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§ 55-7-21. Leasing and sale of lands and interests acquired by commission

MS Code § 55-7-21 (2019) (N/A)
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(1) The park and bridge commission shall have power to lease or sell to private persons or corporations, real estate or any interest therein, acquired by said commission, whether improved or unimproved, and including reclaimed or filled-in lands, whenever it shall find such real estate or interest therein is or has become unnecessary for park or recreational purposes for the benefit of the public, or for other public use, and in the event of sale, to convey to the grantee, fee simple title to such real estate. Prior to the leasing or conveyance of any such real estate, the commission shall, by resolution spread upon its minutes, find, determine and adjudicate that the property, to be so leased or sold and conveyed, is, or has become unnecessary for park and recreational purposes for the benefit of the public, or other public use. Such findings, determination and adjudication shall be final and conclusive and shall not thereafter be questioned in any court. However, lands acquired by eminent domain under the provisions of this chapter may not be sold, and may not be leased except for public purposes and continuing public uses, and when such lands cease to be used for public purposes, the title to same shall revert to the former owners, or their successors or assigns.

(2) The bridge and park commission shall have power to sell or lease to private persons, or corporations, real estate other than the submerged lands reclaimed by it, whether improved or unimproved, whenever it shall find such real estate is or has become unnecessary for park, recreational or harbor development purposes for the benefit of the public, and to convey to the grantee the fee simple title to such real estate. Said commission shall have the power to lease the submerged lands reclaimed by it for a period not exceeding ninety-nine (99) years upon such terms and provisions and for such consideration as it may determine. After any of such lands have been developed, if the commission finds, by resolution spread on its minutes, that it is impractical to lease the same and that it is more advantageous to the public interest to sell such lands, the commission shall have the power to sell the same in fee simple. Prior to the conveyance or lease of any such real estate, the commission shall, by resolution spread upon its minutes, find, determine and adjudicate that the property so to be conveyed or leased is or has become unnecessary for park, recreational or harbor development purposes for the benefit of the public.

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