Bill Text: MS HB1557 | 2011 | Regular Session | Enrolled


Bill Title: City of Richland; authorize the city to acquire and convey real property in the Richland Industrial and Commercial Park.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-04-01 - Approved by Governor [HB1557 Detail]

Download: Mississippi-2011-HB1557-Enrolled.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Local and Private Legislation

By: Representative Weathersby

House Bill 1557

(As Sent to Governor)

AN ACT TO AUTHORIZE THE CITY OF RICHLAND, MISSISSIPPI, TO ACQUIRE BY GIFT, PURCHASE OR OTHERWISE, CERTAIN REAL PROPERTY LOCATED IN THE NORTH RICHLAND INDUSTRIAL AND COMMERCIAL PARK IN THE CITY OF RICHLAND, MISSISSIPPI; TO AUTHORIZE THE CITY TO REDEEM SUCH PROPERTY FROM TAX SALES AND TO PAY TAXES AND ASSESSMENTS PRESENTLY OWING TO THE CITY, STATE AND COUNTY ON THE PROPERTY; TO AUTHORIZE THE CITY TO USE THE PROPERTY FOR ECONOMIC DEVELOPMENT OR OTHER PROPER MUNICIPAL PURPOSES; TO PROVIDE AN ALTERNATE MEANS TO CONVEY THE PROPERTY TO PRIVATE OR PUBLIC PARTIES FOR ECONOMIC DEVELOPMENT PURPOSES WITHOUT THE NECESSITY OF APPRAISAL OR PUBLIC BIDDING; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The City of Richland, Mississippi, is authorized and empowered, in its discretion, to acquire by purchase or donation from any party, including the State of Mississippi in the case of real property struck off to the state for taxes, all or part of the real property lying and included in the Richland Industrial and Commercial Park in the City of Richland, Mississippi, as described and depicted on the plat thereof on file and of record in Plat Cabinet D at Slots 23 and 24 in the Office of the Chancery Clerk of Rankin County, Mississippi, for economic development purposes or other proper municipal purposes, and, after acquisition of the real property, to redeem the real property from tax sales or sales for assessments which have not matured by the payment of all taxes, assessments, interest, fees and costs due on the real property, and to pay any and all presently owed and outstanding taxes and assessments on the real property and any interest thereon and any associated costs and fees, for the purpose of protecting the city's interest in the property and perfecting title to the real property.  The City of Richland is authorized and empowered, in its discretion, to redeem or otherwise acquire sales of the real property for taxes and assessments, to pay current taxes and assessments on the property, and to use the property for economic development or other purposes, or to transfer the property for fair value to private parties for economic development, with such restrictions and obligations as may be necessary and proper to ensure economic development.

     (2)  The acquisition of real property as authorized under this section from private parties or persons may be carried out without the necessity of formal appraisal or offer, and the price paid by the city for the property shall, if the property is not donated, be for the lowest negotiated price to be obtained.

     (3)  Real property acquired pursuant to this section may be used by the city for economic development purposes or any other authorized municipal purpose, or may be sold, leased or otherwise transferred to private developers and other parties for economic development purposes or other public purposes, and the disposition of the real property may be made without appraisal or advertisement or public bids but shall be made for fair value.  In determining fair value the city may take into account and give consideration to the proposed use of the property, the covenants, restrictions, conditions and obligations placed upon the property and the objectives of the city in accomplishing economic development on the property.  The disposition of the real property may be made upon such terms and conditions and for such monetary rental or other considerations as may be found to be in the best interest of the public, upon an order or resolution being spread upon the minutes of the city authorizing the disposition of the real property.

     SECTION 2.  The purpose of this act is to provide an alternate method by which the City of Richland, Mississippi, may acquire and transfer title to the subject lands and is not intended to amend, alter or suspend any general law of the State of Mississippi.

     SECTION 3.  If any provision of this act shall be held to be unconstitutional or invalid for any other reason by a court of competent jurisdiction, the remaining provisions of this act shall not be affected thereby.

     SECTION 4.  This act shall take effect and be in force from and after its passage.

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