Bill Text: MS SB2469 | 2014 | Regular Session | Introduced
Bill Title: USM Hattiesburg property; DFA may sell/lease portion of without accepting competitive bids.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2469 Detail]
Download: Mississippi-2014-SB2469-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Property
By: Senator(s) Polk
Senate Bill 2469
AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO SELL AND CONVEY OR LEASE PARCELS OF CERTAIN STATE-OWNED REAL PROPERTY AND ANY IMPROVEMENTS THEREON UNDER THE POSSESSION AND CONTROL OF THE UNIVERSITY OF SOUTHERN MISSISSIPPI, LOCATED IN THE CITY OF HATTIESBURG, FORREST COUNTY, MISSISSIPPI; TO STIPULATE THE CONDITION UNDER WHICH THE PROPERTY MAY BE SOLD TO PROMOTE THE HIGHEST AND BEST USE FOR THE UNIVERSITY OF SOUTHERN MISSISSIPPI, THE CITY OF HATTIESBURG AND THE STATE; TO EXEMPT THE SELLING ENTITY FROM THE ADVERTISING REQUIREMENT FOR ACCEPTANCE OF COMPETITIVE BIDS ON THE PROPERTY; TO PROVIDE THAT THE STATE SHALL RETAIN THE RIGHT TO REPURCHASE THE REAL PROPERTY OR TERMINATE THE LEASE IF CERTAIN CONDITIONS OCCUR; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO REVIEW AND CONSIDER ALL PROPOSALS FOR THE PURCHASE OR LEASE OF THE PROPERTY USING CERTAIN REVIEWING FACTORS; TO PROVIDE THAT THE STATE SHALL RETAIN ALL MINERAL RIGHTS TO THE REAL PROPERTY SOLD OR LEASED UNDER THIS ACT; TO AMEND SECTIONS 27-33-17 AND 27-33-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey or lease parcels of certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi, located in the City of Hattiesburg, Forrest County, Mississippi, and more particularly described as follows:
PARCEL 1 LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 13 WEST, FORREST COUNTY, MISSISSIPPI, ALSO BEING A PART OF THE MONTE VISTA TERRACE SUBDIVISION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 4 OF THE MONTE VISTA TERRACE SUBDIVISION, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN N89°47'18"W FOR 273.42' ALONG THE NORTHERN BOUNDARY OF CHEVY CHASE DRIVE TO A FOUND R.O.W. DISK; THENCE RUN N52°48'45"W FOR 37.45' ALONG THE NORTH BOUNDARY OF CHEVY CHASE DRIVE AND THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 139.55' ALONG A CURVE TO THE LEFT ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56', AN INCLUDED ANGLE OF 17°35'24", A CHORD BEARING OF N16°43'32"W, AND A CHORD LENGTH OF 139.00'; THENCE RUN N64°55'38"E FOR 9.54' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND IRON PIN; THENCE RUN N28°33'59"W FOR 53.50' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S57°40'44"W FOR 9.81' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 78.06' ALONG A CURVE TO THE LEFT ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56, AN INCLUDED ANGLE OF 9°50'23", A CHORD BEARING OF N37°01'23"W, AND A CHORD LENGTH OF 77.97'; THENCE RUN N42°06'05"W FOR 43.84' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 74.09' ALONG A CURVE TO THE RIGHT ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 159.28', AN INCLUDED ANGLE OF 26°39'02", A CHORD BEARING OF N20°48'27"W, AND A CHORD LENGTH OF 73.42'; THENCE RUN N00°03'33"W FOR 30.24' ALONG THE EAST BOUNDARY OF 31ST AVENUE TO A FOUND R.O.W. DISK; THENCE RUN N48°20'47"E FOR 24.84' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED AND THE SOUTH BOUNDARY OF HARDY STREET TO A FOUND R.O.W. DISK; THENCE RUN S88°29'19"E FOR 453.83' ALONG THE SOUTH BOUNDARY OF HARDY STREET TO A CHISELED 'X' IN A CONCRETE RETAINING WALL; THENCE RUN S00°11'09"W FOR 400.74' ALONG THE WEST BOUNDARY OF 30TH AVENUE BACK TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 3.54 ACRES, MORE OR LESS.
PARCEL MAY BE SUBJECT TO UNVACATED STREET RIGHT(S)-OF-WAY OR UTILITY EASEMENTS.
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 13 WEST, FORREST COUNTY, MISSISSIPPI, ALSO BEING A PART OF THE MONTE VISTA TERRACE SUBDIVISION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 4 OF THE MONTE VISTA TERRACE SUBDIVISION, PROCEED S58°42'20"W FOR 411.97' TO THE WEST R.O.W. BOUNDARY OF 31ST AVENUE TO AN IRON PIN AND THE POINT OF BEGINNING; THENCE RUN N88°24'33"W FOR 300.00' TO A SET IRON PIN; THENCE RUN N00°06'40"W FOR 623.00' TO A FOUND METAL PIPE ON THE SOUTH R.O.W. BOUNDARY OF HARDY STREET; THENCE ALONG THE SOUTH R.O.W. BOUNDARY OF HARDY STREET S76°00'29"E FOR 57.71' TO A FOUND R.O.W. DISK; THENCE ALONG THE SOUTH R.O.W. BOUNDARY OF HARDY STREET S88°43'25"E FOR 56.78' TO A FOUND R.O.W. DISK AT THE INTERSECTION OF THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED; THENCE RUN S43°43'26"E FOR 19.17' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE S00°18'27"E FOR 22.43' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 116.00' ALONG A CURVE TO THE LEFT ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 159.28', AN INCLUDED ANGLE OF 41°43'35", A CHORD BEARING OF S20°53'01"E, AND A CHORD LENGTH OF 113.45'; THENCE RUN S41°49'49"E FOR 43.77' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND IRON PIN; THENCE RUN 63.64' ALONG A CURVE TO THE RIGHT ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56', AN INCLUDED ANGLE OF 8°01'20", A CHORD BEARING OF S37°42'47"E, AND A CHORD LENGTH OF 63.59'; THENCE RUN S57°10'45"W FOR 7.87' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S28°53'49"E FOR 54.54' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN N65°42'07"E FOR 7.68' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 125.55' ALONG A CURVE TO THE RIGHT ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56, AN INCLUDED ANGLE OF 15°49'32", A CHORD BEARING OF S15°43'20"E, AND A CHORD LENGTH OF 125.15'; THENCE RUN S83°26'43"W FOR 7.37' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S02°51'15"E FOR 55.46' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN N89°36'10"E FOR 7.42' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S00°13'22"W FOR 75.76' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S05°43'51"E FOR 31.16' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S00°06'04"E FOR 58.53' ALONG THE WEST BOUNDARY OF 31ST AVENUE BACK TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 3.36 ACRES, MORE OR LESS.
PARCEL MAY BE SUBJECT TO UNVACATED STREET RIGHT(S)-OF-WAY OR UTILITY EASEMENTS.
(2) The real property described in subsection (1) of this section and any improvements thereon shall, if sold, be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.
(3) (a) The property described in subsection (1) of this section shall be sold or leased to result in the highest and best use of the property and to ensure that the property is used in a manner that will not interfere with the operation of the University of Southern Mississippi. However, as a condition of sale or lease, the purchasing or leasing entity acquiring the property must comply with the stipulations established by a certain public-private association of governmental and nongovernmental entities which have developed a master plan for the above described property and certain other properties in close proximity thereto to be designed and implemented exclusively as a mixed-used development to include commercial, residential and/or retail space and to preserve and enhance the existing educational, residential and commercial integrity of the surrounding community as determined by the Department of Finance and Administration.
(b) It is the intent of the Legislature that the property will be sold or leased for the benefit of creating value while also preserving the local environment and promoting growth in the area.
(4) Upon a determination by the Board of Trustees of State Institutions of Higher Learning that the use of the real property described in subsection (1) of this section for the purposes prescribed under subsection (3) of this section for which it is to be sold or leased will promote and foster the development and improvement of the university and its related facilities, the university shall be authorized and empowered in its discretion to sell or lease the property without having to advertise for and accept competitive bids. The Department of Finance and Administration shall review and consider all proposals for purchase or lease of the property described in subsection (1) of this section in light of all factors which the department deems relevant, including, without limiting the generality of its consideration, the following:
(a) The proposed purchase price of the property or rental payments, as applicable;
(b) The proposed use or uses of the property;
(c) The cost, scope and scale of the proposed development and the amount of the investment to be made by the proposed purchaser or lessee of the property;
(d) The projected impact of the proposed development on the University of Southern Mississippi, City of Hattiesburg and the State of Mississippi, including anticipated or projected tax revenue to be generated as a result; and
(e) The projected timetable for the development.
(5) The State of Mississippi retains the exclusive right to repurchase the property or to terminate the lease of the property sold or leased under this act, if the purchaser or lessee, as applicable, has not completed construction of more than twenty-five thousand (25,000) square feet of improvements on the property consistent with purposes as set forth in this section before December 31 of the fifth year after the date of the sale or lease of the property. If any of the conditions stated within this subsection occur within five (5) years of the authorized sale or conveyance or lease of the property described in subsection (1) of this section, the state may exercise its right to repurchase or terminate the lease, which right shall be exercised within twelve (12) months of the expiration of the above referenced five-year period. The repurchase price for the property described in subsection (1) of this section and the improvements thereon shall be the fair market value at the time of repurchase as determined by the average of at least two (2) appraisals by qualified appraisers, one (1) of whom shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.
(6) The State of Mississippi shall retain all mineral rights to the real property sold under this section.
(7) Proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi.
SECTION 2. Section 27-33-17, Mississippi Code of 1972, is amended as follows:
27-33-17. The meaning of the words "own," "owned," "ownership" and similar words, for the purpose of this article, shall be limited to real estate, and to title, as follows:
(a) "Fee title," meaning inheritable title (whether by inheritance, gift or purchase), limited to only ownerships known as (i) "absolute" (freehold), or (ii) "tenancy for life" (life estate), or (iii) "tenancy in common," "joint tenancy," "joint ownership" and "common title"; the conditions of none of which may be restricted during the life of the owner as to possession, occupancy and use; and the words "joint owner," "joint tenant" or "joint tenancy" when used in this article shall include "tenant in common," "tenancy in common" and "estate in common," unless a different meaning is clearly indicated by the context.
(b) "An express trust of record," meaning a trust created in express terms in a recorded deed, will or other writing, with reference to the land to which it applies, the beneficiary of which trust is the head of a family, who under the terms of the trust, is entitled to and does occupy and use the property as a home, which property is assessed for taxation to the beneficiary and on which property the beneficiary pays the taxes, unless otherwise provided in the trust.
(c) "School lands legally leased," meaning a legal lease of school land which is perpetually renewable, or school land legally leased for a term of ten (10) years or more under the provisions of Section 211 of the Mississippi Constitution, the owner of which lease is the head of a family who is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.
(d) "Pearl River Valley Water Supply District lands legally leased," meaning a legal lease of lands owned in fee by the Pearl River Valley Water Supply District, an agency of the State of Mississippi, for a period of twenty (20) years or more, with the option of renewal for successive periods of ten (10) years, to a person, individually or in joint tenancy, who is the head of a family and is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.
(e) "Mississippi-Yazoo Delta Levee Board lands legally leased," meaning a legal lease of lands owned in fee title by the Mississippi-Yazoo Delta Levee Board, an agency of the State of Mississippi, for a period of five (5) years or more, with the option of renewal for successive periods of five (5) years, to a person, individually or in joint tenancy, who is the head of a family and is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law. This exemption shall include all leases in existence that were entered into prior to July 1, 1992.
(f) If title is held by deed or other grant, such instrument shall be dated and acknowledged on or before January 1 of the year for which homestead exemption is applied and shall be filed for record with the chancery clerk on or before January 7 of the year for which homestead exemption is applied and the book and page, or properly assigned unique identification number, of such recordation shall be noted on the application. If title is held by will, inheritance, adverse possession or any means other than grant, same may be proved by affidavit, citation of any court record, or such other evidence as may be required by the commission. However, nothing shall prevent homestead exemptions where it shall be shown that title was derived through inheritance and the recording evidence otherwise necessary was later recorded.
(g) "Fraternal or benevolent organization land legally leased," meaning a legal lease of land from any fraternal or benevolent organization owning land exempt from ad valorem taxation under the provisions of Section 27-31-1, leased for ten (10) years or more or for life, the owner of which lease is a head of a family who is entitled to and does occupy and uses the property as a home, and who renders the property for assessment and pays the tax thereon, as required by law. This paragraph shall not apply to any leased land if the dwelling located thereon is owned by the fraternal or benevolent organization.
(h) "A remainder interest in the dwelling and eligible land," meaning an interest held by the children of a testator in a dwelling and the eligible land on which it is located, created by the express terms of the will of the testator, in which the children of the testator are granted the use of property only upon the death or remarriage of the spouse of the testator or the occurrence of certain other contingencies and such dwelling and the eligible land on which it is located is assessed for taxation to the children of the testator and on which dwelling and eligible land the children of the testator pay the taxes thereon, as required by law.
(i) "Old School for the Blind land legally subleased," meaning a legal sublease of lands pursuant to Section 1 of Chapter 558, Laws of 2010, subleased for a period of twenty (20) years or more, the owner of which lease is a head of a family who is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.
(j) "Public university land legally subleased," meaning a legal sublease of lands pursuant to Section 1 of this act, subleased for a period of twenty (20) years or more, the owner of which lease is a head of a family who is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.
SECTION 3. Section 27-33-19, Mississippi Code of 1972, is amended as follows:
27-33-19. The word "home" or "homestead" whenever used in this article shall mean the dwelling, the essential outbuildings and improvements, and the eligible land assessed on the land roll actually occupied as the primary home of a family group, eligible title to which is owned by the head of the family, a bona fide resident of this state, and when the dwelling is separately assessed on the land roll for the year in which the application is made, subject to the limitations and conditions contained in this article. And the meaning of the word is hereby extended to specifically include:
(a) One or more separate, bona fide dwellings and the land on which they are located, each occupied under eligible ownership rights by the widow or the widower, or the children of a deceased parent, each separate home being property or a portion of property owned by a deceased person whose estate has not been distributed or divided or vested in a person or persons for life. But in each case the property for which exemption is sought may not be more than the applicant's inherited portion, and must be accurately described on the application and the conditions explained in writing. But the heirs may elect to accept one (1) homestead for the estate. The home occupied by the surviving spouse as provided by the laws of this state shall be preferred over the homes claimed by the children, and the exemption to any other heir shall not exceed the remaining amount obtained by deducting the assessed value of the surviving spouse's portion from the assessed value of the whole, divided by the number of heirs other than the surviving spouse. Each heir claiming exemption shall meet the requirements as to occupancy, residence and head of a family, and no part of the undivided inherited lands shall be combined with other lands and included in a homestead exemption under this article except in the case of the surviving spouse.
(b) One or more separated dwellings and eligible land, not apartments, occupied each by a family group as a bona fide home, eligible title to which entire property is held jointly by purchase or otherwise by the heads of the families, and each joint owner shall be allowed exemption on the proportion of the total assessed value of all the property, equal to his fractional interest (except as otherwise provided in paragraph (r) of this section), provided no part of the jointly owned property shall be exempted to a joint owner who has been allowed an exemption on another home in the state.
(c) A dwelling and eligible lands owned jointly or severally by a husband and wife, if they are actually and legally living together. But if husband and wife are living apart, not divorced, as provided by paragraphs (c) and (d) of Section 27-33-13, jointly owned land shall not be included except that the dwelling occupied as a home at the time of separation shall be eligible if owned jointly or severally.
(d) The dwelling and eligible land on which it is located, owned and actually occupied as a home by a minister of the gospel or by a licensed schoolteacher actively engaged whose duties as such require them to be away from the home for the major part of each year, including January 1, provided it was eligible before such absence, and no income is derived therefrom, and no part of the dwelling claimed as a home is rented, leased or occupied by another family group, and when the home is eligible except for the temporary absence of the owner.
(e) The dwelling and the eligible land on which it is located, consisting of not more than four (4) apartments; provided (i) if one (1) apartment is actually occupied as a home by the owner the exemption shall be limited to one-fourth (1/4) the exemption granted pursuant to this article, or (ii) if the dwelling and land is owned by four (4) persons and the four (4) owners each occupy one (1) apartment as a home, the exemption shall be granted equally to each owner; provided revenue is not derived from any part of the property except as permitted by paragraphs (g) and (h) of this section. If the dwelling and the eligible land on which it is located consists of not more than three (3) apartments, and one (1) apartment is actually occupied as a home by the owner, the exemption shall be limited to one-third (1/3) the exemption granted pursuant to this article, or if the dwelling and land is owned by three (3) persons and the three (3) owners each occupy one (1) apartment as a home, the exemption shall be granted equally to each owner; provided revenue is not derived from any part of the property except as permitted by paragraphs (g) and (h) of this section. If the dwelling and the eligible land on which it is located consists of not more than two (2) apartments and one (1) apartment is actually occupied as a home by the owner, the exemption shall be limited to one-half (1/2) the exemption granted pursuant to this article, or if the dwelling and land is owned by two (2) persons and the two (2) owners each occupy one (1) apartment as a home, the exemption shall be granted equally to each owner; provided revenue is not derived from any part of the property except as permitted by paragraphs (g) and (h) of this section.
(f) The dwelling and eligible land on which it is located, actually occupied as the bona fide home of a family group owned by the head of the family whereof five (5) and not more than six (6) rooms are rented to tenants or boarders, and where there are rented rooms and an apartment, the apartment shall be counted as three (3) rooms; provided the exemption shall be limited to one-half (1/2) the exemption granted pursuant to this article.
(g) The dwelling and eligible land being the bona fide home of a family group owned by the head of the family used partly as a boarding house, or for the entertainment of paying guests, if the number of boarders or paying guests does not exceed eight (8).
(h) The dwelling and eligible land being the bona fide home of a family group owned by the head of the family wherein activity of a business nature is carried on, but where the assessed value of the property associated with the business activity is less than one-fifth (1/5) of the total assessed value of the bona fide home; provided, however, that when the owner's full-time business is located in the bona fide home of the head of the family, such owner shall be limited to one-half (1/2) of the exemption granted pursuant to this article.
(i) The dwelling and the eligible land on which it is located and other eligible land even though ownership of and title to the dwelling and the land on which it is located has been conveyed to a housing authority for the purpose of obtaining the benefits of the Housing Authorities Law as authorized by Sections 43-33-1 through 43-33-53 or related laws.
(j) A dwelling and the eligible land on which it is located owned by a person who is physically or mentally unable to care for himself and confined in an institution for treatment shall be eligible notwithstanding the absence of the owner unless the home is excluded under other provisions of this article. The exemption is available for a period of ten (10) years from the day of confinement.
(k) The dwelling and the eligible land on which it is located owned by two (2) or more persons of a group, as defined in paragraph (f) of Section 27-33-13, when two (2) or more of the group have eligible title, or if the group holds a life estate, a joint estate or an estate in common; provided the title of the several owners shall be of the same class.
(l) A dwelling and the eligible land on which it is located under a lease of sixty (60) years by the Pearl River Valley Water Supply District at the reservoir known as the "Ross Barnett Reservoir" actually occupied as the home or homestead of a family or person as defined heretofore in this article. However, no such family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(m) Units of a condominium constructed in accordance with Section 89-9-1 et seq., Mississippi Code of 1972, known as the "Mississippi Condominium Law," and actually occupied as the home or homestead of a family or person as defined heretofore in this article. However, no such family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(n) A dwelling and the eligible land on which it is located held under a lease of ten (10) years or more or for life, from a fraternal or benevolent organization and actually occupied as the home or homestead of a family or person as defined heretofore in this article. No such family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(o) A dwelling being the bona fide home of a family group owned by the head of the family and located on land owned by a corporation incorporated more than fifty (50) years ago and in which the homeowner is a shareholder, and which corporation owns no land outside Monroe and Itawamba Counties. No family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(p) A dwelling and the eligible land on which it is located under a lease of five (5) years or more by the Mississippi-Yazoo Delta Levee Board actually occupied as the home or homestead of a family or person as defined pursuant to this article. However, no such family group or any other person qualified and defined pursuant to this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article. The definition shall include all leases in existence that were entered into prior to July 1, 1992.
(q) A dwelling and the eligible land on which the spouse of a testator is granted the use of such dwelling for life or until the occurrence of certain contingencies and the children of such testator are granted a remainder interest in the dwelling and eligible land. Such dwelling and eligible land will only qualify as a home or homestead if (i) the spouse of the testator would otherwise qualify as head of a family if the interest were a tenancy for life (life estate), and (ii) the dwelling and eligible land is actually occupied as the home of the spouse of the testator. The children of the testator shall be allowed to establish an additional homestead for purposes of this article.
(r) A dwelling and the eligible land actually occupied as the bona fide home of a family group. If a person has been granted use and possession of a home in a divorce decree, that individual is eligible for full exemption, regardless of whether the property is jointly owned.
(s) A dwelling being the bona fide home of a family group located on land owned by a corporation incorporated more than forty (40) years ago and in which the head of the family group is a shareholder, and which corporation owns no land outside Lee County, Mississippi. No family group or any other person qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(t) The floor or floors of a building used solely for the residence of a family group when the building is owned by the head of the family and another floor or floors of the building are used for business activity.
(u) A dwelling being the bona fide home of a family group located on land owned by an incorporated club and in which the head of the family group is a shareholder, and which incorporated club owns no land outside Union County, Mississippi; provided, the incorporated club pays all ad valorem taxes levied on the land upon which the dwelling is located. No family group or any other person qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article.
(v) A dwelling and the
eligible land on which it is located under a sublease for a period of twenty
(20) years or more on land leased pursuant to Section 1 * * *, Chapter 558, Laws of 2010, or
Section 1 of this act, actually occupied as the home or homestead of a
family or person as defined pursuant to this article. However, no such family
group or any other person qualified and defined pursuant to this article shall
be allowed to establish more than one (1) home or homestead for the purpose and
intent of this article.
(w) The portion of a building that is listed on the National Register of Historic Places that is used solely for the residence of a family group when the building is owned by the head of the family and rooms in the building are rented to transient guests; however, not more than ten (10) rooms in the building may be rented to transient guests.
(x) A dwelling and the eligible land on which it is located under a lease or sublease of twenty-five (25) years or more actually occupied as the home or homestead of a family or person as defined in this article. However, no such family group or any other person heretofore qualified and defined in this article shall be allowed to establish more than one (1) home or homestead for the purpose and intent of this article. This paragraph shall not apply to a lease between a person who is physically or mentally unable to care for himself and the institution in which the person is confined.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.
