Acquisition of lands by commission; authorization.

Miss. Code Ann. § 55-7-13
in effect
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The bridge and park commission shall have the power, among others, in the case of the municipal agency, to acquire for park, recreational, harbor development and other similar purposes, by the exercise of eminent domain or otherwise, and by gift, grant or purchase, for any purpose of this chapter, an island or islands, in whole or in part, situated in the Gulf of Mexico or in the Mississippi Sound, and lying within three leagues of the nearest point of the corporate limits of the municipality involved; and, in the case of the county agency, to acquire for park, recreational, harbor development and other similar purposes by the exercise of eminent domain or otherwise, and by gift, grant or purchase, for any purpose of this chapter, an island or islands, in whole or in part, situated in the Gulf of Mexico or in the Mississippi Sound, and lying within the boundaries of the county involved. Said commission shall have the power to acquire, by eminent domain, gift, grant or purchase, such portion or portions of such island or islands as it may find to be needed for use in developing and financing the public improvements set forth in this chapter. Prior to the acquisition of any such real estate, the commission shall, by resolution spread upon its minutes, find, determine and adjudicate that the property to be so acquired is needed to aid in the financing of the improvements under this chapter. Any such commission which has acquired an island or islands, in whole or in part, adjacent to any submerged lands belonging to the State of Mississippi may purchase from the State of Mississippi a sufficient amount of such submerged lands to be reclaimed and added to such island or islands to be used, and developed for the purposes provided in this chapter. The state land commissioner, with the approval of the attorney general and the governor, is hereby authorized and empowered to sell and convey such submerged lands to such commission and to issue the state’s patent thereto. Said commission shall have the power to dredge, fill in and reclaim submerged lands adjacent to any such island or islands and to develop and utilize the same for any of the purposes set forth in this chapter, including the financing of the authorized public improvements. However, no normal or natural channel shall be obstructed so as to interfere with the normal navigation therein, it being the purpose and intention of this chapter to authorize the use and development of shallow bottoms and shoal waters in the areas herein set out for the purpose of filling and reclaiming same for the purposes herein set forth and where said bottoms are not susceptible to reasonable navigation at all times as a practical matter.

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