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2007 Mississippi Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagms0080 and id is 1 raw text is: Mississippi Attorney General Opinions Mr. James Heidel Office of the Attorney General May 25, 2007 Office of the Attorney General State of Mississippi *1 Opinion No. 2007-00249 *1 May 25, 2007 Re: House Bill 1150 (Laws of 2007) *1 Mr. James Heidel *1 Consultant *1 City of Jackson *1 Post Office Box 17 *1 Jackson, Mississippi 39205-0017 Dear Mr. Heidel: *1 Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and response. Your letter reads, and inquires, as follows: *1 On behalf of the Mayor of Jackson, the Honorable Frank E. Melton, l am requesting an Attorney General's Official Opinion as to the intent of HB 115 as passed by the legislature of 2007; specifically subsection 1 of what will be Code Section 21-17-1 of the Mississippi Annotated Code from and after July 1, 2007. *1 The interpretation of my department has it that the section in question affords the City of Jackson the latitude to transfer blighted property to a private entity under any of Section1 2 subsequent subsections; our legal department, however, has a different view. Therefore we need an official opinion as to the intent of the legislation. *1 In response to your inquiry, House Bill 1150 (Laws of 2007) clearly provides in its subsection 12 that the authority to transfer property owned by the city in the manner prescribed in its subsection shall be done upon a finding by resolution by the governing authority in its minutes. The language in subsection 12 consists of subparagraphs (a) through and (d), of which subparagraph (a) includes subparts (i) through (v). We assume, for the purposes of this opinion, that, because of the nature of the language in subparagraphs (b) and (d), your inquiry is specific to the subparagraph (a) and its corresponding subparts. It has been the position of this office that the best evidence of legislative intent is the text of the statute. MS AG Op., Easterling (August 19, 2005). See also Mississippi Gaming Commission v. Imperial Palace of Mississippi, Inc. 751, So, 2d 1025, 1028 (Miss 1999). Additionally, we have opined that the legislative intention must be determined by the total language of the statute and not from a segment considered apart from the remainder... MS AG Op., Woods (July 27, 1995), citing Bradyv. John Hancock Mutual Life Ins., Co., 342 So.2d 295, 298 (Miss.1977). It is clear from the language in subparts (i) through (v) of subparagraph (a), specifically by the presence of the term and following the semicolon in subpart (iv), that at least one of the provisions of subpart (i), as indicated by the term or, and all of the provisions contained in subparts (ii) through (v) must be complied with in order to effectuate the authority provided in subsection 12 of House Bill 1150 (Laws of 2007). Thus, we are of the opinion that the municipality must find and determine by resolution on its minutes that at least one of the provisions of subpart (i) and all of the provisions of subparts (ii) through (v) of subparagraph (a) have been complied with, in addition to subparagraphs (b) through (d), when transferring city owned property in the manner prescribed in subsection 12 of House Bill 1150 (Laws of 2007). A copy of the above referenced opinions have been provided for your review. *2 If our office may be of further assistance, please advise. Sincerely, *2 Jim Hood *2 Attorney General *2 By: Leigh Triche Janous *2 Special Assistant Attorney General END OF DOCUMENT

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