Current through September 24, 2024
The District shall make every reasonable effort to acquire
property as quickly as possible through negotiated agreements and to ensure
that all owners and tenants receive fair, equitable and courteous treatment.
The District shall pay a price to each owner of interest an amount of money
that represents "just compensation" in acquiring the property, shall conduct
its acquisition activities in a manner that minimizes hardships to owners and
tenants, shall minimize litigation in the acquisition of real property, and
shall promote public confidence in the District's land acquisition practices.
Accordingly, the following rules and policies are promulgated to facilitate the
acquisition of real property by the District for the public benefit as
authorized by Section 51-ll-ll(f).
(a)
Appraisal Process.
(1) All properties to be acquired by the
District shall be appraised by a qualified real estate appraiser before the
initiation of negotiations.
(2) The
owner(s) or a designated represented thereof, shall be given the opportunity to
accompany the real estate appraiser during inspection of the property. The
appraiser shall consider and discuss with the owner(s) or their representative,
all facts believed by the owner(s) or the representative to be elements of
value.
(3) The Board shall review
the appraiser's reasonable recommendations as to the fair market value of the
property to be acquired, and shall establish the amount reasonably believed to
be just compensation for the property. The amount to be paid to the owner(s)
will not be less than such real estate appraiser's approved estimate of the
fair market value of the property.
(b)
Offers.
(1) After the District has determined the
amount of just compensation to be paid to each property owner, an offer, in
writing, will be made to acquire the property for the full amount so
determined, and each owner will receive a written statement of the amount
established as just compensation and a summary of the basis for establishing
that amount as just compensation. Where appropriate, the just compensation for
the real property acquired and damages to remaining real property shall be
separately stated.
(2) After the
District makes the property owner an offer for the purchase of said property,
if the property owner believes the District's proposed purchase price does not
represent the fair market value for the property, the owner can refuse to
accept it. If the owner can then provide acceptable evidence concerning value
or damages that would warrant a change in the purchase price, the purchase
price shall be adjusted accordingly.
(c)
Condemnation
Proceedings.
(1) Acquisitions by
condemnation shall be held to a minimum. However, if a voluntary agreement
cannot be reached, the District may institute formal condemnation proceedings
to acquire the property. After a court of competent jurisdiction determines the
price to be paid for the property, the District shall deposit with the court
the amount of the award plus any interest accrued from the date of filing said
condemnation suit in court. Any legal fees incurred by the owner shall not be
paid by the District.
(2) The
District shall not intentionally make it necessary for an owner to institute
legal proceedings to prove the fact of the taking of his real
property.
(3) No owner shall be
required to surrender the possession of real property before the agreed
purchase price is paid; provided that such amount shall not be less than the
approved appraisal of the fair market value of such property. In the event
condemnation proceedings are instituted, no owner shall be required to
surrender possession of real property before the award of compensation as
determined by a court of competent jurisdiction and contained in a final decree
issued by such court, is deposited with the state court, in accordance with
applicable law, for the benefit of the owner.
(4) In no event shall the District advance
the time of condemnation, or defer negotiations or condemnation and the deposit
of funds in court for the use of the owner, or take any other course of action
in an attempt to compel the owner to agree on the price to be paid for the
property.
(d)
Settlement Statement.
A summary statement of settlement will be provided the
property owner by the District at the time title to the property is transferred
to the District or as soon as practicable thereafter. The settlement statement
shall advise the seller of settlement and title costs. The seller shall not be
required to pay any sales commission. All outstanding loans, liens, and
assessments affecting the property shall be the responsibility of the seller
and accounted for at the closing. The negotiator will discuss such encumbrances
with the property owner prior to closing.
(e)
Reimbursement of Owner for
Expenses. The District shall fully comply with the provisions of
Sections
43-37-5,
43-37-7
and
43-37-9.
(f)
General
Provisions.
(1)
(i) Where any interest in real property is
acquired, an equal interest in all buildings, structures, or other improvements
located upon the real property so acquired and which are required to be removed
from such real property or which are determined to be adversely affected by the
use to which such real property will be put shall also be acquired.
(ii) The District shall comply with Sections
43-37-11(2)
and (3) regarding acquisition payments for
tenant-occupied buildings, structures and improvements and the prohibition
against duplicate payments for the acquisition of buildings, structures and
improvements.
(2) The
District shall encourage owners to contact the District as soon as possible if
a property owner desires to retain any fixtures, shrubbery, or other
improvements scheduled for acquisition by the District, in order that all
feasible methods of handling the transaction may be considered by the
appraiser.
(3) The construction or
development of District projects shall be so scheduled that, to the greatest
extent practicable, no person lawfully occupying real property shall be
required to move from a dwelling or to move his business or farm operation
without at least ninety (90) days written notice from the date which such move
is required.
(4) If acquisition of
only part of the property would leave the owner with an uneconomic remnant, an
offer to acquire the entire property shall be made.
(5) If an owner desires to donate property to
the District for purposes consistent with District program objectives, the
owner will be advised in writing of the market value of the property so the
owner can have documentation to support any tax claims.
(6) The District shall comply with all other
provisions of Title 43, Chapter 37 of the Mississippi Code of 1972, as now or
hereafter amended, insofar as they are applicable to its property
acquisitions.
Miss. Code Ann. §
51-11-11;
§
51-11-13.
