2018 Mississippi Code
Title 47 - Prisons and Prisoners; Probation and Parole
Chapter 5 - Correctional System
Operation, Management and Personnel
§ 47-5-64. Agricultural leases of prison lands to private entities; reservation of additional land for agricultural or nonagricultural projects of Department of Corrections; lease of prison land for power generation or other commercial or industrial projects.
(1) The commissioner is hereby directed to determine the number of acres and location of land under the department’s jurisdiction that are needed for security purposes, for Prison Agricultural Enterprises and for nonagricultural purposes. The commissioner shall designate and reserve such additional land for agricultural or nonagricultural enterprise projects of the department, as he deems necessary. The commissioner shall then recommend to the Department of Finance and Administration the number of acres of department land that should be leased to private entities and the term of the leases.
(2) The Department of Finance and Administration is authorized to lease for agricultural purposes that Penitentiary land so recommended for not less than three (3) nor more than eight (8) years, with the approval of the Public Procurement Review Board.
(3) The Department of Finance and Administration, with the approval of the Governor, the Secretary of State and the Commissioner of the Department of Corrections, is authorized to lease Penitentiary land for power generation projects or other commercial or industrial projects at the same time that it leases the land as prescribed in subsection (2) of this section. The Department of Finance and Administration is authorized to negotiate all aspects of leases or related agreements executed under this subsection consistent with the following:
(a) The period of the lease term combined with the term of renewal shall not exceed forty (40) years.
(b) Any lease or renewal lease shall:
(i) Provide for periodic rent adjustments throughout the term of the lease; and
(ii) Require the lessee to provide a decommissioning and restoration bond or other security securing the lessee’s obligation to remove all aboveground and underground facilities to a depth of at least three (3) feet underground and to restore the surface to a condition similar to its condition before the commencement of the lease.
(c) Any lease or renewal lease may provide for any combination of the following: base rent, bonuses, percentage of income payments, royalty payments or other terms and conditions that the Department of Finance and Administration deems necessary to maintain a fair and equitable return to the state and to protect the leased land throughout the term of the lease or renewal lease.
(d) Oil, gas and mineral rights in the leased land shall be reserved to the State of Mississippi.
(e) This subsection does not authorize the sale or transfer of title to any state lands.
(f) The Department of Finance and Administration may charge fees and expenses, not to exceed costs, incurred in administering this subsection.
(g) Any monies derived from leasing lands under this subsection shall be deposited to the Prison Agricultural Enterprise Fund as provided in Section 47-5-66.
