House Bill 1168

AN ACT TO AUTHORIZE THE STATE OF MISSISSIPPI TO DIVEST ITSELF OF CONTAMINATED PUBLIC TRUST TIDELANDS IN EXCHANGE FOR CERTAIN REAL PROPERTY AS MITIGATION; AND FOR RELATED PURPOSES.

WHEREAS, the plan approved for the cleanup and remediation of the Cavenham Forest Industries, Inc., site in Gulfport, Mississippi, calls for the bulkheading and filling of two (2) environmentally contaminated inlets to Turkey Creek; and

WHEREAS, the bulkheading and filling of said contaminated inlets will destroy the nature and character of said inlets as public trust tidelands; and

WHEREAS, the plan for remediation calls for the creation of new water bottoms and marsh on private lands of a nature and character compatible with the public trust tidelands; and

WHEREAS, it is in the best interest of the State of Mississippi and of the trust in which the public tidelands are held to exchange the contaminated inlets to Turkey Creek for the newly created water bottoms, marsh and other lands; Now, Therefore,

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

SECTION 1. (1) The Secretary of State, acting for and on behalf of the State of Mississippi, with the approval of the Governor, is hereby authorized to convey to Cavenham Forest Industries, Inc., the two (2) brownfield sites subject to remediation in Harrison County, Mississippi. Upon disposal by the State of Mississippi, the parcels shall be treated in the same manner as any other privately owned lands.

(2) In consideration of the conveyance of the parcels of land described in this section, the Secretary of State, acting for and on behalf of the State of Mississippi, is hereby authorized to acquire from Cavenham Forest Industries, Inc., newly created water bottoms, marsh and other lands of like size and value to the parcels of land described in this section. Upon acquisition by the State of Mississippi, the newly created submerged lands, marsh and other lands shall become and hereafter be deemed a part of the public trust tidelands.

(3) (a) The value of the parcels to be exchanged shall be determined by a qualified appraiser selected by the Secretary of State.

(b) Upon determination of the value of the parcels to be disposed of by the State of Mississippi, the boundaries of the parcel or parcels to be acquired by the State of Mississippi shall be surveyed by a competent surveyor selected by the Secretary of State, and the surveyor shall prepare an accurate description of the lands to be acquired by the State of Mississippi.

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