MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Utilities; County Affairs
By: Representative Anderson
AN ACT TO REPEAL SECTIONS 49-17-701 THROUGH 49-17-775, MISSISSIPPI CODE OF 1972, WHICH COMPRISE THE MISSISSIPPI GULF COAST REGION UTILITY ACT; TO CREATE A NEW SECTION TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION IS AUTHORIZED TO OVERSEE SPENDING OF CERTAIN DISASTER FUNDS BY THE COUNTIES; TO AMEND SECTION 11-27-81, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 49-17-701, 49-17-703, 49-17-705, 49-17-707, 49-17-709, 49-17-711, 49-17-713, 49-17-715, 49-17-717, 49-17-719, 49-17-721, 49-17-723, 49-17-725, 49-17-727, 49-17-729, 49-17-731, 49-17-733, 49-17-735, 49-17-737, 49-17-739, 49-17-741, 49-17-743, 49-17-745, 49-17-747, 49-17-749, 49-17-751, 49-17-753, 49-17-755, 49-17-757, 49-17-759, 49-17-761, 49-17-763, 49-17-765, 49-17-767, 49-17-769, 49-17-771, 49-17-773 and 49-17-775, Mississippi Code of 1972, which comprise the Mississippi Gulf Coast Region Utility Act, are repealed.
SECTION 2. The Public Service Commission is authorized to oversee spending of any disaster monies by the counties that previously was governed under the Gulf Coast Region Utility Act. SECTION 3. Section 11-27-81, Mississippi Code of 1972, is amended as follows:
11-27-81. The right of immediate possession pursuant to Sections 11-27-81 through 11-27-89, Mississippi Code of 1972, may be exercised only:
(a) By the State Highway Commission for the acquisition of highway rights-of-way only;
(b) By any county or municipality for the purpose of acquiring rights-of-way to connect existing roads and streets to highways constructed or to be constructed by the State Highway Commission;
(c) By any county or municipality for the purpose of acquiring rights-of-way for widening existing roads and streets of such county or municipality; provided, however, that said rights-of-way shall not displace a property owner from his dwelling or place of business;
(d) By the boards of supervisors of any county of this state for the acquisition of highway or road rights-of-way in connection with a state-aid project designated and approved in accordance with Sections 65-9-1 through 65-9-31, Mississippi Code of 1972;
(e) By the Mississippi Wayport Authority for the purposes of acquiring land and easements for the Southeastern United States Wayport Project as authorized by Sections 61-4-1 through 61-4-13, Mississippi Code of 1972;
(f) By any county * * * or municipality * * *, for
the purpose of acquiring rights-of-way for water, sewer, drainage and other
public utility purposes; provided, however, that such acquisition shall not
displace a property owner from his dwelling or place of business. * * *
Provisions of this paragraph (f) shall not apply to House District 109;
(g) By any county authorized to exercise the power of eminent domain under Section 19-7-41 for the purpose of acquiring land for construction of a federal correctional facility or other federal penal institution;
(h) By the Mississippi Major Economic Impact Authority for the purpose of acquiring land, property and rights-of-way for a project as defined in Section 57-75-5(f)(iv)1 or any facility related to the project as provided in Section 57-75-11(e)(ii);
(i) By the boards of supervisors of any county of this state for the purpose of constructing dams or low-water control structures on lakes or bodies of water under the provisions of Section 19-5-92;
(j) By the board of supervisors of any county of this state for the purpose of acquiring land, property and/or rights-of-way for any project the board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(iv). The board of supervisors of a county may not exercise the right to immediate possession under this paragraph (j) after July 1, 2003;
(k) By a regional economic development alliance created under Section 57-64-1 et seq., for the purpose of acquiring land, property and/or rights-of-way within the project area and necessary for any project such an alliance, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxi). An alliance may not exercise the right to immediate possession under this paragraph (k) after July 1, 2012; or
(l) By the board of supervisors of any county of this state for the purpose of acquiring or clearing title to real property, property and/or rights-of-way within the project site and necessary for any project such board of supervisors, by a duly adopted resolution, determines to be related to a project as defined in Section 57-75-5(f)(xxii). A county may not exercise the right to immediate possession under this paragraph (l) after July 1, 2012.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.