Mississippi Code, Volume 09, 2013 Supplement

2013·6.3 MB·English

by  State of Mississippi

2013
CUMULATIVE SUPPLEMENT
TO
CODE
MISSISSIPPI
ANNOTATED
1972
Issued September 2013
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
ENACTED THROUGH THE 2013 REGULAR SESSION
AND 1ST AND 2ND EXTRAORDINARY SESSIONS
OF THE LEGISLATURE
PUBLISHED BYAUTHORITY OF
THE LEGISLATURE
SUPPLEMENTING
Volume
9
(As Revised 2010)
For latest statutes or assistance call 1-800-833-9844
By the Editorial Staffofthe PubHsher
LexisNexis
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by
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User's Guide
In orderto assistboththelegalprofession andthelaymanin obtainingthe
maximumbenefitfrom the Mississippi Code of1972Annotated, aUser's Guide
has been included in the main volume. This guide contains comments and
information on the many features found within the Code intended to increase
the usefulness ofthe Code to the user.
iii

PUBLISHER'S FOREWORD
Statutes
The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects
the statute law of Mississippi as amended by the Mississippi Legislature
through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Annotations
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Annotations to collateral research
references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sourcesthat arereadto create annotations forthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecent cases annotatedmaynotyethave printreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate
federal courts. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal 2nd
Mississippi College Law Review
Mississippi Law Journal
Finally, published opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Amendment Notes
Amendment notes detail how the new legislation affects existing sections.
Editor's Notes
Editor's notes summarize subject matter and legislative history of re-
pealed sections, provide information as to portions oflegislative acts thathave
not been codified, or explain other pertinent information.
V
Publisher's Foreword
Joint Legislative Committee Notes
Joint Legislative Committee notes explain codification decisions and
corrections ofCode errors made by the Mississippi Joint Legislative Commit-
tee on Compilation, Revision, and Publication ofLegislation.
Tables
The StatutoryTablesvolume adds tables showingdispositionoflegislative
acts through the 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Index
The comprehensive Index to the Mississippi Code of 1972 Annotated is
replaced annually, and we welcome customer suggestions. The foreword to the
Index explains our indexing principles, suggests guidelines for successful
index research, and provides methods for contacting indexers.
Acknowledgements
The publisher wishes to acknowledge the cooperation and assistance
rendered by the Mississippi Joint Legislative Committee on Compilation,
Revision, and Publication ofLegislation, as well as the offices ofthe Attorney
General and Secretary ofState, in the preparation ofthis supplement.
User Information
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September 2013 LexisNexis
vi
SCHEDULE OF NEW SECTIONS
Added in this Supplement
TITLE 29. PUBLIC LANDS, BUILDINGSAND PROPERTY
CHAPTER 1. Public Lands
IN GENERAL
Sec.
29-1-149. Report oftransactions for all conveyances ofreal property.
CHAPTER 3. Sixteenth Section and Lieu Lands
IN GENERAL
29-3-92. Purchase ofeasements for access to sixteenth section or lieu lands; use
ofeminent domain to acquire easement access prohibited.
CHAPTER 5. Care ofCapitol, Old Capitol, State Office Buildings and
Executive Mansion
IN GENERAL
29-5-107. MississippiDepartmentofTransportationBuildingdesignated"William
J. 'Billy' McCoy Building."
29-5-109. Mississippi Emergency ManagementAgency Building designated "Ha-
ley R. Barbour Building."
TITLE 31. PUBLIC BUSINESS, BONDSAND OBLIGATIONS
CHAPTER 5. Public Works Contracts
IN GENERAL
31-5-37. Contractors submittingbids forpublicworks projects utilizingspecified
fundingrequired to submit employmentplanwithbid; contents ofplan;
review ofindividuals for vacant positions.
CHAPTER 17. State Bonds; Retirement ofBonds
STATE BOND COMMISSION
31-17-5. Requests for proposals for bond counsel and certain information about
bond counsel once selected to be posted on Department ofFinance and
Administration and State Treasurer websites.
TITLE 33. MILITARYAFFAIRS
CHAPTER 15. Emergency Management and Civil Defense
Article 5. DisasterAssistanceAct of 1993
33-15-308. Requisition of additional funds for Disaster Assistance Trust Fund to
provide for disaster assistance.
2013 Supplement 1
Digitized by the Internet Arcliive
2014
in
Iittps://arcliive.org/details/govlawmscode09s2013
CODE
MISSISSIPPI
1972
ANNOTATED
VOLUME NINE
TITLE 29
PUBLIC LANDS, BUILDINGS AND PROPERTY
Chapter 1. Pubhc Lands 29-1-1
Chapter 3. Sixteenth Section and Lieu Lands 29-3-1
Chapter 5. Care of Capitol, Old Capitol, State Office Buildings and
Executive Mansion 29-5-1
,
Chapter 9. Inventories ofState Property 29-9-1
Chapter 15. Public Trust Tidelands 29-15-1
CHAPTER
1
Public Lands
In General 29-1-1
IN GENERAL
Sec.
29-1-35. Sale ofland after buildings destroyed; factors Secretary of State may
consider in determining sales price for land.
29-1-57. Sale ofbuildings, personal property andland associatedwith taxlands;
factors Secretary of State may consider in determining sale price for
land.
29-1-149. Report oftransactions for all conveyances ofreal property.
29-1-1. Purchase ofland by state; title to land acquired with
state funds as under name of state; sale ofpublic lands; gift
or donation of land to state; Secretary of State to sign
conveyances; inventory of state lands; land purchased for
benefit of state agency; use of assets of Public Employees'
Retirement System restricted; cultural resources survey;
land acquiredforhighways, throughfederalfunds orforthe
Mississippi Major Economic Impact Authority projects ex-
empt; recovery of expenses for record-keeping; require-
2013 Supplement 3
§ 29-1-35 Public Lands, Buildings, Etc.
ments for certain legislatively authorized conveyances of
specifically described real property.
—
Editor's Note Laws of2011, ch. 381, § 1, provides:
"SECTION 1. (1) The Secretary of State is hereby authorized in his discretion to
convey and transfer to the United States ofAmerica for the use and occupancy ofthe
United States Coast Guard the following buildings and improvements constructed on
SingingRiverIsland and formerlyowned and used bythe United States ofAmericafor
Naval Station Pascagoula: (a) Building 100 (Hazardous WasteWarehouse consistingof
2,162 square feet, more orless), (b) Building 102 (Hazardous Waste Office consistingof
82.5 square feet, more ofless), and (c) Building 110 (Port Operation Facility consisting
of4,392 squarefeet, more orless), togetherwithallconcretepads andfences associated
with or used in connection with said buildings.
"(2) Such buildings and improvements may be donated or conveyed to the United
States ofAmerica for the use and occupancy ofthe United States Coast Guard for any
consideration and upon such otherterms and conditions as the Secretary ofState may
deem advisable.
"(3) The SecretaryofStateis authorizedtoconveyandtransfertitleto saidbuildings
and improvements only. Any such conveyance shall provide that title to said buildings
andimprovementsshallreverttotheStateofMississippiintheeventtheUnitedStates
Coast Guard fails to maintain a lease ofthe land on which said buildings are situated
or in the eventthe United States Coast Guard terminates operations on SingingRiver
Island."
§ 29-1-35. Sale of land after buildings destroyed; factors Sec-
retary of State may consider in determining sales price for
land.
Where buildings and improvements situated on tax-forfeited lands have
been removed or destroyed by fire, v^indstorm, or flood, the Secretary ofState
may, inhis discretion, sell the tax-forfeited lands for any amounthe may deem
reasonable, irrespective ofthe amount oftaxes forv^hichthe propertywas sold
tothe state. The Secretary ofState, in determiningthe sales price forthe land,
maytake into accountthe costofcleanup andremovalofdebris from destroyed
buildings and improvements situated thereon, or may contract v^ith the
purchaser for cleanup and removal ofdebris from destroyed buildings as part
ofthe consideration for sale ofthe land.
SOURCES: Codes, 1942, § 4133; Laws, 1942, ch. 235; Laws, 2012, ch. 339, § 1, eff
from and after July 1, 2012.
—
Amendment Notes The 2012 amendment rewrote the section.
§ 29-1-57. Sale ofbuildings, personal property and land asso-
ciated with tax lands; factors Secretary of State may con-
sider in determining sale price for land.
Where tax-forfeited lands have situated thereon buildings or personal
property which are deteriorating, the Secretary ofState may sell and dispose
of the buildings, personal property and land for any consideration he may
deem reasonable, irrespective ofthe amount oftaxes for which same was sold.
4 2013 Supplement