Bill Text: MS HB514 | 2014 | Regular Session | Introduced


Bill Title: Public university property; authorize MUW, USM, DSU, MSU, JSU & MVSU to acquire and dispose of.

Spectrum: Bipartisan Bill

Status: (Failed) 2014-02-04 - Died In Committee [HB514 Detail]

Download: Mississippi-2014-HB514-Introduced.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Property

By: Representatives Mettetal, Holloway

House Bill 514

AN ACT TO AUTHORIZE MISSISSIPPI STATE UNIVERSITY, MISSISSIPPI UNIVERSITY FOR WOMEN, UNIVERSITY OF SOUTHERN MISSISSIPPI, DELTA STATE UNIVERSITY, JACKSON STATE UNIVERSITY AND MISSISSIPPI VALLEY STATE UNIVERSITY TO ACQUIRE AND DISPOSE OF PROPERTY; TO AMEND SECTIONS 37-113-3, 37-113-7, 37-117-1, 37-119-1, 37-123-1, 37-125-1 AND 37-127-1, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-113-3, Mississippi Code of 1972, is amended as follows:

     37-113-3.  The state institution of higher learning, as incorporated by an act of the Legislature, approved February 28, 1878, by the name of the "Agricultural and Mechanical College of Mississippi," and established in pursuance of that act, shall continue to exist as a body-politic and corporate, by the name of the "Mississippi State University of Agriculture and Applied Science," with all its property and the franchises, rights, powers, and privileges heretofore conferred on it by law, or properly incident to such a body and necessary to accomplish the purpose of its creation; said university may receive * * *and, hold, acquire and dispose of all real and personal property conveyed to it for such purpose.

     SECTION 2.  Section 37-113-7, Mississippi Code of 1972, is amended as follows:

     37-113-7.  (1) * * *The Board of Trustees of State Institutions of Higher Learning  Mississippi State University of Agriculture and Applied Science is hereby authorized, in its discretion, to acquire by purchase, gift, or otherwise, any real property required by and for the use of * * *Mississippi State University of Agriculture and Applied Science said university, and said university is authorized to hold, use and operate such real property in conducting its authorized and necessary program of work.  This section is designed to make it possible for said university and its subdivisions to acquire, hold * * *and, operate and dispose of real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of such properties.  Such properties shall be acquired or purchased on the recommendation of the Director of the Mississippi Agricultural and Forestry Experimental Station made to and approved by the president of said university * * * and approved by the Board of Trustees of State Institutions of Higher Learning.

     (2)  * * *The Board of Trustees of State Institutuions of Higher Learning Mississippi State University of Agriculture and Applied Science is hereby authorized, in its discretion, to sell any such real property purchased or otherwise acquired under the authority of subsection (1) for the use of * * *Mississippi State University of Agriculture and Applied Science said university or its subdivisions when such property is not needed in the university's programs of operations.  Such properties shall be sold on the recommendation of the Director of the Mississippi Agricultural and Forestry Experimental Station made to and approved by the president of the university * * * and approved by the Board of Trustees of State Institutions of Higher Learning.  The proceeds from the sale of such properties may be used to purchase other real properties for the use of the university under the provisions of subsection (1), or may be retained by the university for its operations.  Consideration for the sale of real property hereunder shall not be less than the fair market price thereof as determined by a professional property appraiser selected and approved by the * * * State Building Commission Department of Finance and Administration.  Said appraisal shall be filed with the * * *State Building Commission Department of Finance and Administration * * *as at least thirty (30) days prior to the proposed sale of said property.  Appraisal fees shall be shared equally by the university and the purchaser.

     (3)  * * *The Board of Trustees of State Institutions of Higher Learning Mississippi State University of Agriculture and Applied Science is hereby authorized and empowered to sell the following described property owned by * * *Mississippi State University of Agriculture and Applied Science the university in Oktibbeha County, Mississippi, to * * * -wit:

Commence at the Northeast corner of the Southeast Quarter of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi and use as the point of beginning.  Thence run West along the North boundary of the South Half of Section 15 a distance of 3,997 feet to the East right-of-way of Macon-Aberdeen Road; thence run South along said right-of-way a distance of 20 feet; thence run East a distance of 800 feet; thence run South 78 degrees 41' East a distance of 102 feet; thence run East a distance of 410 feet; thence run South a distance of 1,107 feet; thence run East a distance of 2,687 feet to the East boundary of Section 15; thence run North along said East boundary of Section 15 a distance of 1,147 feet to the point of beginning.  Being 71.56 acres located in the East Three Quarter of the South Half of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi.

     The proceeds from the sale of said property shall be used * * *by the Board of Trustees of State Institutions of Higher Learning to purchase other real property adjacent or in close proximity to the * * *Mississippi State University of Agriculture and Applied Science, university or its subdivisions, suitable for use in the university's programs of operation.  Consideration for the sale and purchase of said property shall be for the fair market price thereof as determined by a professional property appraiser selected and approved by the * * *State Building Commission Department of Finance and Administration.  Said appraisals shall be filed with the * * * State Building Commission Department of Finance and Administration at least thirty (30) days prior to the proposed sale or purchase of said property.  Appraisal fees shall be shared equally by the university and the purchaser in the case of the sale herein authorized, and by the university and the seller(s) in the case of the purchase herein authorized.

     (4)  * * *The Board of Trustees of State Institutions of Higher Learning  Mississippi State University of Agriculture and Applied Science is hereby authorized and empowered to sell the following described property owned by * * *Mississippi State University of Agriculture and Applied Science the university in George County, Mississippi, to * * * -wit:

The South West Quarter of the North West Quarter of Section Twenty, in Township One South of Range Six West, of the St. Stephens Meridian, Mississippi, containing Forty and Thirty One Hundredths of an acre.

     The proceeds from the sale of said property shall be used * * *by the Board of Trustees of State Institutions of Higher Learning to purchase other real property adjacent or in close proximity to the * * *Mississippi State University of Agriculture and Applied Science, university or its subdivisions, suitable for use in the university's programs of operation.  Consideration for the sale and purchase of said property shall be for the fair market price thereof as determined by a professional property appraiser selected and approved by the * * *State Building Commission Department of Finance and Administration.  Said appraisals shall be filed with the * * * State Building Commission Department of Finance and Administration at least thirty (30) days prior to the proposed sale or purchase of said property.  Appraisal fees shall be shared equally by the university and the purchaser in the case of the sale herein authorized, and by the university and the seller(s) in the case of the purchase herein authorized.

     (5)  * * *The Board of Trustees of State Institutions of Higher Learning Mississippi State University of Agriculture and Applied Science is hereby authorized and empowered to sell the following described property owned by * * *Mississippi State University of Agriculture and Applied Science the university in Lauderdale County, Mississippi, to * * * -wit:

The Northeast Quarter of the Northeast Quarter of Section 2, in Township 6, Range 16 East, plus applicable easements and mineral rights thereto.

     The proceeds from the sale of said property shall be used * * * by the Board of Trustees of State Institutions of Higher Learning to purchase other real property adjacent or in close proximity to the * * *Mississippi State University of Agriculture and Applied Science, university or its subdivisions, suitable for use in the university's programs of operation.  Consideration for the sale and purchase of said property shall be for the fair market price thereof as determined by a professional property appraiser selected and approved by the * * *State Building Commission Department of Finance and Administration.  Said appraisals shall be filed with the * * *State Building Commission Department of Finance and Administration at least thirty (30) days prior to the proposed sale or purchase of said property.  Appraisal fees shall be shared equally by the university and the purchaser in the case of the sale herein authorized, and by the university and the seller(s) in the case of the purchase herein authorized.

     (6)  When any property is sold * * *by the Board of Trustees of State Institutions of Higher Learning pursuant to this section, the * * *board university shall retain for the State of Mississippi any mineral rights which * * *the board or the university has in such land.

     SECTION 3.  Section 37-117-1, Mississippi Code of 1972, is amended as follows:

     37-117-1.  The institution incorporated by the act of the Legislature, approved March 12, 1884, and established in pursuance thereof, shall continue to exist as a body politic and corporate by the name of the "Mississippi College for Women," with all its property and franchises, rights, powers and privileges conferred on it by law, or properly incident to such a body and necessary to accomplish the purpose of its creation; said college may receive * * *and hold, acquire and dispose of all real estate and personal property conveyed or given to it for such purposes.  However, the name "Mississippi State College for Women" is hereafter changed to "Mississippi University for Women," without interference with the rights, powers and prerogatives of said college which continue in all respects.  Whenever the name "Mississippi College for Women" appears the same is construed to denote "Mississippi University for Women."

     SECTION 4.  Section 37-119-1, Mississippi Code of 1972, is amended as follows:

     37-119-1.  The institution incorporated by an act of the Legislature, approved March 30, 1910, and established in pursuance thereof, shall continue to exist as a body-politic and corporate by the name of University of Southern Mississippi, with all its property and franchises, rights, powers and privileges conferred on it by law, or properly incident to such body and necessary to accomplish the purpose of its creation; said university may receive, * * *and hold, acquire and dispose of all real estate and personal property conveyed or given it, and wherever the term of Mississippi Southern College appears in the laws of the State of Mississippi the same shall be construed to refer to the University of Southern Mississippi.

     SECTION 5.  Section 37-123-1, Mississippi Code of 1972, is amended as follows:

     37-123-1.  The body politic and corporate created by Chapter 284, Laws of Mississippi 1924, by the name of "Delta State Teachers' College" is continued to have perpetual succession with power to contract and be contracted with; to receive by any legal method of transfer or conveyance, property of any description, to have, hold, * * * and employ, acquire and dispose of the same; to make and use a corporate seal, with power to change the same; to adopt bylaws, rules and regulations for the government of its members, official agents and employees.  However, the name of said "Delta State Teachers' College" shall be hereafter changed to "Delta State University" without interference with the rights, powers and prerogatives of said college which shall continue in all respects. 

     Wherever the name "Delta State Teachers' College" or "Delta State College" appears, the same shall be construed to denote "Delta State University."

     SECTION 6.  Section 37-125-1, Mississippi Code of 1972, is amended as follows:

     37-125-1.  A body politic and corporate is hereby created by the name of the "Jackson State College" to have perpetual succession, with power to contract and be contracted with, to receive by any legal method of transfer or conveyance, property of any description, to have, hold, * * * and employ, acquire and dispose of the same, to make and use a corporate seal, with power to break or change the same, and to adopt bylaws, rules, and regulations for the government of its members, official agents, and employees.  However, the name of said "Jackson State College" is hereafter changed to "Jackson State University," without interference with the rights, powers and prerogatives of said college which continue in all respects.  Whenever the name "Jackson State College" appears, the same is construed to denote "Jackson State University."

     SECTION 7.  Section 37-127-1, Mississippi Code of 1972, is amended as follows:

     37-127-1.  A body politic and corporate is hereby created by the name of the "Mississippi Valley State College" to have perpetual succession, with power to contract and be contracted with, to receive by any legal method of transfer or conveyance, property of any description, to have, hold, * * *and employ, acquire and dispose of the same, to make and use a corporate seal, with power to break or change the same, and to adopt bylaws, rules and regulations for the government of its members, official agents, and employees.  However, the name of said "Mississippi Valley State College" is hereafter changed to "Mississippi Valley State University," without interference with the rights, powers and prerogatives of said college which continue in all respects.  Whenever the name "Mississippi Valley State College" appears, the same is construed to denote "Mississippi Valley State University."

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2014.


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