Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-7 - Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
(a)
"Act" shall mean the Mississippi Agricultural and Forestry Activity Act.
(b)
"Forest or agricultural land" means any land in the state devoted to the growing of trees or the commercial production of agricultural products or timber, wood or forest products including nongame species where the land is classified by the county as forest, agricultural or open land and being used as forest or agricultural land in the performance of forestry or agricultural activities.
(c)
"Forestry activities" means any activity on forest land associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.
(d)
"Agricultural activities" means any activities included under Section
27-35-50(4)
as agricultural purposes.
(e)
"Inverse condemnation" means any action by the State of Mississippi that prohibits or severely limits the right of an owner to conduct forestry or agricultural activities on forest or agricultural land. Inverse condemnation shall not include an action by the state that is:
(i)
A taking as defined in paragraph (l) of this section;
(ii)
A result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety; or
(iii)
An order issued as a result of a violation of state law; or
(iv)
An action as prescribed by the Mississippi Commission on Wildlife, Fisheries and Parks as set forth in Sections
49-7-1
through
49-7-257
or concerning the closing or shortening of open seasons as set forth in Section
49-1-29(a)
.
(f)
"Noxious in fact" means an activity that constitutes a public nuisance under common law.
(g)
"Owner" means the holder of legal or equitable title to:
(i)
Forest or agricultural land or timber, wood or forest products, including the management of nongame species thereon; or
(ii)
Personal property rights associated with conducting forestry or agricultural activities on forest or agricultural land.
(h)
"Prohibits or severely limits" means to reduce the fair market value of forest or agricultural land (or any part or parcel thereof) or timber, wood or forest products including nongame species (or any part or parcel thereof) or personal property rights associated with conducting forestry or agricultural activities on the forest or agricultural land by more than forty percent (40%) of their value before the action.
(i)
"Public health and safety" means actions by the State of Mississippi based upon its police powers. Public health and safety actions prohibiting or severely restricting forestry or agricultural activities shall be:
(i)
Taken only in response to real and substantial threats to public health and safety;
(ii)
Designated to significantly advance the health and safety purpose; and
(iii)
No greater than necessary to achieve the health and safety purpose.
(j)
"State of Mississippi" or "state" means the State of Mississippi, any county, municipality or any political subdivision thereof.
(k)
"State law" means any statute, rule, regulation, ordinance, resolution or similar action by the State of Mississippi validly existing and as interpreted on October 1, 1994. State law shall not include:
(i)
Any judicial or executive interpretation of a state law after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities that were not prohibited or severely limited before October 1, 1994; or
(ii)
Any legislative amendment, interpretation or enactment by the state after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities (except such actions that are the result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety).
(l)
"Taking" means any action by the State of Mississippi under the Fifth Amendment to the United States Constitution, the Fourteenth Amendment to the United States Constitution, or Article III, Section 17 of the Mississippi Constitution where the owner is entitled to compensation for the fair market value of the owner's property or some part thereof (or required to forfeit the property in accordance with state forfeiture laws). Taking shall include the formal exercise of the power of eminent domain, the seizure or forfeiture of property for violations of law or as evidence in criminal proceedings or the issuance of orders authorized by statute or issued by a state agency or court of law for violations of state law. Taking shall not include the repealing of any state action that lessens interference with the conduct of forestry or agricultural activities.
(m)
"Personal property" means any interest acquired by deed, lease, contract or agreement in standing or severed timber, wood or forest products.
Laws, 1994, ch. 647, § 6; reenacted and amended, Laws, 1995, ch. 379, § 4, eff. 7/1/1995.