House Bill 861

AN ACT TO EXEMPT FROM THE "ANTIQUITIES LAW OF MISSISSIPPI AND THE REGULATORY AUTHORITY OF THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY ALL REAL PROPERTY BELONGING TO, OR UNDER THE CONTROL OF, ANY AGENCY OR DEPARTMENT OF THE STATE OF MISSISSIPPI DEEMED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION BUREAU OF BUILDINGS, GROUNDS AND REAL PROPERTY MANAGEMENT AS NO LONGER FIT FOR A PUBLIC PURPOSE; TO PROVIDE THAT ANY DEMOLITION ACTIVITY ON SUCH PROPERTY SHALL BE SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO ESTABLISH THE MINIMUM CRITERIA TO BE USED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION IN MAKING ITS DETERMINATION OF THE NEED FOR DEMOLITION; AND FOR RELATED PURPOSES.

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

SECTION 1. All real property belonging to, or under the control of, any agency or department of the State of Mississippi, including any objects, buildings, artifacts or implements located thereon deemed by the Department of Finance and Administration Bureau of Buildings, Grounds and Real Property Management as no longer fit for a public purpose, shall be exempt from the provisions of the "Antiquities Law of Mississippi," as established under this chapter and from the regulatory authority of the Mississippi Department of Archives and History. However, any demolition activity on such property shall be subject to the approval of the Department of Finance and Administration. The Department of Finance and Administration shall establish criteria used in making determinations of the continued need for such properties, which at a minimum shall include:

(a) The present use of the property;

(b) The period of time the property has been vacated;

(c) An assessment of the condition property, and the potential for liability of the state as a result of patent or latent defects thereon; and

(d) An assessment of the projected costs for repairs and renovations to restore such property to a condition for occupancy.

SECTION 2. The provision of this act shall be codified within Chapter 7 of Title 39, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after its passage.