In Mississippi, who decides parking around the county courthouse, the sheriff or the board of supervisors?

Plain-English summary

In Humphreys County a question came up about who controls parking around the courthouse. The county attorney asked whether the sheriff or the board of supervisors has the authority to assign parking spaces on the courthouse grounds.

The AG: it is the board.

Miss. Code Ann. § 19-7-33 expressly empowers the board of supervisors of any county to "regulate the parking of motor vehicles on county public lands on which the courthouse and other county buildings are located, or any other lands under the control and jurisdiction of the county." A 1986 AG opinion (Harper) had already said the same thing about general parking regulation. The Bailey opinion extends that to assignment of specific spaces, treating individual space assignment as one form of the broader regulatory authority the statute grants.

The opinion does not strip the sheriff of any general law-enforcement role on the grounds. It simply locates the policy-making authority over who parks where with the board.

What this means for you

If you serve on a county board of supervisors

You can adopt a parking plan for the courthouse grounds. That includes setting reserved spaces for the chancery clerk, the circuit clerk, jurors, the sheriff's department, marked official vehicles, judges, and elected county officials. Adopt the plan by order spread on the minutes so it is enforceable and on the record. If the sheriff has been making space assignments by practice, formalize it by adopting the existing assignments or replacing them.

If you are a Mississippi sheriff

This opinion does not say you lack authority on courthouse grounds; it says space-assignment policy is a board function. You retain general law-enforcement authority, including ticketing or towing for blocked fire lanes, illegally parked vehicles, and security threats. If you want a specific reserved space for a patrol vehicle or for visiting law-enforcement personnel, ask the board to put it on the parking plan.

If you are an elected official with a courthouse office

A reserved or marked space is something you ask the board for, not the sheriff. Bring a written request to a board meeting and ask the board to vote it onto the minutes. Once it is in the board's order, the assignment is documented and enforceable.

If you are a member of the public, juror, or attorney

Parking signage and assignments around the courthouse should reflect the board's order. If a space is marked reserved and you are not sure who has authority to enforce it, the answer is that the board defined the rule and the sheriff (or other county law-enforcement) enforces it. Disputes about what the rule should be go to the board, not the sheriff.

Common questions

Q: Does the sheriff have any authority over courthouse parking?
A: The opinion is narrow. It says the board, not the sheriff, has authority to regulate and assign spaces. It does not address the sheriff's general law-enforcement powers. A sheriff or deputy can still enforce traffic and parking rules adopted by the board, just like any other ordinance.

Q: What does "assign parking spaces" actually allow?
A: The opinion reads the board's regulatory authority broadly. That covers reserving named spaces for officials, designating accessible spaces, setting time-limited spaces (e.g., 30-minute jury check-in), and barring parking in specific areas. The driver of authority is § 19-7-33's grant to "regulate" parking, and assignment is treated as one form of regulation.

Q: Does this apply to other county buildings beyond the courthouse?
A: § 19-7-33 itself reaches "courthouse and other county buildings . . . or any other lands under the control and jurisdiction of the county." The same answer applies to county-owned office buildings, road department yards, and similar properties.

Q: Does the chancery clerk or another elected official inside the courthouse get a say?
A: An elected official can ask, and the board can grant a reserved space, but the formal authority rests with the board. The clerk does not have independent authority to designate parking around the building.

Q: What if the courthouse grounds are leased or shared with a city?
A: The opinion assumes the board controls the grounds. If the parcel is owned or controlled by a different entity (a municipality or a lease arrangement with a private owner), authority would follow the title and the lease. § 19-7-33 attaches to county-controlled lands.

Q: Can the board delegate parking decisions to a county administrator or the sheriff?
A: The opinion does not address delegation. As a practical matter, day-to-day administration of a parking plan is often handled by a county administrator with the board's approved plan as the underlying policy. The policy itself remains the board's.

Background and statutory framework

Mississippi gives counties broad authority over their own real property. § 19-7-33 is a specific statute that addresses one aspect of that broader authority: regulating motor-vehicle parking on county public lands, including the lands the courthouse sits on. The AG's office had already applied that statute to parking regulation generally in the 1986 Harper opinion. The Bailey opinion just confirms that "regulate" is broad enough to cover the routine task of assigning specific spaces to specific people or uses.

Sheriffs in Mississippi have wide authority over the courthouse, especially on courtroom security. But authority to set the parking layout around the building is not part of that. The board owns the policy decision; the sheriff enforces public peace and lawful regulations on the grounds.

Citations

• Miss. Code Ann. § 19-7-33 (board authority to regulate parking on county public lands)
• MS AG Op., Harper (Nov. 20, 1986) (board of supervisors, not sheriff, regulates parking on county public lands)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/08/W.Bailey-August-22-2022-Authority-to-Assign-Parking-Spaces-on-Premises-Around-the-Courthouse.pdf

Original opinion text

August 22, 2022

Willie L. Bailey, Esq.
Attorney, Humphreys County Board of Supervisors
Post Office Box 189
Greenville, Mississippi 38702-0189
Re:

Authority to Assign Parking Spaces on Premises Around the Courthouse

Dear Mr. Bailey:
The Office of the Attorney General has received your request for an official opinion.
Question Presented

Does the Sheriff or Board of Supervisors have the authority to assign parking spaces on the
premises around the courthouse?
Brief Response
Pursuant to Mississippi Code Annotated Section 19-7-33, the Board of Supervisors has the
authority to regulate parking on the premises around the courthouse.
Applicable Law and Discussion
Section 19-7-33 provides, "[t]he board of supervisors of any county is hereby authorized and
empowered to regulate the parking of motor vehicles on county public lands on which the
courthouse and other county buildings are located, or any other lands under the control and
jurisdiction of the county." Accordingly, we have previously opined that the board of supervisors,
not the sheriff, has the authority to make and adopt regulations concerning the parking of vehicles
on the public lands upon which the courthouse and other county buildings are located. MS AG
Op., Harper at *1 (Nov. 20, 1986). It is our opinion that the board's authority to regulate parking
on county public lands includes the authority to assign parking spaces on the premises around the
courthouse.

If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General