No. 2012-00231.

• Case Date: May 11, 2012
• Court: Mississippi

Mississippi Attorney General Opinions 2012. No. 2012-00231. May 11, 20122012-00231 AUTH:Liz BolinDATE:20120511RQNM:D. Scott GibsonSUBJ:SupervisorsSBCD:220 D. Scott Gibson, Esquire Post Office Box 1270 Wiggins, Mississippi 39577Re: Board of Supervisors' Authority to Grant Perpetual EasementDear Mr. Gibson: Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply. Background Your letter reads as follows:

I represent the Stone County Board of Supervisors. The Board is requesting an opinion dealing the grant of a perpetual easement of county owned parcel of land that is currently the subject of a leasehold interest to a third party, the Lessor. The parcel was leased to the Lessor by the County pursuant to the Resolution of the Board of Supervisors of June 12, 2000 under the provisions of Miss. Code Ann. Section 19-7-3 (3) with a specific finding of the facts required by section 3 in the resolution. The subject lease term was for five (5) years and contained a provision for extension of the lease for four (4) additional five (5) year terms. The lease continues to be extended. The Lessor and the County now propose to amend the Lease Agreement to grant the Lessor a perpetual easement to the subject parcel of property for different consideration.

The Board requests an opinion on the following questions:

1. Can the Board grant the perpetual easement to the parcel?

2. Does the County now have to make publication as required by Section 2(a) of Miss. Code Ann. Section 19-7-3 in light of the prior finding of the Board in its June 12, 2000 Resolution under section 3 of Miss. Code Ann. 19-7-3?

For purposes of clarification, we note that pursuant to our conversation on May 2, 2012, you explained that the Lessor is Stone County and the Lessee is the party leasing the parcel from Stone County. You further noted that the Lessee wishes to purchase from the county - not lease -a perpetual easement to the parcel currently being leased by the Lessee. Applicable Law Miss. Code Ann. Section 19-7-3 (1972) reads in part as follows: (2)(a) Before any lease, deed or conveyance is executed, the board shall publish at least once each week for three (3) consecutive weeks, in a public newspa per of the county in which the land is located , or if no newspaper be publish ed in said...