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2022 Op. Miss. Att'y Gen. 1 (2022)

handle is hein.sag/sagms0095 and id is 1 raw text is: ATTORNEY GENERAL
January 14, 2022
John Keith Perry, Jr.
Attorney, Tunica County Board of Supervisors
5699 Getwell Road, Bldg. G5
Southaven, Mississippi 38672
Re:   Miss. Code Ann. § 27-31-46 and Fee-in-lieu of Ad Valorem Taxes
Dear Mr. Perry:
The Office of the Attorney General has received your request for an official opinion.
According to your request, the Tunica County Board of Supervisors (the Board) and local
economic development representatives have entered into discussions with the developer of a
renewable energy project (the Project). Your request states the developer is interested in locating
the Project in Tunica County and spending in excess of $100,000,000.00 in capital investment.
The developer wants the Board to grant not only a fee-in-lieu of ad valorem taxes, but also an ad
valorem tax exemption under the recently enacted Mississippi Code Annotated Section 27-31-46.
Questions Presented
1. May the 50% exemption granted pursuant to Section 27-31-46 exceed a period of ten
2. If the 50% exemption is limited to ten years in duration, does the substantial completion
date trigger the beginning of the exemption period, or is there any discretionary flexibility
in determining the beginning of the period?
3. May the Board legally approve and grant, if it chooses to do so, the exemption under
Section 27-31-46, while simultaneously granting the fee-in-lieu pursuant to Section 27-31-
104, or is the Board limited to granting one or the other?
4. If the Board may legally approve and grant both the fee-in-lieu pursuant to Section 27-31-
104 and the 50% exemption under Section 27-31-46, may the Board include the agreement
for the 50% exemption in the fee-in-lieu agreement, and may the Mississippi Development
TELEPHONE (601) 359-3680

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