Bill Text: MS SB2417 | 2013 | Regular Session | Introduced

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Bill Title: Public-land easements; revise the types of and to whom the secretary of state may grant such easements.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-02-05 - Died In Committee [SB2417 Detail]

Download: Mississippi-2013-SB2417-Introduced.html

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MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Public Property; Business and Financial Institutions

By: Senator(s) Blount

Senate Bill 2417

AN ACT TO AMEND SECTION 29-1-101, MISSISSIPPI CODE OF 1972, TO REVISE THE TYPES OF EASEMENTS THAT THE SECRETARY OF STATE IS AUTHORIZED TO GRANT; TO REVISE THE ENTITIES TO WHOM SUCH EASEMENTS MAY BE GRANTED; TO AMEND SECTION 29-1-103, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 29-1-101, Mississippi Code of 1972, is amended as follows:

     29-1-101.  (1)  The Secretary of State, for and on behalf of the state, may convey an easement or easements * * * for the construction and maintenance of pipelines in, on, under, above and across * * *all of the any state land owned (including that submerged or wherever the tide may ebb and flow) now or hereafter acquired, excepting, however, state highway rights-of-way, sixteenth section school land, and lieu lands, * * * and forfeited tax land and property the title to which is subject to any lawful redemption, and excepting the state land comprising the old asylum property located in the City of Jackson, property of the Department of Mental Health, the Parchman Penitentiary property located in Sunflower County, Mississippi, and all other Penitentiary property, to any person, firm, * * *or corporation, company, association of persons, governmental entity or utility district for the constructing, * * *or operating and maintaining of * * *a refinery for the refining of oil, gas, or petroleum products in the state, or to any person, firm, or corporation transporting by pipeline any substance to or from any such refinery in this state, pipelines, lines, wires, fiber optic and other cables, conduits and appliances, including posts and fixtures, for:

          (a)  The transport or distribution of oil, gas, and liquid or gaseous hydrocarbons, including carbon dioxide, and other energy products susceptible to transport by pipeline;

          (b)  The transmission of electricity;

          (c)  The transmission of communications and data;

          (d)  The transmission, distribution and storage of water; or

          (e)  The transmission and disposal of sewage and other such wastes.

     (2)  Easements shall be granted upon such terms and for such consideration as the Secretary of State deems just and proper, * * *which and shall be subject to approval by * * *the Secretary of State, the Governor * * *, and the Attorney General of the state * * *, for easements in, on, under, and across the state‑owned land.

     (3)  Before granting such an easement, the Secretary of State shall consult with the governing board or commission, or if there is not one, then the executive director of the state agency having control and jurisdiction of the land affected by the easement to ensure that the location, construction, operation, and maintenance of the easement will not substantially interfere with or impair the agency's use of the land.

     (4)  The provisions of Section 29-1-75 shall not apply to this section.

     SECTION 2.  Section 29-1-103, Mississippi Code of 1972, is amended as follows:

     29-1-103.  No * * *such pipe line pipelines, lines, wires, fiber optic and other cables, conduits and appliances, including posts and fixtures, on an easement granted under Section 29-1-101 shall be built, * * *or constructed, operated or maintained in a manner to be dangerous to persons or property, nor in a manner to interfere with the common use of public lands, and the owner of any such * * *pipe line pipelines, lines, wires, fiber optic and other cables, conduits and appliances, including posts and fixtures, shall be responsible in damages for any injury caused by construction, operation or maintenance * * * or use of such pipe line thereof.

     SECTION 3.  This act shall take effect and be in force from and after its passage.

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