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§ 55-7-15. Acquisition Of Lands By Commission; Confirmation Of Title To Submerged Lands

The bridge and park commission which has acquired submerged lands, and before such lands have been reclaimed, shall bring its suit in the chancery court of the county in which such lands lie, against the state and all the world for confirmation of the commission's title to such submerged lands, as provided by law for the confirmation of patents issued by the state. Upon the hearing of such cause, if the court shall find that the reclamation of the said lands does not constitute an obstruction of the navigable waters of the state and does not interfere with the rights of the public generally to use the navigable waters of the state for fishing, boating, and other public uses, and that the reclamation and sale of said lands has or will, in whole or in part, contribute toward the deepening of a channel or channels for boats and improvement of navigation of any of the navigable waters of this state, and that a fair and adequate consideration has been paid or is to be paid for such property, then the court shall confirm the title to the property and forever set at rest any claims by the State of Mississippi in its sovereign capacity as proprietor of said lands.

Any of the parties of the suit may appeal as in other proceedings in chancery, provided any interlocutory appeal is taken within ten (10) days after the rendition of the decree from which the appeal is desired and provided that any final appeal is taken within sixty (60) days from the date of the rendition of the final decree. Any title perfected by a decree in a suit under this section shall forever estop and preclude the state and other parties from thereafter questioning the validity of the patent and deed involved in such proceedings. SOURCES: Codes, 1942, § 5974-04; Laws, 1960, ch. 434, § 4; Laws, 1962, ch. 216, § 2; Laws, 1964, 1st Ex. Sess. ch. 20; Laws, 1966, ch. 274, § 1, eff from and after passage (approved February 3, 1966).

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Local Government
Phil Bryant
Phil Bryant
January 10, 2012 -
200 South Lamar, Suite 800, Jackson, MS, 39201