Natchez Trace Parkway

Miss. Code Ann. tit. 55, ch. 13
in effect

Miss. Code Ann. § 55-13-1 Creation and composition of Natchez Trace Parkway Commission; general powers and duties of commission; duration and compensation of commission.

There is hereby created a Natchez Trace Parkway Right-of-Way Commission, which shall consist of three (3) members to be appointed by the Governor. Only qualified electors who are citizens of the State of Mississippi shall be eligible to serve on said commission. The said commission shall have the power and the authority to deal with the boards of supervisors of the several counties through which said parkway runs, with the governing authorities of the municipalities through which said parkway runs, and with the State Highway Commission, and other state authorities, in procuring rights-of-way for the said parkway, satisfactory to the United States government and the agencies thereof in charge of the location and construction of the Natchez Trace Parkway. The said commission shall serve without pay and shall exist and function so long as is necessary to effectuate its purposes. When its purposes and duties have been accomplished, said commission shall be dissolved by order of the governor.

Miss. Code Ann. § 55-13-3 Acquisition of rights-of-way and scenic easements generally.

Whereas the United States government is about to undertake the construction of the Natchez Trace, which will be a highway in the State of Mississippi, and have in conjunction therewith a parkway, which highway will extend through the State of Mississippi for approximately three hundred miles and will entail an expenditure on the part of the federal government of not less than twelve million dollars ($12,000,000.00) provided that the United States government is supplied by the state or counties through which said Natchez Trace highway and parkway extends free rights-of-way, together with certain scenic easements along said right-of-way and parkway, the State Highway Commission of the State of Mississippi is hereby authorized and empowered to make use out of any available funds which it may have on hand or obtain such moneys as may be necessary for the purchase of lands and lease scenic easements for the Natchez Trace Parkway in the State of Mississippi or any other United States parkway project in the State of Mississippi which may be undertaken by the United States government. Said lands, when obtained by the state highway department either through purchase, gift or otherwise, may be given free to the United States or some of its subsidiary subdivisions on such terms and conditions as the United States government may demand and the State of Mississippi accede to.

Miss. Code Ann. § 55-13-5 Dimensions of rights-of-way and scenic easements.

Such right-of-way and parkway shall be of such size and dimension as may be required by the United States government or its subsidiaries in charge of any such parkway road, not exceeding, however, one hundred (100) acres on the average to the mile of such roadway in the State of Mississippi, and such scenic easements in addition thereto as may be required, not exceeding, however, the amount of fifty (50) acres on the average to the mile of such roadway in the State of Mississippi.

Miss. Code Ann. § 55-13-7 Condemnation of property for rights-of-way and easements.

The Mississippi State Highway Department, in the acquisition of the lands hereinabove described, shall have full power and authority to condemn such lands for said right-of-way, parkway and scenic easement purposes as is otherwise provided under the laws of the State of Mississippi, condemning such lands to an amount of not more than one hundred (100) acres on the average to the mile of such roadway in the State of Mississippi, and such scenic easements in addition thereto as may be required, not exceeding, however, the amount of fifty (50) acres on the average to the mile of such roadway in the State of Mississippi. This right is in addition to any rights which the highway department may have at the present time as to the width of roadways which may be condemned for roadway purposes in the State of Mississippi, it being the intention of this section to confer the right to extend the width of such roadways for roadway and parkway purposes to an amount limited, as herein above set forth, to one hundred (100) acres on the average to the mile of such roadway in the State of Mississippi, and such scenic easements in addition thereto as may be required, not exceeding, however, the amount of fifty (50) acres on the average to the mile of such roadway in the State of Mississippi.

Miss. Code Ann. § 55-13-9 Payment of costs of land acquisition by counties.

The state highway commission, for the purpose of acquiring lands as set forth in Sections 55-13-3 through 55-13-11, may pay one-half the cost of said lands so acquired by purchase or condemnation only in event the county in which the land is purchased or condemned first contributes its one-half of such costs.

Miss. Code Ann. § 55-13-11 Construction of Sections 55-13-3 through 55-13-11.

Sections 55-13-3 through 55-13-11 shall be construed in connection with any other laws of the State of Mississippi which promote the building of a national highway and parkway in the State of Mississippi.

Miss. Code Ann. § 55-13-13 Authorization for purchase of additional rights-of-way for federal government.

Whenever the Governor of the State of Mississippi and the Highway Commission shall deem it to the best interest of the State of Mississippi to proceed to purchase additional right-of-way for the Natchez Trace Parkway so that such rights of way may be available for any contemplated or proposed appropriation to be made by the United States government looking toward the completion of such Natchez Trace Parkway, then the Mississippi Highway Commission is authorized, directed and empowered to proceed to purchase such additional rights-of-way as the said Mississippi Highway Commission and the governor of the State of Mississippi may deem necessary. That the cost of such right-of-way for Natchez Trace Parkway, including the making of surveys and the preparation of plans and specifications and eminent domain proceedings and other necessary expenses shall be paid out of the proceeds of the funds made available for road construction under Laws, 1946, ch. 186, or out of funds made available to the state highway department out of the gasoline tax or out of any other funds made available for use by the State Highway Department, whether the same be for construction or maintenance or for any other purpose.

Miss. Code Ann. § 55-13-15 Declaration of necessity for additional powers, rights and duties.

Whereas, the federal government has allocated to the State of Mississippi for the construction of the Natchez Trace Parkway several millions of dollars; and Whereas, said Natchez Trace Parkway is to be a paved highway of scenic beauty and of great value to the State of Mississippi; and Whereas, by Sections 55-5-1 through 55-5-17, and Sections 55-13-3 through 55-13-11, the state highway commission and the counties through which the Natchez Trace is to run were authorized to acquire by purchase or condemnation the right-of-way necessary for the Natchez Trace highway, parkway and scenic public parks, and to pay for such right-of-way in the proportion of one-half by the several counties and one-half by the State Highway Commission; and Whereas, the State Highway Commission by order on its minutes has declared that it will expend not in excess of two hundred thousand dollars ($200,000.00) for the purchase of its part of such right-of-way; and Whereas, it is necessary under the rules and regulations of the federal government that this right-of-way be obtained and paid for by the State of Mississippi and conveyed by warranty deed to the United States of America prior to the expenditure of any federal funds for the construction of said trace; Now, therefore, in order to carry out the regulations and rules of the federal government, and in order that the benefit of the federal government’s financial assistance may be realized for this work, the following additional powers, rights and duties are hereby conferred upon the State Highway Commission and the several counties through which said trace is to run, and Sections 55-13-17 through 55-13-29 are hereby enacted.

Miss. Code Ann. § 55-13-17 Incorporation of Natchez Trace into state highway system; powers of Highway Commission as to highway and parkway.

The Natchez Trace highway, parkway and scenic public parks to be constructed within the State of Mississippi is hereby made a part of the state highway system, and full jurisdiction over the same is hereby conferred upon the State Highway Commission for the purpose of assisting the agents and employees of the federal government in the making of surveys, the preparing of maps, both topographical and descriptive, the preparing of deeds, the purchasing of right of way, the filing of condemnation suits and the obtaining of right-of-way for said Natchez Trace. The State Highway Commission is further authorized and empowered to make surveys, prepare maps, deeds and plats and to receive on behalf of and in the name of the State of Mississippi the fee simple title to any land necessary for the construction of the said Natchez Trace highway and parkway and to receive scenic easements through, over, on and across land necessary for scenic public parks along said Natchez Trace. The State Highway Commission is hereby authorized and empowered to obtain by purchase, condemnation or otherwise, any land which is necessary for the Natchez Trace highway, parkway and scenic public parks, and to pay for the same as provided in Section 55-13-19.

Miss. Code Ann. § 55-13-19 Authorization of expenditures for purposes of Section 55-13-17.

In order to carry out the purposes and provisions of Section 55-13-17, the State Highway Commission is hereby authorized and empowered, in its discretion, to expend a sum of money not to exceed two hundred thousand dollars ($200,000.00) to be used in the making of preliminary surveys, final surveys, the preparing of maps, plats and deeds, the purchasing of right-of-way, the payment of condemnation awards, and the doing of all things incidental and necessary to the obtaining of right-of-way for the said Natchez Trace, including the employing of necessary personnel to carry out the provisions of said section. However, nothing in this section shall obligate the State Highway Commission to expend more than two hundred thousand dollars ($200,000.00) for the purposes herein provided.

Miss. Code Ann. § 55-13-20 Authorization for Mississippi Transportation Commission to acquire rights-of-way and scenic easements.

The Mississippi Transportation Commission is authorized to acquire by purchase or eminent domain the right-of-way and scenic easements it considers appropriate to complete the terminus of the Natchez Trace Parkway in Natchez, Mississippi, and to transfer such right-of-way to the United States of America for the construction of the Natchez Trace Parkway.

Miss. Code Ann. § 55-13-21 Assistance of Highway Commission by attorney general, district attorney, or county attorney.

The Highway Commission is hereby authorized to call upon the attorney general, or any district attorney in his district, or any county attorney in his county, to assist in the preparation and trial of any condemnation suit for right-of-way for the Natchez Trace, and it is further authorized to pay the actual and necessary traveling expenses of any such officer assisting in any such suit.

Miss. Code Ann. § 55-13-23 Payment for standing merchantable timber on acquired land.

Whenever it is found necessary to obtain by purchase or condemnation any right-of-way for the Natchez Trace highway, parkway or scenic public park, and there is upon such land a growth of standing, merchantable timber, the highway commission and the counties acquiring such land are hereby authorized, in their discretion, to pay a premium of not more than twenty percent (20%) in addition to the cash market value of such standing, merchantable timber for all of said timber which is left standing on the said right-of-way on the date of its acquisition.

Miss. Code Ann. § 55-13-25 Relocation of local roads crossing highway.

Whenever any local road is found to cross the Natchez Trace Highway at a point which is not a parkway entrance, as defined by the national park service of the U. S. Department of the Interior, the board of supervisors of the county in which such road lies is hereby authorized to abandon that part of such road which crosses the Natchez Trace highway and parkway, and to relocate it so that said local road will connect with said Natchez Trace Highway at a fixed parkway entrance.

Miss. Code Ann. § 55-13-27 Condemnation of property.

In order to carry out the purposes of Sections 55-13-15 through 55-13-29, all of the provisions, rights and powers granted the Highway Commission, and the several counties by any general condemnation law of the State of Mississippi, are hereby conferred upon the Highway Commission and the several counties through which said trace is to run, and the following additional powers are also hereby granted: The right to go on private property for the purpose of making preliminary surveys and measurements for the ascertaining of the exact location and description of the land to be acquired for the Natchez Trace, is hereby granted to agents and employees of the several counties, the State Highway Commission and the federal government. Immediately upon the payment of any award to the property owner or to the chancery clerk, as the case may be, the fee simple title to any such land acquired by condemnation shall pass to the condemnor. The State Highway Commission and the several counties through which the trace is to run are hereby authorized to condemn right-of-way for said trace on behalf of and in the name of the State of Mississippi, and as soon as the fee simple title, as above provided, vests in the State of Mississippi, the governor is hereby authorized to execute a conveyance by warranty deed to the United States government of any such land so acquired.

Miss. Code Ann. § 55-13-29 Construction of Sections 55-13-15 through 55-13-29.

The provisions of Sections 55-13-15 through 55-13-29 are to be construed together with all other laws of Mississippi with reference to the Natchez Trace and the condemning of land, and said provisions are to be liberally construed to effectuate the purposes of said sections and to obtain the benefits of the funds granted the State of Mississippi by the United States government.

Miss. Code Ann. § 55-13-31 Sale and conveyance of reserved oil, gas and other minerals in acquired properties to former owners.

The land commissioner, with the approval of the Governor, is hereby authorized to sell and convey all of the oil, gas and other minerals heretofore reserved by the State of Mississippi in its respective conveyances to the United States of America of those certain properties acquired by the State of Mississippi for the Natchez Trace Parkway, said conveyances to be made to the former owners, their heirs, successors, assigns, or grantees, as their interests may appear, for such price as the land commissioner, with the approval of the governor, may fix. However, the minimum price for such conveyances shall be $1.00 per acre.

Miss. Code Ann. § 55-13-33 Restrictions on proximity of advertising to Natchez Trace Parkway.

No advertisement or advertising structure shall be erected, constructed, installed, maintained or operated within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway outside the limits of any municipality except as follows: Signs, displays or devices which advertise sale, lease, rental or development of the property on which it is located; Signs, displays or devices which carry only advertisements strictly related to the lawful use of the property on which it is located including signs, displays and devices which identify the business transacted, services rendered, goods sold or produced on the property, name of the business or name of the person, firm or corporation occupying or owning the property. The size of signs advertising the major activity of a business is not regulated under Sections 55-13-33 through 55-13-45. Signs which advertise brand name products or service sold or offered for sale on the property shall not be displayed unless such signs are on or attached to the building in which such products are sold. All signs permitted under this subsection shall be located not more than one hundred fifty (150) feet from the building in which such business activity is carried on; Historic markers erected by duly constituted and authorized public authorities; Highway markers and signs erected or caused to be erected by the Mississippi State Highway Department or other authorized authorities in accordance with the law; Directional and official signs or notices erected and maintained by public officers or agencies pursuant to and in accordance with lawful authorization for the purpose of carrying out an official duty or responsibility; Except as otherwise provided by law, signs located within a one thousand (1,000) foot radius of intersections created by the crossing of the boundary of the Natchez Trace Parkway with the right-of-way lines of components of the National System of Interstate and Defense Highways, the Federal Aid Primary Highway System or the Mississippi System of Primary Highways.

Miss. Code Ann. § 55-13-35 Restrictions on height of buildings adjacent to Natchez Trace Parkway; exemptions.

It shall be unlawful to construct or erect a building, advertising structure or other structure, of more than three (3) stories or thirty-five (35) feet in height, whichever is lesser, within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway. Such restrictions on buildings and structures shall apply notwithstanding that such area is located inside or outside a municipality and notwithstanding any other provisions of law to the contrary. It is the legislative intent of this section, in part, that possession of a building permit on July 1, 1988, shall not allow any construction after July 1, 1988, based on that permit. This section shall not apply to any building in existence on July 1, 1988. The following buildings or structures are exempt from the application of this section if they were constructed or under construction prior to July 1, 2002: Silos, buildings and structures designed for agricultural use; Churches; and Any building or structure on property that is owned by a public school district and used for educational purposes.

Miss. Code Ann. § 55-13-37 Promulgation of rules and regulations.

The Mississippi Highway Commission shall have authority to make and promulgate rules and regulations necessary for carrying out the provisions of Sections 55-13-33 through 55-13-45.

Miss. Code Ann. § 55-13-39 Maintenance of preexisting nonconforming advertising or structures; acquisition, purchase or condemnation of preexisting advertisement or structure.

Any advertisement or advertising structure in existence on July 1, 1988, and which does not conform to the requirements of Sections 55-13-33 through 55-13-45 may be maintained for the life of such advertisement or advertising structure, provided that the State Highway Department may acquire by purchase, gift or condemnation all such advertisements and advertising structures and all property rights pertaining thereto. All condemnation proceedings shall be in accordance with such procedure as generally established by law. In any acquisition, purchase or condemnation by the State Highway Department under subsection (1) of this section, just compensation to the owner of the advertisement or advertising or advertising structure, where the owner of the outdoor advertising does not own the fee, shall be limited to the fair market value at the time of the taking of the advertising owner’s interest in the real property on which the outdoor advertising is located and such value shall include the value of the advertising. In any acquisition, purchase or condemnation by the State Highway Department under subsection (1) of this section, just compensation to the owner of the fee or other interest in the real property upon which the advertising is located, where the owner does not own the advertising located thereon, shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the department of the right to erect and maintain such advertising thereon. In arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration. In any acquisition, purchase or condemnation by the State Highway Department under subsection (1) of this section, just compensation to the owner of the fee in the real property upon which the advertising is located, where the owner also owns the advertising located thereon, shall be limited to the fair market value of the advertising plus the difference in the fair market value of the entire tract immediately before and immediately after the taking by the State Highway Department of the right to erect and maintain such advertising thereon. In arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.

Miss. Code Ann. § 55-13-41 Removal, etc., of nonconforming advertising.

Any advertising erected or established after July 1, 1988, in violation of the provisions of Sections 55-13-33 through 55-13-45, shall be unlawful and shall constitute a nuisance. The State Highway Department shall give thirty (30) days’ notice by certified mail to the owner of the nonconforming advertising, if such owner is known or can by reasonable diligence be ascertained, to remove the advertising or to make it conform to the provisions of Sections 55-13-33 through 55-13-45 and any rules and regulations promulgated by the State Highway Department pursuant thereto. The State Highway Department shall have the right to remove or contract to have removed the nonconforming advertising at the expense of the owner if the owner fails to act within thirty (30) days after receipt of such notice. The State Highway Department or its agents or any person contracting with the department may enter upon private property for the purpose of removing advertising prohibited by Sections 55-13-33 through 55-13-45 or any rules and regulations promulgated by the State Highway Department without civil or criminal liability.

Miss. Code Ann. § 55-13-43 Penalties for violation of Sections 55-13-33 through 55-13-45 and rules and regulations; injunctions.

Any person, firm, corporation or association placing or erecting any advertisements or advertising structures or any junkyard along the Natchez Trace Parkway in violation of Sections 55-13-33 through 55-13-45 or any rule or regulations promulgated pursuant thereto shall be guilty of a misdemeanor. In addition thereto, the State Highway Department may seek injunctive relief in the chancery court of the county in which the nonconforming advertising is located and require the advertising to conform to the provisions of Sections 55-13-33 through 55-13-45 and rules and regulations promulgated pursuant hereto, or require the removal of the nonconforming outdoor advertising.

Miss. Code Ann. § 55-13-45 Study on use of uniform informational signs.

The Mississippi State Highway Department is hereby directed to conduct investigations, including but not limited to necessary consultations with the National Park Service, to study the feasibility of the use of uniform informational signs along the parkways or parks which relate to commercial establishments accessible from the parkways or parks, and to report back to the 1989 Session of the Mississippi Legislature.

Starting a business in Mississippi? Mississippi LLC guide: costs and requirements