Segrest, 010880 MSAGO, 19800108

Docket Nº:19800108
Case Date:January 08, 1980
Court:South Carolina
Honorable Thomas L. Segrest
No. 19800108
Mississippi Attorney General Opinions
January 8, 1980
         Honorable Thomas L. Segrest          GRAHAM, SEGREST & JOHNSON          P. O. Box 1442          Columbus, Mississippi 39701          Lowndes County Tower Site Lease           Dear Mr. Segrest:          Attorney General A. F. Summer has received your letter dated December 4, 1979 and referred it to me for research and reply.          Your letter stated:
         “We were retained in March, 1978, to secure a renewal lease of the Sixteenth Section Land here in Lowndes County upon which the fire tower is situated. At long last, after a change in the law, along with changes in counsel for the Board of Supervisors and Board of Education, we have secured from the Board of Education the original and two executed copies of the lease, all of which are enclosed herewith. I have examined the lease and everything seems to be in order except perhaps that portion of Paragraph VIII which provides that the Board may recover attorney's fees incurred in terminating the lease or recovering for an act of waste by the Lessee. It may be that the Board has the power to include such a provision, but I am unable to find an enabling statute. Section 29-3-131, in fact, provides that all expenses incurred shall be paid out of the proper Sixteenth Section funds.          “If the lease is acceptable, I would appreciate your having all 3 copies executed by the proper representative of the Forestry Commission and then having them returned to us. After recording, we will return the original lease.”          Section 29-3-85 states in part: . . . If any lessee of any such sixteenth section land shall commit, cause to be committed, or permit the commission of any act of waste on any

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