Bill Text: MS HB410 | 2018 | Regular Session | Introduced
Bill Title: Sixteenth section and lieu lands; revise authority of local school boards to construct new roads or improve existing roads for access to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB410 Detail]
Download: Mississippi-2018-HB410-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representative Baker
House Bill 410
AN ACT TO AMEND SECTION 29-3-91, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF LOCAL SCHOOL BOARDS TO CONSTRUCT OR MAKE MODIFYING IMPROVEMENTS TO EXISTING ROADS ON SIXTEENTH SECTION LAND OR LIEU LAND FOR THE PURPOSE OF PROVIDING ACCESS TO SUCH LAND OR GRANTING AN EASEMENT FOR THE INSTALLATION OF UTILITIES; TO BRING FORWARD SECTIONS 29-3-133, 29-3-135 AND 29-3-155, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-3-91, Mississippi Code of 1972, is amended as follows:
29-3-91. (1) Except as otherwise provided in subsection (2) of this section, whenever the United States or any agency thereof, or the state or any agency or subdivision thereof, or any private organization, corporation, association, or person acquires, by condemnation or otherwise, any easement or right-of-way across any sixteenth section land or lieu land, then adequate compensation therefor shall be paid by the party acquiring the same to the board of education concerned; and the sum or sums so received shall be placed in the principal fund or funds of the school district or districts concerned.
(2) If the local board of
education, by resolution duly adopted and spread upon its minutes, determines
that a new road is necessary to provide access to and on sixteenth section land
or lieu land, or that an existing road requires widening or other
modifications to provide better access to sixteenth section land or lieu land,
or that utilities are necessary to provide services to and on sixteenth section
land or lieu land, and that the new road, existing road widened or
otherwise modified, or utilities installed will enhance the value of the
sixteenth section land or lieu land, and requests that a county * * *, city or utility provider
construct and maintain the road or utilities, or both the road and utilities,
then, upon agreement by the county * * *, city or utility provider to
bear all costs of construction and maintenance, the local board of education
may provide a right-of-way for the new road, for widening or other
modifications of an existing road or for an easement for utilities without
compensation from the county * * *, city or utility provider if the * * * cost of constructing the new road * * *, widening or modifying an existing
road or constructing and installing utilities is reasonable in relation to
the value of the right-of-way. In determining value in this respect, the
local school board may consider the direct and indirect positive economic,
social and other relevant impact the improvements will provide to the value of
the sixteenth section land or lieu land upon which the improvements are
constructed and installed and to such other sixteenth section land or lieu land
or other land owned or controlled by the local school district which may be
positively impacted by such improvements. The local board of education
shall have sole discretion in determining the location of any new road, any
widened road or otherwise modified road and any utilities constructed under
the authority of this subsection. Except as otherwise provided herein,
this subsection shall not apply to state road projects or to any change or
improvement to or relocation of existing roads under the jurisdiction of a
county or city without the consent of the State Aid Road division of the
Mississippi Department of Transportation, or the county or city as applicable.
SECTION 2. Section 29-3-133, Mississippi Code of 1972, is brought forward as follows:
29-3-133. The board of supervisors of any county within the state having a population of more than two hundred thousand (200,000) according to the latest federal census, upon receipt of a resolution adopted by the county board of education of any such county requesting it so to do, is authorized and empowered to construct roads or streets upon any sixteenth section lands lying within the boundaries of any municipality in such county having a population of more than one hundred fifty thousand (150,000) according to the latest federal census.
SECTION 3. Section 29-3-135, Mississippi Code of 1972, is brought forward as follows:
29-3-135. The cost of the construction of any roads or streets performed under the terms of Section 29-3-133 shall be paid upon the order of the board of supervisors of any such county by the county board of education of such county out of any funds which would otherwise be paid over to the school district entitled to the revenues from the sixteenth section land upon which any such construction is done.
SECTION 4. Section 29-3-155, Mississippi Code of 1972, is brought forward as follows:
29-3-155. The board of supervisors of any county with a population of two hundred thousand (200,000) or more shall have the authority to create, by appropriate order spread on its minutes and approved by vote of at least three-fifths (3/5) of its members, a sixteenth section development authority for the purpose of developing all or any part of a sixteenth section, or lands granted in lieu thereof, controlled by the board; provided, however, that said authority shall not be created by said board unless and until the county school board and, in the event the sixteenth section or lands granted in lieu thereof is located within a municipal separate school district, the trustees of the municipal separate school district submit to the board a resolution, properly adopted, requesting the creation of said authority and designating the sixteenth section, or lands granted in lieu thereof, to be developed and leased. The order shall designate the sixteenth section, or lands granted in lieu thereof, to be developed, in whole or in part, by the authority; provided, however, that the order shall designate only one (1) sixteenth section, or one (1) section of land granted in lieu thereof, to be developed, in whole or in part, by the authority.
The board of supervisors of the county may acquire by condemnation any necessary easements for traffic thoroughfares or utility rights-of-way upon specific recommendation and request by the trustees, but for no other purpose shall the right of condemnation be allowed. Any condemnation award shall be paid from the funds of the authority.
The county school board and, in the event the sixteenth section or lands granted in lieu thereof is located within a municipal separate school district, the trustees of the municipal separate school district are specifically authorized to lend to the authority such funds for interim financing of development as may be available to the said board and trustees and deemed desirable. In the event that any such loan is made by the county school board and the trustees of the municipal separate school district, the participation of each in such loan shall be determined by the percentage of revenue from the sixteenth section, or lands granted in lieu thereof, to be developed by the authority which each received in the most prior year of receipt.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.
