MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Education

By: Senator(s) Hopson

Senate Bill 2422

AN ACT TO AMEND SECTION 29-3-92, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION AGAINST A SCHOOL DISTRICT UTILIZING THE POWER OF EMINENT DOMAIN IN ORDER TO OBTAIN AN EASEMENT FOR ACCESS TO SIXTEENTH SECTION LAND; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 29-3-92, Mississippi Code of 1972, is amended as follows:

     29-3-92.  (1)  The school board of a school district may acquire, in the name of the district, by purchase, all easements that are necessary and desirable for access to sixteenth section lands or lieu lands.  Whenever the purchase price for property on which an easement is to be located is greater than Fifty Thousand Dollars ($50,000.00), the school board may not purchase the property for an amount exceeding the fair market value of the property, as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State of Mississippi.

     (2)  In no event shall eminent domain be used against any private land owner by any local school board or local governing authority to acquire easement access to sixteenth section lands or lieu lands unless such lands are not directly accessible to a public roadway. * * *  If a landowner objects or refuses to sell an easement right in his or her property to the local school board, the board shall seek another means to gain access to those lands that does not interfere with the landowner's quiet use and enjoyment of his or her property.

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

---