AGO 000001243.

• Case Date: March 10, 1980
• Court: Mississippi

Mississippi Attorney General Opinions 1980. AGO 000001243. March 10, 1980DOCN 000001243 DOCK 1980-995 AUTH Mack Cameron DATE 19800310 RQNM Honorable Ben J. Piazza, Jr. SUBJ School 16th Section Leases, etc. SBCD 192 TEXT Honorable Ben J. Piazza, Jr. Attorney for Hinds County Board of Education KEYES, MOSS & PIAZZA P. O. Box 22845 Jackson, Mississippi 39205Re: Emergency Sale of Timber on 16th Section bandDear Mr. Piazza: Attorney General Bill Allain has forwarded to the undersigned for research and reply your letter to him dated February 14, 1980. You ask for an opinion on a procedure which you state as follows: "The Hinds County Board of Education has asked me to request an opinion from your office concerning the procedure for the emer- gency sale of timber on 16th section land in Hinds County under the management of the Mississippi Forestry Commission. "29-3-45, Mississippi Code of 1972, as amended, provides in part: Provided, however, in the case of damage, windstorm, or other natural causes which would require immediate sale of the timber, because of the time involved for advertise- ment as prescribed herein would allow decay, rot, or de- struction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply. The board of e- ducation with a written recommendation from a designated employee of the state forestry commission filed in the min- utes of the board of education, shall determine when immedi- ate sale of the timber is required. When the board of educa- tion shall find an immediate sale necessary for the causes stated herein, it shall, in its discretion, set the time for receipt of bids on the purchase of said timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received. "Enclosed herein is a copy of the letter from the Mississippi Forestry Commission requesting that the Hinds County Board of Edu- cation give the county forester blanket permission to make salvage sales pursuant to the above-quoted section. Because the school board only meets once a month, there is often several weeks' delay between the identification of diseased or infested trees and the authorization for their immediate sale. "The Hinds...