MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Ports, Harbors and Airports
By: Representative Calvert
AN ACT TO AMEND SECTION 61-3-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN AIRPORT AUTHORITY FINDS THAT THE FAIR MARKET VALUE OF AIRPORT PERSONAL PROPERTY IS ZERO AND THE FINDING IS ENTERED ON THE MINUTES OF THE AUTHORITY, THEN THE AUTHORITY MAY DISPOSE OF SUCH PROPERTY IN THE MANNER IT DEEMS APPROPRIATE AND IN ITS BEST INTEREST, PROVIDED THAT NO OFFICIAL OR EMPLOYEE OF THE AUTHORITY MAY DERIVE ANY PERSONAL ECONOMIC BENEFIT FROM THE DISPOSAL OF THE PERSONAL PROPERTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 61-3-19, Mississippi Code of 1972, is amended as follows:
61-3-19. (1) (a) Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section 61-3-25, an authority may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, real or personal, or portion thereof or interest therein, acquired pursuant to this chapter. If Section 29-1-1 is applicable to a sale of real property, the sale shall comply with Section 29-1-1.
(b) If Section 29-1-1 is not applicable, the disposal by sale, lease or otherwise, shall be in accordance with the following procedure. The authority shall find and determine by resolution duly and lawfully adopted and spread upon its minutes that:
(i) The property is no longer needed for authority purposes and is not to be used in the authority's operation;
(ii) There is no state agency, board, commission or any governing authority within the state that has expressed a need or use for the property and the federal government has not expressed a need or use for the property; and
(iii) The use of the property for the purpose for which it is to be sold, leased or otherwise disposed of will promote and foster the development and improvement of the authority or of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof.
(2) After making the determinations, the authority may sell, lease or otherwise dispose of the property in accordance with applicable law and by any of the following methods:
(a) The authority may sell, lease or otherwise dispose of the property if the consideration is not less than the fair market price for the property as determined by averaging the appraisals of two (2) professional property appraisers selected by the authority and approved by the purchaser or lessee. Appraisal fees shall be shared equally by the authority and the purchaser or lessee.
(b) The authority may sell, lease or otherwise dispose of the property to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the authority's intention to lease, sell or otherwise dispose of the property and to accept sealed competitive bids for the sale, lease or disposal of the property. The authority shall thereafter accept bids for the sale, lease or disposal of the property and shall award the sale, lease or disposal to the highest bidder.
(c) The authority may sell and dispose of personal property at public sale for cash to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the authority's intention to sell and dispose of the personal property at public sale for cash. Any public sale for cash may be conducted by or on behalf of the authority. At the public sale for cash, the personal property shall be sold and disposed of to the highest bidder.
(d) The authority may sell and dispose of personal property by use of an Internet web service available to the public, including, but not limited to, an Internet auction website, for cash or irrevocable electronic transfer of funds, to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the following information:
(i) The authority's intention to sell and dispose of the personal property through use of the Internet web service;
(ii) The location on the Internet website where the personal property will be listed; and
(iii) The listing date and closing date of the Internet sale.
At the Internet sale, the personal property shall be sold and disposed of to the highest bidder; provided, all Internet sales shall comply with federal law. In the event that any Internet sale is not concluded for any reason, the authority may relist and sell the personal property by use of the same Internet web service without the public notice set forth in this paragraph.
Notwithstanding anything herein to the contrary, in the case of a sale, lease or disposal of property to another authority, a municipality or an agency of the state or federal government for use and operation as a public airport, the sale, lease or other disposal thereof may be effected in such manner and upon such terms as the commissioners of the authority may deem to be in the best interest of civil aviation.
(e) (i) The authority may sell or otherwise convey real property thereof to an enterprise operating a project that has been certified by the Mississippi Major Economic Impact Authority as a project as defined in Section 57-75-5(f)(xxxi)1 provided that 1. the consideration for the property is not less than its fair market value as determined by an appraisal performed by a professional appraiser approved by the authority, or 2. the authority receives in exchange for such real property one or more other parcels of real property whose collective fair market value, as determined by an appraisal performed by a professional appraiser approved by the authority, is equal to or greater than the fair market value, as determined by an appraisal performed by a professional appraiser approved by the authority, of the authority's property conveyed to the enterprise operating a project that has been certified by the Mississippi Major Economic Impact Authority as a project as defined in Section 57-75-5(f)(xxxi)1.
(ii) The authority may lease real property thereof to an enterprise operating a project that has been certified by the Mississippi Major Economic Impact Authority as a project as defined in Section 57-75-5(f)(xxxi)1 for a term of up to ninety-nine (99) years pursuant to a lease agreement between the authority and the enterprise, which shall provide that the rental consideration for the lease of the property is not less than the fair market rent for the property as of the commencement of such lease as determined by an appraisal performed by a professional appraiser approved by the authority. Any such lease agreement shall be binding, according to its terms, on future boards of commissioners of the authority for the duration of the lease agreement.
(3) The authority may lease lands owned by the authority for oil, gas and mineral exploration and development upon the terms and conditions and for consideration as the authority shall deem proper and advisable. However, no oil, gas or mineral lease shall be for a primary term of more than ten (10) years and the lease or leases shall provide for annual rentals of not less than One Dollar ($1.00) per acre and shall provide for royalties of not less than three-sixteenths (3/16) of all oil, gas and other minerals produced, including sulphur. All rentals, royalties or other revenue payable under any lease executed under this section shall be paid to and collected by the authority. The leases shall specifically provide that, in no event, shall any such lease or the exercise of any rights thereunder, interfere with the use of any airport or air navigational facilities for their intended purposes.
(4) Notwithstanding any other provision herein to the contrary, if the authority finds that the fair market value of the personal property is zero (0) and the finding is spread upon the minutes of the authority, then the authority may dispose of such property in the manner it deems appropriate and in its best interest, provided that no official or employee of the authority may derive any personal economic benefit from the disposal of the personal property.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.