MCA Chapter 1

in effect

Miss. Code Ann. § 65-1-1 Definitions.

When used in this chapter and for the purposes of Sections 65-1-1 through 65-1-21, the following words shall have the meanings ascribed herein unless the context otherwise requires: “Department” means the Mississippi Department of Transportation. Whenever the term “Mississippi State Highway Department,” or the word “department” meaning the Mississippi State Highway Department, appears in the laws of the State of Mississippi, it shall mean the “Mississippi Department of Transportation.” “Office” means an administrative subdivision of the department. “Bureau” means an administrative subdivision of an office. “Commission” means the Mississippi Transportation Commission. Whenever the term “Mississippi State Highway Commission,” or the word “commission” meaning the Mississippi State Highway Commission, appears in the laws of the State of Mississippi, it shall mean the Mississippi Transportation Commission. “Executive Director” means the chief administrative officer of the department. Whenever the term “director,” meaning the Chief Administrative Officer of the State Highway Department, appears in the laws of the State of Mississippi, it shall mean the Executive Director of the Mississippi Department of Transportation. “Director” means the chief officer of an office. “Administrator” means the chief officer of a bureau. “Highway” or “road” includes rights-of-way, bridge and drainage structures, signs, guardrails and other structures made in connection with such highway or road. “Construction” includes reconstruction. “Maintenance” means the constant maintenance and repair to preserve a smooth surfaced highway. “Pave” means to construct with a surface of either high-type or intermediate-type pavement.

Miss. Code Ann. § 65-1-2 Mississippi Department of Transportation.

There is hereby created the Mississippi Department of Transportation, which shall include the following offices: Office of Administrative Services. Office of Highways. Office of State Aid Road Construction. Office of Intermodal Planning. Office of Enforcement. Each office shall be composed of such bureaus as deemed necessary by the executive director of the department. The department is designated as the single state agency to receive and expend any funds made available by the United States Department of Transportation or any agency of the federal government for transportation purposes and to cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation. This subsection shall not apply to motor carrier safety assistance program funds made available by the federal government to the Public Service Commission. The powers, duties and responsibilities of the State Highway Department with respect to the construction and maintenance of the state highway system are transferred to the Mississippi Department of Transportation. The powers, duties and responsibilities of the Department of Economic and Community Development with respect to aeronautics are transferred to the Mississippi Department of Transportation. The powers, duties and responsibilities of the State Tax Commission with respect to the weighing of motor vehicles along the highways of this state at inspection stations and by means of portable scales are transferred to the Mississippi Department of Transportation. The powers, duties and responsibilities of the Department of Economic and Community Development with respect to transportation matters, except with respect to ports, are transferred to the Mississippi Department of Transportation. The powers, duties and responsibilities of the State Aid Engineer and the Office of State Aid Road Construction are transferred to the Mississippi Department of Transportation. All powers, duties and responsibilities of the Public Service Commission with regard to railroads, except rate-making authority, are transferred to the Mississippi Department of Transportation. The Mississippi Transportation Commission may perform any act and issue any rule, regulation or order which the commission is permitted to do by the Federal Railroad Safety Act of 1970 (45 USCS et seq.). A copy of any new rule, regulation or order passed by the Mississippi Transportation Commission shall be furnished to members of the Transportation Committees of the Mississippi House of Representatives and the Mississippi Senate. Individuals, corporations or companies affected by the order, rule or regulation shall be notified in accordance with the Mississippi Administrative Procedures Law. All records, personnel, property and unexpended balances of appropriations, allocation or other funds of all those agencies, boards, commissions, departments, offices, bureaus and divisions that are transferred by Chapter 496, Laws, 1992, shall be transferred to the Mississippi Department of Transportation. The transfer of segregated or special funds shall be made in such a manner that the relation between program and revenue source as provided by law shall be retained. From and after January 1, 1993, and until January 1, 1994, the Mississippi Department of Transportation and the Mississippi Transportation Commission shall be exempt from State Personnel Board procedures for the purpose of the employment, promotion, realignment, demotion, reprimand, suspension, termination, reallocation, reassignment, transfer, moving or relocation of personnel of all those agencies, boards, commissions, departments, offices, bureaus and divisions whose duties and responsibilities are transferred by Chapter 496, Laws, 1992, to the Mississippi Department of Transportation.

Miss. Code Ann. § 65-1-3 Mississippi Transportation Commission.

There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court Districts of the state. Only qualified electors who are citizens of the Supreme Court District in which he or she seeks election for five (5) years immediately preceding the day of the election shall be eligible for such office; however, the five-year citizen requirement shall apply to elections held from and after January 1, 2020. On Tuesday after the first Monday in November of the year 1951, and every four (4) years thereafter, State Highway Commissioners shall be elected at the same time and in the same manner as the Governor is chosen; and the laws governing primary elections and the holding of general elections in this state shall apply to and govern the nomination and election of State Highway Commissioners. The State Highway Commissioners so elected shall enter upon the discharge of the duties of their respective offices on the first Monday of January in the year next succeeding the date of their election, and they shall serve for a term of four (4) years and until their successors shall have been duly elected and qualified. If any one or more of the State Highway Commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court District in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a State Highway Commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable. Each of said State Highway Commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation. From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi Transportation Commissioners.

Miss. Code Ann. § 65-1-5 Organization and meetings.

When the transportation commissioners enter upon the duties of their office, the Transportation Commission shall meet and organize by the election of one (1) of its members to serve as chairman of the commission for the four-year term for which the commissioner shall have been elected. The commission, a majority of which shall constitute a quorum, shall meet in regular session on the second Tuesday of each month at the office of the commission in Jackson, Mississippi; however, the commission may meet in regular session not more than three (3) times each year at such other location as may be set by the commission. At such regular sessions the commission may hear, continue and determine any and all matters coming before it. The commission may hold special sessions at the call of the executive director or the chairman at such times and places in this state as either of them may deem necessary. At such special sessions it may hear, continue, consider and determine any and all matters coming before it, provided that at least five (5) days’ notice of such meetings shall be given to all the members of the commission beforehand. A special session may be called at any time without the foregoing notice, or any notice, if by and with the unanimous consent of all the members of the commission, but such unanimous consent shall be spread at large on the minutes of the commission. If any session is held at a location other than at the commission’s office in Jackson, Mississippi, the commission shall make provisions to allow public participation in the meeting by appearing at the Jackson office. The Mississippi Transportation Commission shall act as a legal entity, and shall only speak through its minutes, and in all matters shall act as a unit. Any action on the part of any member of the commission separately shall not bind the commission as a unit, but such individual member only shall be liable personally on his official bond. The Mississippi Transportation Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any court of justice having jurisdiction of the subject matter of any such suit.In any suit against the Mississippi Transportation Commission service of process shall be had by serving the secretary of the commission with such process; and a copy of the declaration, petition or bill of complaint, or other initial pleading shall be handed the secretary along with the process.

Miss. Code Ann. § 65-1-7 Compensation of the commissioners.

The three (3) commissioners chosen as herein provided, and their successors, shall each receive as compensation for their services salaries fixed by the Legislature, and in addition shall be allowed all of their actual and necessary traveling and other expenses incurred in the performance of their respective official duties.

Miss. Code Ann. § 65-1-8 Authority and powers of the commission.

The Mississippi Transportation Commission shall have the following general powers, duties and responsibilities: To coordinate and develop a comprehensive, balanced transportation policy for the State of Mississippi; To promote the coordinated and efficient use of all available and future modes of transportation; To make recommendations to the Legislature regarding alterations or modifications in any existing transportation policies; To study means of encouraging travel and transportation of goods by the combination of motor vehicle and other modes of transportation; To take such actions as are necessary and proper to discharge its duties pursuant to the provisions of Chapter 496, Laws of 1992, and any other provision of law; To receive and provide for the expenditure of any funds made available to it by the Legislature, the federal government or any other source. In addition to the general powers, duties and responsibilities listed in subsection (1) of this section, the Mississippi Transportation Commission shall have the following specific powers: To make rules and regulations whereby the Transportation Department shall change or relocate any and all highways herein or hereafter fixed as constituting a part of the state highway system, as may be deemed necessary or economical in the construction or maintenance thereof; to acquire by gift, purchase, condemnation or otherwise, land or other property whatsoever that may be necessary for a state highway system as herein provided, with full consideration to be given to the stimulation of local public and private investment when acquiring such property in the vicinity of Mississippi towns, cities and population centers; To enforce by mandamus, or other proper legal remedies, all legal rights or rights of action of the Mississippi Transportation Commission with other public bodies, corporations or persons; To make and publish rules, regulations and ordinances for the control of and the policing of the traffic on the state highways, and to prevent their abuse by any or all persons, natural or artificial, by trucks, tractors, trailers or any other heavy or destructive vehicles or machines, or by any other means whatsoever, by establishing weights of loads or of vehicles, types of tires, width of tire surfaces, length and width of vehicles, with reasonable variations to meet approximate weather conditions, and all other proper police and protective regulations, and to provide ample means for the enforcement of same. The violation of any of the rules, regulations or ordinances so prescribed by the commission shall constitute a misdemeanor. No rule, regulation or ordinance shall be made that conflicts with any statute now in force or which may hereafter be enacted, or with any ordinance of municipalities. A monthly publication giving general information to the boards of supervisors, employees and the public may be issued under such rules and regulations as the commission may determine; To give suitable numbers to highways and to change the number of any highway that shall become a part of the state highway system. However, nothing herein shall authorize the number of any highway to be changed so as to conflict with any designation thereof as a U.S. numbered highway. Where, by a specific act of the Legislature, the commission has been directed to give a certain number to a highway, the commission shall not have the authority to change such number; To make proper and reasonable rules, regulations, and ordinances for the placing, erection, removal or relocation of telephone, telegraph or other poles, signboards, fences, gas, water, sewerage, oil or other pipelines, and other obstructions that may, in the opinion of the commission, contribute to the hazards upon any of the state highways, or in any way interfere with the ordinary travel upon such highways, or the construction, reconstruction or maintenance thereof, and to make reasonable rules and regulations for the proper control thereof. Any violation of such rules or regulations or noncompliance with such ordinances shall constitute a misdemeanor; Except as otherwise provided for in this paragraph, whenever the order of the commission shall require the removal of, or other changes in the location of telephone, telegraph or other poles, signboards, gas, water, sewerage, oil or other pipelines; or other similar obstructions on the right-of-way or such other places where removal is required by law, the owners thereof shall at their own expense move or change the same to conform to the order of the commission. Any violation of such rules or regulations or noncompliance with such orders shall constitute a misdemeanor; Rural water districts, rural water systems, nonprofit water associations and municipal public water systems in municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of water and sewer lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2002, shall be paid by the Department of Transportation; Municipal public sewer systems and municipal gas systems owned by municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2003, shall be paid by the Department of Transportation; To regulate and abandon grade crossings on any road fixed as a part of the state highway system, and whenever the commission, in order to avoid a grade crossing with the railroad, locates or constructs said road on one side of the railroad, the commission shall have the power to abandon and close such grade crossing, and whenever an underpass or overhead bridge is substituted for a grade crossing, the commission shall have power to abandon such grade crossing and any other crossing adjacent thereto. Included in the powers herein granted shall be the power to require the railroad at grade crossings, where any road of the state highway system crosses the same, to place signal posts with lights or other warning devices at such crossings at the expense of the railroad, and to regulate and abandon underpass or overhead bridges and, where abandoned because of the construction of a new underpass or overhead bridge, to close such old underpass or overhead bridge, or, in its discretion, to return the same to the jurisdiction of the county board of supervisors; To make proper and reasonable rules and regulations to control the cutting or opening of the road surfaces for subsurface installations; To make proper and reasonable rules and regulations for the removal from the public rights-of-way of any form of obstruction, to cooperate in improving their appearance, and to prescribe minimum clearance heights for seed conveyors, pipes, passageways or other structure of private or other ownership above the highways; To establish, and have the Transportation Department maintain and operate, and to cooperate with the state educational institutions in establishing, enlarging, maintaining and operating a laboratory or laboratories for testing materials and for other proper highway purposes; To provide, under the direction and with the approval of the Department of Finance and Administration, suitable offices, shops and barns in the City of Jackson; To establish and have enforced set-back regulations; To cooperate with proper state authorities in producing limerock for highway purposes and to purchase same at cost; To provide for the purchase of necessary equipment and vehicles and to provide for the repair and housing of same, to acquire by gift, purchase, condemnation or otherwise, land or lands and buildings in fee simple, and to authorize the Transportation Department to construct, lease or otherwise provide necessary and proper permanent district offices for the construction and maintenance divisions of the department, and for the repair and housing of the equipment and vehicles of the department; however, in each Supreme Court district only two (2) permanent district offices shall be set up, but a permanent status shall not be given to any such offices until so provided by act of the Legislature and in the meantime, all shops of the department shall be retained at their present location. As many local or subdistrict offices, shops or barns may be provided as is essential and proper to economical maintenance of the state highway system; To cooperate with the Department of Archives and History in having placed and maintained suitable historical markers, including those which have been approved and purchased by the State Historical Commission, along state highways, and to have constructed and maintained roadside driveways for convenience and safety in viewing them when necessary; To cooperate, in its discretion, with the Mississippi Department of Wildlife, Fisheries and Parks in planning and constructing roadside parks upon the right-of-way of state highways, whether constructed, under construction, or planned; said parks to utilize where practical barrow pits used in construction of state highways for use as fishing ponds. Said parks shall be named for abundant flora and fauna existing in the area or for the first flora or fauna found on the site; Unless otherwise prohibited by law, to make such contracts and execute such instruments containing such reasonable and necessary appropriate terms, provisions and conditions as in its absolute discretion it may deem necessary, proper or advisable, for the purpose of obtaining or securing financial assistance, grants or loans from the United States of America or any department or agency thereof, including contracts with several counties of the state pertaining to the expenditure of such funds; To cooperate with the Federal Highway Administration in the matter of location, construction and maintenance of the Great River Road, to expend such funds paid to the commission by the Federal Highway Administration or other federal agency, and to authorize the Transportation Department to erect suitable signs marking this highway, the cost of such signs to be paid from state highway funds other than earmarked construction funds; To cooperate, in its discretion, with the Mississippi Forestry Commission and the School of Forestry, Mississippi State University, in a forestry management program, including planting, thinning, cutting and selling, upon the right-of-way of any highway, constructed, acquired or maintained by the Transportation Department, and to sell and dispose of any and all growing timber standing, lying or being on any right-of-way acquired by the commission for highway purposes in the future; such sale or sales to be made in accordance with the sale of personal property which has become unnecessary for public use as provided for in Section 65-1-123, Mississippi Code of 1972; To expend funds in cooperation with the Division of Plant Industry, Mississippi Department of Agriculture and Commerce, the United States government or any department or agency thereof, or with any department or agency of this state, to control, suppress or eradicate serious insect pests, rodents, plant parasites and plant diseases on the state highway rights-of-way; To provide for the placement, erection and maintenance of motorist services business signs and supports within state highway rights-of-way in accordance with current state and federal laws and regulations governing the placement of traffic control devices on state highways, and to establish and collect reasonable fees from the businesses having information on such signs; To request and to accept the use of persons convicted of an offense, whether a felony or a misdemeanor, for work on any road construction, repair or other project of the Transportation Department. The commission is also authorized to request and to accept the use of persons who have not been convicted of an offense but who are required to fulfill certain court-imposed conditions pursuant to Section 41-29-150(d)(1) or 99-15-26, Mississippi Code of 1972, or the Pretrial Intervention Act, being Sections 99-15-101 through 99-15-127, Mississippi Code of 1972. The commission is authorized to enter into any agreements with the Department of Corrections, the State Parole Board, any criminal court of this state, and any other proper official regarding the working, guarding, safekeeping, clothing and subsistence of such persons performing work for the Transportation Department. Such persons shall not be deemed agents, employees or involuntary servants of the Transportation Department while performing such work or while going to and from work or other specified areas; To provide for the administration of the railroad revitalization program pursuant to Section 57-43-1 et seq.; The Mississippi Transportation Commission is further authorized, in its discretion, to expend funds for the purchase of service pins for employees of the Mississippi Transportation Department; To cooperate with the State Tax Commission by providing for weight enforcement field personnel to collect and assess taxes, fees and penalties and to perform all duties as required pursuant to Section 27-55-501 et seq., Sections 27-19-1 et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq., Mississippi Code of 1972, with regard to vehicles subject to the jurisdiction of the Office of Weight Enforcement. All collections and assessments shall be transferred daily to the State Tax Commission; The Mississippi Transportation Commission may delegate the authority to enter into a supplemental agreement to a contract previously approved by the commission if the supplemental agreement involves an additional expenditure not to exceed One Hundred Thousand Dollars ($100,000.00); The Mississippi Transportation Commission, in its discretion, may enter into agreements with any county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, for the purpose of accelerating the completion date of scheduled highway construction projects. Such an agreement may permit the cost of a highway construction project to be advanced to the commission by a county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, and repaid to such entity by the commission when highway construction funds become available; provided, however, that repayment of funds advanced to the Mississippi Transportation Commission shall be made no sooner than the commission’s identified projected revenue schedule for funding of that particular construction project, and no other scheduled highway construction project established by statute or by the commission may be delayed by an advanced funding project authorized under this paragraph (z). Repayments to a private entity that advances funds to the Mississippi Transportation Commission under this paragraph (z) may not include interest or other fees or charges, and the total amount repaid shall not exceed the total amount of funds advanced to the commission by the entity. In considering whether to enter into such an agreement, the commission shall consider the availability of financial resources, the effect of such agreement on other ongoing highway construction, the urgency of the public’s need for swift completion of the project and any other relevant factors. Such an agreement shall be executed only upon a finding by the commission, spread upon its minutes, that the acceleration of the scheduled project is both feasible and beneficial. The commission shall also spread upon its minutes its findings with regard to the factors required to be considered pursuant to subparagraph (iii) of this paragraph (z); The Mississippi Transportation Commission, in its discretion, may purchase employment practices liability insurance, and may purchase an excess policy to cover catastrophic losses incurred under the commission’s self-insured workers’ compensation program authorized under Section 71-3-5. Such policies shall be written by the agent or agents of a company or companies authorized to do business in the State of Mississippi. The deductibles shall be in an amount deemed reasonable and prudent by the commission, and the premiums thereon shall be paid from the State Highway Fund. Purchase of insurance under this paragraph shall not serve as an actual or implied waiver of sovereign immunity or of any protection afforded the commission under the Mississippi Tort Claims Act; The Mississippi Transportation Commission is further authorized, in its discretion, to expend funds for the purchase of promotional materials for safety purposes, highway beautification purposes and recruitment purposes; To lease antenna space on communication towers which it owns; To receive funds from the Southeastern Association of Transportation Officials and from other nonstate sources and expend those funds for educational scholarships in transportation related fields of study. The commission may adopt rules or regulations as necessary for the implementation of the program. A strict accounting shall be made of all funds deposited with the commission and all funds dispersed.

Miss. Code Ann. § 65-1-8.1 1. Commission may allow for erection of welcome and recognition signs adjacent to state highways within unincorporated areas of a county.

The Mississippi Transportation Commission may allow for the erection of welcome, recognition and acknowledgement signs that are adjacent to state highways within an unincorporated area of a county and maintained by public officers or elected officials of counties while carrying out an official duty or responsibility. The local jurisdiction shall be required to purchase and pay the cost of maintaining such signs which shall conform to the requirements of similar signs that are placed by incorporated areas in accordance with rules adopted by the commission and the Mississippi Department of Transportation. The erection of welcome, recognition and acknowledgment signs in areas on or adjacent to freeways or interstate highways is prohibited. The Mississippi Transportation Commission shall promulgate rules and regulations to carry out the provisions of this section.

Miss. Code Ann. § 65-1-8.2 2. Commission may allow erection of certain signs for member institutions of the Mississippi Association of Independent Colleges and Universities; institution must purchase and pay the costs of erecting and maintaining signs.

The Mississippi Transportation Commission may allow for the erection of signs for member institutions of the Mississippi Association of Independent Colleges and Universities that display the name and emblem of such institutions that are similar to signs erected for public state institutions of higher learning. The institutions for which the signs are erected shall be required to purchase and pay the cost of erecting and maintaining such signs which shall conform to the requirements of similar signs that are erected for public state institutions of higher learning. The Mississippi Transportation Commission shall promulgate rules and regulations to carry out the provisions of this section.

Miss. Code Ann. § 65-1-9 Executive Director of Department of Transportation.

The commission shall appoint an executive director of the Mississippi Department of Transportation for a term of office beginning on April 1, 1993. The person serving as Executive Director of the State Highway Department on June 30, 1992, shall serve until April 1, 1993, as the Executive Director of the Mississippi Department of Transportation, and thereafter shall be eligible for reappointment to the position of Executive Director of the Mississippi Department of Transportation. Succeeding terms shall expire on April 1 each four (4) years thereafter. The Executive Director may be removed by a majority of the commission pursuant to Section 25-9-101 et seq., Mississippi Code of 1972. All appointments by the commission shall be with the advice and consent of the Senate. The commission shall submit its appointment to the Senate not later than March 1 of the year in which a term expires, and if such submission is not made by March 1, the incumbent director shall be deemed to have been reappointed for a four-year term. In the event a vacancy occurs from resignation, death or removal from office by the commission, the commission shall submit its appointment for the unexpired term to the Senate not later than the next March 1 after such vacancy occurs. If no appointment for an unexpired term is submitted to the Senate, the Governor shall make such appointment not later than April 1 of such year. The commission shall fix the compensation of the Executive Director, subject to approval by the State Personnel Board. The Executive Director shall be eligible for reappointment. The Executive Director shall have the following qualifications: Possess a wide knowledge of the transportation system and needs of Mississippi; Possess a wide knowledge of the principles of transportation organization and administration; and Possess selected training or expertise in the field of transportation. No person who is a member of the Mississippi Transportation Commission, or who has been a member of the Transportation Commission or of its predecessor, the State Highway Commission, within two (2) years next preceding his appointment, shall be eligible to be chosen as Executive Director of the department. The executive director shall be the executive officer of the commission and shall be subject to its orders and directions. The executive director shall give his entire time to the duties of his office. Before entering upon the duties of his office, the executive director shall give bond to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), conditioned upon the faithful discharge and performance of his official duty. The principal and surety on such bond shall be liable thereunder to the state for double the amount of value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of the executive director. Such bond, when approved by the commission, shall be filed with the Secretary of State, and the premium thereon shall be paid from any funds available to the commission.

Miss. Code Ann. § 65-1-10 Powers and duties of Executive Director.

Under the authority of the Mississippi Transportation Commission, and in conformity with its orders as spread on its minutes, the executive director shall: Unless otherwise provided by law, appoint a director in charge of each operating office of the department who shall be responsible to the Executive Director for the operation of such office. Each such director shall be qualified and experienced in the functions performed by the office under his charge; Administer the policies promulgated by the commission; Supervise and direct all administrative and technical activities of the department; Organize the offices and bureaus of the department; Coordinate the activities of the various offices of the department; Fix the compensation of employees of the department and require any employee to give bond to the State of Mississippi for the faithful performance of his duties in an amount the executive director deems appropriate. Premiums on all bonds so required shall be paid out of any funds available to the department; Recommend such studies and investigations as he may deem appropriate and carry out the approved recommendations in conjunction with the various offices; Prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the department may have. Have full and general supervision over all matters relating to the construction or maintenance of the state highways, letting of contracts therefor, and the selection of materials to be used in the construction of state highways under the authority conferred by this chapter as herein set forth and the employment, promotion, demotion, reprimand, suspension, termination, reassignment, transfer, moving or relocation of all personnel not specifically authorized by statute to be employed by the commission. The executive director may authorize the payment of expenses of any personnel reassigned, transferred, moved or relocated in accordance with such rules and regulations as are promulgated by the commission; Approve all bids, sign all vouchers and requisitions, issue all orders for supplies and materials, sign all contracts and agreements in the name of the State of Mississippi, and subscribe to all other matters which may arise in the carrying out of the intent and purpose of this chapter; Receive and assume control, for the benefit of the state, of any and all highways herein or hereafter fixed as roads constituting a part of the state highway system; Provide for boulevard stops, restricted entrances to main highways and access driveways, neutral grounds, and roadside parks, erect all suitable direction and warning signs, and provide access roads in or to municipalities where necessary; provide limited access facilities when and where deemed necessary, such a facility being defined as a highway or street especially designed or designated for through traffic and over, from or to which owners or occupants of abutting land or other persons have only such limited right or easement of access as may be prescribed by the commission, and provide that certain highways or streets may be parkways from which trucks, buses and other commercial vehicles shall be excluded or may be freeways open to customary forms of highway and street traffic and use, and such limited access facilities or parkways may be planned, designated, established, regulated, vacated, altered, improved, constructed and maintained and rights-of-way therefor specifically obtained, either by purchase, gift, condemnation or other form of acquisition; Construct bridges with or without footways, and sidewalks where deemed essential to decrease hazards; Perform services for the Department of Finance and Administration on state property, including, but not limited to, engineering services, and to advance such funds to defray the cost of the expenses incurred in performing such services from out of Transportation Department funds until such department is reimbursed by the Department of Finance and Administration; Perform all duties authorized by Section 27-19-136, Mississippi Code of 1972, concerning the assessment and collection of permit fees, fines and penalties.

Miss. Code Ann. § 65-1-11 Chief Engineer and other employees.

The executive director, subject to the approval of the commission, shall employ a chief engineer who shall be a registered civil engineer, a graduate of a recognized school of engineering, and who shall have had not less than five (5) years’ actual professional experience in highway construction. The chief engineer shall also be a deputy executive director of the department with such powers and duties as may be prescribed by the commission. The chief engineer shall give bond in the sum of Fifty Thousand Dollars ($50,000.00) in some surety company authorized to do business in this state, which bond shall be conditioned upon the faithful performance and discharge of his duties. The principal and surety on such bond shall be liable thereunder to the State of Mississippi for double the amount of the value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of such engineer. The term of office of the chief engineer shall be for a period of four (4) years, unless sooner removed as hereinafter provided, and he shall be eligible for reappointment. The first term of office, however, shall extend from the date of appointment until the first Monday of January 1952.

Miss. Code Ann. § 65-1-13 Deputy executive director for administration.

The commission, upon the recommendation of the executive director, may appoint one (1) deputy executive director for administration in addition to the deputy executive director provided for in Section 65-1-11. The powers and duties of the deputy executive director for administration appointed pursuant to this subsection shall be specified by the commission and shall include, but not be limited to, the execution on behalf of the executive director of contracts approved by the commission and other documents. The appointment of such deputy executive director for administration and the powers specified by the commission must be spread upon the minutes of the commission to become effective. The commission may issue powers of attorney to individuals as may be recommended by the executive director to execute any documents on behalf of the commission and the executive director as the commission considers appropriate to facilitate the efficient implementation of its duties and responsibilities; however, a power of attorney issued under this subsection shall not authorize the execution of contracts approved by the commission. Powers of attorney issued under this subsection shall specify the limits of the authority to execute documents granted by them. The duration of such powers of attorney shall be for the term of office of the commission that issued them. Such powers of attorney may be revoked by the commission at any time.

Miss. Code Ann. § 65-1-15 Secretary of the commission.

The Mississippi Transportation Commission shall employ a secretary whose salary shall be fixed by the commission and shall require the secretary to keep the proper minute books, order books and other proper books. The secretary shall be the custodian of all books, records or other papers of the department. All of such books, records and papers shall be public records and open to inspection by the public during business hours. Each of the commissioners, the Executive Director and the secretary may make certified copies of any proceedings of the department, any of its books or papers, or extracts therefrom. Such copy shall bear the signature of the officer giving it and also the seal of the Mississippi Department of Transportation, and such copies shall be admitted in evidence equally with the originals thereof in all courts of this state. Each of the commissioners and the executive director may take and hear testimony. The seal shall be the coat of arms of the State of Mississippi, surrounded by the words “Mississippi Department of Transportation”. In the event that the original seal should be stolen, lost or misplaced, the commission shall have the power to secure a duplicate seal. The secretary shall be the custodian of the seal and shall do and perform all other things which may be properly required of him by the executive director or commission. He shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00), conditioned as required by law. Except for warrant requisitions drawn in accordance with the provisions of Section 65-1-115, Mississippi Code of 1972, all proceedings of the commission shall be entered upon the minutes of the commission in a minute book to be provided and kept for that purpose, which minutes shall be signed by the chairman or acting chairman of the respective meetings and by the secretary. The pages of the minute book shall be numbered consecutively by the bookmaker. The secretary of the commission shall be an ex officio notary public, authorized to administer oaths and take acknowledgments in the same manner and to the same extent as any other duly appointed, qualified, commissioned and acting notary public, and the seal of the Transportation Department shall be his seal as such ex officio notary public. The bond premium of the secretary shall be paid from any funds available to the commission.

Miss. Code Ann. § 65-1-17 Rental of office space in buildings not owned by the state.

In the event the department needs additional office space which cannot be provided either in state office buildings, or other state-owned buildings, the commission is hereby authorized to rent, on an annual or month-to-month basis on such terms as it may determine to be proper, such office space as may be necessary.

Miss. Code Ann. § 65-1-19 Repealed.

Repealed by Laws of 1981, ch. 464, § 19, eff from and after July 1, 1981. [Codes, 1930, § 5006; 1942, § 8038; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 14; Laws, 1949, Ex. Sess. ch. 6, § 11; Laws, 1956, ch. 313; Laws, 1958, ch. 369; Laws, 1964, ch. 452, § 1; Laws, 1972, ch 369 § 15; Laws, 1973, ch. 495, § 1; Laws, 1974, ch. 317]

Miss. Code Ann. § 65-1-20 Office of Intermodal Planning.

The Office of Intermodal Planning in the Mississippi Department of Transportation shall have the following responsibilities with respect to all ports in this state that are not state ports: Study and coordinate efforts designed to promote the development of the navigable waters in the State of Mississippi for water transportation. Encourage and coordinate the development of river and deep-sea ports and harbor facilities, both new and existing. Recommend to the proper officials recreational restrictions in critical commercial navigation areas in order to promote public safety and expedite water transportation. Intercede on behalf of and represent the State of Mississippi in matters pertaining to the application of fees, tolls or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce. Receive and use any federal, state or private funds, donations and grants made available for the development, use and expansion of water transportation resources of this state; provided that nothing herein shall be deemed to deny or prohibit any municipal, county, port authority or commission or other governmental or private agency or authority from accepting such donations and grants they are now authorized by law to receive. Assist all state agencies such as the Department of Economic and Community Development, the Department of Environmental Quality, and others on any matters pertaining to and concerning the water transportation industry. Compile and provide, where necessary, the capabilities of the Mississippi ports and harbor facilities with respect to equipment, systems or types of products handled, economic benefits, job creation, capital investments, and other pertinent data, including studies and planning for the expansion to further the development of the facilities and the water transportation industry in general. Provide, where necessary, any and all information and data, both individually and/or collectively, to the Legislature, through the Executive Director of the Mississippi Department of Transportation, for the ports and waterways industry within the state. Assist in the formation and presentation of any legislation to promote the development and growth of the waterway industry in the State of Mississippi. No provision of this section shall be construed to give any state agency control over local port commissions or authorities or change any existing laws that such port commissions or authorities presently enjoy to conduct and develop the water transportation industry, and such existing laws shall not be preempted by this section. No provision of this section shall be construed to authorize any diversion from local port commissions or authorities of fees, funds, donations, grants or monies to which such commissions or authorities are otherwise entitled.

Miss. Code Ann. § 65-1-21 District offices.

The permanent district offices for the Office of Highways of the Mississippi Department of Transportation and for the repair and housing of the equipment and vehicles of the department provided for in paragraph (m) of Section 65-1-8, Mississippi Code of 1972, shall be at the following locations: For the Northern District: At or near Batesville and at or near Tupelo. For the Central District: At or near Yazoo City and at or near Newton. For the Southern District: At or near McComb and at or near Hattiesburg. The Northern District Office at or near Tupelo is designated and shall be known as the “Roy Clark Adams District Office.” The Department of Transportation shall erect and maintain an appropriate sign or placque designating such office.

Miss. Code Ann. § 65-1-23 Testing laboratory, machine shops, etc.

The State Highway Commission is hereby authorized and empowered, in its discretion, to erect and construct upon the land hereinafter described a testing laboratory, machine shops, and other necessary buildings, and to expend for such purpose an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) out of any funds which may be available for such purpose in the state highway fund. The State Building Commission is hereby authorized, empowered, and directed to select a suitable tract of land, ten acres in area, from any state-owned lands located in or near the City of Jackson, Mississippi, and not now being used for public purposes. The laboratory shops and other buildings specified in this section shall be erected on the land so selected, which said land is hereby set aside and allocated to the State Highway Commission for the purposes herein specified.

Miss. Code Ann. § 65-1-25 Contract for maintenance of connections on highways near state boundaries.

The Mississippi Transportation Commission is hereby authorized and empowered to enter into or ratify agreements with the transportation departments of the adjoining states for the construction or maintenance, or both, of connections on any part of the interstate highway system, state designated highway system or state aid road system at or near the boundaries of the State of Mississippi, the cost of such construction and maintenance to be apportioned between the states according to the benefits to be derived by each of the states as determined by such agreements. The powers conferred by this section are supplemental to the powers of the commission now provided by law.

Miss. Code Ann. § 65-1-27 Contract for maintenance of connections between interstate and state system highways and county roads or streets.

The Mississippi Transportation Commission is hereby authorized and empowered to enter into or ratify cooperative agreements with the various counties and municipalities in any county through which any of the highways on the interstate highway system, the state designated highway system or the state aid road system may traverse for the construction or maintenance, or both, of connections between such systems and county roads or streets of the municipalities, or interconnections between such systems, the cost of the construction and maintenance of such connections to be apportioned between the Transportation Commission and the county or municipality according to the benefits to be derived by each as determined by such agreement or agreements. The powers conferred by this section are supplemental to the powers of the commission now provided by law.

Miss. Code Ann. § 65-1-29 Contract with the United States in flood control, drainage, and National Aeronautics and Space Agency projects.

The authority granted the State Highway Commission under provisions of this chapter, shall include the right to enter into agreements with the United States government, or any agency thereof, for the alteration, relocation, reconstruction, or abandonment of state highways or any portion thereof, and conveyance of whatever rights and interests the state owns in property acquired for the purposes of said statutes, or any portion or interest thereof, where the same are necessary for the construction of flood control, navigation, drainage, or National Aeronautics and Space Agency projects approved and adopted by the United States government or any agency thereof. Upon proper authorization by the State Highway Commission, the director of the State Highway Department is hereby empowered to execute a quitclaim deed selling and conveying the above rights and interests. Said deed shall be delivered to the purchaser upon the payment of the consideration agreed upon, and such consideration shall be deposited in the State Treasury to the credit of the State Highway Fund. Such agreements and conveyances shall be upon a consideration deemed reasonable by the State Highway Commission and the agency of the United States government affected, provided that no part of this section is intended to alter or change in any way the existing immunity from certain actions of the state or the United States. The consideration above shall include the expense of creating and maintaining any necessary detours, and the same shall be created and maintained as provided in the above mentioned agreement.

Miss. Code Ann. § 65-1-31 Certain roads located on levees as temporary state highways.

Whereas, the public convenience requires that certain roads located on levees or within the boundaries of flood control districts created and presently maintained by the federal government, or other governmental authorities, be taken over temporarily by the State Highway Commission, and whereas, the public purpose for which said flood control districts were established requires that such roads be limited to certain widths and restrictions in the public interest, it is the sense of the legislature that the State Highway Commission should be authorized to take over and maintain such roads as temporary state highways, subject to the restrictions imposed by the governmental authorities establishing such flood control districts. The State Highway Commission, therefore, is hereby authorized to take over and maintain as temporary state highways, for such period and under such terms and conditions as said highway commission may in its discretion prescribe, any road designated by the legislature as a state highway and located on the levee of a flood control district, and in so doing shall not be required to obtain a right of way of more than thirty feet on such type of road, may permit the use of cattle gaps and fencing thereon, and may accept from the federal authorities or other governmental unit having jurisdiction over such flood control district an easement for said road. The purpose of this section is to enable the state to take over temporarily for maintenance roads designated as state highways located on levees and with less than sixty feet right of way.

Miss. Code Ann. § 65-1-33 Publicly owned ferries.

The State Highway Commission is hereby authorized to take over, maintain, and operate, as a part of the state highway system under its jurisdiction, any ferry now owned by and operated by, for, or under the authority of any county, county district, or municipality in this state where such ferry is located upon, or is a necessary link of, any designated state highway being maintained by the commission, if such county, county district, or municipality will transfer to said commission all property, real and personal, used by it in the operation of such ferry. In event any such ferries be so taken over by the commission, no toll or fee shall be charged for the use thereof by the public, and all costs of operation and maintenance shall be paid out of the State Highway Maintenance Fund. Any county, county district, or municipality in this state now owning a ferry which the State Highway Commission may desire to take over under the provisions of this section is hereby authorized to transfer to the State Highway Commission any and all property, real and personal, used by it in the operation of such ferry, without further consideration than the acceptance of the same for public use, pursuant to an order of its governing authority. Any such property so taken over by the commission which may thereafter become unnecessary to the maintenance of traffic over the highway may be disposed of by the commission, in its discretion, and the proceeds paid into the State Highway Maintenance Fund.

Miss. Code Ann. § 65-1-35 Roads leading to reactivated air bases.

The State Highway Commission is hereby authorized and directed to take over for maintenance and construction, with its own funds, any road formerly maintained as a part of the state highway system leading to an air base, which air base is to be reactivated.

Miss. Code Ann. § 65-1-37 Driveways of certain institutions.

The Mississippi Transportation Commission is hereby authorized and empowered to have the Mississippi Department of Transportation construct, repair and maintain the driveways and streets on the grounds of the universities and colleges under the jurisdiction of the Board of Trustees of the State Institutions of Higher Learning, state, and/or county supported junior colleges, the state hospitals, and institutions under the jurisdiction of the Board of Trustees of Mental Institutions, the Board of Trustees of the Columbia Training School and the Oakley Youth Development Center, the Mississippi Schools for the Deaf and Blind, and the Mississippi Department of Wildlife, Fisheries and Parks in the manner provided herein, including bypasses to connect said driveways and streets with roads on the state highway system, and the main thoroughfare running east and west through the grounds of the Mississippi Penitentiary, provided said institutions obtain the necessary rights-of-way, said institutions being hereby authorized so to do. The Transportation Commission and the governing boards of said institutions shall enter into an agreement prior to undertaking any of the work mentioned in the first paragraph of this section, and said agreement shall be based on the Transportation Department’s furnishing equipment, equipment operators, skilled labor, supervision, and engineering services, and the governing bodies of the aforementioned institutions shall furnish material, supplies and common labor. This agreement shall further provide for reimbursement of the Mississippi Department of Transportation, in full, for the expenditures incurred in the construction, repair and maintenance of driveways and streets at the institutions hereinabove mentioned, such reimbursement to be made directly to the Mississippi Transportation Commission from the institutions. Upon the execution of an agreement as set out herein, the Mississippi Department of Transportation may provide all the necessary engineering, supervision, skilled labor, equipment, and equipment operators to perform such work.

Miss. Code Ann. § 65-1-39 Maintenance of roads on Australia Island.

The State Highway Commission is hereby authorized and empowered to take over, assume jurisdiction of, maintain, repair, and improve the public highways under the jurisdiction of the department of highways of the State of Louisiana on Australia Island, and to enter into such agreements with the department of highways of the State of Louisiana as the said State Highway Commission shall deem necessary, proper, and advisable, provided that the State Highway Commission of Mississippi is reimbursed for the expenditures incurred in the maintenance, repair, and improvement of said roads. The powers conferred by this section are supplementary to the powers of said commission now provided by law and are not intended in any wise to conflict with the same.

Miss. Code Ann. § 65-1-41 Roads serving industrial sites and port areas.

The Mississippi Department of Economic Development is hereby authorized and directed to select and designate certain links of roads or highways to connect any and all approved, acceptable and selected industrial sites that may be located at any point not now accessible to adequate highways and road facilities, and shall issue a certificate of public convenience and necessity to the effect that such designated and selected link of highway or road should be constructed in order to encourage and promote the industrial development of any port or harbor area or other industrial site, and shall immediately file such certificate of public convenience and necessity with the Director of the Mississippi State Highway Commission. However, the Mississippi Department of Economic Development shall not select and designate any such link of road or highway until such time as the department shall have satisfactory evidence that an industry desires and intends to locate on such site, and that the location of such industry and the construction of such road or highway is economically feasible. Construction of any such road shall not begin until the location and construction of such industry is assured and contracts made between the industry and the local authority. When a certificate of public convenience and necessity has been filed with the Director of the Mississippi State Highway Commission as herein required, the highway commission shall proceed to locate, survey and have constructed such link or highway or public road in such quality and standards as may be found to adequately serve such proposed industry. The Mississippi Department of Economic Development shall not select or designate any link of public road or highway more than ten (10) miles long to connect any industrial site, harbor or port facility with any existing public road or highway, nor shall such board designate or select any link or links of road in an excess of a total of two hundred (200) miles of highways or public roads. Any highway or public road selected, designated and constructed under the provisions of this section shall be constructed from the highway fund within which highway district such highway or road has been selected, designated and constructed. The provisions of this section shall not be construed to alter, change or amend any other statutes of the State of Mississippi designating highways, state-aid roads or other public roads, and any limitations placed upon the total miles of such highways, state-aid roads, or public roads shall not be affected by the provisions of this section.

Miss. Code Ann. § 65-1-43 Costs and feasibility surveys for toll highways and bridges to offshore islands.

When it is deemed feasible and advisable to promote the tourist industry of the State of Mississippi by providing more attractions as would be available in development of offshore islands, the Mississippi State Highway Commission is authorized to make costs and feasibility surveys for toll highways and bridges to offshore islands. The Mississippi Highway Commission is authorized to employ expert engineering and economic assistance for such surveys when it is deemed advisable by the commission. The State Highway Commission is limited to a maximum amount of fifty thousand dollars ($50,000.00) for the purpose of carrying out the provisions of this section. In the event that any bonds are issued as a result of the feasibility surveys authorized under the provisions of this section, the State Highway Commission shall be reimbursed for all of the expenditures authorized herein, and said expenditures shall be paid from the first proceeds of any bond issue herein.

Miss. Code Ann. § 65-1-44 Instruction course for weight and tax enforcement personnel.

Agents and employees of the Mississippi Department of Transportation who are charged with the enforcement of the weight laws and the motor vehicle privilege tax laws of this state pursuant to Sections 63-5-43 and 27-19-137, Mississippi Code of 1972, shall, as soon as practicable after being appointed enforcement personnel, and in order to continue serving as such, successfully complete a course of instruction at the Mississippi Law Enforcement Officers’ Training Academy, which course shall be established by an agreement between the Mississippi Department of Transportation and the Commissioner of Public Safety pursuant to Section 45-5-7, Mississippi Code of 1972.

Miss. Code Ann. § 65-1-45 Weight limitation on highways and bridges.

The State Highway Commission is hereby authorized and empowered to restrict or prohibit the use of any state highway or bridge or to reduce the allowable weight permitted on any state highway or bridge when, due to any special weather or other hazard, such highways or bridges have been weakened or when such highways have substandard surfacing or weak bridges due to any cause. Likewise, the board of supervisors of any county shall have the same regulatory powers as granted the highway department in this section. It shall be the duty of the State Highway Commission and the boards of supervisors of the counties to post sufficient warning on any highway or bridge restricted in any manner, so that such restriction may be understood by the operator of any vehicle. Any person who shall operate a vehicle on any highway, road, or bridge when such highway, road, or bridge is under restriction, in violation of such restriction, shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of section 63-9-11, Mississippi Code of 1972, providing for the punishment of misdemeanors.

Miss. Code Ann. § 65-1-46 Appeals Board; appeal of penalty for excess weight; judicial review.

There is created an Appeals Board of the Mississippi Transportation Commission. If any person feels aggrieved by a penalty for excess weight assessed against him by an agent or employee of the Mississippi Department of Transportation pursuant to Section 27-19-89, he may apply to the Appeals Board. The members serving on the Appeals Board on April 7, 1995, shall continue to serve until July 1, 1995. On July 1, 1995, the Appeals Board shall be reconstituted to be composed of five (5) qualified people. The initial appointments to the reconstituted board shall be made no later than June 30, 1995, for terms to begin July 1, 1995, as follows: One (1) member shall be appointed by the Governor for a term ending on June 30, 1996, one (1) member shall be appointed by the Lieutenant Governor for a term ending on June 30, 1997, one (1) member shall be appointed by the Attorney General for a term ending on June 30, 1998, one (1) member shall be appointed by the Chairman of the State Tax Commission for a term ending on June 30, 1999, and one (1) member shall be appointed by the Executive Director of the Mississippi Department of Transportation for a term ending on June 30, 2000. After the expiration of the initial terms of the members of the reconstituted board, all subsequent appointments shall be made for terms of four (4) years from the expiration date of the previous term. Any member serving on the Appeals Board before July 1, 1995, may be reappointed to the reconstituted appeals board. Appointments to the board shall be with the advice and consent of the Senate; however, the advice and consent of the Senate shall not be required for the appointment of a person to the reconstituted appeals board for a term beginning on July 1, 1995, if such person was serving as a member of the Appeals Board on June 30, 1995, and such person received the advice and consent of the Senate for that appointment. There shall be a chairman and vice chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board’s duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41. Application shall be made by petition in writing, within thirty (30) days after assessment of the penalty, for a hearing and a review of the amount of the assessment. At the hearing the Appeals Board shall try the issues presented according to the law and the facts and within guidelines set by the Transportation Commission. Upon due consideration of all the facts relating to the assessment of the penalty, the appeals board, except as otherwise provided under this section or under Section 27-19-89, may require payment of the full amount of the assessment, may reduce the amount of the assessment or may dismiss imposition of the penalty entirely. The Appeals Board shall dismiss in its entirety the imposition of any penalty imposed against the holder of a harvest permit if the permittee proves to the Appeals Board, by clear and convincing evidence, that the average load transported by the permittee during the permittee’s last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed did not exceed eighty thousand (80,000) pounds. The Appeals Board shall reduce the penalty assessed against the holder of a harvest permit to a maximum of Two Cents (2¢) per pound of overweight if the permittee proves to the Appeals Board, by clear and convincing evidence, that the average load transported by the permittee during the permittee’s last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed exceeded seventy-nine thousand nine hundred ninety-nine (79,999) pounds but did not exceed eighty-four thousand (84,000) pounds. The board shall make such orders in the matter as appear to it just and lawful and shall furnish copies thereof to the petitioner. If the Appeals Board orders the payment of the penalty, the petitioner shall pay the penalty, damages and interest, if any, within ten (10) days after the order is issued unless there is an application for appeal from the decision of the board as provided in the succeeding paragraph. Interest shall accrue on the penalty at the rate of one percent (1%) per month, or part of a month, beginning immediately after the expiration of the ten-day period. If any person feels aggrieved by the decision of the Appeals Board, he may appeal the decision to the Chancery Court of the First Judicial District of Hinds County.

Miss. Code Ann. § 65-1-47 Control of highways; eminent domain.

The State Highway Commission shall have complete authority to issue rules, regulations and orders under which the State Highway Department shall have control and supervision, with full power and authority under rules, regulations and orders issued by the commission, to locate, relocate, widen, alter, change, straighten, construct or reconstruct any and all roads on the state highway system heretofore or hereafter taken over by it for maintenance as a part of such system, and shall have full and complete authority for regulating the making of all contracts, surveys, plans, specifications and estimates for the location, laying out, widening, straightening, altering, changing, constructing, reconstructing and maintaining of and the securing of rights-of-way for any and all such highways, and to authorize the employees of the State Highway Department to enter upon private property for such purposes. The State Highway Department, under the rules, regulations and orders spread upon the minutes of the State Highway Commission, is authorized and empowered to obtain and pay for the rights-of-way of such width as it may determine to be necessary for such highway or for any alteration or change therein or relocation thereof by agreement with the owners of such lands. Rights-of-way of not less than sixty (60) feet wide shall be acquired except within the boundaries of towns and cities where unusual conditions exist, in which case the commission is authorized and empowered to have obtained and paid for such rights-of-way of such width as it may determine to be necessary. Said commission may have condemned any and all land or other property needed for such purposes or either of them; may have condemned or acquired by gift or purchase lands containing road building materials and develop and operate pits, mines or other properties for the purpose of obtaining road material; and have condemned or acquired by gift or purchase lands necessary for the safety and convenience of traffic. Said commission, in case an agreement cannot be reached with the owners of land containing road building materials or of any additional land necessary for widening any existing public highways, for laying out a new public highway, or for changing the route of an existing public highway, as provided in the foregoing part of this section, shall be authorized to have condemned any land needed for either of said purposes, as is fully set forth in this section. The proceedings to acquire such lands by a condemnation shall be in conformity with the statutes on the subject of “eminent domain,” the power of eminent domain being hereby expressly conferred upon said commission for such purposes. Such proceedings shall take precedence over all other causes not involving the public interest in all courts and shall be given preference to the end that construction and reconstruction of highways hereunder may not be unreasonably delayed. The amount of such compensation and damages, if any, awarded to the owner in such proceedings shall be paid out of the State Highway Fund. The authorities constructing such highway, under the authority as provided in this section, shall use diligence to protect growing crops and pastures and to prevent damage to any property not taken. So far as possible, all rights-of-way shall be acquired or contracted for before any construction contract work order is issued. The estate which the State Highway Commission is authorized to acquire by deed or condemnation as set forth above shall include all rights, title and interest in and to the lands or property being acquired, excepting and excluding all the oil and gas therein or thereunder and such other rights, title or interest which are expressly excepted and reserved to the property owner, his successors, heirs or assigns in the deed or condemnation petition by which the property is acquired. Any property interest acquired may be in unlimited vertical dimension. The State Highway Commission shall decide what right, title and interest are necessary for highway purposes on each particular project and may, by order on its minutes, authorize its agents to expressly except all or any others.

Miss. Code Ann. § 65-1-49 Easements for highway purposes.

The conveyance or assignment of easements for highway purposes may be made by the owner thereof to the Mississippi State Highway Commission or the board of supervisors of any county for highway purposes. All actions by any person owning any interest in the land involved in such conveyance or assignment accruing as a result thereof must be brought within three years after the date of such conveyance or assignment; provided, however, that the land involved is actually used for highway purposes or notice is posted thereon that it will be used for highway purposes within said three-year period, otherwise said period shall be six years from the date of such conveyance or assignment. The procedure provided hereby with reference to the conveyance or assignment of easements is supplemental to all rights and powers now authorized for and existing under the present law in said commission and boards, and is not intended as a limitation on same in any manner.

Miss. Code Ann. § 65-1-51 Land adjacent to highway rights of way; wetlands.

The Mississippi Transportation Commission may acquire by gift, purchase or otherwise, and may have the Mississippi Department of Transportation improve and maintain strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to the state highway rights-of-way. The commission may acquire and have the Transportation Department develop publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public. The Mississippi Transportation Commission, in its discretion, may acquire by gift, purchase or otherwise, including the exercise of eminent domain, public or privately owned wetlands and other lands suitable for creation as wetlands for the purpose of mitigating wetland losses and replacing those wetlands purchased and damaged or eliminated by development and use, on a basis not to exceed that required by the Federal Highway Administration as a condition for receiving federal aid funds, provided that some governmental agency or approved organization agrees, without compensation, to accept title to the lands acquired and maintain such lands as wetlands in perpetuity. However, the commission shall replace those coastal wetlands purchased and damaged or eliminated by development and use on the basis required by the “Coastal Wetlands Protection Law” and regulations promulgated thereunder by the Mississippi Commission on Marine Resources. The Mississippi Transportation Commission, in its discretion, may acquire by gift, purchase or otherwise, wetlands credits from an approved organization with a plan establishing a wetland mitigation bank. The commission shall, if possible, acquire credits on wetlands within the State of Mississippi before acquiring credits on wetlands located outside the State of Mississippi.

Miss. Code Ann. § 65-1-53 Repealed.

Repealed by Laws, 1995, ch. 397, § 1, eff from and after passage (approved March 15, 1995). [Codes, 1942, § 8023.5; Laws, 1948, ch. 336, §§ 1, 2]

Miss. Code Ann. § 65-1-55 Noxious weeds and plants prohibited in rights of way.

No seed can be bought or planted by the Mississippi Highway Department for right of way seeding that contain more than the maximum allowance for noxious weed seed as prescribed by the Mississippi Pure Seed Law and regulations. No sodding will be allowed that contains prohibited noxious weed plants or tubers.

Miss. Code Ann. § 65-1-57 Secondary highways.

It shall be the duty of the Highway Commission to issue rules and regulations for the State Highway Department to construct all secondary roads, when taken over for construction and maintenance, up to such standard of specifications and with such surfacing material as the Highway Commission may determine from a traffic census of the use and importance thereof as would be justified from a standpoint of economy and convenience to the traveling public. To this end the Highway Commission is authorized, in dealing with said secondary roads, to have the highway department place surfacing material on said secondary roads. All secondary roads shall be constructed and maintained with a view of being eventually hard surfaced as provided for primary roads.

Miss. Code Ann. § 65-1-59 Status of existing state highways; annual report of recommendations.

It shall be the duty of the Mississippi Transportation Commission to have the Mississippi Transportation Department carry out all contracts and agreements, including federal-aid projects and agreements under the County Highway Aid Law of 1946, being Sections 65-11-1 through 65-11-37, heretofore made or entered into with any county, subject, however, to applicable rules and regulations of the Federal Highway Administration. It shall be the duty of the Transportation Commission to continue to have the Mississippi Transportation Department maintain all state highways now under maintenance or hereafter taken over for maintenance, the purpose of this provision being to preserve the status quo of all state highways insofar as such highways have been taken over and control and jurisdiction has been assumed by the Mississippi Transportation Commission and Mississippi Transportation Department; however, except as otherwise provided in this section, if any highway or link of highway is removed from the state highway system by legislative act or by relocation or reconstruction, it shall no longer be maintained by or be under the jurisdiction of the Mississippi Transportation Commission or Mississippi Transportation Department, but shall be returned to the jurisdiction of the board of supervisors of the county or governing authorities of the municipality through which such road runs. Except as to segments of highways shorter than three (3) miles which have been or which are hereafter replaced through curve straightening or minor realignment, the Transportation Commission shall retain and have the Mississippi Transportation Department maintain as state highways all portions of U.S. highways that either before or after July 1, 1989, have been or are replaced and constructed as a part of the interstate highway system, or four-lane primary system, or which are replaced and constructed or are designated to be replaced and constructed as part of the highway system under Section 65-3-97, including portions of all such highways so replaced, or which under Section 65-3-97 are designated to be replaced, by municipal bypasses; and such highways and portions thereof shall be continued to be maintained as a part of the Mississippi state highway system until removed from such system by legislative act. All such highways and portions thereof which, by virtue of the provisions of this section, are returned on or after July 1, 1989, to the jurisdiction of the Mississippi Transportation Commission shall be maintained by the Mississippi Transportation Department only to the traffic capacities existing at the time that they are returned and any subsequent traffic capacity improvements or other improvements desired by the county or municipality within which such highway or portion thereof is located shall be performed in accordance with highway standards approved by the Transportation Commission and the expenses for making such improvements shall be paid by the county or municipality; however, all highways and portions thereof so improved by the county or municipality shall thereafter be maintained by the Mississippi Transportation Department. Before any highway or portion thereof is returned to the Transportation Commission under this section, the county or municipality having jurisdiction thereof shall remove or cause to be removed by July 1, 1991, all right-of-way encroachments along the entire length of the highway or portion thereof which are not permitted by Transportation Commission and Transportation Department policies and rules and regulations adopted pursuant to state and federal law. Any such encroachments may be allowed to remain only by permits issued by the Mississippi Transportation Department in the manner and subject to the same conditions for the issuance of permits for similar encroachments on other highways on the state highway system. If traffic counts indicate that any highway or portions thereof placed under the jurisdiction of the Transportation Commission under the provisions of this section no longer form a substantial part of the state highway system, the Transportation Commission may request the Legislature to remove such highways or portions thereof from the state highway system and return said roads for maintenance to the county or municipality in which they are located, as provided in subsection (2) of this section. The highways which the Transportation Department is required to continue to maintain by virtue of the provisions of this section shall be in addition to the total mileage limitation of eight thousand six hundred (8,600) miles provided in Section 65-3-3. The Mississippi Transportation Commission shall, no later than October 1, 1981, and October 1 each year thereafter, furnish the Transportation Committee of the House of Representatives and the Highways and Transportation Committee of the Senate a recommendation for deletion of those highways or sections of highways which should be removed from the system.

Miss. Code Ann. § 65-1-61 Paving.

It shall be the duty of the Transportation Commission to have the Transportation Department construct, reconstruct and maintain, at the cost and expense of the state, all highways under its jurisdiction up to such standards and specifications and with such surfacing material as the Transportation Commission may determine, such paving to be done for each project as rapidly as funds are made available therefor and, as nearly as practicable, immediately upon the completion of all work performed pursuant to grade, drainage and bridge contracts for the project. Such paving shall be done in the order of the relative use and importance of said highways, as may be determined by the present and future traffic censuses thereof and other criteria, taking into consideration their present and future use, convenience, public necessity, public safety, the recorded maintenance expense, and their availability as highways through the state. The type of the paving and surfacing of such highways shall be determined by the executive director, subject to the rules, regulations and orders of the commission as spread on its minutes, after a complete study of the traffic requirements based upon the present and future traffic censuses, taking into consideration the factors above set forth. However, no highways shall be constructed, reconstructed, or maintained out of any patented paving material, regardless of what kind, on which a direct royalty is paid by the commission or any contractor; and the commission shall not have included in the plans or specifications for constructing, reconstructing, or maintenance of any highway the requirements that any material used or specified shall be laid under any process patented requiring the payment of a direct royalty for use of such process or patent.

Miss. Code Ann. § 65-1-63 Paving to connect county seat with paved road.

The State Highway Commission is hereby authorized and directed to have the state highway department construct, with its own funds, into each county seat in the state of Mississippi which now has no paved access road, a paved road which will connect said county seat with an existing paved road.

Miss. Code Ann. § 65-1-65 Maintenance.

It shall be the duty of the State Highway Commission to have the State Highway Department maintain all highways which have been or which may be hereafter taken over by the State Highway Department for maintenance in such a way as to afford convenient, comfortable, and economic use thereof by the public at all times. To this end it shall be the duty of the director, subject to the rules, regulations and orders of the commission as spread on its minutes, to organize an adequate and continuous patrol for the maintenance, repair, and inspection of all of the state-maintained state highway system, so that said highways may be kept under proper maintenance and repair at all times.

Miss. Code Ann. § 65-1-67 Edges of certain highways to be trimmed in color and manner conforming to uniform national standards.

The State Highway Commission is hereby authorized, empowered, and directed to have the State Highway Department trim with edge lines, of a color and in a manner which conforms with uniform national standards relating thereto which have been adopted by the Federal Highway Administration, the edges of all state-designated hard-surfaced highways which are constructed of asphaltic material, in the interest of public safety on said highways. The commission is authorized and directed to have the highway department utilize its engineers and other highway department employees and to expend available public funds for carrying out the intent and purposes of this section. Except as necessary to accommodate reconstruction, no road or highway shall be opened for public use until the department has complied with the provisions of this section; however, the Director of the State Highway Department may permit segments of roads under contract for maintenance, construction or reconstruction to be open for public use when temporary center line markings are installed. Roadside pennant signs may be used in place of temporary center line markings in no passing lanes on seal-coated roads. All such temporary center lines or roadside pennant signs shall, as nearly as practicable, be in place before work is discontinued for the day or as soon thereafter as weather conditions permit.

Miss. Code Ann. § 65-1-69 Crossings.

Whenever any railroad and state highway or part thereof shall cross each other at the same level and, in the opinion of the State Highway Commission, such crossing is dangerous to public safety or traffic is unreasonably impeded thereby and such crossing should be removed, the State Highway Commission may order such crossing eliminated either by having the State Highway Department carry such state highway under or over the tracks of such railroad. The plans covering such proposed changes may be made either by the director of the State Highway Department, subject to the approval of the highway commission or the railroad company affected, but shall in either event be approved by both the highway commission and the railroad company before contract is awarded; but such provision shall not be used to unreasonably delay the construction of any proposed structure. When plans have been approved, such proposed work shall be advertised and contract awarded as elsewhere provided in this chapter for the advertising and awarding of contracts. Joint supervision of construction may be had by both the State Highway Department and the railroad company. The state highway commission and the railroad company shall pay equal parts of the cost of any underpass or overpass across the right-of-way of the railroad company. Such work shall be so planned and prosecuted as to allow the safe and regular operations of trains at every stage of the work. Appeals from decisions or determinations of the State Highway Commission may be made by any party affected under this section, and the procedure for such appeal shall be the same as is provided by law for appeals from decisions and determinations of the boards of supervisors.

Miss. Code Ann. § 65-1-70 Construction of protective devices at railroad crossings.

The Mississippi State Highway Department is authorized to construct protective devices or warning devices at or in the vicinity of any railroad crossing of a public highway under the jurisdiction of any county or incorporated municipality, based upon a showing of need resulting from a multidisciplinary study, whenever federal funds are available for such construction. The department is further authorized to supply, out of any available funds in the State Highway Fund, a maximum of one percent (1%) of the funds required for such construction if the county or incorporated municipality in which the construction will be performed complies with the necessary conditions for receipt of the balance of federal matching funds for such construction.

Miss. Code Ann. § 65-1-70.5 5. Imputation of liability as to protective devices at railroad crossings.

The provisions of Section 65-1-70 shall not impute any liability of any kind or nature to the Mississippi State Highway Commission, the Mississippi State Highway Department or its agents, servants or employees.

Miss. Code Ann. § 65-1-71 Detours.

The director is hereby authorized to close highways for construction purposes and in emergencies, and shall select, lay out, maintain, and keep in as good repair as possible suitable detours by the most practicable route, where same are necessary for the public convenience while any sections of said highways or roads are being improved or constructed or closed. The director shall place or cause to be placed explicit directions to the traveling public during repair of said highway or road under process of construction. As far as practical roads already laid out shall be connected with and used for such detours. The director is hereby authorized, subject to the approval of the commission, to enter into agreements, spread on the minutes of both boards, with the local road authorities of the county or counties in which construction or maintenance work is to be done, to pay all or any part of the cost of laying out or maintaining said detours. All expenses to the state of laying out and maintaining said detours shall be paid out of the state highway funds. The director is also authorized, subject to the approval of the commission, to make reasonable rules and regulations to keep highways under construction open to traffic where such action is deemed to be practical and desirable. If any county-maintained road or municipally-maintained street is used temporarily as a part of a state highway detour, it shall be the duty of the highway department, when said detour is abandoned as such, to place the same in as good condition as said road or street was when its use as a detour began.

Miss. Code Ann. § 65-1-73 Repair of city streets used as detours for United States highways.

The Mississippi State Highway Commission is authorized, in its discretion, to have the state highway department repair any paved city streets used as a detour subsequent to the year 1944 for any United States numbered highway while the same was under construction or reconstruction, provided such paved city streets were marked by the highway commission as such detour. The extent of the repairs authorized hereby shall be to place such streets in as good condition as the same were at the time their use as such detour began, and is supplemental to the authority provided by Section 65-1-71.

Miss. Code Ann. § 65-1-75 Municipalities.

The Mississippi Transportation Commission is authorized and empowered to have the Transportation Department locate, construct, reconstruct and maintain any designated state highway under its jurisdiction to, through, across or around any municipality in the state, regardless of the width of the street between curbs; and in so locating it is fully empowered to follow the route of the existing street or to depart therefrom, as in its discretion it deems advisable, and to obtain and pay for the necessary rights-of-way, as provided in Section 65-1-47. The municipality in which such construction is to be undertaken is likewise authorized to acquire rights-of-way on any such streets or on any newly located routes, either by purchase, gift or condemnation. Such rights-of-way may be acquired by either the municipality or the Transportation Department, subject to the approval of the commission, and the cost thereof may be borne by either or both as may be mutually agreed upon. In any event such municipality may be required to save the commission and department harmless from any claims for damages arising from the construction of the highway through such municipality, including claims for rights-of-way, change of grade line, interference with public structures, and any and all damages so arising. Municipalities may secure additional improvements by payment of the additional cost of same. The commission may require such municipality to cause to be laid all water, sewer, gas or other pipelines or conduits, together with all necessary house or lot connections or services, to the curb line of such road or street to be constructed, and the commission is authorized to refuse to have the department lay such pipelines or conduits beneath such roads or streets until the municipality has laid same or entered into an agreement to reimburse the commission or department for the expense thereby incurred. All construction of state highways in or through municipalities, where done at the cost and expense of the state, whether heretofore or hereafter, shall be maintained in the same manner and to the same extent as is construction on state highways outside the limits of municipalities to the end that investment of the state in such highway so constructed may be preserved and maintained; and all reasonable rules and regulations with reference to the preservation and maintenance of such highways constructed at state expense, whether within or without municipal limits, may be promulgated by the commission, except that it shall have no power to promulgate police regulations contrary to existing law. On any municipal streets or parts or sections thereof taken over for regular maintenance and maintained by the department as a part of the state highway system, the municipality shall not be liable for negligence occasioned by the maintenance or repair of such streets thus apportioned to and of such width as is maintained by the department. The municipality shall have full control and responsibility beyond the curb lines of any designated highway or street, whether heretofore or hereafter so designated, (except the interstate system) located within its present or future expanded municipal corporate limits, regardless of the ownership of the right-of-way, including but not limited to, the construction and maintenance of sidewalks, grass mowing and drainage systems; however, the department may utilize the right-of-way purchased by the commission without any additional cost or permission. The municipality shall not allow any encroachments, signs or billboards to be erected or to remain on state-owned rights-of-way on any designated highway within its corporate limits without the consent of the commission. The municipality, at its own expense, shall provide street illumination and shall clean all streets, including storm sewer inlets and catch basins. The commission may enter into an agreement with the municipality or with a private entity to sweep and clean the designated highways within or without the corporate limits. The commission may, at state expense, provide illumination and may clean all interstate highways within the corporate limits of any municipality. The right of the municipality to grant franchises over, beneath and upon such streets is specifically retained, but the municipality shall require every grantee of a franchise to restore, repair and replace to its original condition any portion of any such street damaged or injured by it; however, permission to open the surface of any municipal street maintained by the department must be obtained from both the commission and the municipality concerned before any such opening is made. Each municipality shall retain full police power over its streets, particularly as to regulating and enforcing traffic and parking restrictions on such streets, but any traffic control and parking regulations repugnant to state law shall be null and void. The commission shall have the department erect, control and maintain all highway route markers and directional signs on such streets at state expense. The commission, at state expense, shall have the department install, operate, maintain, control, and have full jurisdiction over, all traffic control devices, including, but not limited to, signals, signs, striping and lane markings on state highway streets in municipalities having a population of twenty thousand (20,000) or less according to the current U.S. census; but municipalities over twenty thousand (20,000) population according to such census shall install, operate, maintain and control such devices at their own expense, subject to approval of the executive director regarding operations, method of installation and type only. Municipalities having a population of five thousand (5,000) or more but less than twenty thousand (20,000) according to the most recent federal census shall only be responsible for electrical operating costs; and all other costs for the installation, operation and maintenance of traffic control devices, including the changing of signal bulbs in traffic signal lights, shall be the responsibility of the Transportation Department. The commission may purchase at state expense and install traffic control devices in municipalities over twenty thousand (20,000) population and donate them to the municipalities for operation and maintenance whenever it appears to the commission that, in the interest of safety or convenience of the motoring public, any of the devices should be upgraded, replaced or removed. Any revenue from parking meters on any such streets shall be controlled by and belong to the municipality. The maintenance of all streets within the limits of any municipality in this state, regardless of size, which are presently being regularly maintained, in whole or in part, by the department at state expense as a part or parts of any designated state highway shall be continued. Whenever any state highway runs into or through the corporate limits of any municipality, the municipal street or the street utilized and marked as a part of any such state highway may be a part of the state highway system and may be maintained by the department; however, such route through any municipality shall be selected by the commission by orders spread on its minutes describing all such routes, and such route or routes may be changed, relocated or abandoned by the commission from time to time, all under the provisions, terms and conditions herein provided, but the commission shall have the department maintain only one (1) route of any highway through a municipality. Upon relocation of such state highway or abandonment thereof, the municipal street formerly used as a state highway shall thereby return to the jurisdiction of, and maintenance by, the municipality.

Miss. Code Ann. § 65-1-77 Agreements for highway and street projects forming part of overall plan encompassed by Title 23, United States Code.

The State Highway Commission and the counties and municipalities of the state are hereby authorized to enter into agreements for highway and street projects which are a part of an overall plan to be administered under the provisions of Title 23, United States Code. Such agreements may provide for traffic engineering assistance to the local governments for the development by the State Highway Department of records systems for local roads and streets. The counties and municipalities of the state are authorized to deposit with the State Highway Department the federal aid matching requirement for the project from any available fund. The county and/or municipal share and the federal share will be handled in the manner provided therefor in Section 65-9-17. The county will be required to fulfill its obligation for maintenance of any project constructed under this authorization in the same manner required of or for any state aid road. It shall be the duty of the municipal officials of any incorporated city entering into this agreement to properly maintain and operate any completed project or improvement on the municipal street system. It shall be the duty of the chief engineer of the State Highway Department and his assistants to make at least annual maintenance inspections of completed projects and such other periodic inspections as he shall deem necessary. If essential maintenance is not properly and regularly done in the opinion of the chief engineer, then notice shall be given by the director of the State Highway Department in writing to the county or municipality in fault; and, if such maintenance is not done and continued within sixty (60) days from the date of such notice, then the director of the State Highway Department may proceed to have done the necessary maintenance and repair work on such street and have the cost of same credited to the State Highway Fund from any fund available to the county or municipality within the state treasury.

Miss. Code Ann. § 65-1-79 Agreements for purpose of securing federal aid funds available under Title 23, United States Code.

The State Highway Commission is authorized to enter into agreements with the United States of America for the purpose of securing federal aid funds when available under the provisions of Title 23, United States Code. The federal aid received under this authorization may be used on roads and streets, either on or off the designated highway system or designated state aid system. The State Highway Commission is given the power and authority to approve the system of roads and streets when the approval of such system(s) establishes the eligibility for these roads and streets for federally funded projects when the necessary matching requirement of the federal aid is supplied by the political subdivision wherein the system or project lies. The State Highway Commission is further vested with full authority to determine the priority of the expenditure of these funds and to approve the priority of improvements financed as a result of such authorization.

Miss. Code Ann. § 65-1-81 Counties and municipalities may contribute funds to aid construction of state highways.

Any municipality in the State of Mississippi, into or through which a designated state highway runs or is proposed to be run by the State Highway Commission, may, within the discretion of its governing authorities, contribute funds to the State Highway Commission for the purpose of aiding in the building or construction of such highway, including the construction of necessary bridges, in an amount to be determined by agreement in writing between the State Highway Commission and the governing authority of such municipality and entered in their respective minutes; but in no event shall such contribution exceed one half of one per centum of the total assessed valuation of such municipality, according to the last completed assessment roll of the taxable property therein. Any county within the State of Mississippi, into or through which a designated state highway runs or is proposed to be run by the State Highway Commission, whether within or without a municipality, may, within the discretion of its board of supervisors, contribute funds to the State Highway Commission for the purpose of aiding in the building or construction of such highway, including the construction of necessary bridges, in an amount to be determined by agreement in writing between the State Highway Commission and the board of supervisors of such county and entered in their respective minutes; but in no event shall such contribution exceed one fifth of one per centum of the total assessed valuation of such county, according to the last completed assessment roll of the taxable property therein. Any municipality or county, exercising any of the powers granted herein, is hereby authorized and empowered to issue general obligation bonds to provide funds for the aforesaid purpose. Any municipality issuing such bonds shall proceed in compliance with the provisions of Sections 21-33-301 through 21-33-329, Mississippi Code of 1972, and any county issuing such bonds shall proceed in compliance with the provisions of Sections 19-9-1 through 19-9-31, Mississippi Code of 1972, and all such bonds shall be sold in the manner provided by Section 31-19-25, Mississippi Code of 1972. However, where a municipality and county jointly obligate themselves to make contributions to the State Highway Commission, as provided herein, such municipality and such county may enter into an agreement to be spread on the minutes of the board of supervisors of such county and the minutes of the governing authority of such municipality, under which the municipality may issue bonds to raise funds for both the municipality and county, or the county may issue bonds to raise funds for both the county and municipality. Any such agreement may provide that in lieu of issuing its bonds hereunder, the municipality or the county, as the case may be, may contribute money to the other annually or semiannually in such amount and for such period of time as may be agreed upon by the two governing authorities, for the purpose of retiring its portion of the bonds issued by the other; and the obligation assumed by the nonissuing authority may be pledged in addition to the full faith, credit, and resources of the issuing authority for the payment of such bonds as they mature and the interest thereon as it may accrue. Both the municipality and the county, by their respective governing authorities, are hereby authorized and empowered to levy and collect the necessary ad valorem taxes on all taxable property within their respective jurisdictions sufficient to retire such bonds, or to provide funds to contribute to the other authority, as required by the aforesaid agreement; when any county shall be required to make a contribution to a municipality under the terms of this section, such contribution may be made from the proceeds of a tax to be levied pursuant to the provisions of Section 65-15-7, as the same now exists or may hereafter be amended, or from any source or sources available to such county. In the event that the required funds or any part thereof are thus provided, the annual ad valorem tax hereinabove provided for may be correspondingly reduced. Any bonds issued by any municipality or any county under the terms and provisions of this section, or any pledge of contributions made by any county or municipality, shall be excepted from all limitations of indebtedness prescribed by any general or special law and shall not be considered in applying any present or future limitations of indebtedness. This section is cumulative and is in addition to any authority now exercised by counties and municipalities under any other law relating to either. Any tax levy made to service the bonds authorized to be issued under authority of this section shall not be refundable under the homestead exemption laws of this state.

Miss. Code Ann. § 65-1-83 Traffic census and other surveys, inspections or studies.

The State Highway Commission shall continue through the State Highway Department to cooperate with the United States Department of Transportation, as necessary, in the taking of a traffic census and the making of other surveys, inspections or studies as said federal agency may request or require pertaining to or on the state highway system and such other roads, bridges and highways within this state as it may deem advisable.

Miss. Code Ann. § 65-1-85 Method of awarding contracts.

All contracts by or on behalf of the commission for the purchase of materials, equipment and supplies shall be made in compliance with Section 31-7-1 et seq. All contracts by or on behalf of the commission for construction, reconstruction or other public work authorized to be done under the provisions of this chapter, except maintenance, shall be made by the executive director, subject to the approval of the commission, only upon competitive bids after due advertisement as follows, to wit: Advertisement for bids shall be in accordance with such rules and regulations, in addition to those herein provided, as may be adopted therefor by the commission, and the commission is authorized and empowered to make and promulgate such rules and regulations as it may deem proper, to provide and adopt standard specifications for road and bridge construction, and to amend such rules and regulations from time to time. The advertisement shall be inserted twice, being once a week for two (2) successive weeks in a newspaper published at the seat of government in Jackson, Mississippi, having a general circulation throughout the state, and no letting shall be less than fourteen (14) days nor more than sixty (60) days after the publication of the first notice of such letting, and notices of such letting may be placed in a metropolitan paper or national trade publication. Before advertising for such work, the executive director shall cause to be prepared and filed in the department detailed plans and specifications covering the work proposed to be done and copies of the plans and specifications shall be subject to inspection by any citizen during all office hours and made available to all prospective bidders upon such reasonable terms and conditions as may be required by the commission. A fee shall be charged equal to the cost of producing a copy of any such plans and specifications. All such contracts shall be let to a responsible bidder with the lowest and best bid, and a record of all bids received for construction and reconstruction shall be preserved. Each bid for such a construction and reconstruction contract must be accompanied by a cashier’s check, a certified check or bidders bond executed by a surety company authorized to do business in the State of Mississippi, in the principal amount of not less than five percent (5%) of the bid, guaranteeing that the bidder will give bond and enter into a contract for the faithful performance of the contract according to plans and specifications on file. Bonds shall be required of the successful bidder in an amount equal to the contract price. The contract price shall mean the entire cost of the particular contract let. In the event change orders are made after the execution of a contract which results in increasing the total contract price, additional bond in the amount of the increased cost may be required. The surety or sureties on such bonds shall be a surety company or surety companies authorized to do business in the State of Mississippi, all bonds to be payable to the State of Mississippi and to be conditioned for the prompt, faithful and efficient performance of the contract according to plans and specifications, and for the prompt payment of all persons furnishing labor, material, equipment and supplies therefor. Such bonds shall be subject to the additional obligation that the principal and surety or sureties executing the same shall be liable to the state in a civil action instituted by the state at the instance of the commission or any officer of the state authorized in such cases, for double any amount in money or property the state may lose or be overcharged or otherwise defrauded of by reason of any wrongful or criminal act, if any, of the contractor, his agent or employees. With respect to equipment used in the construction, reconstruction or other public work authorized to be done under the provisions of this chapter: the word “equipment,” in addition to all equipment incorporated into or fully consumed in connection with such project, shall include the reasonable value of the use of all equipment of every kind and character and all accessories and attachments thereto which are reasonably necessary to be used and which are used in carrying out the performance of the contract, and the reasonable value of the use thereof, during the period of time the same are used in carrying out the performance of the contract, shall be the amount as agreed upon by the persons furnishing the equipment and those using the same to be paid therefor, which amount, however, shall not be in excess of the maximum current rates and charges allowable for leasing or renting as specified in Section 65-7-95; the word “labor” shall include all work performed in repairing equipment used in carrying out the performance of the contract, which repair labor is reasonably necessary to the efficient operation of said equipment; and the words “materials” and “supplies” shall include all repair parts installed in or on equipment used in carrying out the performance of the contract, which repair parts are reasonably necessary to the efficient operation of said equipment. The executive director, subject to the approval of the commission, shall have the right to reject any and all bids, whether such right is reserved in the notice or not. The commission may require the prequalification of any and all bidders and the failure to comply with prequalification requirements may be the basis for the rejection of any bid by the commission. The commission may require the prequalification of any and all subcontractors before they are approved to participate in any contract awarded under this section. The commission may adopt rules and regulations for the termination of any previously awarded contract which is not timely proceeding toward completion. The failure of a contractor to comply with such rules and regulations shall be a lawful basis for the commission to terminate the contract with such contractor. In the event of a termination under such rules and regulations, the contractor shall not be entitled to any payment, benefit or damages beyond the cost of the work actually completed. Any contract for construction or paving of any highway may be entered into for any cost which does not exceed the amount of funds that may be made available therefor through bond issues or from other sources of revenue, and the letting of contracts for such construction or paving shall not necessarily be delayed until the funds are actually on hand, provided authorization for the issuance of necessary bonds has been granted by law to supplement other anticipated revenue, or when the department certifies to the Department of Finance and Administration and the Legislative Budget Office that projected receipts of funds by the department will be sufficient to pay such contracts as they become due and the Department of Finance and Administration determines that the projections are reasonable and receipts will be sufficient to pay the contracts as they become due. The Department of Finance and Administration shall spread such determination on its minutes prior to the letting of any contracts based on projected receipts. Nothing in this subsection shall prohibit the issuance of bonds, which have been authorized, at any time in the discretion of the State Bond Commission, nor to prevent investment of surplus funds in United States government bonds or State of Mississippi bonds as presently authorized by Section 12, Chapter 312, Laws of 1956. All other contracts for work to be done under the provisions of this chapter and for the purchase of materials, equipment and supplies to be used as provided for in this chapter shall be made in compliance with Section 31-7-1 et seq. The commission shall not empower or authorize the executive director, or any one or more of its members, or any engineer or other person to let or make contracts for the construction or repair of public roads, or building bridges, or for the purchase of material, equipment or supplies contrary to the provisions of this chapter as set forth in this section, except in cases of flood or other cases of emergency where the public interest requires that the work be done or the materials, equipment or supplies be purchased without the delay incident to advertising for competitive bids. Such emergency contracts may be made without advertisement under such rules and regulations as the commission may prescribe. The executive director, subject to the approval of the commission, is authorized to negotiate and make agreements with communities and/or civic organizations for landscaping, beautification and maintenance of highway rights-of-way; however, nothing in this subsection shall be construed as authorization for the executive director or commission to participate in such a project to an extent greater than the average cost for maintenance of shoulders, backslopes and median areas with respect thereto. The executive director may negotiate and enter into contracts with private parties for the mowing of grass and trimming of vegetation on the rights-of-way of state highways whenever such practice is possible and cost effective. As an alternative to the method of awarding contracts as otherwise provided in this section, the commission may use the design-build method of contracting for the following: Projects for the Mississippi Development Authority pursuant to agreements between both governmental entities; Any project with an estimated cost of not more than Ten Million Dollars ($10,000,000.00), not to exceed two (2) projects per fiscal year; and Any project which has an estimated cost of more than Ten Million Dollars ($10,000,000.00), not to exceed one (1) project per fiscal year. As used in this subsection, the term “design-build” method of contracting means a contract that combines the design and construction phases of a project into a single contract and the contractor is required to satisfactorily perform, at a minimum, both the design and construction of the project. The commission shall establish detailed criteria for the selection of the successful design-build contractor in each request for design-build proposals. The evaluation of the selection committee is a public record and shall be maintained for a minimum of ten (10) years after project completion. The commission shall maintain detailed records on projects separate and apart from its regular record keeping. The commission shall file a report to the Legislature evaluating the design-build method of contracting by comparing it to the low-bid method of contracting. At a minimum, the report must include: The management goals and objectives for the design-build system of management; A complete description of the components of the design-build management system, including a description of the system the department put into place on all projects managed under the system to insure that it has the complete information on highway segment costs and to insure proper analysis of any proposal the commission receives from a highway contractor; The accountability systems the Transportation Department established to monitor any design-build project’s compliance with specific goals and objectives for the project; The outcome of any project or any interim report on an ongoing project let under a design-build management system showing compliance with the goals, objectives, policies and procedures the department set for the project; and The method used by the department to select projects to be let under the design-build system of management and all other systems, policies and procedures that the department considered as necessary components to a design-build management system. All contracts let under the provisions of this subsection shall be subject to oversight and review by the State Auditor. The State Auditor shall file a report with the Legislature on or before January 1 of each year detailing his findings with regard to any contract let or project performed in violation of the provisions of this subsection. The actual and necessary expenses incurred by the State Auditor in complying with this paragraph (e) shall be paid for and reimbursed by the Mississippi Department of Transportation out of funds made available for the contract or contracts let and project or projects performed. The provisions of this section shall not be construed to prohibit the commission from awarding or entering into contracts for the design, construction and financing of toll roads, highways and bridge projects as provided under Sections 65-43-1 and 65-43-3.

Miss. Code Ann. § 65-1-86 Duty of Attorney General with respect to illegal contracts or criminal acts.

The Attorney General shall, with or without a request by the State Highway Commission, bring any lawsuit, in the name of the State Highway Commission, to recover any monies lost through illegal contracts, fraud, false pretense or any other criminal act, and the highway commission shall, at the direction of the Attorney General, supply internal audits or perform any other necessary act to furnish the attorney general with any evidence pertaining to such loss for use by the Attorney General in the preparation of said lawsuits.

Miss. Code Ann. § 65-1-87 Purchases of war surplus equipment, supplies and materials.

The Mississippi State Highway Commission is hereby authorized and empowered to purchase war surplus equipment, supplies, and materials from the General Services Administration of the United States of America without the necessity of advertising for bids for such materials and equipment and supplies, even though the cost of such materials, equipment, and supplies exceed the sum of One Thousand Dollars ($1,000.00), provided that such equipment, materials, and supplies shall be purchased for less than the then prevailing market price.

Miss. Code Ann. § 65-1-89 Contract arbitration provisions.

Every formal contract made by or on behalf of the Mississippi Transportation Commission for the construction of any building, highway, or work, or the doing of any repairs shall contain and include a provision for settlement by arbitration, if requested by either party to the contract, of all claims and disputes and other matters arising out of such contract, or the failure or refusal to perform the whole or any part thereof.

Miss. Code Ann. § 65-1-91 Arbitration proceedings and effect.

Upon demand for arbitration by any party to a contract with the Mississippi Transportation Commission for the construction of any building, highway or work, or the doing of any repairs, such arbitration shall proceed in all respects and shall have the same effect as authorized and provided by Sections 11-15-1 through 11-15-37. Any arbitration decision shall be binding.

Miss. Code Ann. § 65-1-93 Superseded.

Superseded by Chapter 39 of Title 43, Mississippi Code of 1972. [Codes, 1942, §§ 8023.5-01 to 8023.5-09; Laws, 1970, ch. 440, §§ 1-9; 1971, ch. 508, §§ 1-5]

Miss. Code Ann. § 65-1-110 Mississippi Department of Transportation Equipment Purchase Fund established.

There is hereby created in the State Treasury a special fund to be designated as the Mississippi Department of Transportation Equipment Purchase Fund into which shall be deposited such funds as may be appropriated by the Legislature, any funds obtained from the “buy back” option offered by equipment manufacturers or suppliers of certain types of equipment, funds obtained from the sale of equipment by the Mississippi Department of Transportation and funds obtained from insurance settlements with regard to equipment utilized by the Mississippi Department of Transportation. Money deposited into the fund shall not lapse at the end of any fiscal year and investment earnings on the proceeds in such special fund shall be deposited into such fund. Money from such fund shall be disbursed therefrom upon warrants issued by the State Fiscal Officer upon requisitions signed by the Executive Director of the Mississippi Department of Transportation to purchase or lease equipment for the Mississippi Department of Transportation.

Miss. Code Ann. § 65-1-111 Highway funds; bond and interest funds.

All monies from any source provided by law shall be covered and paid into the State Treasury as other public funds are paid, and it shall be the duty of the Department of Finance and Administration to advise the Mississippi Transportation Commission of the amount of money allotted to the commission on hand from time to time. It shall be the duty of the Department of Finance and Administration to place and allocate those funds so covered into the State Treasury in the State Highway Fund. The interest earned on the investment of any highway funds shall be paid into the State Highway Fund, except as otherwise provided in Section 15 of Laws, 2004, ch. 595. If any highway bonds or notes are issued, the Transportation Commission will adopt a resolution requesting the Bond Commission to issue such bonds or notes as may be authorized and a “bond and interest sinking fund” and “note fund” shall be kept separate from the highway fund by the State Treasurer pursuant to the bond resolution adopted by the State of Mississippi Bond Commission.

Miss. Code Ann. § 65-1-112 Funds to be expended on basis of state need.

No funds provided to the state highway fund shall be expended on a set division of such funds by district, but shall be expended on the basis of state needs as a whole.

Miss. Code Ann. § 65-1-113 Audit and budget.

The books and accounts of the Mississippi Department of Transportation shall be audited at the end of each fiscal year by the State Auditor. A copy of the audit shall be filed with the Governor, the Legislative Budget Office, and the Department of Finance and Administration and a copy kept on file in the Office of the Mississippi Transportation Commission. The audit shall be so segregated that it shall show in detail the expenditures of the Mississippi Department of Transportation for the period involved. At a regular meeting in April of each year prior to the beginning of each July 1 fiscal year, the Mississippi Transportation Commission shall adopt a complete, detailed and itemized budget of each construction program, maintenance and administration based on information as required by the Legislative Budget Office, which budget shall not exceed a reasonably anticipated income of the commission for the succeeding fiscal year, and the essential features of such budget shall be spread at large on the minutes of the commission. A copy of the detailed budget shall be filed with the Governor and three (3) copies each with the Legislative Budget Office and the Department of Finance and Administration on or before May 30 of each year and shall cover all anticipated expenditures for construction, maintenance and all other expenditures for the ensuing fiscal year. The commission shall not make expenditures in excess of its published budget or any item thereof without written notice to the Legislative Budget Office and prior approval of the Department of Finance and Administration, except in case of extraordinary, unusual or unprecedented occurrences arising by reason of unforeseen events, floods, hurricanes or other acts of God or force majeure, in which event, upon the declaration of emergency and necessity spread at large upon the minutes, appropriate and necessary emergency expenditures may be made.

Miss. Code Ann. § 65-1-115 System of accounting.

The Department of Finance and Administration, in cooperation with the commission or its comptroller, shall formulate and prescribe a uniform system of accounting for all monies expended by the Mississippi Transportation Commission. The commission shall have prepared and issued all necessary forms, rules, and regulations for the installation and operation of said system of accounting, and it shall be the duty of the Transportation Commission, acting through its Executive Director, in allowing any account to request, by requisition the Department of Finance and Administration, that a warrant be issued therefor. The commission shall provide proper books covering requisitions to be drawn from the State Highway Fund. In the event any highway bonds or notes are issued, additional books covering a “bond and interest sinking fund” and “note fund” shall likewise be provided.

Miss. Code Ann. § 65-1-117 County and federal funds for road construction.

The board of supervisors of any county is hereby authorized in its discretion to deposit with the State Treasurer, as trustee, funds representing the county’s or district’s share of the cost of construction of any project in that county. The State Treasurer is hereby authorized to continue to receive and deposit to the credit of the State Highway Fund, all funds from the federal government made available by it for road construction purposes, and the treasurer shall notify the commission of the amounts so received. All accounts against the above mentioned funds shall be certified by the director of the State Highway Department, who shall request the auditor of public accounts to issue his warrant on the State Treasurer for the amount of the account, and the treasurer shall pay same if sufficient funds are available, all in the manner prescribed herein or as may be required by law.

Miss. Code Ann. § 65-1-119 Repealed.

Repealed by Laws, 1985, ch. 424, § 3, eff from and after July 1, 1985. [Codes, 1930, § 5014; 1942, § 8046; Laws, 1930, ch. 47; 1948, ch. 332, § 23]

Miss. Code Ann. § 65-1-121 Inventory and report of property.

A full, complete, and detailed inventory of all property, other than rights of ways and lands containing road building materials, shall be continued as heretofore prepared and filed by the State Highway Department. All of said properties so reported and inventoried and all other property of every kind or description shall be entered in detail and by items in or upon a card index, or other modern filing system, and thereafter all property which may be purchased or acquired by the commission shall be likewise noted and indexed in such filing system so as to keep a complete record of the identity, cost, purpose, use, and location of said property at all times, so that inventory thereof may easily be made; and when disposed of, a complete record of the disposition thereof shall likewise be made. It shall be the duty of each of the highway commissioners and of the director to make a full report annually of all monies or property that have or has come into his possession or control and to faithfully account therefor.

Miss. Code Ann. § 65-1-123 Sale or disposal of unnecessary property.

Except as otherwise provided in subsection (10) of this section, whenever any personal property has been acquired in any manner by the Mississippi Transportation Commission for public use and in the opinion of the commission, all or any part of the property becomes unnecessary for public use, the commission is authorized to dispose of such property for a fair and reasonable cash market price. Any such sale shall be a sale upon the receipt of sealed bids after reasonable advertisement for bids in such manner and at such time and place as the commission may deem proper and advisable, except that the commission may sell at private sale any such personal property not necessary for public purposes the cash market value of which is less than Five Hundred Dollars ($500.00); however, if the personal property is timber, the commission may sell at private sale any such timber not necessary for public purposes the cash market value of which is less than Five Thousand Dollars ($5,000.00), except that whenever persons, groups or agencies are permitted to remove a quantity of timber from highway rights-of-way, and the cash market value of the timber is estimated by the commission to be less than One Thousand Dollars ($1,000.00), it shall not be necessary to have the timber cruised or appraised and the commission may sell the timber at private sale. The commission shall have the right to reject any and all bids in its discretion and to sell the property theretofore advertised at private sale for not less than the highest of the rejected bids, or to readvertise. Except as otherwise provided in subsections (3) and (4) of this section, whenever real property, with the exception of easements for highway purposes, has been acquired by the Mississippi Transportation Commission, in any manner, for public use and in the opinion of the commission all or any part thereof becomes unnecessary for public use, the same shall be declared on the minutes of the commission as excess property and shall be sold at private sale at market value. If the excess property was a total take from the original owner, then the commission shall offer to such owner, in writing, the first right of refusal to purchase such excess property; however, if after due diligence the original owner cannot be located, then the commission shall offer the first right of refusal to purchase the property to the adjoining property owner or owners. If the excess property was a partial take from the current owner of the parcel of real property from which the excess property was originally taken, then the commission shall be required to offer in writing the first right of refusal to purchase such excess property to such owner. If within forty-five (45) days any owner to whom the commission has offered the first right of refusal under the provisions of this subsection fails to accept the offer to purchase, the property shall then be offered to the adjoining property owner or owners. If within forty-five (45) days an adjoining property owner fails to accept the offer to purchase, then the excess property shall be sold to the highest bidder upon the receipt by the commission of sealed bids after reasonable advertisement for bids in such manner and at such time and place as the commission deems proper and advisable; however, the commission shall have the right to reject any and all bids in its discretion and to sell the property theretofore advertised at private sale for not less than the highest of the rejected bids, or to readvertise. Upon payment of the purchase price, the executive director of the department, upon due authorization by the commission entered on its minutes, may execute a quitclaim deed conveying such property to the purchaser. Whenever the commission acquires by fee simple interest any property determined to be an uneconomic remnant outside the right-of-way, then the commission may sell the property to the adjoining property owner or owners for an amount not less than the market value established by the county tax assessor or a state licensed or certified appraiser. Whenever the commission desires to sell any real property used as maintenance lots, the property shall be sold to the highest bidder upon the receipt by the commission of sealed bids and after reasonable advertisement for bids in such manner and at such time and place as the commission deems proper and advisable; however, the commission, in its discretion, may reject any and all bids and sell the property advertised at private sale for not less than the highest of the rejected bids, or may readvertise. Upon payment of the purchase price, the executive director of the department, upon authorization by the commission entered on its minutes, may execute a quitclaim deed conveying the property to the purchaser. All easements for highway purposes shall be released when they are determined on the minutes of the commission as no longer needed for such purposes, and when released, they shall be filed by the department in the office of the chancery clerk in the county where the property is located. In no instance shall any part of any property acquired by the commission, or any interest acquired in such property, including, but not limited to, easements, be construed as abandoned by nonuse, nor shall any encroachment on such property for any length of time constitute estoppel or adverse possession against the state’s interests. It is the intent of the Legislature that the Transportation Commission shall declare property it has acquired and which is no longer needed for public purposes as excess and to sell and/or dispose of such excess property in accordance with the provisions of this section as soon as practicable after such property becomes excess in fact. Unnecessary or excess property or property interests shall be disposed of only upon order of the Transportation Commission on its minutes as provided in this section. Whenever any real property has been acquired by the Transportation Commission and in the opinion of the commission all or any part of the property will not be utilized in the near future, the property shall be so declared by the Transportation Commission on its minutes and the commission may lease or rent the property for its market value. This section shall not apply to any sale, donation, exchange or other conveyance of real property when the Legislature otherwise expressly authorizes or directs the commission to sell, donate, exchange or otherwise convey specifically described real property. As an alternative to the sale of timber under subsection (1) of this section, the Mississippi Transportation Commission may enter into an agreement with the State Forestry Commission for the general supervision and management of timber on selected portions of the rights-of-way of the interstate highway system and those completed segments of four-lane highways in the state. Such an agreement may prescribe the details of, and authority and control over, the full range of forestry management practices. Seventy-five percent (75%) of any money collected from the sale of timber on rights-of-way, less any expenses associated therewith, shall be deposited into the Education Enhancement Fund created in Section 37-61-33, and the remainder shall be deposited into the State Highway Fund to be expended solely for the repair, maintenance, construction or reconstruction of highways. Subject to the provisions of paragraph (a) of this subsection, the Mississippi Transportation Commission may, after consultation with the State Forestry Commission, adopt such rules and regulations with regard to the management, sale or disposal of timber on highway rights-of-way as it considers appropriate; provided, however, such rules and regulations shall be uniform throughout the state and shall be designed to maximize the value of such timber or minimize the cost of removing such timber.

Miss. Code Ann. § 65-1-125 Sale of used road building materials.

The State Highway Department is hereby authorized, in its discretion, to sell used road building materials of every kind, nature, and description to the various boards of supervisors for a reasonable and fair price. The funds received as a result of a sale contemplated by this section shall be deposited in the state treasury as required by Section 65-1-111.

Miss. Code Ann. § 65-1-127 Participation in Federal Highway Administration Fellowship Program in Highway Safety.

The Mississippi State Highway Commission is authorized and empowered to cooperate with the Federal Highway Administration Fellowship Program in Highway Safety by granting permission of any of its employees accepted for participating in such program to be granted a leave of absence to obtain the schooling without loss of salary while gaining the advanced training to better equip them for service to the state highway department. In addition to requirements set forth in the Federal Highway Administration’s regulations, any such employee to be eligible for such training must agree to continue to work with the Mississippi State Highway Department for at least three (3) years after completing the fellowship study period. At no time shall more than three (3) employees be on such leave from the Mississippi State Highway Department.

Miss. Code Ann. § 65-1-129 Security officers; definitions.

For purposes of Sections 65-1-129 through 65-1-137, unless the context requires otherwise, the following terms shall have the meanings ascribed herein: “Highway Commission” means the Mississippi State Highway Commission. “Qualified person” means a person who: Has met all the educational and training requirements of a course of study prescribed and conducted by the Mississippi Law Enforcement Officers’ Training Academy; and Is of good moral character and has not been convicted of any crime involving moral turpitude.

Miss. Code Ann. § 65-1-131 Security officers; appointment; oath; identification; powers; reimbursement by district.

The Mississippi Transportation Commission may appoint and commission qualified persons as security officers of the Mississippi Department of Transportation. Any such security officer so appointed shall be a full-time employee of the Transportation Department and shall not be employed by any privately owned guard or security service, and shall at all times be answerable and responsible to the Mississippi Transportation Commission and the Executive Director of the Mississippi Department of Transportation. A security officer appointed and commissioned as provided in subsection (1) of this section shall, before entering upon his duties as such officer, take the oath of office prescribed by Section 268, Mississippi Constitution of 1890, which shall be endorsed upon his commission. The commission, with the oath endorsed upon it, shall be entered in the official minute book of the Transportation Commission. A security officer appointed and commissioned pursuant to the provisions of subsection (1) of this section, shall, while engaged in the performance of his duties, carry on his person a badge identifying him as a security officer of the Mississippi Department of Transportation and an identification card issued by the Transportation Commission. When in uniform, each such security officer shall wear his badge in plain view. A security officer appointed and commissioned under subsection (1) of this section may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state, but only with respect to violations of law which are committed on or within buildings, property or facilities owned by or under the jurisdiction of the Transportation Commission or the Transportation Department. Any right granted under this subsection in no way relieves the requirements of appropriate affidavit and warrant for arrest from the appropriate jurisdiction and authority pursuant to the laws of this state. On behalf of each person who is employed as a security officer under subsection (1) of this section and who is trained as a security officer at the Mississippi Law Enforcement Officers’ Training Academy, the Transportation Department shall be required to pay to the academy at least an amount equal to the per student cost of operation of said academy as tuition.

Miss. Code Ann. § 65-1-133 Security officers; arrest and detention.

A person arrested by a security officer appointed and commissioned under Section 65-1-131 shall be handled or processed in the jurisdiction in which the offense was committed, in the same manner as if the arrest had been made by a sheriff or constable. If such security officer detains any person arrested by him, he shall forthwith deliver the arrested person to the sheriff of the county in which the offense was committed, and such security officer shall have no further authority as to the custody of such arrested person.

Miss. Code Ann. § 65-1-135 Security officers; termination of authority.

The powers and authority of any security officer may be terminated at any time by the Highway Commission.

Miss. Code Ann. § 65-1-136 Authorization of Mississippi Transportation Commission to contract with private security firms; requirements and limitations pertaining to private security officers.

In addition to employing security officers as full-time employees of the Mississippi Department of Transportation as authorized under subsection (1) of Section 65-1-131, the Mississippi Transportation Commission may contract with any private security firm or business authorized to do business in this state for the purpose of providing security for buildings, property or facilities owned by or under the jurisdiction of the Transportation Commission or the Transportation Department, or for buildings, property or facilities located on a trunkline highway at or near a point of entry into this state in which a welcome center or hospitality station has been established by the Mississippi Department of Economic and Community Development. A security officer of a security firm or business with which the commission has contracted pursuant to the provisions of this section, while engaged in the performance of his duties, shall carry on his person a badge identifying him as a security officer and an identification card issued by the Transportation Commission. When in uniform, each such security officer shall wear his badge in plain view. A security officer of a security firm or business with which the commission has contracted pursuant to the provisions of this section shall have only such powers of arrest as may be exercised by a private citizen of this state and only such right to bear firearms or weapons while engaged in the performance of his duties as authorized under Section 97-37-7.

Miss. Code Ann. § 65-1-137 Security officers considered independent contractors.

All security officers of any security firm or business with which the Transportation Commission has contracted under Section 65-1-136 shall be independent contractors and shall not be considered as employees under Chapter 46 of Title 11, Mississippi Code of 1972.

Miss. Code Ann. § 65-1-139 Contractors may be required to provide law enforcement safety operations in certain work zones; agreements between contractors and law enforcement agencies to provide work zone law enforcement; utilization of officers from Department of Transportation Office of Law Enforcement to perform work zone safety operations under certain circumstances.

The Mississippi Transportation Commission may require its contractors to provide for law enforcement safety operations in work zones that the commission determines are on high-volume roadways or on high risk projects by including such provision in a contract between the commission and the contractor or as part of a bid requirement. A contractor may provide law enforcement work zone safety operations by entering into mutually agreeable agreements with state, county and/or municipal law enforcement agencies for the provision of such operations. Any law enforcement agency that enters into such agreement with a contractor shall only provide work zone safety operation services in locations that are within the jurisdiction of the law enforcement agency, and the agency shall only have those enforcement powers granted to them by law. Contractors required to provide work zone safety operations and state law enforcement agencies, counties and municipalities are authorized to enter into agreements to effectuate the purposes of this subsection (1). If a mutually acceptable agreement between a contractor and applicable law enforcement agencies cannot be reached after good faith negotiations, the Mississippi Transportation Commission may utilize officers from the Mississippi Department of Transportation Office of Law Enforcement to perform safety operations in work zones that the commission determines are on high-volume roadways or on high risk projects. Officers of the Mississippi Department of Transportation Office of Law Enforcement are authorized to utilize any enforcement power already granted to them by law in the performance of work zone safety operations and shall engage the oscillating blue lights on their vehicles to encourage the public to observe all traffic laws while proceeding through the work zone. This subsection (2) shall not be construed as granting the Office of Law Enforcement general police powers.

Miss. Code Ann. § 65-1-141 Annual submission of three-year plan for maintenance, construction and relocation of highway system; determination of priorities for expenditure of funds.

The Highway Commission shall annually have the Highway Department prepare a three-year plan for the maintenance, construction, reconstruction and relocation of the State Highway System. The plan shall include: For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for maintenance and which can be maintained within the three-year period from funds available or estimated to be made available for such purpose; For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for construction, reconstruction or relocation and for which contracts can be let for construction, reconstruction or relocation within the three-year period from funds available or estimated to be available for such purpose; The reasons for the priority assigned to highways, or segments thereof, pursuant to the criteria established in the following subsection (1)(b), and the annual cost and total estimated cost of completion for each such project; and A synopsis of any analyses or studies considered by the commission to develop the criteria in determining priorities. The Highway Commission shall determine the criteria on which the Highway Department shall assign priority for maintenance, construction, reconstruction and relocation of highways, or segments thereof, on each highway or road system under its jurisdiction, taking into consideration all of the following criteria: Public necessity and public safety; Present and future economic benefit and commercial value; Present and future traffic census; and Route continuity. Additionally, the Highway Commission shall take into consideration conditions potentially hazardous to the public safety at points on highways having substantial truck traffic entering and leaving the highway. In setting priorities for construction, the department shall take into consideration the construction of turning lanes at such points on highways to facilitate the safe movement of traffic. To develop the criteria to be used in determining priorities, the State Highway Commission may conduct public hearings; shall conduct analyses or studies of highway needs, utilizing highway department personnel; and shall consider highway needs analyses or studies submitted to them by the University Research Center, which is hereby directed to develop such highway needs analyses or studies with respect to the criteria set forth in subsection (1)(b)(ii) above and to timely submit or present such analyses or studies to the State Highway Commission. All funds appropriated and made available to the State Highway Department from any source within the state for maintenance, construction, reconstruction and relocation of the state highway system shall be expended on order of the State Highway Commission according to the priorities herein set forth and without regard to the provisions of Sections 65-3-29 through 65-3-33. The commission shall spread upon its minutes, from time to time, the priority of roads for application of such funds, the specific reasons for each priority so assigned, and the source and amount of funds applied to each project. All interstate funds apportioned to the State Highway Commission under the Federal Aid Highway Act of 1956 shall be allocated on the basis of need to complete the interstate system of highways to provide for the maximum commercial benefit to the state. All primary road construction money shall be used in the priorities established pursuant to subsection (1)(b) hereof. The State Highway Department shall match all available federal money for highways. Federal aid primary system as constituted. Priority of use of these funds shall be determined by roads meeting most of the criteria receiving priority established pursuant to subsection (1)(b) hereof. Secondary road construction money shall be used with priorities established by roads meeting most of the following criteria receiving priority: Roads in the order of the relative use and importance of such highways, as may be determined by the present and future traffic censuses thereof, taking into consideration their present and future use, convenience, public necessity and public safety, the connecting of Mississippi towns, cities and population centers and the economic contribution to the state should a specific highway be improved, the recorded maintenance expense and their continuity as highways through the state. Roads which carry the most traffic. Roads which connect the federal aid primary or interstate system in a uniform manner. Roads which serve the most commercial value. Roads which are arterial in nature. Roads which connect the major rural communities with similar communities in adjoining counties. The State Highway Department shall when funds are available match all available federal money for highways. Projects eligible for reimbursement under the provisions of P.L. 97-424 shall be exempt from the requirements of subsection (1)(a) of this section, but the State Highway Commission shall expend funds available to it for such projects in the priorities established pursuant to subsection (1)(b) hereof. All highway construction, reconstruction and relocation shall be by contract, let on competitive bid in the manner provided by statute. On any one (1) reconstruction project the total cost of which does not exceed Two Hundred Thousand Dollars ($200,000.00), reconstruction may be accomplished by highway department labor, equipment or materials. Nothing herein shall be construed to affect maintenance and repair work done or to be done on existing roads. When new programs require the utilization of professional services, the Mississippi State Highway Department may contract with, engage, or retain available, competent firms actively offering such professional services as a primary source of livelihood. “Professional services” is defined as services normally performed on a fee basis or contract by engineers, architects, business management, administrative and consulting firms.

Miss. Code Ann. § 65-1-143 Construction to commence at points having greatest traffic congestion.

When the specific location of a road has been established under the criteria contained in Section 65-1-141, construction on said roads shall commence at the point on each segment having the greatest traffic congestion.

Miss. Code Ann. § 65-1-145 Method of expenditure of funds.

The expenditure of funds now or hereafter available for the construction and reconstruction of primary and secondary roads by the Mississippi Transportation Commission, after having determined the priority in accordance with the requirements of Section 65-1-141 hereof, shall be as follows: Four-lane roads shall be constructed using the existing two-lane roads as part of such construction along portions of highways where the most recent average daily traffic count exceeds thirty percent (30%) of the route segment’s capacity. Along such portions of highways where the most recent average daily traffic count does not exceed thirty percent (30%) of the capacity, two-lane roads shall be constructed, or existing two (2) lanes shall be widened, overlayed and reconstructed. Along such two-lane portions of highways passing lanes may be constructed where traffic congestion or special hazards dictate, or, where such two-lane segment connects two (2) existing four-lane roads, such segment may be constructed as a four-lane road for road continuity, using the existing two-lane road as part of such construction. Four-lane, full-control or limited access highways bypassing municipalities shall not be constructed until the Transportation Commission determines that the most recent average daily traffic count exceeds sixty percent (60%) of an existing two-lane route’s capacity or determines that within a reasonable period of time after construction of such a four-lane, full-control or limited access municipal bypass the average daily traffic count will exceed sixty percent (60%) of an existing two-lane route’s capacity. In no event shall such a bypass be constructed until approved by the Legislature by an appropriation of highway funds for a specific bypass, the construction of which has been recommended by the Executive Director of the Transportation Department pursuant to an order of the Transportation Commission duly recorded in the minutes of the commission and included in the three-year plan prepared pursuant to Section 65-1-141. Four-lane facilities may be constructed without using existing roadways as a part of such construction where it is necessary to construct four-lanes on new location because of bad alignment of existing roadway or where it is necessary to relocate or realign such roadway so as to connect with a four-lane facility in an adjoining state. Any four-lane bypass project of which all, or any portion thereof, is presently under construction, or let to contract, or which has been partially completed, except where right-of-way only has been acquired, may be completed in its entirety. Notwithstanding any limitation imposed above on the construction of four-lane roads, through June 30, 2007, contracts to construct four-lane roads may be let when (i) the federal government has provided money for four-laning a specific highway project, (ii) four-laning will enhance the current economic development of the area in which the four-lane road will be constructed, or (iii) the four-lane road to be constructed will connect with an existing four-lane road. Before a route location is submitted to the Federal Highway Administration for approval, appropriate identification of the proposed route must be spread upon the minutes of the Mississippi Transportation Commission and approved by an affirmative vote of all three (3) transportation commissioners. Where a route location has been approved by the Federal Highway Administration and a relocation of the route is contemplated, the same procedure of advertisement and hearings upon request must be followed which is used in reaching an initial route location. Any change in location must be spread upon the minutes of the Mississippi Transportation Commission and be approved by an affirmative vote of all three (3) commissioners. The Mississippi Transportation Commission may alter construction standards of an approved route by an affirmative vote of all three (3) commissioners; provided that such change is in conformity with items (a), (b), (c), (d), (e) and (f) of this subsection. No state monies shall be expended on any construction project unless a Transportation Department engineer shall be assigned to such project.

Miss. Code Ann. § 65-1-147 Reversion of links removed from state highway system to counties and political subdivisions.

Any link or part of the legislatively designated state highway system on July 1, 1981, that is removed from that system by appropriate statute shall revert for all purposes to the jurisdiction of the county and political subdivision in which it lies, and the link so removed may, in the discretion of the board of supervisors of the county in which it lies, be and become a part of the state aid roads system and be governed by the statutes regulating that system.

Miss. Code Ann. § 65-1-149 Annual reports of transportation commission; commissioner’s reports; administrative budget; post audit of funds expended and programs projected.

The Mississippi Transportation Commission shall file a detailed annual report with the Governor, Department of Finance and Administration, Secretary of the Senate, Clerk of the House of Representatives, and each member of the Senate and the House of Representatives requesting one, by January 15 of each year showing by county the construction and maintenance work in progress, the cost of each project with an indication of specific cost incurred and expenses paid during the fiscal year reported, a list of contracts let, a summary of the bids received, and the name and address of the contractor to whom the contract was awarded in each case. The annual report of the Transportation Commission shall also contain all receipts and disbursements during the preceding fiscal period and an estimate of the receipts for not less than the next fiscal period, plus the average cost of maintenance of each general type of road and the average cost of construction of the various types of surface. Any information and recommendations, including proposed legislation which in the opinion of the commission is needed, shall be contained in said report, in addition to any other required by law to be in the annual report of every department, agency or institution. In addition to the report hereinabove required, there shall be presented, by January 15 of each year to the Senate Highways and Transportation Committee and to the House Transportation Committee, a report on the projected projects for the next three (3) years outlined in detail sufficient enough to facilitate an accurate assessment of such projects by such committees. The Transportation Commission shall adopt a complete, detailed and itemized budget based on information as required by the Legislative Budget Office, which budget shall not exceed a reasonably anticipated income of the commission for the succeeding fiscal year, and the essential features of such budget shall be spread at large on the minutes of the commission. A copy of the detailed budget shall be filed with the Legislative Budget Office and the Department of Finance and Administration and shall cover all anticipated expenditures for the ensuing fiscal year. The commission shall not make expenditures in excess of its published budget or any item thereof without written notice to the Legislative Budget Office and prior approval of the Department of Finance and Administration, except in case of extraordinary, unusual or unprecedented occurrences arising by reason of unforeseen events, floods, hurricanes or other Acts of God or force majeure, in which event, upon the declaration of emergency and necessity spread at large upon the minutes, appropriate and necessary emergency expenditures may be made. The books and accounts of the Mississippi Department of Transportation shall be audited at the end of each fiscal year by the State Auditor. A copy of the audit shall be filed with the Governor, the State Auditor, the Legislative Budget Office, the Department of Finance and Administration, and a copy kept on file in the office of the Transportation Commission. The audit should be so segregated that it shall show in detail the expenditures of the Transportation Department for the period involved.

Miss. Code Ann. § 65-1-151 Additional bonds required of commissioners and director.

Bond shall be given to the state of Mississippi by each commissioner and the director, each in an additional sum of Fifty Thousand Dollars ($50,000.00), which is in addition to the bonds required in Sections 65-1-3 and 65-1-9, Mississippi Code of 1972; and said bond shall in all instances be and is for the same purposes and in the same manner as provided in Sections 65-1-3 and 65-1-9. Such bonds may be consolidated with bonds required in the aforementioned sections.

Miss. Code Ann. § 65-1-153 Submission of work program required prior to appropriations; notification of changes in program.

From and after July 1, 1981, no appropriation shall be made to the Mississippi State Highway Department until the highway department supplies the legislature with a detailed program of the work to be accomplished during the fiscal year for which such appropriation will be made. Whenever a determination is made that one or more of the projects in the program detailed in subsection (1) cannot proceed as approved, the highway department shall furnish, in prescribed written form, the reasons for any proposed deviation, cancellation or rescheduling of such project, together with its recommendation for a substitute project, to the Lieutenant Governor, the chairman of the senate appropriations committee, the chairman of the senate highways committee and the chairman of the senate finance committee, and to the speaker of the house, the chairman of the house appropriations committee, the chairman of the house ways and means committee and the chairman of the house highways and highway financing committee, and to the individual senators and representatives in whose district the requested changes along with the proposed substitution is located.

Miss. Code Ann. § 65-1-155 Transfer of funds to Bureau of Building, Grounds and Real Property Management.

The State Highway Commission, acting through the Director of the State Highway Department, is hereby authorized and directed to transfer the sum of Ten Million Dollars ($10,000,000.00) out of any money in the special fund accounts within the State Treasury to the credit of the State Highway Department into a special fund account to the credit of the Bureau of Building, Grounds and Real Property Management within the State Treasury.

Miss. Code Ann. § 65-1-157 Expenditure of transferred funds by Bureau of Building, Grounds and Real Property Management.

The funds transferred herein to a special fund account to the credit of the Bureau of Building, Grounds and Real Property Management shall be expended only as authorized by an act of the Legislature.

Miss. Code Ann. § 65-1-159 Implementation of fund transferral by director.

The Director of the State Highway Department shall make requisition upon the State Auditor of Public Accounts, or its successor, and thereupon the Auditor of Public Accounts, or its successor, shall issue his warrant to the State Treasurer, who shall immediately pay same into the special fund account to the credit of the Bureau of Building, Grounds and Real Property Management created pursuant to Section 65-1-155.

Miss. Code Ann. § 65-1-161 Authorization for Office of General Services to convey right-of-way across certain lands.

The Governor’s Office of General Services, acting through the Bureau of Building, Grounds and Real Property Management, is authorized, in its discretion, to convey to the Mississippi State Highway Department, on behalf of the Mississippi School for the Deaf, the Mississippi School for the Blind and the Mississippi Agriculture and Forestry Museum, a right-of-way row easement across real property described as follows: PARCEL NO. 1 Begin at the point of intersection of the present Easterly right-of-way line of Interstate Highway No. 55 North with the present Northerly right-of-way line of Eastover Drive, said point of beginning is 2,077.4 feet North and 362.1 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence Northerly along said present Easterly right-of-way line the following: North 28 degrees 57’ East, a distance of 842.4 feet; thence run South 61 degrees 09’ East, a distance of 15.0 feet; thence run North 28 degrees 35’ East, a distance of 439.5 feet; thence run Northeasterly along the circumference of a circle to the right having a radius of 676.78 feet, a distance of 183.9 feet to the Northerly line of grantors property; thence run North 88 degrees 46’ East along said Northerly property line, a distance of 84.4 feet to a point on a line that is parallel with and 26 feet Easterly of the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10; thence run Southerly along said parallel line along the circumference of a circle to the left having a radius of 5,703.58 feet, a distance of 119.3 feet; thence run South 32 degrees 01’ West, a distance of 49.9 feet; thence run Southerly along a line that is parallel with and 30 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 5,699.58 feet, a distance of 149.2 feet to a point that is 30 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9278 + 00; thence run South 55 degrees 08’ East, a distance of 50.0 feet; thence run Southerly along a line that is parallel with and 80 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 5,649.58 feet, a distance of 64.1 feet to a point that is 80 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9277 + 35; thence run South 74 degrees 58’ West, a distance of 45.8 feet; thence run South 50 degrees 26’ West, a distance of 51.8 feet; thence run South 38 degrees 52’ West, a distance of 50.0 feet to a point on that is 30 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9276 + 00; thence run Southerly along a line that is parallel with and 30 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 5,699.58 feet, a distance of 135.9 feet; thence continue Southerly along the last mentioned parallel line and along the circumference of a circle to the left having a radius of 14,293.95 feet, a distance of 212.9 feet to a point that is 30 feet Easterly of and measured radially to the centerline of survey at said relocation at Station 9272 + 50; thence run South 16 degrees 22’ West, a distance of 102.8 feet; thence run Southerly along a line that is parallel with and 55 feet Easterly of the centerline of survey of said relocation and along the circumference of a circle to the left having a radius of 14,268.95 feet, a distance of 249.0 feet to a point that is 55 feet Easterly of and measured radially to the centerline of survey of said relocation at Station 9269 + 00; thence run South 24 degrees 28’ West, a distance of 61.6 feet to a point that is 60 feet Easterly of and perpendicular to the centerline of survey of said relocation at Station 9268 + 38.364; thence run South 29 degrees 00’ West, along a line that is parallel with and 60 feet Easterly of the centerline of survey of said relocation, a distance of 188.4 feet to a point that is 60 feet Easterly of and perpendicular to the centerline of survey of said relocation at Station 9266 + 50; thence run South 25 degrees 35’ West, a distance of 43.7 feet to a point on the present Northerly right-of-way line of said Eastover Drive; thence run North 61 degrees 15’ West along said present Northerly right-of-way line, a distance of 68.3 feet to the point of beginning, containing 91,284.03 square feet or 2.096 acres, more or less, and all being situated in and a part of the West 1/2 of the Southwest 1/4 of Section 24, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi and PARCEL NO. 2 Begin at a point that is 60 feet Easterly of and perpendicular to the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10 at Highway Survey Station 9266 + 50, said point of beginning is 2,084.0 feet North of and 440.8 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence South 02 degrees 26’ West, a distance of 11.2 feet to a point that is 65 feet Easterly of and perpendicular to the centerline of survey of said relocation at Station 9266 + 40; thence run South 56 degrees 22’ East, a distance of 38.7 feet to a point that is 70 feet Northerly of and perpendicular to the centerline of survey of the relocation of Eastover Drive as shown on the plans of said highway project at Station 12 + 45; thence run North 42 degrees 23’ East, a distance of 41.2 feet; thence run South 61 degrees 39’ East, a distance of 30.0 feet; thence run South 12 degrees 24’ West, a distance of 36.4 feet to a point that is 75 feet Northerly of and perpendicular to the centerline of relocation of said Eastover Drive at Station 12 + 95; thence run South 56 degrees 27’ East, a distance of 55.2 feet; thence run South 61 degrees 39’ East along a line that is parallel with and 70 feet Northerly of the centerline of survey of the relocation of said Eastover Drive, a distance of 120.0 feet; thence run South 81 degrees 18’ East, a distance of 74.3 feet; thence run South 61 degrees 39’ East, a distance of 21.9 feet; thence run South 42 degrees 09’ East, a distance of 30.1 feet; thence run South 03 degrees 43’ East, a distance of 56.5 feet to a point on the present Northerly right-of-way line of said Eastover Drive that is 37.33 feet Northerly of and measured radially to the centerline of relocation of said Eastover Drive at Station 16 + 20; thence run North 61 degrees 15’ West along said present Northerly right-of-way line, a distance of 416.6 feet; thence run North 25 degrees 35’ East, a distance of 43.7 feet to the point of beginning, containing 16,721.53 square feet or 0.384 acres, more or less, and all being situated in and a part of the Southwest 1/4 of the Southwest 1/4 of Section 24, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi. No access will be permitted across the retaining wall between Point “C” and Point “D” as shown on the right-of-way plans for the above mentioned Federal Aid Highway Project. PARCEL NO. 3 Begin at the point of intersection of the present Easterly right-of-way line of Interstate Highway No. 55 North with the present Southerly right-of-way line of Eastover Drive, said point of beginning is 2009.9 feet North of and 318.9 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence South 61 degrees 15’ East along said present Southerly right-of-way line of Eastover Drive, a distance of 75.7 feet; thence run South 29 degrees 00’ West, a distance of 26.4 feet to a point that is 65 feet Easterly of and measured radially to the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10 at Station 9265 + 00; thence run South 31 degrees 57’ West, a distance of 336.1 feet to a point that is 55 feet Easterly of and perpendicular to the centerline of relocation of said East Frontage Road at Station 9261 + 66.667; thence run South 33 degrees 57’ West, a distance of 116.8 feet; thence run South 38 degrees 39’ West, a distance of 160.9 feet; thence run South 37 degrees 02’ West, a distance of 40.4 feet to a point that is 26 feet Easterly of and measured radially to the centerline of survey of said East Frontage Road relocation at Station 9258 + 50; thence run Southerly along a line that is parallel with and 26 feet Easterly of said centerline of said East Frontage Road relocation and along the circumference of a circle to the left having a radius of 7613.44 feet, a distance of 80.9 feet to a Southerly line of grantors’ property; thence run North 61 degrees 51’ West along said Southerly property line, a distance of 10.3 feet to a point on the present Easterly right-of-way line of Interstate Highway No. 55 North; thence run North 27 degrees 56’ East along said present Easterly right-of-way line, a distance of 120.6 feet; thence run North 28 degrees 57’ East along said present Easterly right-of-way line, a distance of 637.0 feet to the point of beginning, containing 37,759.63 square feet or 0.867 acres, more or less, and all being situated in and a part of the Southeast 1/4 of the Southeast 1/4 of Section 23, and the Southwest 1/4 of the Southwest 1/4 of Section 24, all in Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi, and PARCEL NO. 4 Begin at a point that is 65 feet Easterly of and measured radially to the centerline of survey of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-005-02-085-10 at Station 9265 + 00, said point of beginning is 1950.4 feet North of and 372.5 feet East of the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 6 North, Range 1 East; from said point of beginning run thence North 29 degrees 00’ East, a distance of 26.4 feet to a point on the present Southerly right-of-way line of Eastover Drive; thence run South 61 degrees 15’ East along said present Southerly right-of-way line of Eastover Drive, a distance of 409.6 feet to a point that is 42.68 feet Southerly of and measured radially to Station 16 + 15 on the centerline of the relocation of said Eastover Drive as shown on the plans for said project; thence run South 62 degrees 15’ West, a distance of 44.8 feet; thence run North 89 degrees 56’ West, a distance of 31.5 feet to a point that is 95 feet Southerly of and perpendicular to the centerline of said relocation of Eastover Drive at Station 15 + 61.925; thence run North 58 degrees 32’ West, a distance of 92.1 feet; thence run South 42 degrees 23’ West, a distance of 61.8 feet; thence run North 61 degrees 39’ West, a distance of 30.0 feet; thence run North 28 degrees 21’ East, a distance of 95.0 feet to a point that is 55 feet Southerly of and perpendicular to the centerline of said relocation of Eastover Drive at Station 14 + 25; thence run North 61 degrees 39’ West, a distance of 75.0 feet; thence run North 67 degrees 22’ West, a distance of 100.5 feet; thence run North 63 degrees 27’ West, a distance of 45.2 feet to the point of beginning, containing 14,868.52 square feet or 0.341 acres, more or less, and all being situated in and a part of the Southwest 1/4 of the Southwest 1/4 of Section 24, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi. No access will be permitted across the retaining wall between Point “A” and Point “B” as shown on the right-of-way plans for the above mentioned Federal Aid Highway Project. PARCEL NO. 5 Begin at the point of intersection of the North line of grantors’ property with the present Easterly right-of-way line of Interstate Highway No. 55, said point is 0.4 feet North of and 745.9 feet West of the Northeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 6 North, Range 1 East; from said point of beginning run thence East along the North line of grantors’ property, a distance of 22.32 feet to a line that is 26 feet Easterly of and parallel with the centerline of the relocation of the East Frontage Road as shown on the plans for Federal Aid Project No. 51-0055-02-085-10; thence run Southeasterly along said parallel line and along the circumference of a circle to the left having a radius of 1611.02 feet, a distance 53.76 feet to the present Easterly right-of-way line of said Interstate Highway No. 55, thence run North 12 degrees 30’ West along said present Easterly right-of-way line, a distance of 47.16 feet; thence run North 05 degrees 53’ East along said present Easterly right-of-way line, a distance of 6.22 feet to the point of beginning, containing 621.05 square feet or 0.014 acres, more or less, and being situated in and a part of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi.

Miss. Code Ann. § 65-1-163 Disposition of proceeds of sale authorized by Section 65-1-161.

When the property described in Section 65-1-161 is conveyed to the Mississippi Highway Department as authorized, the proceeds from this conveyance of parcels 1, 2, 3 and 4, shall be deposited to the credit of the Mississippi School for the Deaf and the Mississippi School for the Blind, in a special account created in the State Treasury for the use of the Governor’s Office of General Services, Bureau of Building, Grounds and Real Property Management for the renovation of capital improvements of buildings and grounds on school property. The proceeds from the conveyance of the property in parcel 5 shall be deposited to the credit of Special Fund Account of the Mississippi Department of Agriculture and Commerce for the use and benefit of the Mississippi Agriculture and Forestry Museum. Monies in the special funds shall be expended only upon appropriation by the Legislature and upon requisitions signed by the proper person, officer or officers. Any monies appropriated from the special funds shall be in addition to other legislative appropriations which shall not be reduced because of the existence of the special fund.

Miss. Code Ann. § 65-1-165 Contract for development of comprehensive statewide litter prevention program.

The State Highway Department is hereby authorized to execute a contract with Keep Mississippi Beautiful, Inc., to develop and implement a comprehensive statewide program of litter prevention. The contract shall contain provisions to require that Keep Mississippi Beautiful, Inc., will: Encourage and assist local communities to become certified Keep America Beautiful systems. Serve as a state clearinghouse of information on ideas and projects to make local litter prevention programs more effective. Implement statewide communication programs to alert people to the problem of littering and how it can be corrected. Coordinate an annual statewide project which will heighten public awareness of the problem of littering. Establish an annual awards program to recognize individual and community achievement in litter prevention. Serve as the authority which approves and disburses financial assistance to any nonprofit corporation, county or municipality which, in a written application, seeks such assistance to implement a local litter prevention project. The financial assistance authorized herein shall not exceed forty percent (40%) of the cost of the local litter prevention project for which such assistance is sought. Encourage donation of funds from the private sector to assist in defraying the operation of the litter prevention program implemented pursuant to this section. The contract may include any additional provisions which the highway department deems necessary to effectuate the litter prevention program contemplated by this section. Keep Mississippi Beautiful, Inc., shall submit to the highway department on or before August 1 of each year a written report detailing the operation of the litter prevention program statewide and its expenditure of monies for such program during the preceding state fiscal year.

Miss. Code Ann. § 65-1-167 Statewide litter prevention fund.

There is hereby created in the State Treasury a special fund to be known as the Statewide Litter Prevention Fund. Monies may be expended out of such fund, pursuant to appropriation by the Legislature, to implement the statewide litter prevention program established under the provisions of Section 65-1-165. Disbursements from such fund shall be made only upon requisition of the Director of the State Highway Department with the approval of the State Highway Commission.

Miss. Code Ann. § 65-1-169 Removal or termination of obstructions, encroachments and unauthorized uses of property acquired for highway purposes.

The State Highway Commission is hereby authorized to maintain property acquired for highway purposes free and clear of any obstruction, encroachment or any other use not authorized by the commission. Before removing or terminating any obstruction, encroachment or other unauthorized use, the State Highway Commission shall give notice by registered mail to the offending party of its intention to remove or terminate such obstruction, encroachment or other unauthorized use unless, within forty-five (45) days from the date such notice is mailed, the offending party institutes a civil action in any court of competent jurisdiction with respect to the removal or termination proposed by the Highway Commission. When the State Highway Commission has removed or terminated any obstruction, encroachment or other unauthorized use after the mailing of notice as required above and upon the failure of the offending party to institute an action within the forty-five-day time period, the Highway Commission may institute a civil action in any court of competent jurisdiction against the offending party for all costs incurred in the removal or termination thereof. The State Highway Commission, the State Highway Department and State Highway Department personnel shall not be liable, civilly or criminally, for any property damages or personal injuries incurred by any person for the removal or termination of such obstruction, encroachment or unauthorized use in accordance with the provisions of this section provided that reasonable care is exercised in the termination or removal of the obstruction, encroachment or unauthorized use. The provisions of this section shall not be construed as a waiver, in whole or in part, of the sovereign immunity of the state, the State Highway Commission or the State Highway Department. The provisions of this section shall apply only to the removal or termination of obstructions, encroachments or other unauthorized uses of property acquired for highway purposes which first occur or are created on or after July 1, 1988. The provisions of this section shall not apply to or affect any right or remedy which the State Highway Commission was authorized by law prior to July 1, 1988, to exercise in the removal or termination of any such obstructions, encroachments or other unauthorized uses occurring or created before July 1, 1988.

Miss. Code Ann. § 65-1-171 Construction of bridge across Pearl River at City of Jackson connecting counties of Rankin and Hinds.

Pursuant to federal appropriations for transportation system improvements, the Mississippi Department of Transportation is hereby authorized and empowered to construct a road and bridge along the following route: Begin at or near North State Street in the City of Jackson’s central business district and extend in an easterly direction across the Pearl River to Mississippi 475 at or near the entrance to the Jackson International Airport, for a total distance of approximately 4.6 miles. Final roadway alignment will be determined by a feasibility study. To defray the cost of the project, the department shall utilize only monies made available to it from the boards of supervisors and the governing authorities of the counties and municipalities within which such project is located; however, the department may utilize state funds to match any federal funds which are specially provided for preliminary engineering, right-of-way acquisition and construction for the connections between I-55 and Mississippi 475 at or near the entrance to the Jackson International Airport, in addition to those federal funds with obligational authority as are regularly apportioned and appropriated to the State of Mississippi for highway purposes. Accessory improvements shall be made to local streets to accommodate traffic generated by the project. All improvements shall conform to congressional appropriations enacted for planning and construction of the project.

Miss. Code Ann. § 65-1-173 Employment of inspectors to enforce and investigate violations of railroad laws and related mandates.

For the purpose of enforcing and investigating all violations of the railroad laws, and the rules, regulations and general orders of the Mississippi Transportation Commission promulgated thereunder, the commission is hereby authorized to employ five (5) inspectors and one (1) railway safety coordinator. The salaries of the inspectors and the safety coordinator shall be fixed by the commission, subject to the state personnel system law as provided under Section 25-9-101 et seq. The inspectors shall devote their full time to the performance of their duties and shall take an oath faithfully to perform the duties of their positions. The commission shall require bonds to be carried on such employees as the commission may deem necessary, the cost thereof to be paid by the commission. The inspectors shall be selected after an examination, as prescribed by the commission, as to physical and mental fitness, knowledge of the railroad laws, the rules and regulations of the commission, the laws of this state pertaining to arrest and any other examination as may be prescribed by the commission. An inspector, at the time of appointment, shall be a citizen of the State of Mississippi, of good moral character, and shall not be less than twenty-one (21) years of age. The inspectors of the Mississippi Transportation Commission may enter upon private property upon which a railroad facility is located that is connected to but not a part of the general railroad system of transportation, at reasonable times and in a reasonable manner to perform an inspection, investigation or surveillance of facilities, equipment, records and operations relating to the packaging, loading or transportation of hazardous materials or other materials to determine whether the railroad facility complies with the applicable federal or state safety statutes, rules, regulations or orders. Any inspection, investigation or surveillance performed on the site of a manufacturing facility shall be performed in compliance with the safety rules or regulations of the facility.

Miss. Code Ann. § 65-1-175 Jurisdiction and powers of Department of Transportation with respect to roadway/railway crossings.

The jurisdiction of the Mississippi Department of Transportation shall be exclusive with respect to public roadway/railroad crossings either at grade or otherwise except to the extent that its jurisdiction is preempted by valid federal statute, regulation or order. The Mississippi Department of Transportation shall have power, upon its own motion or upon complaint filed, after having made proper investigation, and after notice and hearing, if requested, to abolish any public roadway/railroad crossing heretofore or hereafter established, to vacate and close that part of the roadway on such crossing abolished, and to erect barricades across the roadway in such a manner as to prevent the use of such crossing as a roadway, when, in the opinion of the department, the public necessity served by the crossing in question is not such as to justify the further retention thereof. In any event, if a roadway/railway crossing is the subject of closure proceedings, both the local governmental entity and the rail carrier shall be given formal written notice by the department before any hearing is conducted by the department. However, a public hearing by the department to abolish a crossing shall not be required when the public roadway authority in interest vacates the roadway. In such instances, the rail carrier, following notification to the department and roadway authority, shall remove any grade crossing warning devices and the grade crossing surface. The Mississippi Department of Transportation shall have power, upon its own motion, or upon complaint, and after having made proper investigation and after notice and hearing, if requested, to require the installation of adequate and appropriate luminous reflective warning signs, luminous flashing signals, crossing gates illuminated at night, or other warning devices in order to promote the health and safety of the public. Luminous flashing signals or crossing gate devices heretofore installed at grade crossings and those installations hereafter approved by the department shall be deemed adequate and appropriate. The department shall have authority to determine the number, type and location of such signs, signals, gates or other protective devices which shall conform as near as may be with generally recognized national standards, and the department shall have authority to prescribe the division of the cost of the installation and subsequent maintenance of such signs, signals, gates or other warning devices between the rail carrier or carriers, the public highway authority in interest and the Mississippi Department of Transportation. In no event shall any costs assessed against either the public highway authority in interest or the rail carrier exceed ten percent (10%) of the costs of the materials and installation. Nothing in this section shall be construed as amending, repealing or modifying any duty or responsibility that railroads had, if any, immediately before July 1, 1992, with regard to any applicable state or federal laws, statutes, regulations or orders pertaining to the maintenance of signals, signs and warning devices at roadway/railroad crossings.

Miss. Code Ann. § 65-1-177 Department of Transportation, in consultation with Southern High-Speed Rail Commission and the Mississippi Development Authority, to promote passenger rail service and make recommendations regarding passenger rail infrastructure.

Working in consultation with the Southern High-Speed Rail Commission created in Section 57-45-1 and the Mississippi Development Authority, the Mississippi Department of Transportation shall promote passenger rail travel and service in the state and make recommendations for specific projects related to the construction, rehabilitation, maintenance, and improvement of the state’s passenger rail infrastructure, which shall include, but are not limited to, the following aspects: Insuring compatibility for a project or projects with opportunities for the state to obtain federal funding assistance that may be available for high-speed passenger rail service, which includes, but is not limited to, intercity passenger rail service that is capable of reaching speeds of one hundred ten (110) miles per hour; and Considering projects that create a series of corridor route rail segments with passenger service areas that are smaller than long-distance passenger trains and seek to connect major city pairs, in order to provide improved service at peak travel times and a higher frequency of trains.

Miss. Code Ann. § 65-1-179 Emergency Road and Bridge Repair Fund created; use of funds; Emergency Road and Bridge Repair Fund Advisory Board.

There is created in the State Treasury a special fund to be known as the “Emergency Road and Bridge Repair Fund,” into which shall be deposited money appropriated by the Legislature or otherwise made available in any manner, and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The expenditure of money deposited into the fund shall be under the direction of the Mississippi Department of Transportation, and such funds shall be paid by the Mississippi Department of Transportation upon warrants issued by the Department of Finance and Administration. Money in the fund shall be utilized by the Mississippi Department of Transportation, with the advice of the Emergency Road and Bridge Repair Fund Advisory Board, to provide funding for emergency repairs to roads, streets and highways in this state and emergency bridge repairs on public roads, streets and highways in this state, as determined by a unanimous vote of the Mississippi Transportation Commission. However, before the expenditure of money in the fund, the department shall promulgate rules and regulations as authorized in subsection (3) of this section. There is created the Emergency Road and Bridge Repair Fund Advisory Board which shall consist of the following members: The President and Chief Executive Officer of the Mississippi Economic Council; The President and Chief Executive Officer of the Mississippi Manufacturers Association; The President of the Mississippi Farm Bureau Federation; The President of the Mississippi Poultry Association; The President of the Mississippi Trucking Association; The Executive Director of the Mississippi Association of Supervisors; The Executive Director of the Mississippi Municipal League; The Executive Vice President of the Mississippi Cattlemen’s Association; The Executive Director of the Mississippi Loggers Association; and The Executive Director of the American Council of Engineering Companies-Mississippi. The Governor shall appoint the chairman of the board and the board shall elect such other officers as it considers necessary from among its members. A majority of the members of the board shall constitute a quorum for the conduct of meetings and all actions of the board shall be by a majority vote. No compensation, per diem or mileage expense shall be provided board members. The Governor’s office shall provide any necessary administrative support to the board. The board shall meet at least quarterly to conduct business. The board shall provide nonbinding advice to the Department of Transportation regarding the expenditure of money in the Emergency Road and Bridge Repair Fund. The Mississippi Department of Transportation shall have all powers necessary to implement and administer the program established under this section to maximize all potential sources of funding including state and federal, for projects covered by the program. Any available sources of funding may be combined to fund any project covered by the program. This includes state aid road funds and/or Local System Bridge Replacement and Rehabilitation Program funds, which may be used in conjunction with Emergency Road and Bridge Repair Fund monies within the discretion of the State Aid Engineer. Under no circumstances, however, shall Emergency Road and Bridge Repair Fund monies be used to reimburse any amount that has been expended on the project prior to the award of such monies to the recipient. When monies in the Emergency Road and Bridge Repair Fund are distributed for projects, such monies shall not be re-deposited in the State Treasury, absent extraordinary circumstances where the recipient must return monies received under the program. This requirement is not intended to inhibit state agencies from receiving Emergency Road and Bridge Repair Fund monies for appropriate projects or to curtail any proper transfer of monies to accomplish such a project. The department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.

Miss. Code Ann. § 65-1-301 Definitions.

For the purposes of this article the following terms shall have the meanings ascribed to them unless the context in which such terms are used otherwise requires: “Department” means the Mississippi Department of Transportation. “Judge” means the resident judge of the circuit or county court in the district where the cause is pending, or a special judge residing in the district, or the judge of the circuit or county court assigned to hold the courts of the district, or the emergency or special judge holding court in the county where the cause is pending.

Miss. Code Ann. § 65-1-303 Filing of complaint and declaration of taking.

When, in the exercise of its duties, the Mississippi Transportation Commission finds it necessary to condemn property, the commission shall institute a civil action by filing in the circuit or county court of any county in which the land is located a complaint and a declaration of taking that such land, easement or interest therein is thereby taken for the use of the Department of Transportation. The declaration shall contain or have attached thereto the following: A statement of the authority under which and the use for which the land is taken; A description of the entire tract or tracts affected by the taking sufficient for the identification thereof; A statement of the estate or interest in the land taken for public use and a description of area taken for the identification thereof; The names and addresses of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands, so far as the same can be by reasonable diligence ascertained; and, if any such persons are infant, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated; and A statement of the sum of money which constitutes the fair market value as determined by the Transportation Department to be just compensation for the taking. The complaint shall contain or have attached thereto the following: A statement of the authority under which and the public use for which the land is taken; A description of the entire tract or tracts affected by the taking sufficient for the identification thereof; A statement of the estate or interest in the land taken for public use and a description of the area taken sufficient for the identification thereof; The names and addresses of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands, so far as the same can be by reasonable diligence be ascertained; and, if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated; A statement as to such liens or other encumbrances as the Transportation Department is informed and believes are encumbrances upon the real estate and can by reasonable diligence be ascertained; and A prayer that there be a determination of just compensation in accordance with the provisions of this article. The filing of the complaint and the declaration of taking shall be accompanied by the deposit of the sum of money, the fair market value, determined by the Transportation Department to be just compensation for the taking; and, upon the filing of the complaint and the declaration and deposit of the sum, summons shall be issued and, together with a copy of the complaint and the declaration of taking and notice of the deposit, shall be served upon the person named therein in the manner now provided for the service of process in civil actions. The Transportation Department may amend the complaint and declaration of taking and may increase the amount of its deposit with the court at any time while the proceeding is pending, and the owner shall have the same rights of withdrawal of this additional amount as set forth in Section 65-1-307.

Miss. Code Ann. § 65-1-305 Transfer of title.

Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the amount of the compensation stated in the declaration, and upon the Transportation Department having filed proof of service of process, title to the land or such other interest therein specified in the complaint and the declaration of taking, together with the right to immediate possession thereof, shall vest in the Mississippi Transportation Commission, and the judge shall enter such orders in the cause as may be required to place the Transportation Commission in possession and title. Thereafter, the land shall be deemed to be condemned and taken for use of the Transportation Department, and the right to just compensation therefor shall vest in the person owning the property or any compensable interest therein at the time of the filing of the complaint and the declaration of taking and deposit of the money in court. Compensation shall then be determined and awarded in the action and established by judgment therein. If there is a life estate and a remainder, either vested or contingent, in lieu of the investment of the proceeds of the amount determined and awarded as just compensation to which the life tenant would be entitled to the use during the life estate, the court, in its discretion, may order the value of the life tenant’s share during the probable life of such life tenant to be ascertained as provided by law and paid directly to the life tenant out of the final award as just compensation established by the judgment in the cause, and the life tenant may have the relief provided for in Section 65-1-307. On and after July 1, 1997, the Transportation Department, at the time of the filing of the complaint and declaration of taking and deposit of fair market value compensation, shall record a memorandum of action in the land deed records of the chancery clerk in all counties in which the land involved therein is located, and the memorandum shall be recorded among the land records of the county. Upon the amending of any complaint and declaration of taking affecting the property taken, the Transportation Department shall record a supplemental memorandum of action. The memorandum of action shall contain the following: The names of those persons who the Transportation Department is informed and believes may have or claim to have an interest in the lands and who are parties to the action; A description of the entire tract or tracts affected by the taking sufficient for the identification thereof; A statement of the estate or interest in the land taken for public use; and The date of institution of the action, the county in which the action is pending, and such other reference thereto as may be necessary for the identification of the action.

Miss. Code Ann. § 65-1-307 Application for full or just compensation.

The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge, unless there is a dispute as to title, shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. The judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable. No notice to the Transportation Department of the hearing upon the application for disbursement of deposit shall be necessary, but a copy of the order disbursing the deposit shall be served upon the secretary of the Transportation Commission, or such other process agents as may be designated by the Transportation Department.

Miss. Code Ann. § 65-1-309 Procedure for filing an answer to complaint.

Any person whose property has been taken by the Transportation Department by the filing of a complaint and a declaration of taking may, within the time hereinafter set forth, file an answer to the complaint praying only for a determination of just compensation. No answer shall be filed to the declaration of taking and notice of deposit. The answer, in addition, shall contain the following: Such admissions or denials of the allegations of the complaint as are appropriate; The names and addresses of the persons filing the answer, together with a statement as to their interest in the property taken; and Such affirmative defenses or matters as are pertinent to the action. A copy of the answer shall be served on the Transportation Department, or such other process agents as may be designated by the department, in Jackson, Mississippi, provided that failure to serve the answer shall not deprive the answer of its validity. The affirmative allegation of the answer shall be deemed denied; however, the Transportation Department may file a reply within thirty (30) days from receipt of a copy of the answer. The Transportation Department, within ninety (90) days from the receipt of the answer, shall file in the cause a plat of the land taken and such additional area as may be necessary to properly determine the damages, and a copy thereof shall be mailed to the parties or their attorney; however, the department shall not be required to file a map or plat in less than six (6) months from the date of the filing of the complaint.

Miss. Code Ann. § 65-1-311 Time for filing an answer to complaint.

Any person named in and served with a complaint and declaration of taking shall have twelve (12) months from the date of service thereof to file an answer. Failure to answer within the time shall constitute an admission that the amount deposited is just compensation and shall be a waiver of any further proceeding to determine just compensation. In such event, the judge shall enter final judgment in the amount deposited and order disbursement of the money to the owner. However, at any time before the entry of the final judgment, the judge, for good cause shown and after notice to the plaintiff, may extend the time for filing the answer for thirty (30) days.

Miss. Code Ann. § 65-1-313 Motion to hear and determine issues raised in pleadings.

After the filing of the plat, the judge, upon motion and ten (10) days’ notice by either the Transportation Department or the owner shall, either in or out of term, hear and determine all issues raised by the pleading other than the issue of just compensation, including, if controverted, questions of necessary and proper parties, title to the land, interest taken and area taken.

Miss. Code Ann. § 65-1-315 Appointment of attorney or guardian ad litem.

The judge may appoint some competent attorney to appear for and protect the rights of any party or parties in interest who are unknown or whose residence is unknown and who have not appeared in the proceeding represented by an attorney or agent. The judge shall appoint guardians ad litem for these parties who are minors, incompetents, or other parties who may be under a disability and without general guardian. The judge may make additional parties as he deems necessary to the complete determination of the proceeding and may enter such other orders, either in law or equity, as may be necessary to carry out the provisions of this article. Upon the coming on of the cause for hearing pursuant to Section 65-1-311, or upon the coming on of the cause for trial, the judge, in order that the material ends of justice may be served, upon his own motion or upon motion of any of the parties thereto and upon proper showing that the effect of condemnation upon the subject property cannot presently be determined, may continue the cause until the highway project under which the appropriation occurred is open to traffic or until such earlier time as, in the opinion of the judge, the effect of condemnation upon the property may be determined.

Miss. Code Ann. § 65-1-317 Takings by department without filing complaint or declaration.

Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Transportation Department without the filing of a complaint and declaration of taking by the department may, within twenty-four (24) months of the date of the taking of the affected property or interest therein or the completion of the project involving the taking, whichever occurs later, file a complaint in the circuit or county court setting forth the names and places of residence of the parties, so far as the same can by reasonable diligence be ascertained, who own or have, or claim to own or have estates or interests in the real estate. If any such persons are under a legal disability, it must be so stated, together with a statement as to any encumbrances on the real estate. The complaint shall further allege with particularity the facts which constitute the taking together with the dates on which they allegedly occurred. The complaint shall describe the property allegedly owned by the parties and shall describe the area and interests allegedly taken. Upon the filing of the complaint, summons shall issue and, together with a copy of the complaint, shall be served on the Transportation Department as provided in Section 65-1-309. The allegations of the answer shall be deemed denied; however, the Transportation Department, within sixty (60) days of service of summons and complaint, may file an answer. If the taking is admitted by the Transportation Department, it, at the time of filing answer, shall deposit with the court the fair market value of compensation for the taking; and notice of the deposit shall be given to the owner. The owner may apply for disbursement of the deposit, and disbursement shall be made in accordance with applicable provision of Section 65-1-307. If a taking is admitted, the Transportation Department, within ninety (90) days of the filing of the answer to the complaint, shall file a map or plat of the land taken. This procedure shall be followed for the purpose of determining all matters raised by the pleading and the determination of just compensation. The plaintiff, at the time of filing of the complaint, shall record a memorandum of action in the land deed records in the office of the chancery clerk in all counties in which the land involved is located. The memorandum of action shall contain the following: The names of those persons who the plaintiff is informed and believes may have or claim to have an interest in the lands and who are parties to the action; A description of the entire tract or tracts affected by the alleged taking sufficient for the identification thereof; A statement of the estate or interest in the land allegedly taken for public use; and The date on which plaintiff alleges the taking occurred, the date on which the action was instituted, the county in which it was instituted and such other reference thereto as may be necessary for the identification of the action.

Miss. Code Ann. § 65-1-319 Measure of damages.

The following shall be the measure of damages to be followed by the jury or judge who determines the issue of just compensation: If only a part of a tract is taken, the measure of just compensation for the taking shall be the difference between the fair market value of the entire tract immediately before the taking and the fair market value of the remainder immediately after the taking, with consideration being given to any special or general benefits resulting from the utilization of the part taken for transportation purposes. If the entire tract is taken the measure of just compensation for the taking shall be the fair market value of the property at the time of taking.

Miss. Code Ann. § 65-1-321 Interest on just compensation award.

To the amount awarded as just compensation by the jury or judge, the judge, as part of just compensation, shall add interest at the legal rate for judgments on the amount from the date of taking to the date of judgment; but interest shall not be allowed from the date of deposit on so much thereof as shall have been paid into court as provided in this article.

Miss. Code Ann. § 65-1-323 Time and place of hearing.

An order of the court shall fix the time and place for the hearing either in term time or vacation, and a certified copy shall be given to the court administrator. If the hearing is set during term time, it shall be given priority over any other matter and shall utilize the regular jury panel that has been summoned. If the hearing is set in vacation, the order of the court shall direct the clerk to summon the necessary jurors to appear at the time and place designated by the order.

Miss. Code Ann. § 65-1-325 Separate causes of action; jury; judgment.

Each different property, identified by separate ownership, shall constitute a separate civil action and shall require trial, unless otherwise agreed by all parties with the approval of the court. Trial shall be to a jury of twelve (12), which shall be examined and empaneled in accordance with the Mississippi Rules of Civil Procedure. Alternatively, trial may be to the court as provided by the Mississippi Rules of Civil Procedure. In the trial of all cases provided for in this article, nine (9) jurors may bring in a verdict as in other civil cases. The verdict of the jury may be in the following form: “We, the jury, find that the defendant(s) _______________is/are entitled to just compensation for the acquisition of his/her/their property for the public use in the sum of $ _______________ .” Upon the return of the verdict by the jury or court, the court shall enter a judgment as follows, viz: “In this case the claim of (plaintiff name) to have condemned certain lands named in the complaint, to-wit: (here describe the property), being the property of (insert defendants’ names) was submitted to a jury (or the court) on the_______________day of_______________ , A.D._______________ , and the jury (or court) having returned a verdict fixing the defendant’s just compensation at $ _______________ , the verdict was received and entered. Now, upon payment of the award with legal interest from the date of the filing of the complaint, the property is vested in plaintiff by virtue of the judgment entered herein.”

Miss. Code Ann. § 65-1-327 Conformance to other civil actions.

In all cases of procedure under this article, whenever the mode or manner of conducting the action is not expressly provided for in this article or by the Mississippi Rules of Civil Procedure, or whenever the rules of civil procedure are inapplicable, the judge before whom such proceeding may be pending may make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of this article. The practice in such cases shall conform as nearly as practicable to the practice in other civil actions in the courts.

Miss. Code Ann. § 65-1-329 Final judgments; form.

Final judgments entered in actions instituted under the provisions of this article shall contain a description of the property affected, together with a description of the property and estate of interest acquired by the Transportation Department. A copy of the judgment shall be certified and filed in the land deed records in the chancery clerk office of the county in which the land or any part thereof lies.

Miss. Code Ann. § 65-1-331 Just compensation; adverse or conflicting claimants.

If there are adverse and conflicting claimants to the deposit made into the court by the Transportation Department or the additional amount determined as just compensation on which final judgment is entered in the action, the judge may direct the full amount determined to be paid into the court by the Transportation Department, shall release the department from any further involvement and may retain the cause for determination of who is entitled to the monies. By further order in the cause, the court may direct to whom the monies shall be paid and, in its discretion, may order a hearing to ascertain the facts on which such determination and order are to be made.

Miss. Code Ann. § 65-1-333 Written agreement in lieu of complaint or declaration of taking.

The provisions of this article shall not prevent the transportation department and the owner from entering into a written agreement whereby the owner agrees and consents that the department may enter upon his property without filing the complaint and declaration of taking and depositing the estimated compensation as provided in this article. The department shall have the same rights under such agreement with the owner in carrying on work on such project as it would have by having filed a complaint and a declaration of taking and having deposited the estimated compensation as provided in this article.

Miss. Code Ann. § 65-1-335 Authority of department to enter land to make surveys or other examinations.

The Transportation Department, without having filed a complaint and a declaration as provided in this article, may enter upon any lands and structures to make surveys, borings, soundings, environmental assessments or examinations as may be necessary in carrying out and performing its duties and responsibilities. Any such entry shall not be deemed a trespass or taking within the meaning of this article; however, the department shall make reimbursement for any damage resulting to such land from such activities, and the owner, if necessary, shall be entitled to proceed under the provisions of Section 65-1-317 to recover for such damages.

Miss. Code Ann. § 65-1-337 Reimbursement of real property taxes.

A property owner whose property is totally taken in fee simple by the transportation department exercising the power of eminent domain under this article or under any other statute, shall be entitled to reimbursement from the department of the pro rata portion of real property taxes paid that are allocable to a period subsequent to the vesting of title in the department or subsequent to the effective date of possession of such real property, whichever is earlier.

Miss. Code Ann. § 65-1-339 Transportation Department entitled to recover amount of deposit exceeding that of final judgment.

If the amount of the final judgment is less than the amount deposited by the Transportation Department pursuant to the provisions of this article, the department shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court costs incident thereto. If there are not sufficient funds on deposit to cover the excess, then the department shall be entitled to a judgment for the sum against the person or persons having received the deposit.

Miss. Code Ann. § 65-1-341 Payment of court costs; right of appeal.

The Transportation Department shall pay all court costs taxed by the court. Either party shall have a right of appeal to the Supreme Court for errors of law committed in any proceedings provided for in this article in the same manner as in any other civil actions, and it shall not be necessary that an appeal bond be posted. The court having jurisdiction of the condemnation action instituted by the department to acquire real property by condemnation shall award the owner any right or title to, or interest in, such real property a sum as will in the opinion of the court reimburse such owner for his reasonable cost, disbursements and expenses, including reasonable attorney fees, appraisal and engineering fees, actually incurred because of the condemnation proceedings, if (a) the final judgment is that the department may not acquire real property by condemnation; or (b) the proceedings are abandoned by the department.

Miss. Code Ann. § 65-1-343 Prepayment of court costs.

The circuit clerks and chancery clerks shall not require the transportation department when following the procedure established in this article to prepay the cost of filing of a court action, filing of an instrument or obtaining a copy of any filed instrument from the office of chancery or circuit clerk. The clerk shall furnish an itemized statement and the payment shall be paid in the normal course of business.

Miss. Code Ann. § 65-1-345 Relationship to other laws.

The provisions of this article shall not be considered as amending or repealing any other provisions of law that prescribe a procedure for the acquisition of property through eminent domain or condemnation proceedings but shall be considered as a method and procedure that may be employed by the Mississippi Transportation Commission and the Mississippi Department of Transportation as an alternative to any eminent domain or condemnation proceedings as are otherwise prescribed by law.

Miss. Code Ann. § 65-1-347 Due process.

Nothing in this article shall be construed so as to deprive the owner of the property or interest in the property which is the subject of acquisition pursuant to this article of due process of law as guaranteed by the Constitutions of the State of Mississippi and of the United States.

Miss. Code Ann. § 65-1-501 Legislative intent.

It is the intent of the Legislature to promote and provide services economically and to streamline the process for the weighing of vehicles, the issuance of permits, the collections of taxes, fees, and assessments and for the enforcement of the laws of this state, and rules and regulations promulgated by the Mississippi Transportation Commission and the laws of the contiguous states and their appropriate agencies and departments, by authorizing the Mississippi Transportation Commission to enter into bilateral agreements with contiguous states through their appropriate officials, departments or agencies, to jointly locate, construct, staff and operate permanent and portable weight scales or ports of entry and for the enforcement of the laws of this state and the rules and regulations of the Mississippi Transportation Commission, and the laws of such contiguous states and its agencies and departments.

Miss. Code Ann. § 65-1-503 Authority to negotiate and enter into interstate agreements.

The Mississippi Transportation Commission may negotiate and enter into interstate agreements with contiguous states through their appropriate officials, departments or agencies, to jointly provide for the location, construction, staffing and operation of portable or permanent scales for the weighing of vehicles and trailers, for the issuance of permits, for the collection of fees, taxes, and assessments, and for the enforcement of the laws of this state and the rules and regulations of the Mississippi Transportation Commission, and the laws of such contiguous states and the rules and regulations of its appropriate agencies or departments.

Miss. Code Ann. § 65-1-505 Contents of agreements; collection and distribution of monies.

The interstate agreement may authorize employees of either state to weigh machinery, vehicles, trailers and other equipment under the jurisdiction of the Mississippi Transportation Commission, issue permits, collect fees, taxes, interests and penalties imposed by the laws, rules or regulations of either state or its agencies and departments, enforce the laws of either state and the rules and regulations of the Mississippi Transportation Commission and the appropriate agency or department of such contiguous state. All fees, taxes, assessments, interest and penalties imposed and collected for and on behalf of the State of Mississippi in a contiguous state or by any employee of a contiguous state pursuant to an interstate agreement entered into under Sections 65-1-501 through 65-1-513 shall be collected, paid and distributed to the Mississippi Transportation Commission or other appropriate agency of this state as otherwise provided by law for the collection, payment and distribution of such fees, taxes, assessments, interest and penalties in this state.

Miss. Code Ann. § 65-1-507 Enforcement employees; appointments; positions in other states or departments.

The Mississippi Transportation Commission may appoint employees of the contiguous states as duly authorized and empowered enforcement officers of the Mississippi Transportation Commission for the enforcement of tax, weight, size and load, equipment, safety and all other laws, rules and regulations of this state and the Mississippi Transportation Commission relating to vehicles entering into, exiting, or traveling upon the highways of this state, and may allow employees of the Mississippi Transportation Commission to accept similar positions or appointments with any contiguous state or the appropriate agency or department of such state and to enforce the rules, regulations and laws of such state or its agencies or departments.

Miss. Code Ann. § 65-1-509 Employees of contiguous states as employees of Mississippi; compensation and benefits; civil and criminal liability.

Any employee of a contiguous state which enters into an interstate agreement under the authority of Sections 65-1-501 through 65-1-513 shall not become an employee of this state or of the Mississippi Transportation Commission, and shall not be compensated by this state or be entitled to any employment benefits either directly or indirectly from this state or the Mississippi Transportation Commission. The State of Mississippi or the Mississippi Transportation Commission or its officers, agents or employees shall not be subject to civil or criminal liability for the actions or inactions of such person.

Miss. Code Ann. § 65-1-511 Employees of this state accepting employment with contiguous states; status; compensation.

Employees of this state who accept appointments from a contiguous state shall not, by virtue of their appointment, be considered an employee of that state, be compensated by that state or be considered an employee of that state for the purposes of employment rights.

Miss. Code Ann. § 65-1-513 Rules and regulations; authority to enact.

The Mississippi Transportation Commission may enact all rules and regulations necessary to implement the provisions of Sections 65-1-501 through 65-1-513 and the authority granted in Sections 65-1-501 through 65-1-513 shall be in addition to the powers granted to the Mississippi Transportation Commission by Section 65-1-8.

Miss. Code Ann. § 65-1-701 Definitions.

As used in this article: “Airport” means a publicly owned airport in Mississippi. “Fund” means the Multi-Modal Transportation Improvement Fund created in Section 65-1-703. “MDA” means the Mississippi Development Authority. “MDOT” means the Mississippi Department of Transportation. “Modes” means airports, ports, railroads and transit systems. “Port” means a public port in Mississippi. “Railroad” means a publicly owned short line railroad in Mississippi and regional railroad authority as defined in 19-29-5. “Transit system” means a public transit system in Mississippi.

Miss. Code Ann. § 65-1-703 Multi-Modal Transportation Improvement Fund.

There is established in the State Treasury a special fund to be designated as the “Multi-Modal Transportation Improvement Fund” into which shall be deposited such state funds as may be designated for deposit therein. Unexpended amounts remaining in the fund at the end of the state fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund. Money in the fund shall be expended by MDOT as provided for in this article for the improvement of airports, ports, railroads and transit systems in Mississippi.

Miss. Code Ann. § 65-1-705 Port Multi-Modal Fund Committee; Airport Multi-Modal Fund Committee; Railroad Multi-Modal Fund Committee; Public Transit Multi-Modal Fund Committee.

There is hereby created the Port Multi-Modal Fund Committee whose membership shall consist of: Seven (7) directors of ports, appointed by the President of the Mississippi Water Resources Association, or their designees, as follows: three (3) directors of the coastal ports and four (4) directors of the inland river ports; The Executive Director of MDA, or his designee; The Executive Director of MDOT, or his designee; and The Executive Director of the Mississippi Water Resources Association, or his designee. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year. There is hereby created an Airport Multi-Modal Fund Committee whose membership shall consist of: Five (5) directors of airports appointed by the President of the Mississippi Airport Association, or their designees, at least three (3) of whom shall represent airports with commercial passenger service; The Executive Director of MDA, or his designee; and The Executive Director of MDOT, or his designee. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year. There is hereby created the Railroad Multi-Modal Fund Committee whose membership shall consist of: The director of each railroad, or his designee; The Executive Director of MDA, or his designee; and The Executive Director of MDOT, or his designee. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year. There is hereby created the Public Transit Multi-Modal Fund Committee whose membership shall consist of: Three (3) directors of transit systems, other than the Coast Transit Authority and the City of Jackson Transit System serving the greater Jackson urbanized area, appointed by the President of the Mississippi Public Transit Association, or their designees; The Executive Director of MDA, or his designee; and The Executive Director of MDOT, or his designee. A majority of the membership of the committee shall constitute a quorum. MDOT shall call meetings of the committee and shall call a meeting for the purpose of reviewing and approving applications as required in Section 65-1-707 by not later than August 1 of each fiscal year.

Miss. Code Ann. § 65-1-707 Allocation of funds; criteria.

During each state fiscal year, MDOT shall distribute the money in the fund among the various modes as follows: Thirty-eight percent (38%) shall be distributed to ports; Thirty-four percent (34%) shall be distributed to airports; Sixteen percent (16%) shall be distributed to transit systems; and Twelve percent (12%) shall be distributed to railroads. In order for a port to receive money allocated under subsection (1) of this section, the port shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Port Multi-Modal Fund Committee. The Port Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be: Directly related to dredging, capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses; For a project or use directly related to the operation of the port in its modal role; and For a purpose outside the normal operating budget of the port. In order for an airport to receive money allocated under subsection (1) of this section, the airport shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Airport Multi-Modal Fund Committee. The Airport Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be: Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses; For a project or use directly related to the operation of the airport in its modal role; and For a purpose outside the normal operating budget of the airport. In order for a railroad to receive money allocated under subsection (1) of this section, the railroad shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Railroad Multi-Modal Fund Committee. The Railroad Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be: Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses; For a project or use directly related to the operation of the railroad in its modal role; and For a purpose outside the normal operating budget of the railroad. Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to Coast Transit Authority. Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to the City of Jackson Transit System serving the greater Jackson urbanized area. The remainder of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT among other transit systems. In order to receive funds under subsection (1) of this section, any such transit system shall file an application with MDOT describing how the money will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Public Transit Multi-Modal Fund Committee. The Public Transit Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate. As a condition for the receipt of any funds distributed under this section, the port, airport, railroad or transit system shall be required to fund, from public or private sources, not more than ten percent (10%) of the total cost of the project or purpose for which the funds are to be spent. The percentage amount of such matching fund requirement shall be determined by MDOT. In addition to such other contributions and expenditures as may be considered acceptable by MDOT, in-kind contributions and expenditures for the following shall be credited toward the above matching requirement: Pre-construction studies, planning and design; Personal property acquisition; Real property acquisition, reclamation and related relocation costs; Professional services; and Construction. In addition to such other expenditures as may be deemed appropriate by MDOT or hereunder, money distributed from the fund may be used to meet federal matching fund requirements and for pre-construction studies, planning and design; personal property acquisition; real property acquisition, reclamation and related relocation costs; professional services; and construction.

Miss. Code Ann. § 65-1-709 Joint Legislative Multi-Modal Fund Committee; Department of Transportation to submit annual report to joint committee.

There is hereby created the Joint Legislative Multi-Modal Fund Committee which shall consist of the Chairman of the Senate Highways and Transportation Committee, or his designee; the Chairman of the Senate Ports and Marine Resources Committee, or his designee; the Chairman of the House Transportation Committee, or his designee; and the Chairman of the House Ports, Harbors and Airports Committee, or his designee. Administration of this article shall be subject to oversight by the Joint Legislative Multi-Modal Fund Committee. MDOT shall annually prepare at its expense a written report on administration of the fund which shall include, without limitation, a description of all applications for funding received under this article, the status of each application, the criteria used to evaluate such application, and an analysis of the return and benefits from funding projects under this article. MDOT shall consult with the committees established in Section 65-1-705 when preparing such report and provide sufficient copies of the report at no cost to such committees. MDOT shall submit such report to the Joint Legislative Multi-Modal Fund Committee by not later than September 1 of each year.

Miss. Code Ann. § 65-1-711 Repealed.

Repealed by Laws, 2004, ch. 326, § 4 effective July 1, 2004. [Laws 2001, ch. 552, § 6, eff from and after July 1, 2001.]