OPINION COLUMN: The Erosion of Mississippi's Public Trust Tidelands
Last week, coastal media outlets announced a local judgment against state control of state-owned tidelands, going as far to claim the State is trying to control casino leases, question future tidelands fund contributions,and doubt the use of taxpayer dollars on these lawsuits.
Once again, and similarly to my predecessors, I find myself in the crosshairs of local authorities acting in their own best interest while performing my responsibility as trustee of the Public Trust Tidelands. While I cannot and will not contest every biased media outlet, it is imperative to reaffirm the costly effects of not assuming the fiduciary duty owed to all statewide beneficiaries.
In 1989, the Mississippi Legislature codified its public policy in favor of preserving tidelands and submerged lands in their natural state while allowing the Secretary of State the authority to rent or lease said land. Further, the fund was established to ensure all revenue generated was shared across the three coastal counties to further preserve and protect the Public Trust Tidelands while enhancing public access to the Tidelands.
When I took office in 2020, the legal authorities giving the Secretary of State’s Office management and control over the tidelands on behalf of the State were numerous and uncontroversial. They ranged from legislative statutes to judicial cases requiring the Secretary of State to act in the best interests of the public to facilitate greater access and enjoyment of the tidelands.
Since then, locally elected judges have led the way in eroding these authorities to allow for increasing private use of the public sand beach, while taking away this office’s ability to manage tidelands for the State’s benefit. Recent events have demonstrated the clash over control of the public tidelands property, the public sand beach, and the collection of related rents. Instead of principled uniform management, this erosion has fractured management into several different bodies, each with its own agenda, creating conflicts within the trust.
For instance, the City of Biloxi has assumed the role of issuing private-use leases over the public sand beach in favor of certain new casino developments while providing good-ole-boy lease rates. When compared to the average casino rent paid to the State for the same use, Biloxi’s “preferred” leases have no basis in fair market value and do not go to the public trust tideland fund as required by the legislature. Biloxi is the only beneficiary under this scheme to the detriment of other Coastal cities and the state as a whole.
To be clear, the State’s position is not to control development or attempt a land grab. As a matter of fact, proposed legislation my office drafted gave cities even more control. The principles applied have and will always be consistent with the purpose of the Tidelands Act. I whole-heartedly support development, casinos or otherwise, because of the benefits to the Tidelands Fund. Last fiscal year alone, the Tidelands Fund garnered $11,426,985 under my management, and if functioning as originally intended, this amount should only increase.
However, should the court system continue to diminish the Secretary of State’s role in safeguarding the public trust tidelands while the legislature remains questionably quiet, Mississippians are well on their way to seeing a dramatic decline in the tidelands fund income used to support public access and management projects across the entirety of the coast. Look no further than the aforementioned article questioning whether the latest summary judgment provides an out for a coastal onshore casino in Biloxi having to pay the statutory in-lieu rents into the tidelands fund. While I do not believe it does, a locally elected judge may disagree, which would result in north of a $600,000 hit to the fund.
But where, you ask, would the money go? Ask the City of Biloxi.
All of Mississippi should be concerned, and as long as I’m Secretary of State, I will act to uphold my duties as Public Trust Tidelands trustee, but more importantly, follow the law.
MICHAEL WATSON
Secretary of State
State of Mississippi




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( SuperTalk) - With just over two weeks until Election Day, Mississippians are gearing up to cast their ballots for several statewide elections and a contentious presidential election. Mississippi Secretary of State Michael Watson wants voters to know the election process is safe in the Magnolia State.
Although government, court, and other third-party research shows that voter fraud is extremely rare, a nationwide NPR poll says 6 in 10 Americans are concerned about interference that could influence the upcoming election. Watson vouches that his office, along with the state legislature, has added every possible safeguard to protect election integrity.
“I hate when people say, ‘You’re just trying to make it hard on people to vote.’ No, we aren’t,” Watson said during an appearance on MidDays with Gerard Gibert . “We’re trying to follow the law and make sure there’s integrity in the process. That’s what we’re doing.”
Among those safeguards include a dual-verification process, the first step of which is called DPS Verify , for voter registration and partnerships with five other southeastern states to compare and verify voter rolls. Additionally, the legislature banned ballot harvesting in the state, which is the gathering and submitting of absentee or mail-in ballots by third-party individuals.
“One of the things that I’ve tried to tell Mississippians is, ‘You can rest assured that we have a great process here,'” Watson continued. “There won’t be questions. And thank the Lord, a lot of people kind of laugh at this, that we aren’t one of those that will be in the crosshairs on election night.”
Watson, who will also aid other secretaries of state on election night as the incoming president of the National Association of Secretaries of State, encouraged voters to hold their local election officials accountable. One way to do that, according to Watson, is to check voter roll numbers on the secretary of state office’s website – data which is updated monthly.
“I’m really comfortable with where we are,” Watson said. “I think we’ve done a great job and appreciate the legislature’s help.”
Other state officials, such as leaders from the U.S. Attorney’s Office, are also making citizens aware that they will emphasize both voter safety and election legitimacy on and after November 5.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election,” U.S. Attorney Todd Gee said. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
Gee noted in a press release that Mississippians should be vigilant in reporting potential fraud or voting rights concerns, which can be done by contacting Assistant U.S. Attorneys Bert Carraway and Samuel Goff at 601-973-2826 or 601-973-2855 on Election Day. The FBI will also have special agents available in local field offices throughout the country to receive allegations of fraud and other election abuses.
In addition, the FBI will have special agents available in every field office throughout the country to receive allegations of election fraud and other election abuses on Election Day. The Mississippi FBI field office, located in Jackson, can be reached by the public at 601-948-5000.

