Senate Bill 2293

AN ACT TO AMEND SECTION 39-7-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD MAY ISSUE DEMOLITION PERMITS FOR BUILDINGS WHICH HAVE BECOME ABANDONED, VACANT, OR BLIGHTED WITH CERTAIN CONDITIONS; TO AMEND SECTION 39-7-22, MISSISSIPPI CODE OF 1972, TO PROTECT STRUCTURES POTENTIALLY ELIGIBLE FOR DESIGNATION AS MISSISSIPPI LANDMARKS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 39-7-11, Mississippi Code of 1972, is amended as follows:

39-7-11. (1) All other sites, objects, buildings, artifacts, implements, and locations of archaeological significance, including, but expressly not limited to, those pertaining to prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation sites, their artifacts and implements of culture, as well as archaeological sites of every character that are located in, on or under the surface of any lands belonging to the State of Mississippi or to any county, city, or political subdivision of the state, are hereby declared to be Mississippi Landmarks and are the sole property of the State of Mississippi. Such sites may not be taken, altered, destroyed, salvaged or excavated without a permit from the board or in violation of the terms of such permit.

(2) All other sites, objects, buildings, artifacts, implements, structures and locations of historical or architectural significance located in or under the surface of any lands belonging to the State of Mississippi or to any county, city or political subdivision of the state may be declared to be Mississippi Landmarks by majority vote of the board. Every Mississippi Landmark shall be so designated based upon its significance within the historical or architectural patterns of a community, a county, the State of Mississippi, or the United States of America. Upon such action by the board, the designation of the Mississippi Landmark shall be recorded in the deed records of the county in which the landmark is located. All such designated sites or items located on public lands within the State of Mississippi may not be taken, altered, damaged, destroyed, salvaged, restored, renovated or excavated without a permit from, the board or in violation of the terms of such permit. The board may issue a permit allowing the demolition of all or portions of designated buildings or structures which have become abandoned, vacant, or blighted and for which the public owner has no current or foreseeable use. The board shall issue a permit allowing the demolition of all or portions of designated buildings or structures where it is structurally or economically infeasible to restore. For the purpose of this section, economically infeasible shall mean the cost to restore exceeds fifty percent (50%) of the replacement value of the building or structure.

(3) All such sites or items located on private lands within the State of Mississippi that have been designated as Mississippi Landmarks as hereinafter provided, may not be taken, altered, damaged, destroyed, salvaged, restored, renovated or excavated without a permit from the board or in violation of the terms of such permit. Such designation shall be reduced to recordable form sufficiently describing the site so that it may be located and shall be recorded in the deed records of the county in which the landmark is located.

SECTION 2. Section 39-7-22, Mississippi Code of 1972, is amended as follows:

39-7-22. (1) In the early stages of planning and always prior to the letting of bids for public construction, public improvement of any nature, demolition or the transfer of public property to private ownership, state agencies, local governments and all their political subdivisions shall notify the board of the planned action on a form supplied by the board. The board may survey the affected area, property, structure, or building, to determine if potential Mississippi Landmarks will be affected, or if significant sites, buildings, or structures on nonpublic lands will be affected.

(2) If the department determines that significant historic, architectural, or archaeological sites, buildings, structures, locations, or remains that are potentially eligible for designation as Mississippi Landmarks will be adversely affected by the public construction * * * or, improvement, demolition or transfer, the proposed public construction * * * or, improvement, demolition or transfer may not be commenced until the department has * * * submitted notice to the board for consideration of Mississippi Landmark designation. Should the board decline to so designate, or fail to make such designation within one hundred eighty (180) days of the submission of the notice to the department, the proposed public construction, improvement, demolition or transfer may proceed. If the department recommends Landmark designation of a building or structure which a state agency, local government or political subdivision has proposed for total or partial demolition, the department shall provide to the board a structural feasibility study by a licensed structural engineer and an estimate of cost to restore such building or structure to useful condition. Where such restoration is structurally infeasible or the cost to restore to useful condition would exceed fifty percent (50%) of the replacement value of the building or structure, the department shall not recommend Landmark designation to the board.

(3) If in the course of performing public construction or improvements, historic, prehistoric or archaeological sites, locations, remains or objects are discovered, the department shall be notified and its concurrence shall be requested in continuing the construction or improvement. Upon receipt of this notice, the department shall survey the area to confirm whether the area contains historic, prehistoric, or archaeological data which should be preserved in the public interest. The survey shall be conducted as expeditiously as possible. If, as a result of the survey, it is determined that (a) this data exists in the area, (b) the data has exceptional historic, prehistoric or archaeological significance and should be collected and preserved in the public interest, and (c) it is feasible to collect and preserve the data, the department shall perform the necessary work to collect and preserve the data. This work shall be performed as expeditiously as possible. When it is not feasible to collect the data, the agency shall make all reasonable attempts to avoid the site before proceeding. If in the board's opinion the site possesses unusual significance, and is unique to such a degree that the landmark is, or is likely to be, the sole representative of a type or period, the board may prohibit further construction which would destroy or irreparably harm the landmark.

SECTION 3. This act shall take effect and be in force from and after July 1, 2025.