reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-47 - Forestry escrow fund

For its services the State Forestry Commission shall be entitled to receive its actual expenses incurred in the discharge of the duties herein imposed. In order to provide funds with which to pay for the general supervision and sale of forest products, fifteen percent (15%) of all receipts from the sales of forest products shall be placed by the board in a Forestry Escrow Fund and reserved to pay for work performed by the State Forestry Commission. Such payments shall be equal to the actual expenses incurred by the commission as substantiated by itemized bills presented to the board.
Money in the Forestry Escrow Fund may be used to pay for any forestry work authorized during the period of the agreement and shall not be subject to lapse by reason of county budget limitations.
In each school district having need of tree planting and timber stand improvement, the board of education is authorized to place additional amounts in the Forestry Escrow Fund to reimburse the State Forestry Commission for actual expenses incurred in performing this work, or to pay for any work done under private contract under the supervision of said commission. Such additional amounts may be made available from forest products sales receipts, funds borrowed from the sixteenth section principal fund as is provided for in Section
29-3-113
, or any other funds available to the board of education excluding total funding formula funds. Expenditures from the Forestry Escrow Fund for tree planting, timber stand improvement, and other forestry work will be limited to payment for work recommended by the Forestry Commission and agreed to by the board of education.
When it becomes evident that the amount of money in the Forestry Escrow Fund is in excess of the amount necessary to accomplish the work needed to achieve the goals set by the board of education and the Forestry Commission, the State Forestry Commission shall advise said board to release any part of such funds as will not be needed, which may then be spent for any purpose authorized by law.
Codes, 1942, § 6598-13; Laws, 1958, ch. 303, § 13; Laws, 1978, ch. 525, § 25, eff. 7/1/1978.
Amended by Laws, 2024, ch. 484, HB 4130,§ 24, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-49 - Agreements for timber improvement

It shall be the duty of the State Forestry Commission, in the manner provided in Section
29-3-45
, to enter into agreements for timber improvement purposes with the board of education upon the request of the board. The contract shall provide for the carrying out of a long-term program of timber improvement, including any or all of the following: The deadening of undesirable hardwoods, the planting of trees, the cutting and maintaining of fire lanes, and the establishment of marked boundaries on all lands classified as forest lands in the agreements, which provide for the reimbursement of all current costs incurred by the State Forestry Commission and the carrying out of the duties required by such agreements. In the alternative, the commission, in its discretion, may have the option to contract with a private contractor, subject to the approval of the board, to perform this work under the supervision of the commission. Payment of the reimbursements as hereinabove set forth to the Forestry Commission, or of compensation due under any such contract with private contractors shall be made upon presentation of itemized bills by the commission or the private contractors, as the case may be, and may be made out of any sixteenth section funds to the credit of, or accruing to, any school district in which such work shall be done, or out of any other funds available to such district, excluding total funding formula funds.
Codes, 1942, § 6598-14; Laws, 1958, ch. 303, § 14; Laws, 1975, ch. 436; Laws, 1978, ch. 525, § 26; Laws, 2009, ch. 505, § 2, eff. 7/1/2009.
Amended by Laws, 2024, ch. 484, HB 4130,§ 25, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-51 - Determination of lands subject to lease

The chancery courts have jurisdiction to determine, on bill or petition, what lands are or may be subject to lease under provisions of this chapter; but all sixteenth sections, or lands taken in lieu thereof, are presumed to be so subject unless the contrary be shown clearly.
Codes, 1930, § 6773; 1942, § 6613; Laws, 1924, ch. 283; Laws, 1930, ch. 278.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-52 - Prima facie validity of leases executed and recorded in substantial conformity with law

Any lease of sixteenth section lands, or lands granted in lieu thereof, including leases and any renewal, replacement or extension of such leases granted pursuant to Section
29-3-99
, executed and recorded in substantial conformity with the applicable provisions of this chapter shall be deemed to be prima facie valid, and defects in ministerial or procedural acts alone shall not affect the validity of any such lease, as far as a bona fide purchaser or encumbrancer for value of any such lease is concerned. Any such purchaser or encumbrancer shall be entitled to rely upon the validity of any such lease insofar as the interest of the state or any political subdivision thereof, the public, or any school district is concerned.
Nothing in this section shall prohibit any party from challenging the validity of any lease on the grounds of inadequacy of consideration given for the lands involved in the lease.
Laws, 1978, ch. 525, § 51; Laws, 1992, ch. 486 § 3, eff. 5/7/1992.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-53 - Term lessee defined

Any lease executed pursuant to this chapter shall inure to the benefit of the lessee therein named, his heirs and assigns, and in case the lessee be a corporation, to such lessee and its assigns.
Codes, 1930, § 6785; 1942, § 6628; Laws, 1926, ch. 318; Laws, 1930, ch. 278.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-54 - Posting of leased land against trespassers

Any leaseholder of sixteenth section land, or land granted in lieu thereof, shall be authorized to post such land against trespassers; provided that such posting shall not prohibit the inspection of said lands by individuals responsible for the management or supervision thereof acting in their official capacity. In the event hunting or fishing rights have been leased on lands classified as forest land, the holder of such rights and the state forestry commission shall be authorized to post such land against trespassers.
Laws, 1978, ch. 525, § 53, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-55 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
Codes, 1942, § 6598-17; Laws, 1958, ch. 303, § 17.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-57 - Superintendent of education to docket leases and collect rentals

The superintendent of education shall keep a current docket as to the expiration date of all leases on sixteenth section lands; likewise, he shall keep a correct current docket upon the existing leases or any extensions thereof as to the amounts and time of payment of rentals provided for by such lease. It shall be the duty of the superintendent of education to collect promptly all rentals due and all principal and interest due upon loans and investments of sixteenth section funds. Upon a sixty (60) day default in payment of any rentals according to the terms of such lease, the lease shall be declared terminated unless the board of education finds extenuating circumstances were present, and the board shall inaugurate the proper legal proceedings to terminate such lease. The superintendent of education, with the approval of the board of education, may employ an attorney or other person to aid in collecting any such funds when in his opinion the same is necessary, and may pay reasonable compensation therefor out of funds collected, not to exceed in any case twenty-five percent (25%) of the amount actually collected. It shall be the duty of the superintendent of education to supervise generally the administration of all sixteenth section lands within his jurisdiction. In all cases where leases of sixteenth section lands are entered into, it shall be the duty of the superintendent of education to take the notes of the lessees for the rents provided by said lease and turn them over to the county depository and attend to their collection. In the case of the leasing of agricultural lands, the school district shall have the same rights and remedies for the security and collection of such rent as are given by law to agricultural landlords.
Codes, 1942, § 6598-16; Laws, 1958, ch. 303, § 16; Laws, 1978, ch. 525, § 27, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-59 - Proceeds of leases

All rentals, or other revenue payable under any leases executed pursuant to this chapter shall be paid to and collected by the superintendent of education and shall be credited to the township school fund and used and expended in the same manner and subject to the same restrictions as provided by law in the case of other money belonging to such funds. Any superintendent of education receiving any such revenue shall make annual report thereof to the state superintendent of education.
Codes, 1930, § 6784; 1942, § 6625; Laws, 1926, ch. 318; Laws, 1930, ch. 278; Laws, 1978, ch. 525, § 28, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-61 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
Codes, 1930, § 6759; 1942, § 6597; Laws, 1924, ch. 283; 1930, ch. 278; 1946, ch. 443, § 1; 1948, ch. 497, § 1; 1961, 2nd Ex Sess ch. 2, § 1; 1962, ch. 364, § 1; 1968, ch. 411, § 1.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-65 - Appraisal of lands; adjustment of rental amounts

One (1) year prior to the date, when any such lands, not subject to competitive bid procedures, shall become available for lease, the board of education shall appoint a competent appraiser to appraise the land and report to the board his recommendation for the fair market rental amount. The board shall then determine whether the same be a reasonable amount, and shall grant the lease pursuant to Section
29-3-63
. Provided that in the event any such land becomes available for lease prior to July 1, 1979, an appraisal shall be required prior to the granting of said lease.
The board of education may use rent escalation clauses or other such devices to adjust rental amounts during the lease term. Owners of leaseholds under a lease granted prior to July 1, 1978, which have improvements constructed thereon, shall not be charged for such improvements in successive lease periods unless the lease contract clearly specifies otherwise. The cost of the appraisal under this section shall be paid from any available sixteenth section school funds or other school funds of the district.
The appraisal pertaining to renewal oil, gas and mineral leases executed pursuant to Section
29-3-63
may be made either before or after the expiration of the original lease and shall appraise the fair market value for the bonus to be paid for a renewal lease containing the terms and conditions agreed upon by the holder of the lease and the board of education.
Codes, 1942, § 6597-04; Laws, 1946, ch. 443, § 4; Laws, 1948, ch. 497, § 5; Laws, 1978, ch. 525, § 30; Laws, 1992, ch. 486 § 5, eff. 5/7/1992.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-67 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
Codes, 1942, § 6597-06; Laws, 1946, ch. 443, § 12; Laws, 1948, ch. 497, § 7; Laws, 1961, 2d Ex Sess, ch. 2, § 3.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-71 - Leaseholds subject to taxes

Sixteenth section lands reserved for the use of schools, or lands reserved or granted in lieu of or as a substitute for the sixteenth sections, shall be liable, after the same shall have been leased, to be taxed as other lands are taxed during the continuance of the lease, but in case of sale thereof for taxes, only the title of the lessee or his heirs or assigns shall pass by the sale.
Codes, 1942, § 6597-07; Laws, 1946, ch. 443, § 14; Laws, 1948, ch. 497, § 8.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-73 - Lands liable for drainage taxes

Where any school land, generally known as sixteenth sections, reserved for the use of schools, or land reserved or granted in lieu of or substituted for sixteenth sections lies within or partly within any drainage district created under the laws of this state, and will be benefited by such drainage district, such land so benefited shall be liable for its pro rata share of the costs, expenses, taxes, and assessments relating to said district as if owned by an individual, and shall be assessed accordingly, as other lands are assessed. But in case of a sale of such lands for such taxes or assessments, only the title of the lessee holding such lands under lease at the time of the sale shall pass by the sale.
Where such sixteenth section land, or land taken in lieu thereof, shall be held by any lessee, whether his lease shall have heretofore been acquired or shall hereafter be acquired, all such drainage taxes and assessments accruing thereon during such lease shall, in the discretion of the board of education, either be paid by the lessee, his grantees or assigns, or by the board of education, but the liability for such drainage taxes shall be fixed by the lease contract when said lands are leased. Where said lands have been leased by the superintendent of education, with the consent of the board of education in open session, and said lease contract provides that the lessee shall pay all such drainage taxes and assessments, and the lessee has actually entered upon and occupied said lands as lessee and is recognized as such, the school district in which said sixteenth section is located shall not be liable for such drainage taxes on account of the negligence of the secretary in failing to enter the order of the board approving said lease contract on its minutes. All such drainage taxes and assessments accruing on any such lands while the same are not leased shall be paid by the board of education of the school district in which such lands are situated, out of any sixteenth section funds belonging to the township in which such lands are located, which may be on hand at the time when such drainage taxes or assessments become due or which may be thereafter at any time collected or acquired. For the purpose of paying such drainage taxes and assessments, the board of education may borrow all money necessary to pay the same. When any such funds are borrowed as aforesaid, for the purposes aforesaid, the same shall be repaid out of the first sixteenth section fund thereafter derived from the sixteenth section lands so taxed and assessed.
Codes, 1930, § 6767; 1942, § 6607; Laws, 1924, ch. 267; Laws, 1940, ch. 182; Laws, 1978, ch. 525, § 32, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-75 - Insurance

Any leaseholder shall have the right at his own expense to keep his interest in the buildings and other improvements on the leased premises insured against loss or damage by fire and windstorm.
Codes, 1942, § 6597-08; Laws, 1946, ch. 443, § 15; Laws, 1948, ch. 497, § 9.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-77 - Disposition of buildings

Where buildings are located on sixteenth section lands which are not subject to an existing lease and such buildings have ceased to be used for the purpose for which they were constructed, the board of education may sell and dispose of such buildings pursuant to the procedures prescribed in Sections
37-7-451
through
37-7-483
.
Codes, 1942, § 6597-09; Laws, 1946, ch. 443, § 16; Laws, 1948, ch. 497, § 10; Laws, 1978, ch. 525, § 33, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-79 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
Codes, 1942, § 6597-10; Laws, 1946, ch. 443, § 11; Laws, 1948, ch. 497, § 11.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-82 - Leasing of land not classified as forest land or agricultural land

The following procedure shall be followed for the leasing of sixteenth section school lands or lands granted in lieu thereof which are not classified as forest land or agricultural land or leased under Section
29-3-99
:
(a)
Any present leaseholder who desires to renew his lease, or any person who desires to lease sixteenth section or lieu lands, shall make application to the superintendent of education.
(b)
Upon receipt of an application for the lease of such lands, the superintendent of education shall promptly give consideration to the application and he shall record his recommendation in writing and present it to the board of education at the next regular meeting of the board.
(c)
The board of education, at its meeting, shall consider the application and recommendation of the superintendent of education and may receive any other information which it considers bearing upon the approval of the application and lease of such land. Within thirty (30) days of the receipt of an application, the board shall act on the application and if such action is favorable, the board of education shall submit to the superintendent of education a suggested lease agreement.
(d)
The superintendent of education shall then present the lease to the board of supervisors of the county where such land is located. Within thirty (30) days of the receipt of the lease, the board of supervisors shall accept or reject the proposed rental amount.
(e)
If the board of supervisors accepts the lease as proposed by the board of education, the superintendent of education shall execute the lease to the applicant under the terms and conditions set forth in the lease.
(f)
If the board of supervisors refuses to accept the rental value set by the board of education in the proposed lease, the rental value of the lease shall be determined under the provisions set forth in Section
29-3-1(2)
.
(g)
All sixteenth section or lieu land leases shall be reduced to writing and signed by the president of the board of supervisors, the president of the board of education and the superintendent of education. The chancery clerk shall record the original on the deed records of the county, abstract the lease as a mesne conveyance, and record it on the minutes of the board of supervisors. The chancery clerk shall charge and collect from the lessee the full recording fees. A certified copy of the lease must be provided to the Secretary of State in the format requested.
Laws, 1978, ch. 525, § 2, eff. 7/1/1978.
Amended by Laws, 2020, ch. 365, HB 1439,§ 2, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-83 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
Codes, 1942, § 6597-13; Laws, 1948, ch. 497, § 14.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-85 - Reservation of rights in lease

In all surface leases of sixteenth section land made by the board of education, whether such leases be original leases or extensions of existing leases, title to all timber, minerals, oil, and gas on such lands shall be reserved, together with the right of ingress and egress to remove same, whether such provisions be included in the terms of any such lease or not; and no timber shall be cut and used by the lessees except for fuel and necessary repairs and improvements on the leased premises. The board of education, notwithstanding the fact that such land may have been leased for other purposes, shall have the right, from time to time, to sell all merchantable timber on such lands in the manner hereinabove provided. In all cases where surface leases were outstanding on June 28, 1958, and have at least five (5) years remaining of the term thereof wherein the right to sell timber has not been reserved, either expressly or by operation of law, the board may, by agreement with the lessee, sell such timber under the procedure herein set out. In all such cases the forestry commission shall only cause to be marked for cutting such timber as, in its judgment, should be harvested in the best interest of the reversionary estate, and the board may agree to pay to the lessee a portion of the proceeds of such sales from time to time, not to exceed fifty percent (50%) thereof after the deduction of the fifteen percent (15%) escrow money, hereinbefore mentioned, and all other costs of the sale. In any surface lease, the board of education shall reserve the right to grant or sell rights-of-way across any of said land for a road, highway, railroad, or any public utility line, provided only that the leaseholder be paid a reasonable rental for the unexpired term of his lease by the grantee of such right-of-way. If any surface lessee of any such sixteenth section land shall commit, cause to be committed, or permit the commission of any act of waste on any sixteenth section lands under lease to such lessee, then such lease shall thereupon, as to such lessee, cease and terminate and shall thenceforth be null and void; and the board of education shall have the right to institute an action in any court of competent jurisdiction to secure the cancellation of same of record, to recover damages for such waste, and to maintain an action in ejectment to recover possession of the same. To this end, the board of education is hereby authorized and empowered to employ competent counsel to institute and maintain any such action or actions on behalf of the board.
Codes, 1942, § 6598-18; Laws, 1958, ch. 303, § 18; Laws, 1978, ch. 525, § 35; Laws, 1992, ch. 486 § 6, eff. 5/7/1992.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-87 - Reservation of lands for school building site, public park, or recreational area

Notwithstanding the provisions of this or any other statute, the several boards of education are hereby authorized and empowered, in their discretion and by resolution spread upon the minutes, to set aside, reserve, and dedicate any available sixteenth section lands or lands in lieu thereof for use by such school district as a site for school buildings, which such dedication and reservation shall be for such length of time, not exceeding fifty (50) years, and upon such terms and conditions as the board of education, in its discretion, shall deem proper. Any such reservation or dedication of sixteenth section lands shall automatically cease and terminate if, at any time, the land involved shall cease to be used for the purpose for which the dedication or reservation is made. The reservation or dedication shall cover the surface of said lands only and shall not prevent the board of education from leasing said lands for oil, gas, and mineral exploration and development in a manner otherwise provided by law.
In the same manner and subject to the same provisions hereinabove set forth the board of education having a timber management and marketing agreement with the state forestry commission or National Forest Service, may set aside, reserve and dedicate any available sixteenth section lands or lands granted in lieu thereof, which has been classified as forest land under the provisions of Section
29-3-31
et seq., Mississippi Code of 1972, to be utilized for public parks and recreation areas. The board of supervisors or the governing authorities of any municipality wherein such lands or any portion thereof lie may expend any funds otherwise available for park or recreational areas in the construction and maintenance of improvements to be located thereon.
The setting aside, reservation and dedication of any such sixteenth section lands, or lands granted in lieu thereof by a board of education to the state park commission for the purpose of locating a state park thereon may be for a length of time not exceeding ninety-nine (99) years.
No sixteenth section or lieu land which is subject to an existing lease shall be set aside, dedicated, and reserved as a school building site or for public park or recreational purposes under the provisions of this section unless the school district involved shall acquire the unexpired leasehold interest from the leaseholder, or unless such lease and leasehold interest shall be surrendered and relinquished by the leaseholder.
Codes, 1942, § 6598-19; Laws, 1958, ch. 303, § 19; Laws, 1974, ch. 546, § 1; Laws, 1978, ch. 525, § 36, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-88 - Acquisition of land for construction of school buildings or structures

The board of education is authorized and empowered to acquire in its own name by purchase, contribution or otherwise all land situated in its district within sixteenth section or lieu lands and under a lease contract which shall be necessary and desirable in connection with the construction of any public school building or structure. If the board shall be unable to agree with the lessee of any such land in connection with any such project, the board shall have the power and authority to acquire any such land by condemnation proceedings in the manner otherwise provided by law and, for such purpose, the right of eminent domain is hereby conferred upon and vested in said board.
Laws, 1978, ch. 525, § 49, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-89 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
Codes, 1942, § 6597.5; Laws, 1956, ch. 268.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-91 - Compensation for easement or right of way exception

(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, that the new road will enhance the value of the sixteenth section land or lieu land, and requests that a county or city construct and maintain the road, then, upon agreement by the county or city to bear all costs of construction and maintenance, the local board of education may provide a right-of-way for the new road without compensation from the county or city if the initial cost of constructing the new road exceeds the value of the right-of-way. The local board of education shall have sole discretion in determining the location of any new road constructed under the authority of this subsection. 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.
Codes, 1942, § 6598-20; Laws, 1958, ch. 303, § 20; Laws, 1964, ch. 405, § 1; Laws, 1978, ch. 525, § 37; Laws, 1999, ch. 366, § 1, eff. 3/15/1999.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-92 - Purchase of easements for access to sixteenth section or lieu lands; use of eminent domain to acquire easement access prohibited

(1)
The school board of a school district may acquire, in the name of the district, by purchase, all easements that are necessary and desirable for access to sixteenth section lands or lieu lands. Whenever the purchase price for property on which an easement is to be located is greater than Fifty Thousand Dollars ($50,000.00), the school board may not purchase the property for an amount exceeding the fair market value of the property, as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State of Mississippi.
(2)
In no event shall eminent domain be used against any private land owner by any local school board or local governing authority to acquire easement access to sixteenth section lands or lieu lands. If a landowner objects or refuses to sell an easement right in his or her property to the local school board, the board shall seek another means to gain access to those lands that does not interfere with the landowner's quiet use and enjoyment of his or her property.
Laws, 2011, ch. 372, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-93 - through 29-3-97 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
§ 29-3-93. [Codes, 1930, § 6761; 1942, § 6599; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1954, ch. 256, § 1]. § 29-3-95. [Codes, 1942, § 6599.3; Laws, 1954, ch. 256, § 2; Laws, 1956, ch. 160]. § 29-3-97. [Codes, 1942, § 6606-11; Laws, 1956, ch. 272, §§ 1-3].
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-101 - Rights of mineral lessee

Every such lease shall empower the lessee to enter upon the premises leased and explore and develop such premises for oil, gas, or either of them, or such other mineral as may be included in the terms of said lease, and to do all things necessary or expedient for the production and preservation of any of such products; and shall inure to the lessee, his heirs or assigns.
Codes, 1930, § 6763; 1942, § 6601; Laws, 1926, ch. 318; Laws, 1930, ch. 278.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-103 - Confirmation of leases

Any person holding or claiming any sixteenth section school land under a lease or extension thereof made by the board of education or by their authority or direction, may proceed by bill in chancery court to have such lease or extension thereof confirmed and quieted. He shall set forth in his bill his claim for title under the lease or extension thereof which he asks to have confirmed, the date of such lease or extension, to whom made, the consideration, and the amount paid and to be paid, if any. The superintendent of education of the district in which the bill is filed and in which the land may be located shall be made a party defendant, and process shall be served on him as in other cases in chancery. Such suits shall be brought in the county in which the sixteenth section or some part thereof is located, and shall be proceeded with as in other cases in chancery, except that the bill shall not be taken as confessed; and it shall be competent for the court to hear and consider evidence aliunde the records of the board of education as to whether the lease or extension thereof sought to be confirmed was legally made and whether the complainant is entitled to relief. If it is clearly proven that the requirements of law regulating such leases or extensions thereof were complied with, the proper relief shall be granted even though the records contain no such affirmative showing. The party claiming title under such lease or extension thereof shall be entitled to the benefits of this section whether the suit be filed by him or by the school district, as required by this chapter.
The provisions of statute made by Sections
29-3-105
and
29-3-107
shall fully apply under this section.
Codes, 1930, § 6775; 1942, § 6616; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1950, ch. 366; Laws, 1978, ch. 525, § 39, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-105 - Decree of confirmation

Should the court be of the opinion that the complainant is entitled to relief, it shall decree a confirmation of the lease under which complainant claims and fix the date of its commencement and termination; and such decree shall vest in the complainant a good and perfect title to the term of the lease for the time fixed in such decree. Nothing in this or the preceding sections shall be construed as releasing any person from the payment in full of any balance that may be due on any lease under which he may claim or hold any or all of such sixteenth section school lands, but he must either pay or tender in court any balance that may be due as aforesaid before the relief prayed for shall be granted.
Codes, 1930, § 6776; 1942, § 6617; Laws, 1924, ch. 283; Laws, 1930, ch. 278.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-107 - Illegal leases

Should it appear to the court that the lease under which the complainant holds or claims title was illegally made and void, then the court may proceed to have an account stated of the amount of money, principal and interest which has actually been paid in consideration for such lease by the complainant and those under whom he may claim, and an account of the rents, issues and profits arising from said land, less the cost of any necessary, permanent, valuable, and not ornamental improvements made upon said land, and may decree any excess of money paid and interest and cost of improvements over the rent, issues, and profits to complainants. Such decree shall be a lien upon the rents, issues and profits accrued or to accrue from the particular sixteenth section involved in such suit until the same is fully paid and satisfied. Upon the rendition of such decree, the secretary of the board of education shall issue a warrant for the amount decreed to be paid to the complainant against the funds of such sixteenth section, and the same shall be paid out of the first available money to the credit of such funds. Any excess in the amount of the rents, issues and profits, after deducting the cost of improvements and amount paid by complainant, shall be decreed against him, together with a writ of possession in favor of the defendant. All court costs in suits brought shall be paid by the party or parties seeking relief under the provisions hereof.
Codes, 1930, § 6777; 1942, § 6618; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1978, ch. 525, § 40, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-109 - Crediting of funds derived from lands

All expendable funds derived from sixteenth section or lieu lands shall be credited to the school districts of the township in which such sixteenth section lands may be located, or to which any sixteenth section lieu lands may belong. Such funds shall not be expended except for the purpose of education of the educable children of the school district to which they belong, or as otherwise may be provided by law.
The board of education shall require additional securities from the county depository when necessary to protect such funds and, in the event of their failure so to do, they shall be liable therefor upon their official bond.
Codes, 1942, § 6598-02; Laws, 1958, ch. 303, § 2; Laws, 1978, ch. 525, § 41, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-111 - Expenditure of moneys derived from lands

All moneys heretofore or hereafter derived from the leasing of said lands for oil, gas and mineral purposes, including any bonus or delay rental payable under such leases, and all moneys derived from the annual payment of rents from the leasing of said lands for agricultural, residential, commercial, industrial, grazing or other purposes, or derived as interest upon loans or investments of principal funds, and all moneys heretofore or hereafter derived from the sale of timber, may be expended for any of the purposes authorized by law. In cases where said moneys have been transferred to the principal fund and it is determined to expend same for any of the purposes authorized by law, such moneys shall be transferred to the proper fund for expenditure upon order of the board of education.
Codes, 1942, § 6598-03; Laws, 1958, ch. 303, § 3; Laws, 1978, ch. 525, § 42, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-115 - Use of expendable funds

The expendable funds derived from sixteenth section or lieu lands may be expended for the building and repair of schoolhouses, teachers' homes, and other school facilities, the purchase of furniture, school vehicles and equipment for same, the payment of teachers' salaries, and for all other purposes in operating and maintaining the schools of the district to which such funds belong for which other available school funds may be expended. Such funds may also be expended for clearing, draining, reforesting and otherwise improving any sixteenth section lands of township to which any such available funds may belong. Such funds may also be expended for the purpose of paying any drainage district taxes, costs, expenses, and assessments for which the sixteenth section may be liable, and in such case the same shall be paid by the board of education out of any funds which would otherwise be paid over to the school district entitled thereto under the provisions of Sections
29-3-115
through
29-3-123
. Such funds may also be expended to pay all reasonable and necessary attorneys' fees incurred to clear the title on any sixteenth section lieu lands located outside the county.
Codes, 1942, § 6606-01; Laws, 1954, ch. 258, § 1; Laws, 1978, ch. 525, § 44; Laws, 1983, ch. 347, eff. 3/15/1983.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-117 - Revenues to be paid into maintenance or building fund

All expendable sixteenth section revenues to which a school district shall become entitled, as provided in Sections
29-3-115
through
29-3-123
from annual rents, interest and other sources shall be paid into the maintenance or building fund of the school district entitled thereto on order of the board of education.
Codes, 1942, § 6606-05; Laws, 1954, ch. 258, § 5; Laws, 1978, ch. 525, § 45, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-121 - Superintendent of school district to make lists; recount; costs of recount

It shall be the duty of the superintendent of each school district to make or cause to be made annual lists of the children enrolled in the schools of such district and who reside in such district, which lists shall be based upon the end of the first month enrollment required to be reported to the State Department of Education for the then current school year. The lists shall be made separately as to the townships in which such children reside. Such lists shall be filed with the superintendent of the custodial school district on or before December 31 of each year, and the lists shall be used in making the division of the available funds of each township during the ensuing calendar year, as provided by Section
29-3-119
. The superintendent of the custodial school district shall make such lists available, upon request, to each school district sharing in the revenues of the township. Any school district failing to timely provide the list to the superintendent of the custodial school district shall forfeit its right to such funds unless the school board of the custodial school district and the school board of the other district or districts entitled to such funds have executed a written agreement providing for the distribution of such funds in a manner agreed upon by the school districts. All such lists shall be retained and preserved by the superintendent of the custodial school district as a public record. Such lists shall not be made, however, as to any township which is wholly within one (1) school district. If any superintendent of a school district participating in the division of such funds shall challenge in writing the accuracy of any such list, the Office of the State Auditor, upon receipt of such challenge, may, in its discretion, order and arrange for and supervise a recount of the children enrolled in the schools of such district and who reside in such district. All costs incurred in conducting the recount shall be borne by the challenging district and the district in which the recount is conducted on a pro rata basis, as determined from the results of the recount. Such costs may be paid from the school district's share of the available township funds. Such recount, when obtained, shall supersede the original list for the purposes of Sections
29-3-115
through
29-3-123
.
Codes, 1942, § 6606-03; Laws, 1954, ch. 258, § 3; Laws, 1999, ch. 517, § 2, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-123 - Lists of educable children required before payment of funds

It shall be unlawful for any township funds to be expended by the custodial school district or paid over to school districts as provided in Sections
29-3-115
through
29-3-123
, where there are two (2) or more school districts or parts of school districts in the township until lists of the children residing in each district or part of district within such township who are enrolled in the schools thereof have been made as required under Section
29-3-121
. Such lists shall be made annually before any payment of the expendable sixteenth section revenues shall be made to school districts as provided in Sections
29-3-115
through
29-3-123
. Any member of a local school board or any superintendent of a school district who shall order the payment of such funds or who shall issue a pay certificate therefor in violation of the provisions of this section shall be liable upon his bond for the amount so paid.
Nothing in Sections
29-3-115
through
29-3-123
shall repeal or restrict the expenditure of funds by the Board of Supervisors of Claiborne County under Chapters 661, 662 and 663, Laws of 1950; or the expenditure by the Board of Supervisors of Adams County of any funds under Chapter 615, Laws of 1950.
Codes, 1942, § 6606-06; Laws, 1954, ch. 258, § 6; Laws, 1955 Ex Sess, ch. 49, § 2; Laws, 1999, ch. 517, § 3, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 29 - PUBLIC LANDS, BUILDINGS AND PROPERTY (§§ 29-1-1 — 29-18-19) › Chapter 3 - SIXTEENTH SECTION AND LIEU LANDS (§§ 29-3-1 — 29-3-183) › IN GENERAL (§§ 29-3-1 — 29-3-141) › Section 29-3-125 - [Repealed]

Repealed by Laws, 1978, ch. 525, § 55, eff. 7/1/1978.
Codes, 1942, § 6626; Laws, 1934, ch. 271.