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1988 Mississippi Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagms0004 and id is 1 raw text is: STATE OF MISSISSIPPI MIKE MOORE OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OFFICIAL ATTORNEY GENERAL'S OPINION JUL 2 9 1988 Honorable Ben H. Stone Attorney, Mississippi State Port Authority Post Office Box 130 Gulfport, Mississippi 39502-0130 RE: INVESTMENT OF MISSISSIPPI PORT AUTHORITY FUNDS Dear Mr. Stone: Attorney General Mike Moore has received your request for an opinion and has assigned it to me for research and reply. For ease of reference we attach and incorporate herein a copy of your request along with the final contract for State ownership of the Port of Gulfport which you forwarded under separate cover. Examination of the applicable law and the attached contract reveals that the Mississippi State Port Authority was established under the provisions of Chapter 365 of the laws of Mississippi of 1958, as amended. Chapter 365 is now codified as Sections 59-5-1 through 59-5-65, Mississippi Code of 1972. More specifically, the City of Gulfport and the Gulfport Port Commission contracted with the Mississippi Agricultural and Industrial Board to convey the Port of Gulfport to the State un- der authority of Sections 59-5-17 and 59-5-19. The attached con- tract is the final manifestation of this transfer of ownership. Having accomplished this transfer, the State became the owner and operator of the Port through the Agricultural and In- dustrial-Board acting through a State Port Authority which is an agency of the State created under Section 59-5-21. As you know, the Agricultural and Industrial Board is now the Board of Economic Development. See Section 57-1-3 (Supp. 1987). With this factual background, we now examine your specific request. We concur with your letter that the applicable statutory provisions reveal no expressed grant of authority em- OFFICE OF THE ATTORNEY GENERAL STATE OF MISSISSIPP! Digitized from Best Copy Available

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