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 locates the authority to regulate and assign courthouse parking with the board. It addresses only that question.

What this means for you

For county boards of supervisors

Under the opinion, the board, not the sheriff, has the authority to regulate parking on the county public lands around the courthouse, and that authority "includes the authority to assign parking spaces on the premises around the courthouse." The opinion grounds this in Section 19-7-33 and a 1986 opinion (Harper) holding the board, not the sheriff, makes and adopts parking regulations on the lands where the courthouse and other county buildings sit.

For sheriffs and other county officials

The opinion answers only who sets parking policy around the courthouse: the board. It does not address the sheriff's other duties on the grounds, and it does not give any other county official independent authority over courthouse parking.

Common questions

Q: Who decides parking around a Mississippi county courthouse, the sheriff or the board?
A: The board of supervisors. The opinion holds that under Section 19-7-33 the board "has the authority to regulate parking on the premises around the courthouse," and that authority "includes the authority to assign parking spaces."

Q: Does the board's authority cover only the courthouse?
A: No. The opinion quotes Section 19-7-33, which reaches parking "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."

Q: Does the sheriff have authority to assign courthouse parking spaces?
A: No. The opinion says the board, not the sheriff, has the authority to regulate and assign parking on those lands. It does not address the sheriff's other powers.

Background and statutory framework

Section 19-7-33 authorizes the board of supervisors 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 county's control and jurisdiction. The office applied that statute to parking regulation generally in the 1986 Harper opinion, which held the board, not the sheriff, makes and adopts those regulations. The Bailey opinion confirms that the authority to "regulate" parking is broad enough to include assigning specific spaces.

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