Q The city is negotiating the granting of a conservation easement, and Section 89-19-5(3) states, “a conservation easement is unlimited in its duration unless the instrument creating it otherwise provides.” Does this give the city the statutory authority to approve an easement that is perpetual?

A No. It has long been established in Mississippi that governing authorities of a municipality may not bind their successors in office to a contract, which takes away the successor board’s rights and powers conferred by law, unless there is express statutory authority to do so. In our opinion, Section 89-19-5 does not grant such specific statutory authority for a municipality to bind successor boards. (Attorney General’s Opinion to Brown, June 9, 2017)