The Governor's Office of General Services is hereby authorized and empowered, in its discretion, to lease for a period of not more than fifteen (15) years all or any part of those lands originally leased for ninety-nine (99) years as authorized by an act of the Legislature on March 2, 1875, the same appearing as Chapter LXII, Laws of 1875; said lands lying and being situated in the City of Jackson, First Judicial District, State of Mississippi; or to lease such lands to a public service corporation serving the general public of the State of Mississippi in the City of Jackson, the lease not to exceed a period of twenty-five (25) years; or to rent on a monthly basis the said lands; said rental or lease to be subject to the following terms and conditions applicable thereto:
(a) That the Governor's Office of General Services find and determine that the said lands, or parts thereof, are neither now needed nor are they programmed by the State of Mississippi for governmental purposes within the period of the proposed term of said lease or rental.
(b) That any lease period shall be computed from the expiration of the present lease, if any, on said lands.
(c) That the annual amount paid for leased lands be in an amount of not less than seven and one-half percent (7-1/2%) of the current fair market value as determined by the averaging of at least two (2) appraisals by members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers, except as otherwise provided in Section 5 of this act. The said appraisals shall be made not later than six (6) months prior to the expiration of any existing lease, and the said appraisals shall be made available to all interested parties. Thereafter, appraisals on said property may be made every five (5) years (computed from the date of the beginning of each such lease) at the insistence of either party and at the cost of the party demanding same, and the annual dollar rent shall be adjusted in accordance with said appraisal. All such appraisals shall be based on land value less any improvements that may have been heretofore added by the leaseholder in possession, or that hereafter be added by the leaseholder in possession; provided, however, that all improvements permanently affixed to any of the said lands under lease or rental as provided for herein shall become the property of the State of Mississippi upon final termination of such lease or rental.
(d) That the present holders under the unexpired terms of the existing leases shall have the first right and option to re-lease such lands, as they now may hold, provided that the existing leaseholders agree to pay rent at an annual amount of not less than seven and one-half percent (7-1/2%) of the fair market value of the property as determined by the terms and conditions stated in paragraph (c) of this subsection, and the re-leasing of such lands shall be subject to the other terms and conditions stated in this section. Consideration may be given to the present leaseholders under the existing leases in determining the term of the lease period to be granted under the first right and option as herein provided.
(e) That in the case of monthly rental of said lands or any part thereof, the Governor's Office of General Services is authorized to make such terms and agreements as to the amount and conditions thereof, and to follow such procedure as will insure that a fair and equitable return to the state is effectuated thereby.
(f) That in the event the Governor's Office of General Services is unable to lease the said lands as hereinabove provided or in the event the present leaseholders fail to exercise their option to re-lease, then in that event the Governor's Office of General Services shall, by public notice, offer the said lands to the highest and best bidder therefor; with said notice being published in one or more newspapers of general circulation in each existing congressional district; provided, however, the Governor's Office of General Services shall reserve unto itself the right to reject any or all such bids.
(g) That any present leaseholder of said lands who desires to exercise his right to first option to re-lease, as provided for herein, shall notify the Governor's Office of General Services in writing of his intent to exercise that right not later than three (3) months after the said appraisals provided for in subsection (c) are made available.
(h) That any lease or rental contract or agreement entered into by virtue of this section shall be approved as to form by the Public Procurement Review Board before the same is to be effective.
(i) That all lease and rental monies from any such leases or rentals be deposited in the state land acquisition fund.
(j) Nothing in this section shall be construed to authorize the sale or transfer of title to the said lands.
(2) It is the intent and purpose of this section to provide a fair and equitable return for the lease or rental of the said seat of government lands, and to afford lessees holding existing leases the first right and option to lease the same lands that they presently hold so as to continue any business or other utilization of the said lands not to exceed the periods provided for herein; and the Governor's Office of General Services is hereby empowered and authorized to follow such procedure and to make such arrangements, not inconsistent with the provisions here, as may be reasonably necessary to effect such purpose and intent.
SECTION 7. Section 27-33-17, Mississippi Code of 1972, is amended as follows:
27-33-17. The meaning of the words "own," "owned," "ownership" and similar words, for the purpose of this article, shall be limited to real estate, and to title, as follows:
(a) "Fee title," meaning inheritable title (whether by inheritance, gift or purchase), limited to only ownerships known as (i) "absolute" (freehold), or (ii) "tenancy for life" (life estate), or (iii) "tenancy in common," "joint tenancy," "joint ownership" and "common title"; the conditions of none of which may be restricted during the life of the owner as to possession, occupancy and use; and the words "joint owner," "joint tenant" or "joint tenancy" when used in this article shall include "tenant in common," "tenancy in common" and "estate in common," unless a different meaning is clearly indicated by the context.
(b) "An express trust of record," meaning a trust created in express terms in a recorded deed, will or other writing, with reference to the land to which it applies, the beneficiary of which trust is the head of a family, who under the terms of the trust, is entitled to and does occupy and use the property as a home, which property is assessed for taxation to the beneficiary and on which property the beneficiary pays the taxes, unless otherwise provided in the trust.
(c) "School lands legally leased," meaning a legal lease of school land which is perpetually renewable, or school land legally leased for a term of ten (10) years or more under the provisions of Section 211 of the Mississippi Constitution, the owner of which lease is the head of a family who is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.
(d) "Pearl River Valley Water Supply District lands legally leased," meaning a legal lease of lands owned in fee by the Pearl River Valley Water Supply District, an agency of the State of Mississippi, for a period of twenty (20) years or more, with the option of renewal for successive periods of ten (10) years, to a person, individually or in joint tenancy, who is the head of a family and is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.
(e) "Mississippi-Yazoo Delta Levee Board lands legally leased," meaning a legal lease of lands owned in fee title by the Mississippi-Yazoo Delta Levee Board, an agency of the State of Mississippi, for a period of five (5) years or more, with the option of renewal for successive periods of five (5) years, to a person, individually or in joint tenancy, who is the head of a family and is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law. This exemption shall include all leases in existence that were entered into prior to July 1, 1992.
(f) If title is held by deed or other grant, such instrument shall be dated and acknowledged on or before January 1 of the year for which homestead exemption is applied and shall be filed for record with the chancery clerk on or before January 7 of the year for which homestead exemption is applied and the book and page, or properly assigned unique identification number, of such recordation shall be noted on the application. If title is held by will, inheritance, adverse possession or any means other than grant, same may be proved by affidavit, citation of any court record, or such other evidence as may be required by the commission. However, nothing shall prevent homestead exemptions where it shall be shown that title was derived through inheritance and the recording evidence otherwise necessary was later recorded.
(g) "Fraternal or benevolent organization land legally leased," meaning a legal lease of land from any fraternal or benevolent organization owning land exempt from ad valorem taxation under the provisions of Section 27-31-1, leased for ten (10) years or more or for life, the owner of which lease is a head of a family who is entitled to and does occupy and uses the property as a home, and who renders the property for assessment and pays the tax thereon, as required by law. This paragraph shall not apply to any leased land if the dwelling located thereon is owned by the fraternal or benevolent organization.
(h) "A remainder interest in the dwelling and eligible land," meaning an interest held by the children of a testator in a dwelling and the eligible land on which it is located, created by the express terms of the will of the testator, in which the children of the testator are granted the use of property only upon the death or remarriage of the spouse of the testator or the occurrence of certain other contingencies and such dwelling and the eligible land on which it is located is assessed for taxation to the children of the testator and on which dwelling and eligible land the children of the testator pay the taxes thereon, as required by law.
(i) "Old School for the Blind" land legally leased, assigned or subleased," meaning a legal lease, assignment or sublease of land leased under Section 1 of this act for a term of ten (10) years or more, the owner of which lease, assignment or sublease is a head of a family who is entitled to and does occupy and uses the property as a home, and who renders the property for assessment and pays the tax thereon, as required by law.
SECTION 8. Section 27-33-19, Mississippi Code of 1972, is amended as follows:
27-33-19. The word "home" or "homestead" whenever used in this article shall mean the dwelling, the essential outbuildings and improvements, and the eligible land assessed on the land roll actually occupied as the primary home of a family group, eligible title to which is owned by the head of the family, a bona fide resident of this state, and when the dwelling is separately assessed on the land roll for the year in which the application is made, subject to the limitations and conditions contained in this article. And the meaning of the word is hereby extended to specifically include:
(a) One or more separate, bona fide dwellings and the land on which they are located, each occupied under eligible ownership rights by the widow or the widower, or the children of a deceased parent, each separate home being property or a portion of property owned by a deceased person whose estate has not been distributed or divided or vested in a person or persons for life. But in each case the property for which exemption is sought may not be more than the applicant's inherited portion, and must be accurately described on the application and the conditions explained in writing. But the heirs may elect to accept one (1) homestead for the estate. The home occupied by the surviving spouse as provided by the laws of this state shall be preferred over the homes claimed by the children, and the exemption to any other heir shall not exceed the remaining amount obtained by deducting the assessed value of the surviving spouse's portion from the assessed value of the whole, divided by the number of heirs other than the surviving spouse. Each heir claiming exemption shall meet the requirements as to occupancy, residence and head of a family, and no part of the undivided inherited lands shall be combined with other lands and included in a homestead exemption under this article except in the case of the surviving spouse.
(b) One or more separated dwellings and eligible land, not apartments, occupied each by a family group as a bona fide home, eligible title to which entire property is held jointly by purchase or otherwise by the heads of the families, and each joint owner shall be allowed exemption on the proportion of the total assessed value of all the property, equal to his fractional interest (except as otherwise provided in paragraph (r) of this section), provided no part of the jointly owned property shall be exempted to a joint owner who has been allowed an exemption on another home in the state.
(c) A dwelling and eligible lands owned jointly or severally by a husband and wife, if they are actually and legally living together. But if husband and wife are living apart, not divorced, as provided by paragraphs (c) and (d) of Section 27-33-13, jointly owned land shall not be included except that the dwelling occupied as a home at the time of separation shall be eligible if owned jointly or severally.
(d) The dwelling and eligible land on which it is located, owned and actually occupied as a home by a minister of the gospel or by a licensed school teacher actively engaged whose duties as such require them to be away from the home for the major part of each year, including January 1, provided it was eligible before such absence, and no income is derived therefrom, and no part of the dwelling claimed as a home is rented, leased or occupied by another family group, and when the home is eligible except for the temporary absence of the owner.
(e) The dwelling and the eligible land on which it is located, consisting of not more than four (4) apartments; provided (1) if one (1) apartment is actually occupied as a home by the owner the exemption shall be limited to one-fourth (1/4) the exemption granted pursuant to this article, or (2) if the dwelling and land is owned by four (4) persons and the four (4) owners each occupy one (1) apartment as a home, the exemption shall be granted equally to each owner; provided revenue is not derived from any part of the property except as permitted by paragraphs (g) and (h) of this section. If the dwelling and the eligible land on which it is located consists of not more than three (3) apartments, and one (1) apartment is actually occupied as a home by the owner, the exemption shall be limited to one-third (1/3) the exemption granted pursuant to this article, or if the dwelling and land is owned by three (3) persons and the three (3) owners each occupy one (1) apartment as a home, the exemption shall be granted equally to each owner; provided revenue is not derived from any part of the property except as permitted by paragraphs (g) and (h) of this section. If the dwelling and the eligible land on which it is located consists of not more than two (2) apartments and one (1) apartment is actually occupied as a home by the owner, the exemption shall be limited to one-half (1/2) the exemption granted pursuant to this article, or if the dwelling and land is owned by two (2) persons and the two (2) owners each occupy one (1) apartment as a home, the exemption shall be granted equally to each owner; provided revenue is not derived from any part of the property except as permitted by paragraphs (g) and (h) of this section.
(f) The dwelling and eligible land on which it is located, actually occupied as the bona fide home of a family group owned by the head of the family whereof five (5) and not more than six (6) rooms are rented to tenants or boarders, and where there are rented rooms and an apartment, the apartment shall be counted as three (3) rooms; provided the exemption shall be limited to one-half (1/2) the exemption granted pursuant to this article.
(g) The dwelling and eligible land being the bona fide home of a family group owned by the head of the family used partly as a boarding house, or for the entertainment of paying guests, if the number of boarders or paying guests does not exceed eight (8).
(h) The dwelling and eligible land being the bona fide home of a family group owned by the head of the family wherein activity of a business nature is carried on, but where the assessed value of the property associated with the business activity is less than one-fifth (1/5) of the total assessed value of the bona fide home; provided, however, that when the owner's full-time business is located in the bona fide home of the head of the family, such owner shall be limited to one-half (1/2) of the exemption granted pursuant to this article.
(i) The dwelling and the eligible land on which it is located and other eligible land even though ownership of and title to the dwelling and the land on which it is located has been conveyed to a housing authority for the purpose of obtaining the benefits of the Housing Authorities Law as authorized by Sections 43-33-1 through 43-33-53 or related laws.
(j) A dwelling and the eligible land on which it is located owned by a person who is physically or mentally unable to care for himself and confined in an institution for treatment shall be eligible notwithstanding the absence of the owner unless the home is excluded under other provisions of this article. The exemption is available for a period of ten (10) years from the day of confinement.
(k) The dwelling and the eligible land on which it is located owned by two (2) or more persons of a group, as defined in paragraph (f) of Section 27-33-13, when two (2) or more of the group have eligible title, or if the group holds a life estate, a joint estate or an estate in common; provided the title of the several owners shall be of the same class.
(l) A dwelling and the eligible land on which it is located under a lease of sixty (60) years by the Pearl River Valley Water Supply District at the reservoir known as the "Ross Barnett Reservoir" actually occupied as the home or homestead of a family or person as defined heretofore in this article. However, no such family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(m) Units of a condominium constructed in accordance with Section 89-9-1 et seq., Mississippi Code of 1972, known as the "Mississippi Condominium Law," and actually occupied as the home or homestead of a family or person as defined heretofore in this article. However, no such family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(n) A dwelling and the eligible land on which it is located held under a lease of ten (10) years or more or for life, from a fraternal or benevolent organization and actually occupied as the home or homestead of a family or person as defined heretofore in this article. No such family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(o) A dwelling being the bona fide home of a family group owned by the head of the family and located on land owned by a corporation incorporated more than fifty (50) years ago and in which the homeowner is a shareholder, and which corporation owns no land outside Monroe and Itawamba Counties. No family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(p) A dwelling and the eligible land on which it is located under a lease of five (5) years or more by the Mississippi-Yazoo Delta Levee Board actually occupied as the home or homestead of a family or person as defined pursuant to this article. However, no such family group or any other person qualified and defined pursuant to this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article. The definition shall include all leases in existence that were entered into prior to July 1, 1992.
(q) A dwelling and the eligible land on which the spouse of a testator is granted the use of such dwelling for life or until the occurrence of certain contingencies and the children of such testator are granted a remainder interest in the dwelling and eligible land. Such dwelling and eligible land will only qualify as a home or homestead if (i) the spouse of the testator would otherwise qualify as head of a family if the interest were a tenancy for life (life estate) and (ii) the dwelling and eligible land is actually occupied as the home of the spouse of the testator. The children of the testator shall be allowed to establish an additional homestead for purposes of this article.
(r) A dwelling and the eligible land actually occupied as the bona fide home of a family group. If a person has been granted use and possession of a home in a divorce decree, that individual is eligible for full exemption, regardless of whether the property is jointly owned.
(s) A dwelling being the bona fide home of a family group located on land owned by a corporation incorporated more than forty (40) years ago and in which the head of the family group is a shareholder, and which corporation owns no land outside Lee County, Mississippi. No family group or any other person qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(t) The floor or floors of a building used solely for the residence of a family group when the building is owned by the head of the family and another floor or floors of the building are used for business activity.
(u) A dwelling being the bona fide home of a family group located on land owned by an incorporated club and in which the head of the family group is a shareholder, and which incorporated club owns no land outside Union County, Mississippi; provided, the incorporated club pays all ad valorem taxes levied on the land upon which the dwelling is located. No family group or any other person qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(v) A dwelling and the eligible leasehold interest in land on which it is located under a lease, assignment or sublease for a term of ten (10) years or more on land leased, assigned or subleased under Section 1 of this act, actually occupied as the home or homestead of a family or person as defined pursuant to this article. However, no such family group or any other person qualified and defined pursuant to this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(w) The portion of a building that is listed on the National Register of Historic Places that is used solely for the residence of a family group when the building is owned by the head of the family and rooms in the building are rented to transient guests; however, not more than ten (10) rooms in the building may be rented to transient guests.
SECTION 9. This act shall take effect and be in force from and after its passage.