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Lipscomb v. Columbus Municipal Separate School Dist.

Section 95 of the 1890 Mississippi Constitution impairs the renewal terms of certain lease contracts concerning original leases executed before the ratification of the 1890 Constitution; because voiding the current lease rates on the school lands substantially impairs the contract rights of the leaseholders, and the state's threatened action (to invalidate the leases) is not reasonable and necessary, voiding the school land leases would violate the contract clause.

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As amended October 5, 2001

Appeal from the United States District Court For the Northern District of Mississippi

This case requires us to examine a collision between the Contract Clause of the United States Constitution and Mississippi’s effort to escape rent and renewal terms of leases of sixteenth section land in Columbus, Mississippi dating back to the early nineteenth century. The Secretary of State of Mississippi and the State maintain that the rental and renewal terms are invalid because their perpetuation of rents that are now nominal violate a provision of the 1890 Mississippi Constitution forbidding the donation of public property to private parties. Lipscomb sues for a declaration that the efforts of the Secretary of State to invalidate these leases violates the Contract Clause. The district court held that invalidating the leases would violate the Contract Clause. We affirm.

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