MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Public Property

By: Representative Weathersby

House Bill 594

AN ACT TO AMEND SECTION 1, CHAPTER 480, LAWS OF 2014, TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO TRANSFER CERTAIN REAL PROPERTY LOCATED ON CAPERS AVENUE WITHIN THE CITY OF JACKSON, HINDS COUNTY, MISSISSIPPI, TO THE MAYOR AND COUNCIL OF THE CITY OF JACKSON, MISSISSIPPI; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 1, Chapter 480, Laws of 2014, is amended as follows:

     Section 1.  (1)  The Department of Finance and Administration is authorized to transfer and convey a certain tract or parcel of real property to the Mayor and Council of the City of Jackson, Mississippi, that is located on Capers Avenue in the City of Jackson, Hinds County, Mississippi, and is more particularly described as follows:

Starting at the concrete monument that is the SW corner of the SE 1/2 of the SW 1/2 of Section 33, T6N-R1E in the First Judicial District of Hinds County, Mississippi, and being also within the corporate limits of the City of Jackson, run thence due East along the line between Section 33, T6N-R1E and Section 4, T5N-R1E for a distance of 1138.85 feet to a concrete monument of the south right-of-way line of the Illinois Central Railroad, the point of beginning.

Run thence S 42 degrees-03° E along said South right-of-way line of the Illinois Central Railroad for a distance of 134.45 feet to a concrete monument of the line between the land being described herein and Battle Hill Subdivision of the City of Jackson; run thence S 31 degrees-51° W along said line between the land being described herein and Battle Hill Subdivision of the City of Jackson for a distance of 430.48 feet to a point on the north line of Capers Avenue (Extended) as said avenue is now laid out and dedicated in the City of Jackson, Hinds County, Mississippi; run thence N 54 degrees-09° W along said north line of Capers Avenue (Extended) for a distance of 873.53 feet to the P.C. of a curve to the right with a radius (arc) of 536.19 feet; run thence along said curve and said north line of Capers Avenue (Extended) for a distance of 493.56 feet to the P.T. of said curve; run thence due north along the east line of Capers Avenue (Extended) for a distance of 478.86 feet to the P.C. of a curve to the right with a radius (arc) of 321.77 feet; run thence along said curve and said east line of Capers Avenue (Extended) for a distance of 176.59 feet to a point on the south right-of-way line of the Illinois Central Railroad; run thence S 42 degrees-01' 21" E along said South right-of-way line of the Illinois Central Railroad for a distance of 1661.56 feet to the point of beginning.  All of the above described land being situated in the SE 1/4 of the SW 1/4 of Section 33, T6N-R1E and the NE 1/4 of the NW 1/4 of Section 4, T5N-R1E in the First Judicial District of Hinds County, Mississippi, and being wholly within the corporate limits of the City of Jackson and containing 18.35 acres, more or less.

 * * *(2)  (a)  If sold, the real property and the improvements thereon described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the average of at least two (2) appraisals by qualified appraisers, one (1) of which shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

          (b)  If the real property described in subsection (1) of this section is unable to be sold, the Department of Finance and Administration may conduct a public auction to dispose of such property.  Upon a determination by the department that the property cannot be sold by bid at appraised value, the department shall thereafter publish notice of public auction in some newspaper of general circulation in the state for at least three (3) consecutive weeks after which the department can sell the property at public auction to the highest bidder.

     ( * * *32)  The state shall retain all mineral rights in the property.

     ( * * *43)  The Department of Finance and Administration is vested with the authority to correct any discrepancies in the legal description of the property described in subsection (1) of this section.

 * * *(5)  All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into a special fund created in the State Treasury for the use and benefit of the Mississippi Department of Mental Health.  Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on the amounts in the special fund shall be deposited to the credit of the special fund.

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