Sixteenth section land; define rights of owners of land on which is located a body of water.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Horan, Hale

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1593

AN ACT TO AMEND SECTION 51-1-4, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT THE LEGISLATURE FINDS AND DECLARES THAT THE SIXTEENTH 2
SECTION TRUST IS SUPERIOR TO THE PUBLIC WATERS TRUST AND THEREFORE 3
THE RIGHTS OF THE OWNERS OF SIXTEENTH SECTION LAND ON WHICH IS 4
LOCATED A BODY OF WATER THAT IS A NAVIGABLE WATERWAY OR AN OXBOW 5
LAKE ARE SUPERIOR TO THE RIGHTS OF THE PUBLIC TO ACCESS AND USE 6
THE BODY OF WATER WITHIN THE SIXTEENTH SECTION LAND; TO AMEND 7
SECTION 1-3-31, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL 8
GENERAL DEFINITION OF NAVIGABLE WATERS; TO BRING FORWARD SECTIONS 9
27-109-1 AND 51-1-1, MISSISSIPPI CODE OF 1972, WHICH DEFINE 10
NAVIGABLE WATERS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND 11
SECTIONS 29-3-1, 29-3-41 AND 29-3-54, MISSISSIPPI CODE OF 1972, 12
WHICH PROVIDES THAT SIXTEENTH SECTION LANDS ARE PROPERTY HELD IN 13
TRUST FOR THE BENEFIT OF THE PUBLIC SCHOOLS, AS WELL AS THE 14
LEASING OF SIXTEENTH SECTION LAND FOR HUNTING AND FISHING PURPOSES 15
AND POSTING OF NOTICE OF TRESPASS, IN CONFORMITY TO THE PRECEDING 16
PROVISIONS; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 51-1-4, Mississippi Code of 1972, is 19
amended as follows: 20
51-1-4. (1) Those portions of all natural flowing streams 21
in this state having a mean annual flow of not less than one 22
hundred (100) cubic feet per second, as determined and designated 23
on appropriate maps by the Mississippi Department of Environmental 24
Quality, shall be public waterways of the state on which the 25
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citizens of this state and other states shall have the right of 26
free transport in the stream and the right to fish and engage in 27
water sports, except to the extent limited by subsection (9) of 28
this section. Persons exercising the rights granted by this 29
section shall do so at their own risk, and such persons, their 30
heirs or others on their behalf shall not be entitled to recover 31
any damages against any owner of property or an interest in 32
property on or along such public waterways or against anyone using 33
such property with permission of the owner for any injury to or 34
death of persons or damage to property arising out of the exercise 35
of rights granted by this section, other than those damages which 36
may be recovered for intentional or malicious torts or for gross 37
or willful negligence against the owner of property or an interest 38
therein or against anyone using such property with permission of 39
the owner. 40
(2) Nothing contained in this section shall authorize anyone 41
utilizing public waterways, under the authority granted by this 42
section, to trespass upon adjacent lands or to launch or land any 43
commercial or pleasure craft along or from the shore of such 44
waterways except at places established by public or private 45
entities for such purposes. 46
(3) Nothing contained in this section shall authorize any 47
person utilizing those public waterways, under the authority 48
granted by this section, to disturb the banks or beds of such 49
waterways or the discharge of any object or substance into such 50
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waters or upon or across any lands adjacent thereto or to hunt or 51
fish or go on or across any adjacent lands under floodwaters 52
beyond the natural banks of the bed of the public waterway. 53
Floodwater which has overflowed the banks of a public waterway is 54
not a part of the public waterway. 55
(4) The right of the public to use public waterways does not 56
include the use of motorized vehicles in the beds of a public 57
waterway without the written permission of the landowner. Any 58
person who uses a motorized vehicle in the bed of a public 59
waterway without the written permission of the landowner may be 60
punished as provided in Section 97-17-93. 61
(a) It shall be unlawful for any person to operate any 62
all-terrain vehicle, four-wheel-drive motorized vehicle, or other 63
wheeled or tracked conveyance within the bed of a public waterway 64
and following the meanders thereof in such a way as to cause 65
damage to the streambed. 66
(b) It shall be unlawful for any person to offer a 67
permission or a license for a fee for the operation of any of the 68
conveyances prohibited in this subsection within the bed of a 69
public waterway. 70
(c) A violation of this subsection shall be a Class II 71
violation and, upon conviction thereof, may be punished as 72
provided in Section 49-7-143. 73
(d) Nothing in this subsection shall be construed as 74
prohibiting the normal, usual and ordinary fording of streams by 75
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persons authorized to do so for legitimate recreational, 76
agricultural, forestry or other lawful purposes. 77
(5) Nothing contained in this section shall be construed to 78
prohibit the construction of dams and reservoirs by the State of 79
Mississippi or any of its agencies or political subdivisions, or 80
riparian owners, in the manner now or hereafter authorized by law, 81
or in any way to affect the rights of riparian landowners along 82
such waterways except as specifically provided hereinabove or to 83
amend or repeal any law relating to pollution or water 84
conservation, or to affect in any manner the title to the banks 85
and beds of any such stream or the title to any minerals 86
thereunder, or to restrict the mining or extraction of such 87
minerals or the right of ingress and egress thereto. 88
(6) The provisions of this section limiting the liability of 89
owners of property along public waterways and persons using such 90
property with permission of the owners shall not be construed to 91
limit any rights of claimants for damages under federal statutes 92
or acts applying to navigable streams or waterways or any other 93
civil causes of action subject to admiralty or maritime 94
jurisdiction, nor shall those provisions be construed to limit the 95
rights of any parties involved in litigation founded upon the 96
commercial or business usage of any navigable streams or 97
waterways. 98
(7) This section shall apply only to natural flowing 99
streams. 100
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(8) Any lake hydrologically connected to a natural flowing 101
stream and listed as a public waterway under subsection (1) on 102
July 1, 2000, and subsequently removed from that list before July 103
1, 2001, by the Commission on Environmental Quality because the 104
lake did not meet the requirements of subsection (1), shall be 105
presumed to be a public waterway until a court of competent 106
jurisdiction determines otherwise. Nothing in this subsection 107
shall be construed to determine the property rights in the bed or 108
banks of the lake, the right of ingress or egress across private 109
property to the lake, or mineral interests. 110
(9) The Legislature finds and declares that the sixteenth 111
section trust is superior to the public waters trust and therefore 112
the rights of the owners of sixteenth section land on which is 113
located a body of water that is a navigable waterway or an oxbow 114
lake are superior to the rights of the public to access and use 115
the body of water within the sixteenth section land. 116
SECTION 2. Section 1-3-31, Mississippi Code of 1972, is 117
amended as follows: 118
1-3-31. Except as otherwise provided in Section 27-109-1, 119
all rivers, creeks and bayous in this state, twenty-five (25) 120
miles in length, and having sufficient depth and width of water 121
for thirty (30) consecutive days in the year to float a steamboat 122
with carrying capacity of two hundred (200) bales of cotton, are 123
navigable waters of this state and public highways. In addition, 124
all rivers and streams that flow into the Mississippi River or the 125
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Gulf of Mexico and tributaries of those rivers and streams at sea 126
level are navigable waters of this state. 127
SECTION 3. Section 51-1-1, Mississippi Code of 1972, is 128
brought forward as follows: 129
51-1-1. Except as otherwise provided in Section 27-109-1, 130
all rivers, creeks and bayous in this state, twenty-five (25) 131
miles in length, that have sufficient depth and width of water for 132
thirty (30) consecutive days in the year for floating a steamboat 133
with carrying capacity of two hundred (200) bales of cotton are 134
hereby declared to be navigable waters of this state. 135
SECTION 4. Section 29-3-1, Mississippi Code of 1972, is 136
amended as follows: 137
29-3-1. (1) Sixteenth section school lands, or lands 138
granted in lieu thereof, constitute property held in trust for the 139
benefit of the public schools and must be treated as such. The 140
board of education under the general supervision of the State Land 141
Commissioner, shall have control and jurisdiction of said school 142
trust lands and of all funds arising from any disposition thereof 143
heretofore or hereafter made. It shall be the duty of the board 144
of education to manage the school trust lands and all funds 145
arising therefrom as trust property. Accordingly, the board shall 146
assure that adequate compensation is received for all uses of the 147
trust lands, except for uses by the public schools. 148
(2) In the event the board of supervisors declines to 149
approve the rental value of the land set by the board of 150
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education, the board of education shall within ten (10) days 151
appoint one (1) appraiser, the board of supervisors shall within 152
twenty (20) days appoint one (1) appraiser and the two (2) 153
appraisers so appointed shall within twenty (20) days appoint a 154
third appraiser whose duty it shall be to appraise the land, 155
exclusive of buildings and improvements, the title to which is not 156
held in trust for the public schools, and to file a written report 157
with each board setting forth their recommendation for the rental 158
value of the land within thirty (30) days. The cost of the 159
appraisal shall be paid from any available sixteenth section 160
school funds or other school funds of the district. If no appeal 161
is taken within twenty (20) days as provided hereunder, the lease 162
shall be executed in accordance with said recommended rental value 163
within thirty (30) days of the receipt of the appraisers' report. 164
In the event any party is aggrieved by the decision of the 165
appraisers setting forth the appraised rental value, the party so 166
aggrieved shall be entitled to an appeal to the chancery court in 167
which the land is located. Such appeal shall be taken within 168
twenty (20) days following the decision. The chancery court, on 169
appeal, may review all of the proceedings, may receive additional 170
evidence, and make findings of fact, as well as conclusions of law 171
to insure that a fair and reasonable return may be obtained on the 172
sixteenth section lands or lands in lieu thereof. 173
(3) (a) Notwithstanding any other provision of law, 174
doctrine or judicially recognized principle, including the public 175
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waters trust doctrine, the sixteenth section school trust shall 176
have priority over any asserted public trust interest in lands, 177
waters or submerged lands that are part of, appurtenant to, or 178
located within sixteenth section lands. 179
(b) Where any body of water, lake, stream or wetland is 180
located wholly or partially upon sixteenth section lands, or 181
overlays lands held in the sixteenth section school trust, those 182
lands and waters shall be deemed sixteenth section school trust 183
assets, subject to the exclusive control and management of the 184
appropriate school authorities. 185
(c) Any public trust interest shall yield to the extent 186
necessary to allow the state and local school governing 187
authorities to fulfill their fiduciary duties to the sixteenth 188
section school trust. 189
SECTION 5. Section 29-3-41, Mississippi Code of 1972, is 190
amended as follows: 191
29-3-41. (1) After any parcels of sixteenth section lands 192
have been classified as hereinabove provided, all land which has 193
been classified as forest land and which is not now under lease 194
shall hereafter not be leased. The lands classified as forest 195
lands which may be under a lease that has a fixed date of 196
expiration shall not be re-leased when said lease expires; nor 197
shall the lessee be permitted to cut or remove any timber 198
therefrom except according to the terms of his lease. Such lands 199
shall be reserved and kept as forest lands. Provided further, 200
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that the mineral rights in all such lands may be leased for oil, 201
gas, or mineral purposes, and the board of education may grant 202
leases to the surface of said lands classified as forest, which 203
are limited to hunting and fishing rights and activities in 204
relation thereto, and which shall not extend for a period longer 205
than fifteen (15) years. It shall be the duty of the board of 206
education to lease said hunting and fishing rights at public 207
contract after having advertised same for rent in a newspaper 208
published in said county or, if no newspaper be published in said 209
county, then in a newspaper having a general circulation therein, 210
for two (2) successive weeks, the first being at least ten (10) 211
days prior to said public contract. Said hunting and fishing 212
rights shall be leased to the person offering the highest annual 213
rental. Bids received by the board of education in response to 214
the advertisement shall be opened at a regular or special meeting 215
of the board. The board of education, at its option, may reject 216
all bids or accept the highest and best bid received in response 217
to the advertisement, or the board of education may hold an 218
auction among those who submitted bids in response to the 219
advertisement, provided that three (3) or more persons who 220
submitted bids in response to the advertisement participate in the 221
auction. The opening bid at the auction shall be the highest bid 222
received in response to the advertisement. Provided that if the 223
board of education receives an acceptable bid or elects to hold an 224
auction, the most recent holder of said hunting and fishing rights 225
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if it shall have made an offer, shall have the final right to 226
extend its lease for the term advertised at the annual rental 227
equal to said highest offer received by the board of education, or 228
equal to the highest bid offered at the auction, as the case may 229
be. 230
(2) If no bid acceptable to the board of education is 231
received after said advertisement, the board of education may, 232
within ninety (90) days, lease same by private contract for an 233
amount greater than the highest bid previously rejected. If the 234
board of education determines to lease the land by private 235
contract, the most recent holder of said hunting and fishing 236
rights, if it shall have made an offer, shall have the final right 237
to extend its lease on the same terms and conditions as those 238
contained in the private contract proposed to be accepted by the 239
board of education. 240
(3) (a) Each local school board, with review and approval 241
of the Office of the Secretary of State Division of Sixteenth 242
Section Land Management, may lease, convey or otherwise grant 243
exclusive hunting, fishing and recreational rights on sixteenth 244
section lands and waters located wholly or partially upon 245
sixteenth section lands. 246
(b) Any lease or grant of such rights shall be deemed a 247
trust management activity as prescribed in Section 29-3-1, and 248
revenues derived therefrom shall be applied solely for the benefit 249
of the sixteenth section school trust. 250
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(4) Except as expressly authorized by lease or written 251
permission of the school authorities or the lessee of sixteenth 252
section land classified as agricultural or forest land to which a 253
hunting, fishing or recreational lease has been executed by the 254
local school board, no member of the general public shall have a 255
right of access to sixteenth section lands or waters for hunting, 256
fishing or recreational purposes. Any violation of this subsection 257
shall constitute trespass upon the leasehold interest of the 258
lessee and leasing school board, for which a civil or criminal 259
cause of action may be instituted. 260
(5) The provisions of this section shall not be applicable 261
to an public tidelands and submerged lands lying under waters 262
naturally subject to tidal influence. 263
SECTION 6. Section 29-3-54, Mississippi Code of 1972, is 264
amended as follows: 265
29-3-54. Any leaseholder of sixteenth section land, or land 266
granted in lieu thereof, which may also contain any body of water, 267
lake, stream or wetland is located wholly or partially thereon, 268
shall be authorized to post such land against trespassers * * *. 269
The posting shall not prohibit the inspection of said lands by 270
individuals responsible for the management or supervision thereof 271
acting in their official capacity. In the event hunting or 272
fishing rights have been leased on lands classified as forest 273
land, the holder of such rights and the State Forestry Commission 274
shall be authorized to post such land against trespassers. 275
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ST: Sixteenth section land; define rights of
owners of land on which is located a body of
water.
SECTION 7. This act shall take effect and be in force from 276
and after July 1, 2026. 277