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S. B. No. 2855 *SS08/R1166* ~ OFFICIAL ~ G1/2
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To: Finance; Municipalities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Wiggins
SENATE BILL NO. 2855
AN ACT TO AMEND SECTION 21-1-59, MISSISSIPPI CODE OF 1972, TO 1
DEFINE AN INDUSTRIAL ZONE AS A PROJECT WHOSE OPERATOR MAY ENTER 2
INTO AN AGREEMENT WITH A MUNICIPALITY, FOR A PERIOD NOT TO EXCEED 3
30 YEARS, PROVIDING THAT THE MUNICIPALITY SHALL NOT ANNEX THE 4
PROJECT SITE WITHOUT WRITTEN CONSENT FROM THE OPERATOR OF THE 5
PROJECT; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 21-1-59, Mississippi Code of 1972, is 8
amended as follows: 9
21-1-59. (1) No municipality shall be created or shall 10
change its boundaries so as to include within the limits of such 11
municipality any of the buildings or grounds of any state 12
institution, unless consent thereto shall be obtained in writing 13
from the board of trustees of such institution or such other 14
governing board or body as may be created for the control of such 15
institution. Inclusion of the buildings or grounds of any state 16
institution within the area of a municipal incorporation or 17
expansion without the consent hereinabove required shall be 18
voidable at the option of the affected institution within six (6) 19
months after the institution becomes aware of the inclusion. Upon 20
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consent to inclusion within the area of a municipal incorporation 21
or expansion, a state institution may require, subject to 22
agreement of the municipality involved, conditions relating to 23
land use development, zoning requirements, building codes and 24
delivery of governmental services which shall be applicable to the 25
buildings or grounds of the institution included in the 26
municipality. 27
Provided further, that any future changes in the boundaries 28
of a presently existing municipality which extends into or further 29
extends into a county other than the county in which the 30
municipality's principal office is located shall not affect the 31
public school district located in the annexed area, unless and 32
until consent thereto shall have first been obtained in writing 33
from the board of trustees of the school district proposed to be 34
partially or wholly included in the change of municipal 35
boundaries. 36
Provided further, that any change in the boundaries of a 37
presently existing municipality of any Class 1 county having two 38
(2) judicial districts, being traversed by U.S. Highway 11 which 39
intersects U.S. Highway 84, shall not affect the public school 40
district located in the annexed area and shall not change the 41
governmental unit to which the school taxes are paid, unless 42
approved by referendum as hereinafter provided. 43
In the event that twenty percent (20%) of the registered 44
voters residing within the area to be annexed by a municipality 45
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petition the governing body of such municipality for a referendum 46
on the question of inclusion in the municipal school district 47
within sixty (60) days of public notice of the adoption of such 48
ordinance, such notice given in the same manner and for the same 49
length of time as is provided in Section 21-1-15 with regard to 50
the creation of municipal corporations, the governing body of the 51
county in which the area to be annexed is located shall hold a 52
referendum of all registered voters residing within the area to be 53
annexed on the question of inclusion in the municipal school 54
district. Approval of the ordinance shall be made by a majority 55
vote of the qualified electors voting in said referendum to be 56
held within ninety (90) days from the date of filing and 57
certification of the petition provided for herein on the question 58
of such extension or contraction. The referendum shall be held in 59
the same manner as are other county elections. 60
The inclusion of buildings or grounds of any state 61
institution within the area of a municipal incorporation or 62
expansion in any proceedings creating a municipality or enlarging 63
the boundaries of a municipality prior to the effective date of 64
Senate Bill 2307, 1987 Regular Session (Chapter 359, eff March 18, 65
1987), is hereby ratified, confirmed and validated, regardless of 66
whether such inclusion was in conformity with the requirements of 67
this section at the time of such proceedings, and such inclusion 68
shall not be void or voidable by any affected state institution on 69
or after the effective date of Senate Bill 2307, 1987 Regular 70
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Session (Chapter 359, eff March 18, 1987). This paragraph shall 71
not be applicable to and shall not be construed to validate the 72
inclusion of buildings or grounds of any state institution within 73
the area of a municipal incorporation or expansion where such 74
inclusion or the proceedings involving such inclusion were 75
declared invalid or void in a final adjudication of a court of 76
competent jurisdiction prior to the effective date of Senate Bill 77
2307, 1987 Regular Session (Chapter 359, eff March 18, 1987), and 78
the decision of such court was not appealed within the applicable 79
time period for appeals from such court or was not overturned by 80
any court to which an appeal may have been made. 81
(2) The governing authorities of a municipality may enter 82
into an agreement with an enterprise operating a project as 83
defined in Section 57-75-5(f)(iv)1, * * * 57-75-5(f)(xxi), * * * 84
57-75-5(f)(xxviii) or * * * 57-75-5(f)(xxix), or subsection (3) of 85
this section, providing that the municipality shall not change its 86
boundaries so as to include within the limits of such municipality 87
the project site of such a project unless consent thereto shall be 88
obtained in writing from the enterprise operating the project. 89
Such agreement may be for a period not to exceed thirty (30) 90
years. Such agreement shall be binding on future governing 91
authorities of such municipality. 92
(3) A project referenced in subsection (2) of this section 93
includes an industrial zone defined by the following boundaries: 94
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Commencing at a point at the common corner of Sections 95
32 and 33 of Township 7 South, Range 5 West and Sections 96
4 and 5 of Township 8 South Range 5 West, said Point 97
lying on the north Right of Way of Stennis Blvd and said 98
point being the POINT OF BEGINNING; 99
thence run west along the southern line of section 32 of 100
Township 7 South, Range 5 West approximately 1334 ft to 101
the intersection with the existing corporate limits of 102
the City of Pascagoula as recorded In the Matter of the 103
Enlargement and Extension of the Municipal Boundaries of 104
the City of Pascagoula, Jackson County Mississippi, 105
Civil Action No. 99-1175-WM, on July 09, 1999; 106
thence run southerly, westerly and southwesterly along 107
said corporate limits of the City of Pascagoula to the 108
intersection with the eastern line of Section 19 109
Township 8 South Range 5 West; 110
thence continue south along the east line of Section 19 111
and west line of section 20 approximately 6469 ft along 112
a southerly extension of the west line of Section 20 113
Township 8 South Range 5 West to a point in the 114
Mississippi Sound that intersects an easterly extension 115
of the southern boundary of the Pascagoula City Limits 116
as described in In the Matter of the Enlargement and 117
Extension of the Municipal Boundaries of the City of 118
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ST: Industrial project; define and allow to
enter 30-year agreement with municipality that
municipality shall not annex.
Pascagoula, Jackson County Mississippi, Civil Action No. 119
99-1175-WM, on July 09, 1999; 120
thence run easterly approximately 13,210 ft to the east 121
line of the West half section 27 Township 8 South Range 122
5 West; 123
thence run northerly approximately 24,158 ft along the 124
east line of the West half of sections 27, 22, 15, 10, 125
and 3 Township 8 South Range 5 West to the northeast 126
corner of the northwest quarter of section 3 Township 8 127
South Range 5 West; 128
thence run westerly approximately 2648 ft along the 129
north line of section 3 Township 8 South Range 5 West to 130
the northwest corner of section 3 Township 8 South Range 131
5 West; 132
thence run northerly approximately 97 ft along the east 133
line of section 4 Township 8 South Range 5 West to the 134
northeast corner of section 4 Township 8 South Range 5 135
West; 136
thence run westerly approximately 5273 ft along the 137
north line of section 4 Township 8 South Range 5 West to 138
the northwest corner of section 4 Township 8 South Range 139
5 West, said point being THE POINT OF BEGINNING. 140
SECTION 2. This act shall take effect and be in force from 141
and after its passage. 142