MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Universities and Colleges
By: Senator(s) Polk, Jackson (11th)
AN ACT TO CREATE SECTION 37-101-49, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO ACQUIRE OR DISPOSE OF REAL PROPERTY ON BEHALF OF ALL STATE UNIVERSITIES AFTER OBTAINING THE APPROVAL OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTIONS 37-113-3, 37-113-7, 37-115-1, 37-117-1, 37-119-1, 37-123-1, 37-125-1 AND 37-127-1, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 37-101-49, Mississippi Code of 1972:
37-101-49. (1) The Board of Trustees of State Institutions of Higher Learning may acquire or dispose of a state university's real property upon the recommendation of the chancellor or president of the university and after receiving approval from the Department of Finance and Administration.
(a) The board may acquire any real property required by and for the use of a university if the acquisition is made without the benefit of state funds specifically appropriated for the purchase.
(b) The board may dispose of any real property purchased or otherwise acquired for the use of a university or its subdivisions when the property is not needed in the university's programs of operations.
(i) The proceeds from the sale of the property may be used to purchase other real properties for the use of the university or may be retained by the university for its operations;
(ii) Consideration for the sale of real property under this section shall not be less than the fair market price of the property as determined by a professional property appraiser selected and approved by the Department of Finance and Administration. The appraisal shall be filed with the Department of Finance and Administration at least thirty (30) days before the proposed sale of the property. Appraisal fees shall be shared equally by the university and the purchaser.
(2) The board shall file a request for approval with the Department of Finance and Administration that shall include any documents related to the acquisition or disposal of real property under this section. Within thirty (30) days after the board files a request, the department must issue a written approval or denial. A request that is not answered within that time will be treated as an approval. The Department shall provide the board with a written statement that explains the reasons for the denial of a request.
(3) The State of Mississippi shall retain any mineral rights to the property sold under this section.
SECTION 2. Section 37-113-3, Mississippi Code of 1972, is amended as follows:
37-113-3. The state
institution of higher learning, as incorporated by an act of the Legislature,
approved February 28, 1878, by the name of the "Agricultural and
Mechanical College of Mississippi," and established in pursuance of that
act, shall continue to exist as a body-politic and corporate, by the name of
the "Mississippi State University of Agriculture and Applied
Science," with all its property and the franchises, rights, powers, and
privileges heretofore conferred on it by law, or properly incident to such a
body and necessary to accomplish the purpose of its creation; * * * the university may receive * * *, hold, acquire and dispose of all
real and personal property conveyed to it for such purpose.
SECTION 3. Section 37-113-7, Mississippi Code of 1972, is amended as follows:
37-113-7. (1) * * * Consistent with the provisions of Section 36-101-49,
Mississippi State University of Agriculture and Applied Science is hereby
authorized, in its discretion, to acquire by purchase, gift, or otherwise, any
real property required by and for the use of * * * the university, and * * * the university is authorized to
hold, use and operate such real property in conducting its authorized and
necessary program of work. This section is designed to make it possible for * * * the university and its
subdivisions to acquire, hold * * *, operate and dispose of real
property needed in its program of operations without the benefit of state funds
specifically appropriated for the purchase of * * * the properties. * * * The properties shall be acquired
or purchased on the recommendation of the Director of the Mississippi
Agricultural and Forestry Experimental Station made to and approved by
the president of * * *
the university * * *.
(2) * * * Consistent with the provisions of Section 36-101-49,
Mississippi State University of Agriculture and Applied Science is hereby
authorized, in its discretion, to sell any * * * real property purchased or otherwise
acquired under the authority of subsection (1) for the use of * * * the university or its subdivisions when * * * the property is not needed in the
university's programs of operations. * * * The properties shall be sold on
the recommendation of the Director of the Mississippi Agricultural and Forestry
Experimental Station made to and approved by the president of the
university * * *.
The proceeds from the sale of * * * the properties may be used to
purchase other real properties for the use of the university under the
provisions of subsection (1), or may be retained by the university for its
operations. Consideration for the sale of real property hereunder shall not be
less than the fair market price thereof as determined by a professional property
appraiser selected and approved by the * * * Department of
Finance and Administration. * * * The appraisal shall be filed
with the * * * Department of Finance and Administration * * * at least thirty (30) days prior to
the proposed sale of * * * the property. Appraisal fees shall be shared equally by
the university and the purchaser.
(3) * * * Mississippi State University of Agriculture and Applied
Science is hereby authorized and empowered to sell the following described
property owned by * * * the
university in Oktibbeha County, Mississippi, to wit:
Commence at the Northeast corner of the Southeast Quarter of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi and use as the point of beginning. Thence run West along the North boundary of the South Half of Section 15 a distance of 3,997 feet to the East right-of-way of Macon-Aberdeen Road; thence run South along said right-of-way a distance of 20 feet; thence run East a distance of 800 feet; thence run South 78 degrees 41' East a distance of 102 feet; thence run East a distance of 410 feet; thence run South a distance of 1,107 feet; thence run East a distance of 2,687 feet to the East boundary of Section 15; thence run North along said East boundary of Section 15 a distance of 1,147 feet to the point of beginning. Being 71.56 acres located in the East Three Quarter of the South Half of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi.
The proceeds from the sale
of * * * the
property shall be used * * * to
purchase other real property adjacent or in close proximity to the * * * university or its subdivisions, suitable for use in
the university's programs of operation. Consideration for the sale and
purchase of * * *
the property shall be for the fair market price thereof as determined by
a professional property appraiser selected and approved by the * * * Department of
Finance and Administration. * * * The appraisals shall be filed
with the * * * Department of Finance and Administration
at least thirty (30) days prior to the proposed sale or purchase of * * * the property. Appraisal fees
shall be shared equally by the university and the purchaser in the case of the
sale herein authorized, and by the university and the seller(s) in the case of
the purchase herein authorized.
(4) * * * Mississippi State University of Agriculture and
Applied Science is hereby authorized and empowered to sell the following
described property owned by * * * the university in George County, Mississippi, to wit:
The South West Quarter of the North West Quarter of Section Twenty, in Township One South of Range Six West, of the St. Stephens Meridian, Mississippi, containing Forty and Thirty One Hundredths of an acre.
The proceeds from the sale
of * * * the
property shall be used * * * to
purchase other real property adjacent or in close proximity to the * * * university or its subdivisions, suitable for use in
the university's programs of operation. Consideration for the sale and
purchase of * * *
the property shall be for the fair market price thereof as determined by
a professional property appraiser selected and approved by the * * * Department of
Finance and Administration. * * * The appraisals shall be filed
with the * * * Department of Finance and Administration
at least thirty (30) days prior to the proposed sale or purchase of * * * the property. Appraisal fees
shall be shared equally by the university and the purchaser in the case of the
sale herein authorized, and by the university and the seller(s) in the case of
the purchase herein authorized.
(5) * * * Mississippi State University of Agriculture and Applied
Science is hereby authorized and empowered to sell the following described
property owned by * * * the
university in Lauderdale County, Mississippi, to wit:
The Northeast Quarter of the Northeast Quarter of Section 2, in Township 6, Range 16 East, plus applicable easements and mineral rights thereto.
The proceeds from the sale
of * * * the
property shall be used * * * to
purchase other real property adjacent or in close proximity to the * * * university or its subdivisions, suitable for use in
the university's programs of operation. Consideration for the sale and
purchase of * * *
the property shall be for the fair market price thereof as determined by
a professional property appraiser selected and approved by the * * * Department of
Finance and Administration. * * * The appraisals shall be filed
with the * * * Department of Finance and Administration
at least thirty (30) days prior to the proposed sale or purchase of * * * the property. Appraisal fees
shall be shared equally by the university and the purchaser in the case of the
sale herein authorized, and by the university and the seller(s) in the case of
the purchase herein authorized.
(6) When any property is
sold * * * pursuant to this
section, the * * *
university shall retain for the State of Mississippi any mineral rights * * * the university has in * * * the land.
SECTION 4. Section 37-115-1, Mississippi Code of 1972, is amended as follows:
37-115-1. The University of
Mississippi, incorporated on the twenty-fourth of February, A.D., 1844, shall
continue to exist as a body-politic and corporate by that name and style, with
all its property, real and personal, and with all the franchises, rights,
powers and privileges heretofore conferred on it by law or properly incident to
such a body and necessary to accomplish the end of its creation; * * * the university may receive, hold
and dispose of all real and personal property conveyed to it for such purpose consistent
with the provisions of Section 37-101-49.
SECTION 5. Section 37-117-1, Mississippi Code of 1972, is amended as follows:
37-117-1. The institution
incorporated by the act of the Legislature, approved March 12, 1884, and
established in pursuance thereof, shall continue to exist as a body politic and
corporate by the name of the "Mississippi College for Women," with
all its property and franchises, rights, powers and privileges conferred on it
by law, or properly incident to such a body and necessary to accomplish the
purpose of its creation; * * * said consistent with the provisions of Section 36-101-49,
the college may receive, * * * hold,
acquire and dispose of all real estate and personal property conveyed or
given to it for such purposes. However, the name "Mississippi State
College for Women" is hereafter changed to "Mississippi University
for Women," without interference with the rights, powers and prerogatives
of * * * the
college which continue in all respects. Whenever the name "Mississippi
College for Women" appears the same is construed to denote
"Mississippi University for Women."
SECTION 6. Section 37-119-1, Mississippi Code of 1972, is amended as follows:
37-119-1. The institution
incorporated by an act of the Legislature, approved March 30, 1910, and
established in pursuance thereof, shall continue to exist as a body-politic and
corporate by the name of University of Southern Mississippi, with all its
property and franchises, rights, powers and privileges conferred on it by law,
or properly incident to such body and necessary to accomplish the purpose of
its creation; * * *
consistent with the provisions of Section 36-101-49, the university may
receive, * * *
hold, acquire and dispose of all real estate and personal property
conveyed or given it, and wherever the term of Mississippi Southern College
appears in the laws of the State of Mississippi the same shall be construed to
refer to the University of Southern Mississippi.
SECTION 7. Section 37-123-1, Mississippi Code of 1972, is amended as follows:
37-123-1. The body politic
and corporate created by Chapter 284, Laws of Mississippi 1924, by the name of
"Delta State Teachers' College" is continued to have perpetual
succession with power to contract and be contracted with; to receive by any
legal method of transfer or conveyance, property of any description, to have,
hold, * * *
employ, acquire and dispose of the same consistent with the
provisions of Section 36-101-49; to make and use a corporate seal, with
power to change the same; to adopt bylaws, rules and regulations for the
government of its members, official agents and employees. However, the name of * * * "Delta State Teachers' College"
shall be hereafter changed to "Delta State University" without
interference with the rights, powers and prerogatives of * * * the college which shall continue
in all respects.
Wherever the name "Delta State Teachers' College" or "Delta State College" appears, the same shall be construed to denote "Delta State University."
SECTION 8. Section 37-125-1, Mississippi Code of 1972, is amended as follows:
37-125-1. A body politic
and corporate is hereby created by the name of the "Jackson State
College" to have perpetual succession, with power to contract and be
contracted with, to receive by any legal method of transfer or conveyance,
property of any description, to have, hold, * * * employ, acquire and dispose of the
same consistent with the provisions of Section 36-101-49, to make and
use a corporate seal, with power to break or change the same, and to adopt
bylaws, rules, and regulations for the government of its members, official
agents, and employees. However, the name of * * * "Jackson State College" is
hereafter changed to "Jackson State University," without interference
with the rights, powers and prerogatives of * * * the college which continue in all
respects. Whenever the name "Jackson State College" appears, the
same is construed to denote "Jackson State University."
SECTION 9. Section 37-127-1, Mississippi Code of 1972, is amended as follows:
37-127-1. A body politic
and corporate is hereby created by the name of the "Mississippi Valley
State College" to have perpetual succession, with power to contract and be
contracted with, to receive by any legal method of transfer or conveyance,
property of any description, to have, * * * employ, acquire and dispose of
the same consistent with the provisions of Section 36-101-49, to make
and use a corporate seal, with power to break or change the same, and to adopt
bylaws, rules and regulations for the government of its members, official
agents, and employees. However, the name of * * * "Mississippi Valley State
College" is hereafter changed to "Mississippi Valley State
University," without interference with the rights, powers and prerogatives
of * * * the
college which continue in all respects. Whenever the name "Mississippi
Valley State College" appears, the same is construed to denote
"Mississippi Valley State University."
SECTION 10. This act shall take effect and be in force from and after July 1, 2014.