Rule 6-401-1.10 - REAL PROPERTY ACQUISITIONSThe 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.6 Miss. Code. R. 401-1.10
Miss. Code Ann. § 51-11-11; § 51-11-13.