reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-5 - Definitions

For the purpose of this chapter, the following words and phrases as used herein, unless a different meaning is plainly required by the context, shall have the following meanings:
(1)
"Condominium" means that form of ownership of property under which units of improvements are subject to ownership by different owners and there is appurtenant to each unit as part thereof an undivided share in the common areas.
(2)
"Unit" means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.
(3)
"Project" means the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon.
(4)
"Common areas" means the entire project excepting all units therein granted or reserved.
(5)
"To divide" real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.
(6)
"Real property" means and includes an estate in fee simple in the land or a leasehold therein or any other estate in land recognized by law together with the building or buildings, all improvements and structures thereon and all easements, rights, and appurtenances belonging thereto.
Codes, 1942, § 896-03; Laws, 1964, ch. 270, § 3; Laws, 1970, ch. 306, § 1, eff. 3/2/1970.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-7 - Condominium constitutes real property

A condominium is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition a separate interest in other portions of such real property.
Such estate may, with respect to the duration of its enjoyment, be in fee simple, leasehold or any other estate in real property recognized by law.
Codes, 1942, § 896-04; Laws, 1964, ch. 270, § 4; Laws, 1970, ch. 306, § 2, eff. 3/2/1970.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-9 - Recordation of plan; amendment or revocation

The provisions of this chapter shall apply to property divided or to be divided into condominiums only if there shall be recorded in the office of the chancery clerk in the county in which such property lies a plan consisting of (a) a description or survey map of the surface of the land included within the project, (b) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, and (c) a certificate consenting to the recordation of such plan pursuant to this chapter signed and acknowledged by the record owner of such real property and all record holders of security interests therein. Such plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by the record owner of such real property and by all record holders of security interests therein. Until such recordation of a revocation, the provisions of this chapter shall continue to apply to such real property. The term "record owner" as used in this section includes all of the record owners of such real property at the time of recordation, but does not include holders of security interests, mineral or royalty interests, easements or rights of way.
Codes, 1942, § 896-05; Laws, 1964, ch. 270, § 5; Laws, 1970, ch. 306, § 3, eff. 3/2/1970.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-11 - Conveyance of unit or apartment, etc., which is part of unit presumed to convey entire condominium

Unless otherwise expressly stated therein, any transfer or conveyance of a unit or an apartment, office or store which is a part of the unit, shall be presumed to transfer or convey the entire condominium.
Codes, 1942, § 896-06; Laws, 1964, ch. 270, § 6.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-13 - Incidents of condominium grant

Unless otherwise expressly provided in the deeds, declaration of restrictions or plan, incidents of a condominium grant are as follows:
(1)
The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed. The following are not part of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building.
(2)
The common areas are owned by the owners of the units as tenants in common, in equal shares, one for each unit.
(3)
A nonexclusive easement for ingress, egress and support through the common areas is appurtenant to each unit, and the common areas are subject to such easement.
(4)
Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper, or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit.
Codes, 1942, § 896-07; Laws, 1964, ch. 270, § 7.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-15 - Partition of common areas or of tenancy in common in condominium

Except as provided in Section
89-9-35
, the common areas shall remain undivided, and there shall be no judicial partition thereof. Nothing herein shall be deemed to prevent partition of a tenancy in common in a condominium.
Codes, 1942, § 896-08; Laws, 1964, ch. 270, § 8.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-19 - Restrictions on sales and leases of units in project; first refusal of management not mandatory

The restrictions and covenants authorized by Section
89-9-17
may prescribe regulations concerning sales or leases of units, and any such restrictions and covenants shall be valid, but it shall not be mandatory that the management body be given the first right or refusal to purchase or lease any such unit which the owner thereof intends to sell or lease.
Codes, 1942, § 896-10; Laws, 1964, ch. 270, § 10; Laws, 1964, ch. 270, § 10; Laws, 1971, ch. 310, § 1, eff. 2/4/1971.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-23 - Lien for labor performed or services or materials furnished

No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the common areas, if duly authorized by a management body provided for in a declaration of restrictions governing the property, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two (2) or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium.
Codes, 1942, § 896-12; Laws, 1964, ch. 270, § 12.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-25 - Acquisition, etc., of personal property by management body for benefit of condominium owners; transfer of beneficial interest

Unless otherwise provided by a declaration of restrictions under Section
89-9-17
, the management body, if any, provided for therein, may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; and the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas, and shall not be transferrable except with a transfer of a condominium. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property.
Codes, 1942, § 896-13; Laws, 1964, ch. 270, § 13.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-27 - Construction of deed, declaration, or plan for condominium project

Any deed, declaration, or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and its provisions shall be presumed to be independent and severable.
Codes, 1942, § 896-14; Laws, 1964, ch. 270, § 14.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-29 - Liabilities of unit owners

A.
The liability of the owner of a unit for common expenses shall be limited to the amounts for which he is assessed from time to time in accordance with this chapter and the declaration.
B.
The owners of a unit shall have no personal liability for any damages caused by the governing body on or in connection with the use of common areas. A unit owner shall be liable for injuries or damages resulting from an accident in his own unit to the same extent and degree that the owner of a house, an office, or a store would be liable for an accident occurring therein.
Codes, 1942, § 896-15; Laws, 1964, ch. 270, § 15.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-31 - Taxes and special assessments; provisions of declaration enforceable after foreclosure of assessment, tax deed, etc.; exemption as homestead

(1)
Property taxes and special assessments assessed by municipalities, counties, the State of Mississippi, and other taxing authorities shall be assessed against and collected on the unit and the common areas and not upon the project as a whole. Each unit and common areas shall be separately assessed for ad valorem taxes and special assessments as a single parcel. The taxes and special assessments levied against each unit and common areas shall constitute a lien only upon such unit and common areas so assessed and upon no other portion of the project.
(2)
All provisions of a declaration relating to a unit or common areas sold for taxes or special assessments shall survive and be enforceable after the issuance of a tax deed or other deed upon foreclosure of an assessment, certificate, or lien, a tax deed, tax certificate, or tax lien to the same extent that they would be enforceable against a voluntary grantee, immediate, mediate, or remote, of the owner of the title immediately prior to the delivery of the tax deed or other deed.
(3)
Any unit of a condominium project shall be eligible for exemption under the Homestead Exemption Act of 1946, Sections
27-33-1
through
27-33-65
, Mississippi Code of 1972, if all other criteria of said sections are met.
Codes, 1942, § 896-16; Laws, 1964, ch. 270, § 16; Laws, 1971, ch. 481, § 1, eff. 3/31/1971.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-33 - Construction of local zoning ordinances

Unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums or into community apartments rather than by lease of apartments, offices, or stores.
Codes, 1942, § 896-17; Laws, 1964, ch. 270, § 17.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-35 - Action for partition of condominium project by sale thereof

Where several persons own condominiums, as defined in the Mississippi Condominium Law, in a condominium project, as defined in said law, an action may be brought by one or more of such persons for partition thereof by sale of the entire project, as though the owners of all of the condominiums in such project were tenants in common in the entire project in the same proportion as their interests in the common areas; provided, however, that a partition shall be made only upon the showing that:
(1)
three (3) years after damage or destruction to the project which renders a material part thereof unfit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or
(2)
that three-fourths (3/4) or more of the project has been destroyed or substantially damaged, and that condominium owners holding in aggregate more than a fifty percent (50%) interest in the common areas are opposed to repair or restoration of the project, or
(3)
that the project has been in existence in excess of fifty (50) years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than a fifty percent (50%) interest in the common areas are opposed to repair or restoration of the project, or
(4)
that conditions for such a partition by sale set forth in the declaration of restrictions entered into with respect to such project, pursuant to the provisions of the Mississippi Condominium Law, have been met.
Codes, 1942, § 896-18; Laws, 1964, ch. 270, § 18.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-37 - Action for partition of condominium project by sale; venue; powers of court; sale

Such action for partition by sale shall be brought in the chancery court of that county in which the project or some part thereof is situated, subject to the provisions for partition of lands by sale, as far as applicable, and the court shall have power to make all such orders as may be necessary to protect the rights of parties, and any sale ordered in such cases shall be made and reported as in the case of the sale of land; and decrees making partition shall vest title according to their terms. In such cases the court or chancellor may make all orders, and cause to be issued all process necessary to secure the rights of parties.
Codes, 1942, § 896-19; Laws, 1964, ch. 270, § 19.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-1 - When property shall escheat

If any person die intestate, seized of or holding, either in possession or in right, at the time of his death, real or personal property, or money or choses in action, whether such person were a citizen of the state or not, and leave no heir capable of inheriting the same, all such property shall escheat to the state.
Codes, 1857, ch. 17, art. 1; 1871, § 1844; 1880, § 881; 1892, § 1701; 1906, § 1878; Hemingway's 1917, § 1521; 1930, § 1511; 1942, § 480.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-3 - County administrator or sheriff is escheator; his duty, and duty of the assessor

The county administrator, if there be one, and, if none, the sheriff, shall be escheator for his county, and he shall ascertain by all practicable means what estate or property within his county, for defect of heirs, has escheated to the state, and he shall institute proceedings therefor as hereinafter directed; and the assessor of taxes shall annually, on the completion of his assessment, report to the escheator a list of all property that may have escheated to the state within the preceding twelve (12) months, or previously if not already reported, or to which no heir is known; and the assessor shall also furnish the land commissioner with a copy of such report.
Codes, Hutchinson's 1848, ch. 46, art. 3 (2); 1857, ch. 17, art. 2; 1871, § 1845; 1880, § 882; 1892, § 1702; 1906, § 1879; Hemingway's 1917, § 1522; 1930, § 1512; 1942, § 481.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-5 - Proceedings to establish escheats

In all cases when property may have escheated to the state, it shall be the duty of the escheator of the county in which said property may be to file in the chancery court a bill in the name of the state to have the escheat judicially declared; the bill shall contain a statement of the name of the last owner, and that he died without heirs, the names of all persons who claim an interest in the property, if any be known, and also a description of the property and who, if any one, is in possession, and an averment that the same has escheated to the state for want of heirs.
Codes, Hutchinson's 1848, ch. 46, art. 3 (2); 1857, ch. 17, art. 3; 1871, § 1846; 1880, § 883; 1892, § 1703; 1906, § 1880; Hemingway's 1917, § 1523; 1930, § 1513; 1942, § 482.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-7 - What persons summoned; publication made

On the filing of the bill, the clerk shall issue a summons to all persons residing in this state and named in the bill as having or claiming an interest in the property, and also to the person named as being in possession, to appear and answer the same; and he shall give notice, by publication as in other cases, to all parties, known or unknown, having or claiming an interest in the property, to appear and answer the bill; which notice shall contain a description of the property, and the name, residence, and place of death of the last owner, if known.
Codes, 1857, ch. 17, art. 4; 1871, § 1847; 1880, § 884; 1892, § 1704; 1906, § 1881; Hemingway's 1917, § 1524; 1930, § 1514; 1942, § 483.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-9 - A claimant not a party may answer

Any person who claims an estate or interest in property against which proceedings have been instituted to have an escheat judicially declared, though not named in the bill or summoned, may, nevertheless, appear and answer the bill, interposing his title or claim, but shall not recover costs unless it appear that he has some estate or interest in the property, even though the state fail in establishing an escheat.
Codes, 1857, ch. 17, art. 5; 1871, § 1848; 1880, § 885; 1892, § 1705; 1906, § 1882; Hemingway's 1917, § 1525; 1930, § 1515; 1942, § 484.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-11 - Proceedings in court

The proceedings shall be conducted as other suits in the chancery court; and, if determined in favor of the state, the court shall decree the property escheated to the state, and thereby the state shall be seized and possessed of the property in law and in fact; but no final decree shall be rendered therein within less than twelve (12) months from the commencement of the suit. The successor of the escheator who filed the bill may appear and conduct the suit without revivor or alteration of the pleadings.
Codes, Hutchinson's 1848, ch. 46, art. 3 (7); 1857, ch. 17, art. 6; 1871, § 1849; 1880, § 886; 1892, § 1706; 1906, § 1883; Hemingway's 1917, § 1526; 1930, § 1516; 1942, § 485.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-13 - Persons in possession liable for rent or hire of escheated property

The person in possession of escheated property shall be liable for the rent of real estate and hire of personal property, whether he claim title or not. Where the escheat is established, the court shall determine and decree rent or hire to the state, if any be due, and may make an allowance in proper cases to a party for the care of the property. In case the party in possession refuse or fail to deliver possession to the escheator who is authorized to receive the same, such party shall be liable to double the value of the rent or hire for the time he may so withhold possession, to be determined by the court on petition of the escheator. Decrees rendered in matters of escheats shall be conclusive against all parties thereto and privies, but may be reviewed by the supreme court on appeal.
Codes, Hutchinson's 1848, ch. 46, art. 3 (8); 1857, ch. 17, art. 7; 1871, § 1850; 1880, § 887; 1892, § 1707; 1906, § 1884; Hemingway's 1917, § 1527; 1930, § 1517; 1942, § 486.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-15 - Reports by escheator

On the establishment of any escheat of land, the escheator shall, within thirty (30) days, report the fact to the land commissioner, giving a description of the land and its value, under the direction of the court. The land commissioner shall at once register the land in the register of escheated lands.
Codes, 1892, § 1708; 1906, § 1885; Hemingway's 1917, § 1528; 1930, § 1518; 1942, § 487.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-17 - Sale of escheated personalty; payment of debts

The court which decrees any escheat thereof shall retain jurisdiction of personal property after decreeing the escheat, and shall require the same to be sold and the net proceeds to be paid into the state treasury; and it may provide for the payment of the debts of the deceased owner out of the proceeds of the personal property before the same be paid over; but any petition by a creditor, alleging an indebtedness due to him by the late owner of real or personal property which may escheat, must be filed in the suit for the declaration of the escheat before final hearing thereof, accompanied with the claim probated as if administration had been granted, or the claim will be barred.
Codes, 1892, § 1709; 1906, § 1886; Hemingway's 1917, § 1529; 1930, § 1519; 1942, § 488.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-19 - How real estate subjected to payments of debts

If the personal property of a deceased owner of escheated property be insufficient for the payment of his debts, or if there be no personal property, the petition of the creditor must show the fact. In such case the court will require the land commissioner to be notified of the pendency of the petition, and he may appear and contest the petition. And if the real estate be decreed subject to the payment of debts, the court will order the sale of a sufficiency thereof for that purpose, and require any balance of proceeds to be paid into the state treasury through the land office.
Codes, 1892, 1710; 1906, § 1887; Hemingway's 1917, § 1530; 1930, § 1520; 1942, § 489.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-21 - Where escheated land is recovered from the purchaser

If escheated land be recovered from the purchaser at the suit of an heir of the deceased owner, by proceeding instituted within ten (10) years after the escheat was declared, the state will refund to the purchaser the purchase-money with three percent (3%) per annum interest; the purchaser being liable to the heir for rents and profits, which he may recoup, pro tanto, by the improvements put upon the land, if any, and all taxes paid thereon. In all such suits to recover the land of the state's purchaser, or his assigns, the land commissioner shall be made a party.
Codes, Hutchinson's 1848, ch. 46, art. 3 (14); 1857, ch. 17, art. 10; 1871, § 1853; 1880, § 890; 1892, § 1711; 1906, § 1888; Hemingway's 1917, § 1531; 1930, § 1521; 1942, § 490.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-23 - Proceeds of personal property reclaimed

Any person who is not concluded as a party or privy by a decree in favor of the state in proceedings to establish an escheat, may, at any time within six (6) years after the rendition of the decree, recover of the state, by suit, the net proceeds derived from the sale of personal property and paid into the state treasury, and three percent (3%) interest thereon, if the party shall establish his right to the property and that the same had not properly escheated to the state; but the title of the purchaser of such personal property shall not be thereby disturbed.
Codes, Hutchinson's 1848, ch. 46, art. 3 (14); 1857, ch. 17, art. 11; 1871, § 1854; 1880, § 891; 1892, § 1720; 1906, 1889; Hemingway's 1917, § 1532; 1930, § 1522; 1942, § 491.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-25 - Proceedings, where had

Proceedings to recover real property or the proceeds of personalty escheated, shall be by bill to open the decree declaring the escheat, in the court in which the escheat was decreed.
Codes, 1892, § 1713; 1906, § 1890; Hemingway's 1917, § 1533; 1930, § 1523; 1942, § 492.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-27 - Costs shall be allowed as in other cases

In case the property be not escheated, the costs incurred in behalf of the state shall be paid out of the state treasury, and the court shall cause the same to be certified to the auditor of public accounts, who shall issue his warrant therefor. In case the property shall be adjudged to be escheated, a reasonable commission and attorneys' fees shall be allowed by the court to the escheator, which shall be taxed as costs and, together with all other costs allowed by the court, shall be paid out of the proceeds of the personal property, if the said proceeds be sufficient to pay the same. If the personal property of a deceased owner of escheated property be insufficient for the payment of his debts and the costs so allowed by the court, or if there be no personal property, the court shall decree the real estate subject to the payment of the costs so allowed, and shall order the sale of a sufficiency thereof for that purpose, and require any balance of proceeds to be paid into the state treasury through the land office.
Codes, Hutchinson's 1848, ch. 46, art. 3 (18); 1857, ch. 17, art. 9; 1871, § 1852; 1880, § 889; 1892, § 1714; 1906, § 1891; Hemingway's 1917, § 1534; 1930, § 1524; 1942, § 493.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-29 - Institution of escheat proceedings

The land commissioner shall have the power to discharge all the duties and to exercise all the powers herein imposed and conferred upon the county administrator or the sheriff, as the case may be, and he may institute and conduct to final conclusion all escheat proceedings authorized under this chapter, the same to be conducted in the manner herein prescribed.
Codes, 1906, § 1892; Hemingway's 1917, § 1535; 1930, § 1525; 1942, § 494.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 11 - ESCHEATS (§§ 89-11-1 — 89-11-31) › Section 89-11-31 - Sale of severed minerals which escheat to the state

Any severed minerals which escheat to the state under the provisions of Section
89-11-1
et seq. shall, within six (6) months after the rendition of a final decree declaring the property escheated to the state, be sold at the door of the courthouse in the county, or in the judicial district in counties having more than one (1) such district, wherein the mineral estate is located. Provided, however, that no mineral interest shall be sold if it is still producing income. Notice and advertisement of such sale shall be published each week for three (3) consecutive weeks in a newspaper published in the county, if any, and if no newspaper be published in a county, then in a newspaper having general circulation in the county and in a newspaper having a general circulation within the state, the first such publication to appear at least fifteen (15) days prior to the date fixed in said notice for such sale. Each severed mineral interest shall be sold to the highest and best bidder, except that the owner of the surface estate in which the subject mineral estate was severed may, at such sale, match the highest and best bid and be allowed to purchase said severed mineral estate, upon showing proper proof of ownership of all or part of the surface estate. The sale shall be continued from day to day, except Sundays, between the hours of 8:30 a.m. and 4:30 p.m. until completed.
Laws, 1980, ch. 531, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-1 - Short title

This chapter shall be known and may be cited as the "Uniform Disposition of Unclaimed Property Act."
Laws, 1982, ch. 497, § 1, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-5 - Presumed abandonment of property held or owing by bank or other business association

(1)
Subject to the provisions of Sections
89-12-17
and
89-12-19
, the following property held or owing by a banking or financial organization or by a business association shall be presumed abandoned:
(a)
Any demand, savings, or matured time deposit made in this state with a banking organization or financial organization, together with any interest or dividend thereon, excluding any charges that may have accrued, unless the owner has, within five (5) years:
(i)
Increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest; or
(ii)
Corresponded in writing with the banking organization or financial organization concerning the deposit; or
(iii)
Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization or financial organization.
(b)
Any sum payable on checks certified in this state or on written instruments issued in this state on which a banking or financial organization or business association is directly liable, including, but not limited to, certificates of deposit, drafts, money orders and traveler's checks, that, with the exception of traveler's checks and money orders, has been outstanding for more than five (5) years from the date it was payable, or from the date of its issuance if payable on demand, or, in the case of traveler's checks, that has been outstanding for more than fifteen (15) years from the date of its issuance, or, in the case of money orders, that has been outstanding for more than seven (7) years from the date of its issuance, unless the owner has within five (5) years, or within fifteen (15) years in the case of traveler's checks or within seven (7) years in the case of money orders, corresponded in writing with the banking or financial organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.
(2)
Any certificate of deposit made in this state with a banking organization, together with an interest or dividend thereon, with a maturity date equal to or greater than ten (10) years shall be exempt from the time limit provisions of this chapter.
Laws, 1982, ch. 497, § 3; Laws, 1991, ch. 451, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-7 - Presumed abandonment of unclaimed funds held or owing by life insurance corporation

(1)
Subject to the provisions of Section
89-12-17
, funds held or owing by a life insurance corporation under any life or endowment insurance policy or annuity contract which has matured or terminated shall be presumed abandoned if unclaimed and unpaid for more than five (5) years after the funds became due and payable as established from the records of the corporation.
(2)
If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it shall be presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the corporation. This presumption is a presumption affecting the burden of proof.
(3)
A life insurance policy not matured by actual proof of the death of the insured according to the records of the corporation shall be deemed to be matured and the proceeds due and payable if:
(a)
The insured has attained, or would have attained if he were living, the limiting age under the mortality table on which the reserve is based;
(b)
The policy was in force at the time the insured attained, or would have attained, the limiting age specified in paragraph (a) of this subsection; and
(c)
Neither the insured nor any other person appearing to have an interest in the policy has, within the preceding five (5) years, according to the records of the corporation:
(i)
Assigned, readjusted, or paid premiums on the policy,
(ii)
Subjected the policy to loan, or
(iii)
Corresponded in writing with the life insurance corporation concerning the policy.
(4)
Any funds otherwise payable according to the records of the corporation shall be deemed due and payable although the policy or contract has not been surrendered as required.
Laws, 1982, ch. 497, § 4; Laws, 1991, ch. 451, § 3, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-9 - Presumed abandonment of funds held or owing by utility

Subject to the provisions of Section
89-12-17
of this chapter, the following funds held or owing by any utility shall be presumed abandoned:
(a)
Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five (5) years after the termination of the services for which the deposit or advance payment was made.
(b)
Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deduction, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five (5) years after the date it became payable in accordance with the final determination or order providing for the refund.
Laws, 1982, ch. 497, § 5; Laws, 1991, ch. 451, § 4, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-13 - Presumed abandonment of intangible personal property held by fiduciary

Subject to the provisions of Section
89-12-17
, any intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person shall be presumed abandoned unless the owner has, within five (5) years after it became payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary.
Laws, 1982, ch. 497, § 7; Laws, 1991, ch. 451, § 6, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-14 - Presumed abandonment of intangible property held by business association, federal, state or local government or governmental subdivision, agency or entity

(1)
All intangible property, including, but not limited to, any interest, dividend, or other earnings thereon, less any lawful charges, held by a business association, federal, state or local government or governmental subdivision, agency or entity, or any other person or entity, regardless of where the holder may be found, if the owner has not claimed or corresponded in writing concerning the property within five (5) years after the date prescribed for payment or delivery, is presumed abandoned and subject to the custody of this state as unclaimed property if:
(a)
The last known address of the owner is unknown; and
(b)
The person or entity originating or issuing the intangible property is this state or any political subdivision of this state, or is incorporated, organized, created or otherwise located in this state.
(2)
The provisions of subsection (1) of this section shall not apply to property that is or may be presumed abandoned and subject to the custody of this state pursuant to any other provision of law containing a dormancy period different than that prescribed in subsection (1) of this section.
(3)
The provisions of subsection (1) of this section shall apply to all property held on July 1, 1991, or at any time thereafter, regardless of when such property became or becomes presumptively abandoned.
(4)
Insofar and only insofar as funds reflected by the cancellation of State of Mississippi warrants are unclaimed and presumed abandoned, the State Treasurer shall transfer such funds out of the Abandoned Property Fund established by Section
89-12-37
to the original fund source after the expiration of five (5) years as required herein.
Laws, 1991, ch. 451, § 7; Laws, 1992, ch. 408, § 1; Laws, 2000, ch. 501, § 2, eff. 4/27/2000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-15 - Presumed abandonment of intangible personal property held in ordinary course of holder's business

All intangible personal property not otherwise covered by the provisions of this chapter, including any income or increment thereon and deducting any charges that may have accrued, that is held in the ordinary course of the holder's business and has remained unclaimed by the owner for more than five (5) years after it became payable or distributable shall be presumed abandoned.
Laws, 1982, ch. 497, § 8; Laws, 1991, ch. 451, § 8, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-16 - Presumed abandonment of tangible personal property or intangible personal property held by federal government, federal agency, or any officer or appointee thereof

(1)
All tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by the federal government, or any federal agency, or any officer, or appointee thereof, shall be presumed abandoned in this state if the last known address of the owner of the property is in this state and the property has remained unclaimed for five (5) years.
(2)
This section shall apply to all abandoned property held by the federal government, or any federal agency, or any officer, or any appointee thereof, on July 1, 1991, or at any time thereafter, regardless of when such property became presumptively abandoned.
Laws, 1991, ch. 451, § 9, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-17 - Additional conditions for presumption of abandonment of intangible personal property

Unless otherwise provided by statute of this state, intangible personal property shall be presumed abandoned under the provisions of this chapter if the conditions for presumption of abandonment stated in the provisions of this chapter exist, and if:
(a)
The last-known address of the apparent owner is in this state as shown on the records of the holder; or
(b)
No address of the apparent owner appears on the records of the holder, and
(i)
The last-known address of the apparent owner is in this state, or
(ii)
The holder is domiciled in this state and has not previously paid the property to the state of the last-known address of the apparent owner, or
(iii)
The holder is a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last-known address of the apparent owner; or
(c)
The last-known address of the apparent owner, as shown on the records of the holder, is in a state designated by regulation adopted by the treasurer as a state that does not provide by law for presumption of abandonment or escheat of such property and the holder is
(i)
Domiciled in this state, or
(ii)
A government or governmental subdivision or agency of this state; or
(d)
The last-known address of the apparent owner, as shown on the records of the holder, is in a foreign nation and the holder is
(i)
Domiciled in this state, or
(ii)
A government or governmental subdivision or agency of this state.
Laws, 1982, ch. 497, § 9, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-19 - Additional conditions for presumption of abandonment of sum payable on money order, traveler's check and the like

Any sum payable on a money order, traveler's check, or other similar written instrument (other than a third-party bank check) on which a business association is directly liable shall be presumed abandoned under the provisions of this chapter if the conditions for presumption of abandonment stated in Section
89-12-5
exist and if:
(a)
The books and records of such business association show that such money order, traveler's check, or similar written instrument was purchased in this state;
(b)
The business association has its principal place of business in this state, and the books and records of the business association do not show the state in which such money order, traveler's check, or similar written instrument was purchased; or
(c)
The business association has its principal place of business in this state, the books and records of the business association show the state in which such money order, traveler's check, or similar written instrument was purchased, and the laws of the state of purchase do not provide for presumption of abandonment or escheat of the sum payable on such instrument.
Laws, 1982, ch. 497, § 10, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 12 - UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT (§§ 89-12-1 — 89-12-59) › Section 89-12-21 - Recovery by another state of property paid or delivered to treasurer under this chapter

(1)
At any time after property has been paid or delivered to the treasurer under the provisions of this chapter, another state shall be entitled to recover the property if:
(a)
The property was presumed abandoned in this state under the provisions of paragraph (b) of Section
89-12-17
because no address of the apparent owner of the property appeared on the records of the holder when the property was presumed abandoned under the provisions of this chapter, the last-known address of the apparent owner was, in fact, in such other state, and, under the laws of that state, the property was presumed abandoned in or escheated to that state;
(b)
The last-known address of the apparent owner of the property appearing on the records of the holder is in such other state and, under the laws of that state, the property was presumed abandoned in or escheated to that state;
(c)
The property is the sum payable on a traveler's check, money order, or other similar instrument that was presumed abandoned in this state under the provisions of Section
89-12-19
, the traveler's check, money order or other similar instrument was, in fact, purchased in such other state, and, under the laws of that state, the property was presumed abandoned in or escheated to that state; or
(d)
The property is funds held or owing by a life insurance corporation that was presumed abandoned in this state by application of the presumption provided by subsection (2) of Section
89-12-7
, the last-known address of the person entitled to the funds was, in fact, in such other state, and, under the laws of that state, the property was presumed abandoned in or escheated to that state.
(2)
The claim of another state under this section to recover property shall be presented in writing to the treasurer, who shall consider the claim within ninety (90) days after it is presented. He may hold a hearing and receive evidence on such claim. He shall allow the claim if he determines that the other state is entitled to the property.
(3)
Paragraphs (a) and (b) of subsection (1) shall not apply to property described in paragraph (c) or (d) of that subsection.
Laws, 1982, ch. 497, § 11, eff. 7/1/1982.