reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-221 - through 43-35-229 - [Repealed]

Repealed by Laws 1980, ch. 441, § 5, eff. 5/1/1980.
§ 43-35-221. [Laws, 1970, ch. 499, § 11] § 43-35-223. [Laws, 1970, ch. 499, § 12] § 43-35-225. [Laws, 1970, ch. 499, § 13] § 43-35-227. [Laws, 1970, ch. 499, § 14] § 43-35-229. [Laws, 1970, ch. 499, § 15]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-231 - Authority conferred by article cumulative

The authority and power conferred upon the municipalities by this article shall be cumulative and in addition to any other authorities and powers conferred upon them by law and shall not be construed to in any way diminish or limit any other such authorities or powers.
Codes, 1942, § 3374-216; Laws, 1970, ch. 499, § 16, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-233 - Authority for issuance of bonds

Bonds may be issued pursuant to this article without any other proceedings or the happening of any other conditions or things than those specified or required by this article.
Codes, 1942, § 3374-217; Laws, 1970, ch. 499, § 17, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-235 - Appointment of additional members to board of urban renewal agency

The governing authorities of any municipality which has delegated to its urban renewal agency or redevelopment authority the powers, duties and responsibilities relating to parking facilities as provided for in Section
43-35-201
, may, within their discretion, appoint two (2) additional members to the board of commissioners of such urban renewal agency, in addition to the five (5) members provided for in Section
43-35-33
. Such additional commissioners shall be appointed in the same manner and for the same term, and shall have the same qualifications and shall otherwise be subject to the provisions of Section
43-35-33
and Section
43-35-35
.
Codes, 1942, § 3374-218; Laws, 1970, ch. 499, § 18, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-301 - Declaration of legislative intent

It is hereby declared to be the intent of the Legislature, by this article, to assist municipalities of this state in the growth, development and redevelopment of downtown areas within their corporate limits by authorizing any of said municipalities to designate areas for development and/or redevelopment and to provide a method for accomplishing said purpose.
Codes, 1942, § 3374-251; Laws, 1972, ch. 395, § 1, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-303 - Refurbishing of physical facilities authorized

The governing authorities of any municipality are hereby authorized and empowered, in their discretion, to construct, repair, improve, renovate or otherwise recondition physical facilities owned or leased by the municipality within the municipalities subject to the provisions hereinafter set out.
Codes, 1942, § 3374-252; Laws, 1972, ch. 395, § 2, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-305 - Designation of location of facility; hearing

The governing authorities, prior to utilizing the authority granted under this article, shall designate the area within which said facility shall be located and shall hold a hearing as provided in Section
21-41-5
, Mississippi Code of 1972.
Codes, 1942, § 3374-253; Laws, 1972, ch. 395, § 3, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-307 - Determination of cost

In determining the overall cost of said facility, the following are to be considered by the governing authorities: the acquisition of the land, either by purchase or lease or otherwise, and all expenses incident thereto; the cost of any surfacing, building, lighting, drainage or other improvements necessary for the safe and convenient maintenance and operation of such facility; whatever annual costs of operation are necessary by way of maintenance, police or fire protection; and all other operational or administrative expenses. The costs and all expenses incurred by virtue of this article shall be charged upon the property benefitted thereby.
Codes, 1942, § 3374-254; Laws, 1972, ch. 395, § 4, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-309 - Charges for use of facilities

The governing authorities of such municipality are hereby authorized, in their discretion, to make such charges as would be deemed proper for the use of such facilities. Any revenue received from any of such charges may be pledged for the payment of bonds issued hereunder or otherwise credited against the cost and expense to be charged against the property benefitted thereby.
Codes, 1942, § 3374-255; Laws, 1972, ch. 395, § 5, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-311 - Levy of taxes

The governing authorities are hereby authorized and empowered to levy, collect and make any annual special tax or assessment against the benefitted property in the designated area. However, no assessment, not to exceed five (5) mills, made under the provisions of this article shall be made against the benefitted property until notice of the proposed action is furnished to the owners of the property on which said assessment is to be made, in the same manner as provided in Section
21-41-5
, Mississippi Code of 1972. At the meeting called for the hearing of any objections that may be made by said property owners, any property owner aggrieved may appear in person, by attorney, or by petition on any objection to the proposal or any part thereof. The board shall consider the objections, if any, and may confirm, modify or rescind the resolution of necessity and shall determine whether said proposal shall be implemented and how the cost thereof shall be paid. The determination of the board shall be final and conclusive at the expiration of the protest period hereinafter provided, subject only to an appeal to a court of appropriate jurisdiction within thirty (30) days after said order becomes final. If property owners owning more than one-third (1/3) of the front footage of the property in the designated area shall file a protest, then the provisions of this article shall not be utilized. Any protest made, as provided herein, shall be in writing, signed by the property owner or his legal representative and filed with the city clerk within forty-five (45) days of the adjournment of said meeting. The special tax levy herein provided shall not affect or apply to any property in the designated area that is used as residential property and qualifies as a homestead under the provisions of the Homestead Exemption Law being Sections
27-33-3
et seq., Mississippi Code of 1972.
Codes, 1942, § 3374-256; Laws, 1972, ch. 395, § 6, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-313 - Issuance of bonds

The governing authorities of such municipality are hereby authorized to issue bonds for the cost hereinabove referred to or to defray any expenditures made by said municipality out of its general fund which are necessary and authorized herein. Such bonds shall be sold on sealed bids at public sale in the manner provided by Section
31-19-25
, Mississippi Code of 1972. Any expenditure disbursed from said general fund shall be repaid from the proceeds of the bond issue. Any bonds issued under the provisions of this article shall have an amortization period of up to ten (10) years, such period to be determined by said governing authorities. The interest on such bonds issued under the provisions of this article shall bear a rate of interest not to exceed the limits set forth in Section
21-33-315
, Mississippi Code of 1972. The principal of and the interest on such bonds shall be payable from the special taxes or assessments levied against the benefitted property in the designated area, as provided in Section
43-35-311
, and may be further secured by a pledge of and payable from any revenue received from any charges for the use of facilities constructed with the proceeds of such bonds.
Codes, 1942, § 3374-257; Laws, 1972, ch. 395, § 7, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 7 - DESIGNATION OF AREAS FOR DEVELOPMENT AND REDEVELOPMENT (§§ 43-35-301 — 43-35-315) › Section 43-35-315 - Article is full and complete authority for expenditures and bonds

This article shall be deemed to be full and complete authority for the expenditure of money and the issuance of bonds as are hereby authorized and shall be construed as an additional and alternate method therefor.
Codes, 1942, § 3374-258; Laws, 1972, ch. 395, § 8, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 9 - COMMUNITY DEVELOPMENT (§§ 43-35-501 — 43-35-505) › Section 43-35-501 - Short title

This article shall be known and may be cited as the "Community Development Law."
Laws, 1980, ch. 441, § 1, eff. 5/2/1980.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 9 - COMMUNITY DEVELOPMENT (§§ 43-35-501 — 43-35-505) › Section 43-35-503 - Authority of counties, municipalities and housing authorities with respect to community development grants

(1)
Any county, municipality, regional housing authority, or local housing authority in the state may make application to and contract with the United States or any department thereof for a grant or grants authorized to be made by the United States under the authority of the Housing and Community Development Act of 1974, as amended (42 USCS 5301 et seq., as amended), and to comply with all the terms and conditions of such grant or grants.
(2)
In addition to the powers granted to counties, municipalities, regional housing authorities, and local housing authorities under the Housing Authorities Law (Sections
43-33-1
through
43-33-53
), Sections
43-33-61
through
43-33-69
, Sections
43-33-101
through
43-33-137
, the Urban Renewal Law (Sections
43-35-1
through
43-35-37
), and Sections
43-35-301
through
43-35-315
, a county, municipality, regional housing authorities, and local housing authorities shall have all the powers necessary or convenient to carry out the programs which are the subject of the grant or grants for which it has so contracted under this section, including, but not limited to, the power to buy, lease or sell real or personal property obtained through the use of or in connection with such grant or grants, and the power to loan funds received under such grant or grants to nonprofit community and economic development corporations, private corporations organized for profit, partnerships, limited partnerships, joint ventures, or other persons, for the purposes of creating job opportunities and to promote local industrial or economic development. A county, municipality, regional housing authority, or local housing authority may charge interest on such loans, if contracted, and may invest or reloan the proceeds of the principal and interest from such loans. However, such loans shall be made only from funds obtained from such grant or grants, or from income produced by such grant or grants.
Laws, 1980, ch. 441, § 2; Laws, 1988, ch. 364, eff. 4/18/1988.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 9 - COMMUNITY DEVELOPMENT (§§ 43-35-501 — 43-35-505) › Section 43-35-505 - Provisions to be supplemental

The provisions of this article shall be in addition and supplemental to the powers conferred by any other laws.
Laws, 1980, ch. 441, § 3, eff. 5/2/1980.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 37 - ACQUISITION OF REAL PROPERTY USING PUBLIC FUNDS (§§ 43-37-1 — 43-37-13) › Section 43-37-1 - Title; applicability

This chapter shall be known as the "Real Property Acquisition Policies Law."
The provisions of this chapter shall be applicable to the acquisition of real property under the laws of this state for use in any project or program in which public funds are used.
Codes, 1942, § 2749-51; Laws, 1972, ch. 525, § 1; Laws, 1996, ch. 426, § 1, eff. 3/25/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 37 - ACQUISITION OF REAL PROPERTY USING PUBLIC FUNDS (§§ 43-37-1 — 43-37-13) › Section 43-37-2 - Definitions

The words and terms defined in Section
43-39-5
, Mississippi Code of 1972, shall, unless the context otherwise clearly requires, also have the same meanings whenever such words and terms appear in this chapter.
Laws, 1989, ch. 457, § 2, eff. 3/24/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 37 - ACQUISITION OF REAL PROPERTY USING PUBLIC FUNDS (§§ 43-37-1 — 43-37-13) › Section 43-37-5 - Reimbursement of owner for expenses

Any person, agency or other entity acquiring real property for such use shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent that the state deems fair and reasonable, for expenses he necessarily incurred for (a) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the state; (b) penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering such real property; and (c) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the state, or the effective date of possession of such real property by the state, whichever is the earlier.
Codes, 1942, § 2749-52; Laws, 1972, ch. 525, § 2, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 37 - ACQUISITION OF REAL PROPERTY USING PUBLIC FUNDS (§§ 43-37-1 — 43-37-13) › Section 43-37-7 - Reimbursement of fees where condemnation not completed

Where a condemnation proceeding is instituted by the state, or a subdivision thereof, for a project which is funded in whole or in part by federal funds to acquire real property for such use and (a) the final judgment is that the real property cannot be acquired by condemnation or (b) the proceeding is abandoned, the owner of any right, title or interest in such real property shall be paid such sum as will, in the opinion of the state or the subdivision thereof, reimburse such owner for his reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. The award of such sums will be paid by the person, agency or other entity which sought to condemn the property.
Codes, 1942, § 2749-53; Laws, 1972, ch. 525, § 3, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 37 - ACQUISITION OF REAL PROPERTY USING PUBLIC FUNDS (§§ 43-37-1 — 43-37-13) › Section 43-37-9 - Reimbursement of expenses in cases of inverse condemnation

Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of his property in any program or project in which federal and/or federal-aid funds are used, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the state's attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the state's attorney, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.
Codes, 1942, § 2749-54; Laws, 1972, ch. 525, § 4, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 37 - ACQUISITION OF REAL PROPERTY USING PUBLIC FUNDS (§§ 43-37-1 — 43-37-13) › Section 43-37-11 - Buildings, structures and improvements to be acquired with land

(1)
Where any interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which are required to be removed from such real property or which are determined to be adversely affected by the use to which such real property will be put shall be acquired.
(2)
For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as above set forth, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building or improvement at the expiration of his term. The fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
(3)
Payment for such buildings, structures or improvements as set forth above shall not result in duplication of any payments otherwise authorized by state law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release all his right, title and interest in and to such improvements. Nothing with regard to the above-mentioned acquisition of buildings, structures or other improvements shall be construed to deprive the tenant of any rights to reject payment and to obtain payment for such property interests in accordance with the laws of the state.
Codes, 1942, § 2749-56; Laws, 1972, ch. 525, § 6, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 37 - ACQUISITION OF REAL PROPERTY USING PUBLIC FUNDS (§§ 43-37-1 — 43-37-13) › Section 43-37-13 - Payments as additives to compensation otherwise provided by law

Nothing contained in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of value or damages not in existence immediately prior to July 1, 1972, but such payments shall be considered only as additives to due compensation otherwise provided by law.
Codes, 1942, § 2749-57; Laws, 1972, ch. 525, § 7, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-1 - Title

This chapter shall be known as the "Relocation Assistance Law."
Codes, 1942, § 2749-71; Laws, 1972, ch. 526, § 1, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-3 - Declaration of purpose

The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by state and local land acquisition programs which are publicly funded in whole or in part. The policy shall be uniform as to (a) relocation payments, (b) advisory assistance, and (c) assurance of availability of standard housing under state or local land acquisition programs which are publicly funded in whole or in part.
Codes, 1942, § 2749-71; Laws, 1972, ch. 526, § 1; Laws, 1996, ch. 445, § 1, eff. 3/29/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-7 - Relocation payments; moving expense and dislocation allowances; fixed payments

(1)
If a displacing agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter for:
(a)
Actual reasonable expenses in moving himself, his family, business, farm operation or other personal property;
(b)
Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the agency;
(c)
Actual reasonable expenses in searching for a replacement business or farm; and
(d)
Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site in accordance with criteria to be established by the displacing agency, but not to exceed the maximum amount of relocation payments established by applicable federal regulations.
(2)
Any displaced person eligible for payments under subsection (1) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (1) of this section may receive an expense and dislocation allowance which shall be determined according to a schedule established by the displacing agency.
(3)
Any displaced person eligible for payments under subsection (1) of this section, who is displaced from his place of business or from his farm operation and who is eligible under criteria established by the displacing agency may also qualify for the payment authorized by this subsection. Such payment shall consist of a fixed payment in an amount to be determined by the agency, except that such payment shall not be less than One Thousand Dollars ($1,000.00) nor more than the maximum amount of relocation payments established by applicable federal regulations. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.
Codes, 1942, § 2749-73; Laws, 1972, ch. 526, § 3; Laws, 1989, ch. 421, § 2; Laws, 1996, ch. 445, § 3, eff. 3/29/1996.
Amended by Laws, 2013, ch. 468, HB 436, 2, eff. 3/26/2013.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-9 - Additional payments; elements thereof; eligibility therefor

(1)
In addition to payments otherwise authorized by this chapter, such displacing agency shall make an additional payment not in excess of the maximum amount of relocation payments established by applicable federal regulations to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than ninety (90) days before the initiation of negotiations for the acquisition of the property. The additional payment shall include the following elements:
(a)
The amount, if any, which when added to the acquisition cost of the dwelling acquired, equals the reasonable cost of a comparable replacement dwelling which is a decent, safe and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public services and places of employment, and available on the private market. All determinations required to carry out this paragraph shall be determined by regulations issued pursuant to Section
43-39-17
;
(b)
The amount, if any, which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of any such comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than ninety (90) days before the initiation of negotiations for the acquisition of the dwelling. Payment determinations shall be in accordance with regulations issued pursuant to Section
43-39-17
; and
(c)
Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
(2)
The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe and sanitary replacement dwelling within one (1) year after the date on which he receives final payment from the displacing agency for the acquired dwelling, or the date on which the displacing agency's obligation under Section
43-39-13
, is met, whichever is the later date, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one (1) year of such date.
Codes, 1942, § 2749-74; Laws, 1972, ch. 526, § 4; Laws, 1980, ch. 468, § 1; Laws, 1989, ch. 421, § 3; Laws, 1996, ch. 445, § 4, eff. 3/29/1996.
Amended by Laws, 2013, ch. 468, HB 436, 3, eff. 3/26/2013.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-11 - Additional payments to person not eligible under section 43-39-9

(1)
In addition to amounts otherwise authorized by this chapter, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under Section
43-39-9
, which dwelling was actually and lawfully occupied by the displaced person for not less than ninety (90) days immediately prior to the initiation of negotiations for acquisition of such dwelling, or in any case in which displacement is not a direct result of acquisition, such other event as the head of the agency shall prescribe. Such payment shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed forty-two (42) months, a comparable replacement dwelling, but not to exceed the maximum amount of relocation payments established by applicable federal regulations. At the discretion of the head of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account such person's income.
(2)
Any person eligible for a payment under subsection (1) of this section may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe and sanitary replacement dwelling. Any such person may, at the discretion of the head of the displacing agency, be eligible under this subsection for the maximum payment allowed under subsection (1).
Codes, 1942, § 2749-75; Laws, 1972, ch. 526, § 5; Laws, 1980, ch. 468, § 2; Laws, 1989, ch. 421, § 4; Laws, 1996, ch. 445, § 5, eff. 3/29/1996.
Amended by Laws, 2013, ch. 468, HB 436, 4, eff. 3/26/2013.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-12 - Illegal aliens ineligible to receive relocation assistance; exception for extremely unusual hardship; adoption of rules and regulations

(1)
Except as provided in subsection (2) of this section, a displaced person shall not be eligible to receive relocation payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States.
(2)
If a displacing agency determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under subsection (1) of this section would result in exceptional and extremely unusual hardship to an individual who is the displaced person's spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the displacing agency shall provide relocation payments and other assistance to the displaced person under this chapter if the displaced person would be eligible for the assistance but for subsection (1) of this section.
(3)
The Mississippi Transportation Commission shall adopt such rules and regulations as may be necessary to carry out the provisions of this section and in order to comply with federal law.
Laws, 2000, ch. 448, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-15 - Agency to assure availability of suitable dwellings for displaced persons

Whenever the acquisition of real property for a program or project will result in the displacement of any person on or after July 1, 1972, the displacing agency shall assure that within a reasonable period of time prior to displacement, there will be available comparable, decent, safe and sanitary replacement housing which is within the financial means of such displaced persons. Regulations issued pursuant to Section
43-39-17
may prescribe situations when these assurances may be waived.
Codes, 1942, § 2749-77; Laws, 1972, ch. 526, § 7; Laws, 1989, ch. 421, § 6, eff. 3/20/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-16 - Agency to provide replacement dwellings if none available; persons not required to move if replacement dwellings unavailable

(1)
If a program or project undertaken by an agency with public financial assistance cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under Sections
43-39-9
and
43-39-11
, on a case-by-case basis for good cause as determined in accordance with such regulations as the head of the agency issues.
(2)
No person shall be required to move from his dwelling on account of any program or project undertaken by a displacing agency with public financial assistance unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person.
Laws, 1989, ch. 421, § 7; Laws, 1996, ch. 445, § 7, eff. 3/29/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-17 - Duties and responsibilities of head of lead agency; rules and regulations

(1)
The head of the lead agency shall:
(a)
Develop and issue such regulations as may be necessary to carry out the provisions of this chapter;
(b)
Ensure that relocation assistance activities under this chapter are coordinated with low-income housing assistance programs or projects by a state agency with federal financial assistance;
(c)
Monitor, in coordination with other state agencies, the implementation and enforcement of this chapter; and
(d)
Perform such other duties as may be necessary to carry out the provisions of this chapter.
(2)
The head of the lead agency shall adopt rules and regulations and establish such procedures as he may determine as necessary to assure that:
(a)
The payments and assistance authorized by this chapter shall be administered in a manner which is fair and reasonable, and as uniform as practicable;
(b)
A displaced person who makes proper application for a payment authorized for such person by this chapter shall be paid promptly after a move or, in hardship cases, be paid in advance; and
(c)
Any person aggrieved may have his application reviewed by the state agency having authority over such program or project.
Codes, 1942, § 2749-78; Laws, 1972, ch. 526, § 8; Laws, 1989, ch. 421, § 8, eff. 3/20/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-19 - Agencies may contract for service or work through federal or local organizations

In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the agency may enter into contracts with any individual, firm, association or corporation for services in connection with those programs, or may carry out its functions under this chapter through any federal agency or any department or instrumentality of the state or its political subdivisions having an established organization for conducting relocation assistance programs.
Codes, 1942, § 2749-79; Laws, 1972, ch. 526, § 9, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-21 - Availability of funds

Funds appropriated or otherwise available to any agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project.
Codes, 1942, § 2749-80; Laws, 1972, ch. 526, § 10, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-23 - Relocation payments not to be considered as income or resources

Except as otherwise provided in the Federal Uniform Relocation Act, no payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state's personal income tax law, corporation tax law, or other tax law. Except for any law providing low-income housing assistance, payments shall not be considered as income or resources of any recipient of public assistance and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
Codes, 1942, § 2749-81; Laws, 1972, ch. 526, § 11; Laws, 1989, ch. 421, § 9, eff. 3/20/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-25 - Appeal from determination as to eligibility

Any person or business concern aggrieved by the determination of a displacing agency concerning eligibility for relocation payments authorized by this chapter shall have the right of appeal to the court that would have had jurisdiction if the cause were in eminent domain from such decision at any time within twenty (20) days after actual notice to the aggrieved party. The appeal shall be heard the same as provided by law in eminent domain causes. Nothing in this chapter shall prohibit any aggrieved party from exercising any right or remedy available to him under state law with respect to any action of a state agency in carrying out this chapter.
Codes, 1942, § 2749-82; Laws, 1972, ch. 526, § 12; Laws, 1996, ch. 445, § 8, eff. 3/29/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-27 - Payments as additives to compensation otherwise provided by law

Nothing contained in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of value or damages not in existence immediately prior to July 1, 1972, but such payments shall be considered only as additives to due compensation otherwise provided by law.
Codes, 1942, § 2749-83; Laws, 1972, ch. 526, § 13, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 39 - RELOCATION ASSISTANCE (§§ 43-39-1 — 43-39-29) › Section 43-39-29 - Action of ejectment when project in danger of being delayed; authorization; notice requirements

(1)
The displacing agency is authorized, if the program or project is in danger of being delayed, to bring a civil action seeking ejectment as relief in justice court, chancery court, circuit or county court, or special court of eminent domain where the agency is legally entitled to the possession of the property sued for and demanded.
(2)
No person previously lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or move his business or farm without at least ninety (90) days advance written notice, after initiation of negotiations for the parcel, followed by a final written thirty-day notice to vacate after the displacing agency is legally entitled to possession.
Laws, 1996, ch. 445, § 9, eff. 3/29/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 1 - FINANCIAL ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-17) › Section 43-41-1 - and 43-41-3 - [Repealed]

Repealed by Laws, 2004, ch. 405, § 14 eff. 7/1/2004.
§ 43-41-1. [Laws, 1978, ch. 331, § 1, eff. 7/1/1978.] § 43-41-3. [Laws, 1978, ch. 331, § 2; Laws, 1980, ch. 491, § 27; Laws, 1989, ch. 474, § 1, eff. 7/1/1989.]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 1 - FINANCIAL ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-17) › Section 43-41-5 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 335, eff. 7/1/1984.
Laws, 1978, ch. 331, § 3; Laws, 1980, ch. 491, § 28.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 1 - FINANCIAL ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-17) › Section 43-41-7 - through 43-41-15 - [Repealed]

Repealed by Laws, 2004, ch. 405, § 14 eff. 7/1/2004.
§ 43-41-7. [Laws, 1978, ch. 331, § 4; Laws, 1980, ch. 491, § 29; Laws, 1989, ch. 474, § 2, eff. 7/1/1989.] § 43-41-9. [Laws, 1978, ch. 331, § 5(1); Laws, 1980, ch. 491, § 30, eff. 5/9/1980.] § 43-41-11. [Laws, 1978, ch. 331, § 5(2); Laws, 1980, ch. 491, § 31; Laws, 1989, ch. 474, § 3, eff. 7/1/1989.] § 43-41-13. [Laws, 1978, ch. 331, § 5(3); Laws, 1989, ch. 474, § 4; Laws, 2000, ch. 413, § 4; Laws, 2001, ch. 341, § 4, eff. 3/11/2001.] § 43-41-15. [Laws, 1978, ch. 331, § 5(4); Laws, 1989, ch. 474, § 5, eff. 7/1/1989.]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 1 - FINANCIAL ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-17) › Section 43-41-17 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 335, eff. 7/1/1984.
Laws, 1978, ch. 331, § 6.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 3 - TEMPORARY HOUSING [Repealed] (§ 43-41-301) › Section 43-41-301 - through 43-41-321 - [Repealed]

Repealed by Laws, 2004, ch. 405, § 14 eff. 7/1/2004.
Laws, 1978, ch. 330, § 1 -- 9 eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 5 - LOCAL DISASTER EMERGENCY GRANT AND LOAN FUND [Repealed] (§§ 43-41-501 — 43-41-507) › Section 43-41-501 - and 43-41-503 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 336, eff. 7/1/1984.
§ 43-41-501. [Laws, 1980, ch. 435, § 1] § 43-41-503. [Laws, 1980, ch. 435, § 2]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 5 - LOCAL DISASTER EMERGENCY GRANT AND LOAN FUND [Repealed] (§§ 43-41-501 — 43-41-507) › Section 43-41-505 - [Repealed]

Repealed by Laws, 2004, ch. 405, § 14 eff. 7/1/2004.
Laws, 1980, ch. 435, § 3; Laws, 1984, ch. 488, § 210; Laws, 1989, ch. 532, § 65, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 5 - LOCAL DISASTER EMERGENCY GRANT AND LOAN FUND [Repealed] (§§ 43-41-501 — 43-41-507) › Section 43-41-507 - through 43-41-515 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 336, eff. 7/1/1984.
§ 43-41-507. [Laws, 1980, ch. 435, § 4] § 43-41-509. [Laws, 1980, ch. 435, § 5] § 43-41-511. [Laws, 1980, ch. 435, § 6] § 43-41-513. [Laws, 1980, ch. 435, § 7] § 43-41-515. [Laws, 1980, ch. 435, § 8]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 41 - EMERGENCY AND DISASTER ASSISTANCE [Repealed] (§§ 43-41-1 — 43-41-701) › Article 7 - FINANCIAL ASSISTANCE TO STATE AGENCIES [Repealed] (§ 43-41-701) › Section 43-41-701 - through 43-41-721 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 337, eff. 7/1/1984.
§ 43-41-701. [Laws, 1980, ch. 447, § 1] § 43-41-703. [Laws, 1980, ch. 447, § 2] § 43-41-705. [Laws, 1980, ch. 447, § 3] § 43-41-707. [Laws, 1980, ch. 447, § 4] § 43-41-709. [Laws, 1980, ch. 447, § 5] § 43-41-711. [Laws, 1980, ch. 447, § 6] § 43-41-713. [Laws, 1980, ch. 447, § 7] § 43-41-715. [Laws, 1980, ch. 447, § 8] § 43-41-717. [Laws, 1980, ch. 447, § 9] § 43-41-719. [Laws, 1980, ch. 447, § 10] § 43-41-721. [Laws, 1980, ch. 447, § 11]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 43 - ADMINISTRATION OF SOCIAL SECURITY FUNDS (§§ 43-43-1 — 43-43-9) › Section 43-43-1 - Legislative intent

It is the intent of the Mississippi Legislature to strengthen legislative oversight over the administration of federal funds provided under Title XX of the Social Security Act of 1935, as amended, originally enacted as Public Law 93-647.
Laws, 1979, ch. 505, § 1, eff. 1/1/1980.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 43 - ADMINISTRATION OF SOCIAL SECURITY FUNDS (§§ 43-43-1 — 43-43-9) › Section 43-43-3 - Appropriations of Title XX monies

No state agency shall make expenditures of any federal Title XX monies, unless such expenditures are made pursuant to specific appropriations by the Legislature. In appropriating expenditures for social services as provided under Title XX, the Legislature shall specify the maximum amounts of funds to be expended by source of funds. To the extent not precluded by the terms and conditions under which financial aid is made available by the federal government, the Legislature may establish priorities for the activity being assisted and shall specify the major categories of services to be provided and the maximum amount to be expended in each category.
Laws, 1979, ch. 505, § 2, eff. 1/1/1980.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 43 - ADMINISTRATION OF SOCIAL SECURITY FUNDS (§§ 43-43-1 — 43-43-9) › Section 43-43-5 - Purchase of service contracts; advance of portion of cost of services

All purchase of service contracts between the Department of Human Services or the Department of Child Protection Services and individuals, associations or corporations other than state agencies shall be for the reimbursement of actual costs incurred in providing services. However, the Department of Human Services or the Department of Child Protection Services, in accordance with policy established by either department, may advance one-twelfth (1/12) of the total estimated cost for providing services under the twelve-month contractual agreement, upon written request of a contractor, to give the contractor a better cash flow. Any funds so advanced shall be withheld from the contract reimbursement payments and in no case shall the final reimbursement payment to the contractor exceed the actual cost incurred in providing services. Any contractor receiving such advance payments shall be strictly liable to ensure that same is adjusted to actual cost, including repayment of excess cash advances if necessary, prior to the final closeout of the purchase of service contract.
Laws, 1979, ch. 505, § 3; Laws, 1988, ch. 382, eff. 7/1/1988.
Amended by Laws, 2023, ch. 516, HB 1149,§ 73, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 43 - ADMINISTRATION OF SOCIAL SECURITY FUNDS (§§ 43-43-1 — 43-43-9) › Section 43-43-7 - Purchase of service budget request; contents

The State Department of Public Welfare in its purchase of service budget request shall accurately reflect the comprehensive annual services program required under Section 2004 of Title XX. In submitting its annual budget recommendations to the Legislature, the legislative budget office shall include all federal Title XX monies received or anticipated by agencies as a part of the budget request in order to indicate for each budget category the amount of state monies requested, the amount of federal monies anticipated or due, the amount of other nonstate monies requested or anticipated and the total anticipated expenditure from all sources for each respective category. A similar breakdown of funding sources shall be shown for current and preceding fiscal periods. All Title XX purchase of service contracts shall be subject to such auditing procedures by the state department of audit as are applicable to all state agencies. Upon the direction of the Legislative Budget Office, additional evaluation of the Title XX system may be performed by an independent group with expertise in cost analysis and the evaluation of human service programs.
Laws, 1979, ch. 505, § 4; Laws, 1984, ch. 488, § 211, eff. 7/1/1984.