Benson v. Neshoba County Sch. Dist., et al.
| Docket Number: | 2011-CA-00132-COA Linked Case(s): 2011-CA-00132-COA ; 2011-CT-00132-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-22-2012 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Reclassification of sixteenth section land - Jurisdiction - Section 29-3-39 - Duty of board of education Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ. Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 12-28-2010 Appealed from: Neshoba County Chancery Court Judge: Edward Fenwick Disposition: GRANTED APPELLEES’ MOTIONS TO DISMISS Case Number: 2010-161 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Charles Benson, as Heir to the Estate of John S. Benson |
CALEB ELIAS MAY |
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| Appellee: | Neshoba County School District and Delbert Hosemann, Secretary of State for The State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LOWRY CHRISTOPHER LOMAX, ROBERT THOMAS | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Reclassification of sixteenth section land - Jurisdiction - Section 29-3-39 - Duty of board of education |
| Summary of the Facts: | Charles Benson filed an “Objection to the Reclassification of Sixteenth Section Land and for Determination of Lease” against the Neshoba County School District and Delbert Hosemann in his official capacity as Secretary of State for the State of Mississippi. Both the NCSD and the Secretary of State’s Office filed separate motions to dismiss. The chancellor found in favor of the NCSD and Secretary of State and dismissed Benson’s objection. Benson appeals. |
| Summary of Opinion Analysis: | Benson requests the Court to determine whether the chancery court has jurisdiction to enforce a provision in section 29-3-39 requiring all sixteenth section land be classified or reclassified within one year prior to the expiration of a lease. Benson argues that the burden fell on the NCSD to reclassify the property within one year prior to the expiration of his lease, and they failed to do so. Further, he argues he should be granted an extension of the lease with the same terms as the expired lease until reclassification and a determination of fair market rental value are completed. As section 29-3-39 states, it is the duty of the board of education to survey sixteenth section land and reclassify the land if there are changes of conditions in the use or nature of the land. The NCSD is the trustee of the sixteenth section land located in its jurisdiction and is responsible for any reclassification of the sixteenth section land there. As trustee of the land, the NCSD does not have authority to lease real property held in trust for substantially less than the fair value thereof. Any changes of conditions which would justify a reclassification must be changes that would require a reclassification to a more suitable use in order to produce a maximum of revenue. The judicial review by the chancery court of the action of the Land Commissioner in reclassifying sixteenth section lands is limited to a determination of whether or not the reclassification is required in order to produce a maximum of revenue. In this case, it is undisputed that reclassification is necessary as the land is not being used as a residence. Benson did not provide any evidence that the NCSD’s proposed reclassification of the land to forest land would not maximize revenue; instead, he merely objected to the reclassification because it was not the classification he would prefer. Thus, the chancery court’s decision to grant the motion to dismiss on the ground that its jurisdiction was limited to determining whether the NCSD’s reclassification produced the maximum revenue is affirmed. |
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