Senate Bill 2269

(As Passed the Senate)

AN ACT TO AMEND SECTION 49-5-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ACQUISITION OF INTERESTS IN REAL ESTATE AND PERSONAL PROPERTY BY THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS SHALL BE MADE ONLY UPON LEGISLATIVE AUTHORIZATION; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO MAKE PAYMENTS IN LIEU OF TAXES TO THE TAXING DISTRICTS LOCATED WITHIN THE STATE PARCELS OF THE "PHIL BRYANT WILDLIFE MANAGEMENT AREA" IN ISSAQUENA AND WARREN COUNTIES TRANSFERRED BY ANDERSON-TULLEY COMPANY TO THE STATE OF MISSISSIPPI, SUBJECT TO APPROPRIATION BY THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-5-71, Mississippi Code of 1972, is amended as follows:

49-5-71. (1) The Mississippi Commission on Wildlife, Fisheries and Parks is hereby authorized to acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of Sections 49-5-61 through 49-5-85 and otherwise in accordance with the provisions of law; however, any such purchase or acceptance of any donation, bequest or devise shall be made only upon legislative authorization. The commission is authorized to approve land or real estate suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.

(2) Before such real estate is purchased or leased, the fair market value of such real estate shall be determined by the averaging of at least two (2) appraisals by Mississippi Certified General Appraisers. Such appraisals shall be paid for by the State of Mississippi.

(3) The commission is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys to conduct the above described transactions. The commission is authorized to obtain title insurance on property purchased if, in the opinion of the commission, the best interests of the State of Mississippi would be served.

(4) In order to carry out its management responsibilities over all state lands which are now or may hereafter come under its jurisdiction, the Department of Wildlife, Fisheries and Parks is authorized to grant easements and rights-of-way over and across any part of such state lands. Such easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of such lands for recreational purposes. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of the management of such lands.

(5) The Department of Wildlife, Fisheries, and Parks is hereby authorized and empowered, subject to specific appropriation therefor by the Legislature, to make payments in lieu of taxes to the Boards of Supervisors of Issaquena and Warren Counties and any other taxing district located within the state parcels of land in the "Phil Bryant Wildlife Management Area" transferred by the Anderson-Tully Company to the State of Mississippi by special warranty deed, dated July 18, 2018, and filed for record with the Chancery Clerks of said counties. Payments authorized by this subsection may be made to the counties and taxing districts as compensation for the loss of ad valorem tax revenue, not to exceed the amount of ad valorem taxes assessed and paid for said parcels in fiscal year 2018.

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