Mississippi Advisory Opinions December 18, 1986: AGO 000007687 (December 18, 1986)

AGO 000007687.

Dear Mrs. Slaughter-Harvey:

I refer to your letter of September 12, 1986 regarding an opinion from this office about compensation for easements by local governments. Attorney General Edwin Lloyd Pittman has assigned your letter to me for reply.

Your question is stated as follows:

"We have received your request for an easement from the attorney for the Waveland Regional Wastewater Management District (See correspondence and easement enclosed) over Coastal Wetlands in Hancock County.

"We need your assistance in determining if we should require payment for the easement since the Waveland Regional Wastewater Management District is a part of Waveland municipality, a local government."

The statute concerning leasing or renting of surface and submerged lands is Section 29-1-107 of the Mississippi Code (Supplement 1986) which states in part in Section 2 that:

"The Secretary of State . . . may rent or lease surface lands or submerged lands owned or controlled by the State of Mississippi lying in or adjacent to the Mississippi Sound or Gulf of Mexico or streams emptying therein, for a period not exceeding thirty (30) years for rental payable to the State annually, which said lease or rental agreement may provide for cancellation of such by the State at its option . . . " .

This statute further sets out that the rent should be adjusted every five years according to the consumer price index or by appraisal.

A water management district has the right to acquire an easement or right-of-way under Section 51-7-33 of the Mississippi Code (Supplement 1986) which gives the Commissioner of the water management districts the right to acquire permanent easements, but compensation for the easements must be paid. There is an alternative method set forth for acquiring land in Section 51-29-39 of the Mississippi Code of 1972 which gives the landowner the right to file an objection with the court to the amount of compensation which is offered for the easement.

It is in the best interest of the State to try to obtain a fair price for its property, including easements to local governmental agencies.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY:

Kathy D. Sones Special Assistant Attorney General

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