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:

1. What is the maximum land a county can buy for a road station, including for staging materials?
2. What are the reasonable and appropriate uses of that land? Can unused portions be set aside for other uses, such as public recreation?
3. 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:

1. 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.

2. 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.

3. 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

On the opinion's reading of § 65-7-91, the board "shall not purchase over ten (10) acres of land for any one (1) station," and if it cannot agree with a landowner it "may proceed to obtain not more than two (2) acres of said site by eminent domain." The opinion concludes that "the sole 'reasonable and appropriate' use" of land purchased under § 65-7-91 is as "a station for the working of the public roads," on which the board may erect "barns, sheds, and other necessary buildings for the working of the public roads." It found no statute authorizing other uses, citing State ex rel. Patterson for the rule that counties exercise only powers "expressly conferred by statute, or which are necessarily implied." The opinion specifically declined to read the statute as allowing an unused portion to be set aside for public recreation.

For boards considering disposing of road station land

The opinion holds that § 19-7-3 "governs the procedures for the disposal of county real estate no longer being used for county purposes" with its publication and bidding requirements. It adds that, under home rule, the board may instead enter 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," citing the 2024 Webb opinion.

For state legislators

The opinion interprets § 65-7-91 as written: a 10-acre cap, a 2-acre eminent-domain limit, and road-working use only. It does not recommend any change to the statute.

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?
The opinion reads § 65-7-91 to authorize only use as "a station for the working of the public roads," with "barns, sheds, and other necessary buildings for the working of the public roads." It found no statute authorizing other uses and declined to read the statute as allowing an unused portion to be set aside for public recreation.

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?
The opinion did not address transfer to another public body. It addressed only the disposal route under § 19-7-3 and the home-rule operation/management option under § 19-3-41.

What if the land is bigger than 10 acres at the time of purchase?
The opinion reads § 65-7-91 as capping a purchase "for any one (1) station" at 10 acres. It does not address land a county may hold under some other authority.

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
4. 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.
5. 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."
6. 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