55-25-1 - Establishment; purpose; acquisition of rights in land; acceptance of funds; contracts for operation and maintenance of trails. - Mississippi Statutes

§ 55-25-1. Establishment; purpose; acquisition of rights in land; acceptance of funds; contracts for operation and maintenance of trails.
 

(1)  The board of supervisors of one or more counties and the governing authorities of one or more municipalities located within participating counties are hereby authorized to act jointly in the establishment of a Rails-To-Trails Recreational District (hereinafter in this chapter "district") by spreading upon their minutes a resolution establishing such a district. The boundaries of the district shall be defined by a general description in the resolution. 

(2)  A district shall be established for the purpose of utilizing available railroad rights-of-way as public recreational trails or as interim trails for rail banking as set forth in Section 8(d) of the National Trails Systems Act (16 U.S.C.S. 1247(d)), and a district may acquire by gift or purchase, title to or any lesser interest in, such available railroad right-of-way. 

(3)  Districts may by gift or purchase acquire title to, or any lesser interest in, any areas abutting the rights-of-way of acquired railroad rights-of-way which are or may be needed for the construction of trail-user support facilities. Easements and rights-of-way upon, over, under, along or across any land the fee title of which has been acquired by a district for a trail project may be granted by such district so long as the use of the easement or right-of-way does not interfere with the use of the land as a trails project and only after such grant shall have been first approved by the counties and municipalities participating in the district. 

(4)  A district may accept funds from any source, public or private, for the purpose of acquiring lands and planning, constructing, operating and maintaining trails under the provisions of this chapter. Districts may also execute contractual agreements with the Department of Wildlife, Fisheries and Parks or with any existing water district having jurisdiction in the counties or parts of counties comprising a district by which the department or water district will assume responsibility for the operation and maintenance of a trail developed under this chapter. 
 

Sources: Laws,  1994, ch. 574, § 1, eff from and after passage (approved April 7, 1994).