What is the maximum land a Mississippi beat-system county can buy for a road station, what can it be used for, and what happens if no longer needed?
Plain-English summary
Sean Dunlap, the Wayne County Board of Supervisors' grants administrator, asked three questions about Section 65-7-91, the statute that governs land for "stations for the working of the public roads" in beat-system counties:
- What is the maximum land a county can buy for a road station, including for staging materials?
- What are the reasonable and appropriate uses of that land? Can unused portions be set aside for other uses, such as public recreation?
- If a parcel bought for a road station is no longer needed, must it be declared surplus and sold to the highest bidder, or can it be repurposed for some other public use?
The AG worked through Section 65-7-91, which provides:
The board of supervisors may purchase or lease land upon which to establish stations for the working of the public roads, and may erect on the land barns, sheds, and other necessary buildings for the working of the public roads; but the board shall not purchase over ten (10) acres of land for any one (1) station. If the board is unable to purchase or lease, upon terms satisfactory to it, a site selected by it for a station, or in case it is unable to agree with any landowner as to the amount of compensation he shall receive for any land so selected, then the board may proceed to obtain not more than two (2) acres of said site by eminent domain . . . .
Answers:
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The cap is 10 acres per station. By the plain text. The eminent domain authority is even more limited: not more than 2 acres if negotiation fails.
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The "reasonable and appropriate" uses are limited to road-working purposes (barns, sheds, and other necessary buildings for the working of the public roads). Section 65-7-91 does not authorize other uses, and the AG was unaware of any other statute permitting them. Counties exercise only powers expressly conferred or necessarily implied (State ex rel. Patterson v. Board of Sup'rs of Warren County, 102 So. 2d 198, 208 (Miss. 1958)). Recreation is not a road-working purpose, and the statute does not let the county set aside unused portions for that.
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Disposal of county real estate no longer used for county purposes is governed by Section 19-7-3, which prescribes publication and bidding requirements. The AG also flagged that under home rule (general jurisdiction), the board may enter into an operation and/or management agreement under Section 19-3-41 in lieu of selling, conveying, or leasing the property. AG Op., Webb (Sept. 18, 2024), addressed this. So the board has options: surplus sale or operation/management agreement.
The opinion was specifically framed for beat-system counties under Section 19-2-5 (Wayne County operates that way). Counties using a unit system have somewhat different governance.
What this means for you
For boards of supervisors in beat-system counties
The 10-acre cap is statutory. If your road station needs more than 10 acres of contiguous land, you cannot acquire it under Section 65-7-91. For larger sites, look at other authority (general purchasing power for county purposes) or split the operation into multiple stations under the 10-acre cap each.
The 2-acre eminent domain limit is another constraint. If you cannot reach a deal with a private landowner on a site, you can only condemn 2 acres. Plan negotiations and parcel selection accordingly.
For uses, the property is for road work: barns, sheds, equipment storage, materials staging. Recreation, public events, leasing for other purposes are not authorized under Section 65-7-91. If the public benefits the county wants to provide are not road-working, do not use Section 65-7-91 land for them.
For county road managers and administrators
Plan road station footprints with the 10-acre cap in mind. Material staging is a permissible use (it is part of road-working). Building offices, equipment storage, and similar facilities are likewise permissible. But repurposing unused acreage for soccer fields, recreation centers, or other non-road uses is not permitted. If you have surplus land, the board should declare it surplus and follow disposal procedures.
For boards considering disposing of road station land
Section 19-7-3 sets the publication and bidding procedures. Follow them. Alternatively, the board may enter into an operation and/or management agreement under Section 19-3-41 (home rule). The 2024 Webb opinion recognized this as a valid alternative to outright sale.
If a municipality, county school district, or other public body wants the property for a public purpose, an interlocal agreement under home rule may be available. Document the public benefit in the resolution.
For state auditors
Watch for road station land being used for non-road purposes. The AG opinion is clear: Section 65-7-91 land is for road work only. Repurposing without legal authority is a problem.
For state legislators
If the policy goal is to allow more flexible county uses of road station land (for example, dual-use as community space), Section 65-7-91 does not allow that. A statutory amendment would be needed. The current 10-acre cap and road-only uses are tight.
Common questions
How much land can our county buy for a road station?
10 acres per station. Section 65-7-91 sets the cap.
Can we use eminent domain if we cannot agree with the owner?
Yes, but only for up to 2 acres. Section 65-7-91 limits the eminent domain authority for road stations to 2 acres.
Can we use the road station land for recreation or community events?
No. The AG read Section 65-7-91 to authorize only road-working uses (barns, sheds, equipment storage, materials staging). Other uses are not authorized.
What happens to a road station that is no longer needed?
The board can declare it surplus and dispose of it under Section 19-7-3 (publication and bidding). The board can also enter into an operation/management agreement under Section 19-3-41 (home rule) in lieu of selling.
Can we transfer the land to a school district or other public body?
That is a question for the county attorney; intergovernmental transfers are governed by other statutes. The AG opinion did not directly address transfer to another public body, but home rule authority and Section 19-3-41 may provide a path.
What if the land is bigger than 10 acres at the time of purchase?
The statute caps at 10 acres for purchase under Section 65-7-91. If the county already owns a larger parcel acquired under different authority, that is a different analysis. Counties may have other purchasing authority for non-road purposes.
Background and statutory framework
Section 65-7-91:
The board of supervisors may purchase or lease land upon which to establish stations for the working of the public roads, and may erect on the land barns, sheds, and other necessary buildings for the working of the public roads; but the board shall not purchase over ten (10) acres of land for any one (1) station. If the board is unable to purchase or lease, upon terms satisfactory to it, a site selected by it for a station, or in case it is unable to agree with any landowner as to the amount of compensation he shall receive for any land so selected, then the board may proceed to obtain not more than two (2) acres of said site by eminent domain, and the right of eminent domain for no more than two (2) acres is hereby conferred upon the boards of supervisors for said purposes.
Section 19-2-5 establishes the beat system for county road maintenance. Wayne County operates under this system.
Counties have only those powers expressly conferred by statute or necessarily implied. State ex rel. Patterson v. Board of Sup'rs of Warren County, 102 So. 2d 198, 208 (Miss. 1958).
Section 19-7-3 governs disposal of county real estate no longer used for county purposes, with publication and bidding requirements.
Section 19-3-41 is the county home rule statute. Counties may enter into agreements under their general contracting authority. AG Op., Webb (Sept. 18, 2024), confirmed that under home rule, the board may enter into operation/management agreements in lieu of selling, conveying, or leasing.
Citations
- Miss. Code Ann. § 19-2-5 (beat system for county road maintenance)
- Miss. Code Ann. § 19-3-41 (county general contracting authority; home rule)
- Miss. Code Ann. § 19-7-3 (disposal of county real estate)
- Miss. Code Ann. § 65-7-91 (10-acre cap for road station; 2-acre eminent domain limit)
- State ex rel. Patterson v. Board of Sup'rs of Warren County, 102 So. 2d 198 (Miss. 1958) (counties exercise only express or implied powers)
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/08/S.-Dunlap-August-25-2025-Mississippi-Code-Annotated-Section-65-7-91.pdf
Original opinion text
August 25, 2025
Mr. Sean Dunlap
Grants Administrator and Community Affairs Officer
Wayne County Board of Supervisors
609 Azalea Drive
Waynesboro, Mississippi 39067
Re:
Mississippi Code Annotated Section 65-7-91
Dear Mr. Dunlap:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented
1. Under Mississippi Code Annotated Section 65-7-91, what is the maximum amount of land
that the county can purchase as a "station for the working of the public roads," including
the storage of building or repair materials for staging purposes?
2. What are the reasonable and appropriate uses of any land purchased as "a station for the
working of the public roads" under state law? Can any unused portion of said property be
set aside for other uses, such as public recreation?
3. If a parcel of land purchased for use as "a station for the working of the public roads" is no
longer needed for such purpose, is the county "beat" required to declare the land as surplus
and sell it to the highest bidder, or can the property be repurposed for some other public
use?
Brief Response
1. The maximum amount of land a "beat" system county can purchase as a "station for the
working of the public roads" under Section 65-7-91 is ten (10) acres.
2. The only "reasonable and appropriate" use of property purchased according to Section 65-7-91 is as "a station for the working of the public roads."
3. Section 19-7-3 governs the disposal of county real estate no longer being used for county
purposes.
Applicable Law and Discussion
As an initial matter, this opinion is written with the understanding that Wayne County operates
under the traditional district or "beat" system of county road maintenance, pursuant to
Mississippi Code Annotated Section 19-2-5.
As to your first question, Section 65-7-91 provides:
The board of supervisors may purchase or lease land upon which to establish stations for
the working of the public roads, and may erect on the land barns, sheds, and other necessary
buildings for the working of the public roads; but the board shall not purchase over ten
(10) acres of land for any one (1) station. If the board is unable to purchase or lease, upon
terms satisfactory to it, a site selected by it for a station, or in case it is unable to agree with
any landowner as to the amount of compensation he shall receive for any land so selected,
then the board may proceed to obtain not more than two (2) acres of said site by eminent
domain, and the right of eminent domain for no more than two (2) acres is hereby conferred
upon the boards of supervisors for said purposes.
(emphasis added).
The statute limits the maximum amount of land the County can purchase for any one road-working
station to ten (10) acres.
As to your second question, Section 65-7-91 does not authorize any other uses of the road-working
station property by the county, nor are we aware of any other statute permitting such. County
boards of supervisors "can only exercise such powers as are expressly conferred by statute, or
which are necessarily implied." State ex rel. Patterson v. Board of Sup'rs of Warren County, 102
So. 2d 198, 208 (Miss. 1958) (internal citations omitted). Therefore, it is the opinion of this office
that the sole "reasonable and appropriate" use of a property purchased under Section 65-7-91 is as
a station for the working of the public roads, upon which may be erected "barns, sheds, and other
necessary buildings for the working of the public roads. . . ." Miss. Code Ann. § 65-7-91.
As to your third question, Section 19-7-3 governs the procedures for the disposal of county real
estate no longer being used for county purposes and prescribes various publication and bidding
requirements. We note, however, that under their general jurisdiction, or "Home Rule," the Board
of Supervisors may enter into an agreement "for the operation and/or management [of public
property] in lieu of selling, conveying, or leasing the property pursuant to its general contracting
authority provided in Section 19-3-41." MS AG Op., Webb at * 4 (Sept. 18, 2024).
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/ Caleb A. Pracht
Caleb A. Pracht
Special Assistant Attorney General