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Mississippi State Land Right-of-Way (3-MS-b)

Information current as of 2020
In Mississippi, a developer may need a State Land Right-of-Way Easement or Lease (Easement/Lease) from the appropriate state agency with jurisdiction over the land, if the proposed project will be located in, on, or above state-owned real property.

Miss. Code. § 29-1-1 and § 29-1-21 give the Mississippi Secretary of State authority and management control over state lands including lands sold to the state for taxes (tax lands). With the approval of the Governor, the Mississippi Secretary of State can sell these tax lands or transfer the tax lands to any other state agency, county, municipality or subdivision of the state. Miss. Code. § 29-1-21.

Additionally, the Mississippi Secretary of State can rent or lease all remaining lands within the agencies’ jurisdiction. Miss. Code. § 29-1-107(1). Leases issued by the Secretary of State cannot exceed a period of 1 year and cannot involve hunting or fishing. Miss. Code. § 29-1-107(1). However, the majority of public lands in Mississippi have been distributed to other state agencies. See Mississippi Public Lands By Agency Document.

State Land Right-of-Way Process

3-MS-b.1 — Contact Appropriate State Agency with Jurisdiction Over the Proposed Project Area

The developer should contact the appropriate state agency with jurisdiction over the state land in question about obtaining an Easement/Lease.

All associations or corporations operating as a public utility have the authority to construct electrical lines on and over all Mississippi State tax lands and unimproved sixteenth sections. Unimproved lands do not contain any structures or connections to utilities or services. These entities maintain this power without needing to pay the state for the easements. Miss. Code. § 77-5-47. The developer should contact the state school board with jurisdiction over the section sixteen land to obtain an easement for electrical lines.

3-MS-b.2 to 3-MS-b.3 — Will the Proposed Project be Located on State Public Trust Tidelands?

If a project will occupy public trust tidelands or submerged lands, the developer must obtain a Standard Lease from the State of Mississippi. Miss. Code. § 29-1-107(2)(a). The developer must submit a complete Standard Lease Application (Application) to the Mississippi Secretary of State. A complete Application must include, at minimum, the following:

  • Name, address, telephone number, and social security number
  • Property location (county, section, township and range), affected water-body, vicinity map
  • Evidence of title to or assignment of upland riparian property
  • Two (2) copies of a survey prepared signed, and sealed by a registered land surveyor
  • An application processing fee of $150

Mississippi Secretary of State Tidelands Lease Application Website.

3-MS-b.4 to 3-MS-b.6 — Will the Proposed Project Involve Pipelines?

If a project will construct pipelines in, on, under or across state owned land, then the developer must obtain an Easement from the Mississippi Secretary of State. Miss. Code. § 29-1-101.

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Contact Information

Edit Mississippi Secretary of State
Tidelands Attorney 228-864-0254 Visit Website