Bill Text: MS HC133 | 2011 | Regular Session | Engrossed
Bill Title: Harbors and water frontage; clarify intent of law that regulates and provides authority for.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Engrossed - Dead) 2011-03-31 - Motion to Reconsider Tabled [HC133 Detail]
Download: Mississippi-2011-HC133-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Rules
By: Representatives Fredericks, Dedeaux, DeLano, Bennett, Broomfield, Compretta, Eure, Guice, Ishee, Patterson, Peranich, Zuber, Upshaw
House Concurrent Resolution 133
(As Adopted by House)
A CONCURRENT RESOLUTION CLARIFYING THE INTENT OF SECTIONS 59-15-1 THROUGH 59-15-19, MISSISSIPPI CODE OF 1972, THE RELATION OF THOSE SECTIONS TO THE PUBLIC TRUST TIDELANDS ACT, AND FINDING THAT THE MUNICIPAL HARBORS AND ADJOINING PARKS, STRUCTURES AND AREAS ARE OWNED AND CONTROLLED BY CERTAIN STATUTORILY DESCRIBED CITIES, NOT UNDER THE CONTROL OR REGULATION OF THE SECRETARY OF STATE AND THE OPERATION AND MAINTENANCE OF SUCH ARE CONSISTENT WITH THE "HIGHER PUBLIC PURPOSES" INTENDED BY THE PUBLIC TRUST TIDELANDS ACT.
WHEREAS, in 1935, the Mississippi Legislature enacted legislation that was codified in Sections 59-15-1 through 59-15-19, Mississippi Code of 1972, to grant authority to cities that are described in Section 59-15-1, Mississippi Code of 1972, to create, own and control harbor sites or water frontage for small water crafts and any amenities, recreational facilities or areas connected to the harbor sites or water frontage; and
WHEREAS, Section 59-15-1, Mississippi Code of 1972, is titled "Acquisition of land, harbor sites or water frontage by certain cities" and states "The authorities of any city in this state which has a population of ten thousand or more, according to the last official government census, and the authorities of any municipality bordering on the Mississippi Sound or Gulf of Mexico are hereby given the authority to acquire by purchase, deed, donation, gift, grant, reclamation, lease, dedication, or otherwise, land, harbor sites or water frontage for the purpose of establishing, developing, promoting, maintaining, and operating harbors for small water crafts and recreational parks connected therewith within its territorial limits, or both, and shall have the power to acquire, purchase, install, rent, lease, mortgage, incumber, construct, own, hold, maintain, equip, use, control and operate recreational parks and harbors for small water craft."; and
WHEREAS, the intent of this legislation was and continues to be to give the governing authorities of any of the cities that are described in Section 59-15-1, Mississippi Code of 1972, the authority to establish and operate harbors for small water crafts and recreational parks and areas connected therewith and also power to promote economic development and job growth within the harbor boundaries created or otherwise acquired under the authority of the statute, which include all amenities, adjoining recreational parks and areas stemming therefrom; and
WHEREAS, these statutes comprise specific legislative enactments that authorize the cities, described in Section 59-15-1, Mississippi Code of 1972, to own all docks, piers, slips, wharves, breakwaters, bulkheads, jetties, buildings, structures, recreational parks, areas and facilities associated with its harbors and water frontage, and any recreational parks and areas, connected therewith, and to receive all monies and consideration derived therefrom, excluding those monies and consideration derived from gaming operations located on lands that have been recognized by statute as under the specific control of the Secretary of State by specific statutory enactments, and therefore, such enactments remove such docks, piers, slips, wharves, breakwaters, bulkheads, jetties, buildings, structures, and facilities associated with the harbors and water frontage from the regulation of the Secretary of State; and
WHEREAS, in 1989, the Legislature enacted Chapter 495, Laws of 1989, the majority of which were codified in Sections 29-15-1 through 29-15-23, Mississippi Code of 1972, (hereinafter referred to as the Public Trust Tidelands Act) and which authorize the Secretary of State to regulate public trust tidelands; and
WHEREAS, Section 1 of that chapter law provided the legislative intent, which is included in the editor's note to Section 29-15-1, Mississippi Code of 1972, and reads in pertinent part, "Section 1. The Legislature finds that certainty and stability of the land titles of riparian and littoral property owners along the banks of the navigable rivers and waterways on the borders and in the interior of the state and along the shores of the tidally affected waters of the state are essential to the economic welfare of the state and to the peace, tranquility and financial security of the many thousands of citizens who own such lands..."; and
WHEREAS, as evidenced by our intent expressed for the Public Trust Tidelands Act, we have long recognized the importance of providing certainty and stability to land titles while balancing the importance of the economic welfare of this state and its citizens individually, which has resulted in the Secretary of State's authority to gain all monies and consideration derived from gaming operations that have been recognized by specific statutory enactment as being under the specific control of the Secretary of State; and
WHEREAS, Section 29-15-3, Mississippi Code of 1972, provides an exception, "...except where a specific alteration of specific public trust tidelands would serve a higher public interest in compliance with the public purposes of the public trust in which such tidelands are held."; and
WHEREAS, this body, along with the Mississippi Supreme Court has recognized that, "The only way public trust lands can be disposed of is if it is done pursuant to a higher public purpose, while at the same time not being detrimental to the general public. Once land is held by the state in trust, properties are committed to the public (purpose) trust and may be alienated from the state only upon the authority of legislative enactment and then only consistent with the public purposes of the trust."; and
WHEREAS, we specifically find that operation and maintenance of any docks, piers, slips, wharves, breakwaters, bulkheads, jetties, buildings, structures, facilities, recreational parks and areas connected to the harbors and water frontage of any city described in Section 59-15-1, Mississippi Code of 1972, serve "higher public purposes" and exist in the interest of the general public; and
WHEREAS, Sections 59-15-1 through 59-15-19, Mississippi Code of 1972, comprise specific legislative enactments that authorize the cities described in Section 59-15-1, Mississippi Code of 1972, to own all docks, piers, slips, wharves, breakwaters, bulkheads, jetties, buildings, structures, recreational parks, areas and facilities associated within its harbors and to receive all monies derived therefrom, and therefore the enactments remove such harbors, docks, piers, slips, wharves, breakwaters, bulkheads, jetties, buildings, structures, recreational parks, areas and facilities connected to and associated within its harbors from the authority of the Public Trust Tidelands Act, excluding any gaming operations that have been recognized by specific statutory enactment as being under the specific control of the Secretary of State; and
WHEREAS, the establishment, development, promotion, maintenance and operation of such a harbor under the authority of Sections 59-15-1 through 59-15-19, Mississippi Code of 1972, do not conflict with the higher public purposes of the Public Trust Tidelands Act, because the state recognizes a higher public purpose in protecting the title of harbors and water frontage granted to cities by statutes, such as Sections 59-15-1 through 59-15-19, Mississippi Code of 1972, and allowing cities such as those described in Section 59-15-1, Mississippi Code of 1972, to protect jobs and promote economic development by retaining ownership of its harbors and water frontage and any structures or areas connected therewith; and
WHEREAS, it is our policy to clarify Legislative intentions when it is necessary:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do hereby proclaim that the intent of Sections 59-15-1 through 59-15-19, Mississippi Code of 1972, to authorize any cities described in Section 59-15-1, Mississippi Code of 1972, to own all docks, piers, slips, wharves, breakwaters, bulkheads, jetties, buildings, structures, recreational parks, areas and facilities associated with its harbors, and receive all monies and consideration derived therefrom, excluding any monies and consideration derived from gaming operations that have been recognized by specific statutory enactment as being under the specific control of the Secretary of State.
BE IT FURTHER RESOLVED, That all docks, piers, slips, wharves, breakwaters, bulkheads, jetties, buildings, structures, recreational parks, areas and facilities connected to, associated therewith and located within the harbors and water fronts described in Section 59-15-1 shall not be regulated by or under the control of the Mississippi Secretary of State.
