reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-17 - Sheriff to advertise property for sale; proceeds held for result of suit

Immediately upon the delivery to the sheriff of the property described in the petition as provided in Section
89-17-9
, the sheriff shall at once advertise the property for sale in the same manner as provided by law for the advertisement and sale of personal property under execution, and on the day fixed shall sell the property for cash to the highest bidder, and shall hold the proceeds to abide the result of the suit or proceeding. But the defendant to the petition, or any person interposing a claim thereto, in cases against unknown owners, can at any time before the day of sale, execute a bond with two (2) or more sureties in double the value of the property, such valuation to be fixed by the sheriff conditioned to satisfy such judgment as the petitioner shall recover in the case, and upon the execution of such bond, to be approved by the sheriff, the property shall be delivered to the defendant or claimant.
Codes, Hemingway's 1917, § 7309; 1930, § 6531; 1942, § 1015; Laws, 1908, ch. 120.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-19 - Failure of defendant to appear at return term; funds condemned to satisfy judgment

In case the defendant shall not appear at the return term of the writ, or in cases against unknown owners, where no person or party interposes a claim, the court shall award the petitioner a judgment for the amount as appears to the court that petitioner is entitled to, and condemn the funds in the hands of the sheriff, or render judgment against the defendant or his bond as the case may be, for the satisfaction of the judgment so rendered and costs. In case there shall be a surplus remaining in the hands of the sheriff after satisfying the judgment and costs, it shall be paid to the clerk of the court, to be held by him subject to the claim of the owners of the property so sold, and shall be paid out to such owner, upon the order of the court, after satisfactory evidence is adduced, establishing in the judgment of the court such ownership. In all cases where the petitioner establishes his claim, and is awarded a judgment for the amount stated in the petition, the court shall allow the petitioner a reasonable attorney's fee for preparing the petition, which shall be taxed as part of the costs of the case.
Codes, Hemingway's 1917, § 7310; 1930, § 6532; 1942, § 1016; Laws, 1908, ch. 120.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-21 - Jurisdiction of justice courts; time for trial; notice to parties

Justice courts shall have jurisdiction of all cases provided for in this chapter, where the value of the property described in the petition does not exceed the amount provided in Section
9-11-9
, and in all cases where the defendant is a nonresident, or is not served with process, the provisions of the section of the code in relation to attachments before justice court judges shall apply, and notice shall be given to the defendant, and the case tried as provided in that section of the code. When the case shall be one against unknown owners, the justice court judge shall fix the trial for a date not earlier than one (1) month from the beginning of the suit, and notices shall be posted for three (3) consecutive weeks in the county of the justice court judge, addressed to all persons having or claiming any interest in the property described in the petition, and describing the property in such notices, requiring them to appear before the justice court judge on the date fixed for trial to contest the claim of the petitioner, which notices shall be posted in the public places in the county likely to be seen, which shall be in lieu of a publication thereof in a newspaper.
Codes, Hemingway's 1917, § 7311; 1930, § 6533; 1942, § 1017; Laws, 1908, ch. 120; Laws, 1981, ch. 471, § 52; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-23 - Person claiming property admitted to defend

On the return of the summons before a justice of the peace, or on the day fixed for trial, in cases against nonresidents or parties not served with process, or in cases against unknown owners, the justice shall hear the cause. Any person making claim to the property described in the petition shall be admitted to defend as provided in Section
89-17-15
for cases in the circuit court, and the same mode of procedure shall be followed in the trial as is provided for the trial of civil actions before justices of the peace, under the general laws of the state, and judgment shall be rendered as hereinbefore provided in cases before the circuit court.
Codes, Hemingway's 1917, § 7312; 1930, § 6534; 1942, § 1018; Laws, 1908, ch. 120.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-25 - Penalty for converting derelict property to own use

If any person shall convert to his own use, sell or otherwise dispose of any saw log, sawn or hewn timber, lumber, boat, or other water craft, or other floatable thing of value not belonging to him, which may have come into his possession while floating as derelict, in any of the waters of the State of Mississippi, or which may theretofore have been sunken and raised or floated from such sunken condition by him or others, or which he or others may have found cast upon the shores of the Gulf of Mexico, or Mississippi Sound, in the State of Mississippi, or any bay, inlet, or bayou, emptying into same, or upon the shore of any other watercourse in the State of Mississippi, he shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than double the value of the property converted, sold or disposed of, or by imprisonment in the county jail for a term not exceeding six (6) months.
Codes, Hemingway's 1917, § 7313; 1930, § 6535; 1942, § 1019; Laws, 1908, ch. 120.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 17 - SALVAGE (§§ 89-17-1 — 89-17-27) › Section 89-17-27 - Unlawful to purchase derelict property from finder thereof

If any person shall purchase, or otherwise acquire, except at a sale as provided in this chapter, or by order of a court of competent jurisdiction, from any person other than the owner thereof, any property of the character or description, and in the condition enumerated in the foregoing section, such person shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding double the value of the property so purchased, or acquired, or by imprisonment in the county jail for a term not exceeding six (6) months.
Codes, Hemingway's 1917, § 7314; 1930, § 6536; 1942, § 1020; Laws, 1908, ch. 120.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-1 - Short title

This chapter shall be known as the "Mississippi Conservation Easement Act of 1986."
Laws, 1986, ch. 404, § 1, eff. 3/27/1986.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-3 - Definitions

For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context otherwise requires:
(1)
"Conservation easement" shall mean a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, historical or open-space values of real property, assuring its availability for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air and water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property.
(2)
"Holder" shall mean either:
(a)
A governmental body empowered by the law of this state or the United States to hold an interest in real property; or
(b)
A private, nonprofit, charitable or educational corporation, association or trust, the purposes or powers of which include retaining or protecting the natural, scenic, historical or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air or water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property which is the recipient or grantee of a conservation easement.
(3)
"Third-party right of enforcement" shall mean a right granted in a conservation easement to a governmental body or private, nonprofit charitable corporation, association or trust, which is not a holder but which is eligible to be a holder, to enforce any of the terms of the conservation easement.
(4)
"Person" shall mean any natural person or legal entity.
Laws, 1986, ch. 404, § 2, eff. 3/27/1986.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-5 - General provisions relating to conservation easement; acceptance; recordation; duration

(1)
Except as otherwise provided by this chapter, a conservation easement may be created, conveyed, recorded and assigned, in the same method and manner as other easements.
(2)
No right or duty in favor of or against a holder and no right of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
(3)
Except as provided in subsection (2) of Section
89-19-7
of this chapter, a conservation easement is unlimited in its duration unless the instrument creating it otherwise provides.
(4)
An interest in real property in existence at the time a conservation easement is created is not impaired by the conservation easement unless the owner of the interest is a party to the conservation easement or consents to it.
(5)
A conservation easement shall continue to be effective and shall not be extinguished if the easement holder is or becomes the owner in fee of the subject property.
Laws, 1986, ch. 404, § 3; Laws, 1988, ch. 379, § 2, eff. 4/18/1988.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-7 - Actions affecting easements

(1)
Any action to enforce a conservation easement may be brought by:
(a)
An owner of an interest in the real property burdened by the easement;
(b)
A holder of the easement;
(c)
A person having a third-party right of enforcement;
(d)
The Attorney General of the State of Mississippi;
(e)
The Mississippi Department of Wildlife, Fisheries and Parks; or
(f)
A person otherwise authorized and empowered by law.
(2)
This chapter does not, and shall not be construed to, affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. In such proceeding, the holder of the conservation easement shall be compensated for the value of the easement.
Laws, 1986, ch. 404, § 4; Laws, 1988, ch. 379, § 3; Laws, 2000, ch. 516, § 132, eff. 4/30/2000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-9 - Validity of easements not affected by certain conditions

A conservation easement shall be valid despite the following:
(a)
It is not appurtenant to an interest in real property;
(b)
It may be or has been assigned to another holder;
(c)
It is not of a character that has been traditionally recognized at common law;
(d)
It imposes a negative burden;
(e)
It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(f)
The benefit does not touch or concern real property; or
(g)
There is no privity of estate or contract.
Laws, 1986, ch. 404, § 5, eff. 3/27/1986.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-11 - Capital improvements on property upon which easements have been granted

With the exception of "Mississippi Landmarks," as defined by the Antiquities Law of Mississippi (Section
39-7-1
et seq., Mississippi Code of 1972) and of properties entered in the National Register of Historic Places, no public money, derived either from a special fund or the General Fund, shall be expended for capital improvements on any real property upon which a conservation easement has been granted unless the conservation easement is perpetual, a governmental body is the holder of the easement and the capital improvements are solely for the use and benefit of such holder.
Laws, 1986, ch. 404, § 6, eff. 3/27/1986.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-13 - Interests to which chapter applies; relation to other laws

(1)
This chapter shall apply to an interest created after March 27, 1986, whether the interest is designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, as long as such interest complies with the provisions of this chapter.
(2)
This chapter shall apply to any interest created prior to March 27, 1986, if the interest would have been enforceable had it been created after March 27, 1986, unless retroactive application would contravene the Constitution or laws of this state or the United States.
(3)
This chapter shall not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under any other law of this state.
(4)
The provisions of this chapter are cumulative and supplemental to any other provision of law.
Laws, 1986, ch. 404, § 7, eff. 3/27/1986.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15) › Section 89-19-15 - Recorded easements to be filed with Attorney General and Department of Wildlife, Fisheries, and Parks

Whenever any instrument conveying a conservation easement is recorded after April 18, 1988, the clerk of the court recording it shall mail certified copies thereof, together with notice as to the date and place of recordation, to the Attorney General of the State of Mississippi and the Mississippi Department of Wildlife, Fisheries and Parks. The requirement that certified copies be mailed to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks shall be stated in any instrument which conveys a conservation easement after April 18, 1988. The holder of any conservation easement created prior to the date hereof wishing to qualify such easement for the benefits provided under this chapter shall provide to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks, within one (1) year after April 18, 1988, a certified copy of the instrument creating such easement, indicating the date and place of the recordation.
Laws, 1988, ch. 379, § 1; Laws, 2000, ch. 516, § 133, eff. 4/30/2000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-1 - [Repealed]

Laws, 1994, ch. 618, § 9, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-3 - [Repealed]

Laws, 1994, ch. 618, § 1, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-5 - [Repealed]

Laws, 1994, ch. 618, § 2, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-7 - [Repealed]

Laws, 1994, ch. 618, § 3, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-9 - [Repealed]

Laws, 1994, ch. 618, § 4, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-11 - [Repealed]

Laws, 1994, ch. 618, § 5, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-13 - [Repealed]

Laws, 1994, ch. 618, § 6, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-15 - [Repealed]

Laws, 1994, ch. 618, § 7, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 21 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 89-21-1 — 89-21-17) › Section 89-21-17 - [Repealed]

Laws, 1994, ch. 618, § 8, eff. 7/1/1994.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 88, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-1 - Short title

This chapter may be cited as the "Mississippi Uniform Disclaimer of Property Interests Act (2002/2010)."
Added by Laws, 2020, ch. 406, SB 2851,§ 67, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-3 - Definitions

In this chapter:
(1)
"Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
(2)
"Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.
(3)
"Disclaimer" means the refusal to accept an interest in or power over property.
(4)
"Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(5)
"Jointly held property" means property held in the name of two (2) or more persons under an arrangement in which all holders have concurrent interests and under which the last-surviving holder is entitled to the whole of the property. Jointly held property does not include property held as tenants by the entirety.
(6)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(7)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band or an Alaskan native village that is recognized by federal law or formally acknowledged by a state.
(8)
"Trust" means:
(A)
An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
(B)
A trust created under a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
Added by Laws, 2020, ch. 406, SB 2851,§ 68, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-5 - Scope

This chapter applies to disclaimers of any interest in or power over property, whenever created.
Added by Laws, 2020, ch. 406, SB 2851,§ 69, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-7 - Chapter supplemented by other law

(a)
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(b)
This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.
Added by Laws, 2020, ch. 406, SB 2851,§ 70, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-9 - Power to disclaim; general requirements; when irrevocable

(a)
A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b)
Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c)
To the extent there is no material conflict of interest, a parent, as defined in Section
93-15-103(h)
, can disclaim on behalf of the parent's minor or incapacitated child, if a conservator or guardian has not been appointed for the child.
(d)
To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in Section
89-22-25
. In this subsection "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(e)
A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(f)
A disclaimer becomes irrevocable when it is delivered or filed under Section
89-22-25
or when it becomes effective as provided in Sections
89-22-11
through
89-22-23
of this chapter, whichever occurs later.
(g)
A disclaimer made under this chapter is not a transfer, assignment, or release.
(h)
A person obligated to distribute an interest disclaimed under this chapter is not liable to any person for distributing the interest as if the interest were not disclaimed unless the person obligated to distribute the interest receives a copy of the disclaimer before distributing the interest.
Added by Laws, 2020, ch. 406, SB 2851,§ 71, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-11 - Disclaimer of interest in property

(a)
In this section:
(1)
"Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
(2)
"Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(b)
Except for a disclaimer governed by Section
89-22-13
,
89-22-15
or
89-22-17
, the following rules apply to a disclaimer of an interest in property:
(1)
The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.
(2)
The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(3)
If the instrument does not contain a provision described in paragraph (2), the following rules apply:
(A)
If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(B)
If the disclaimant is an individual, except as otherwise provided in subparagraphs (C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
(C)
If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
(D)
If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.
(4)
Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
Added by Laws, 2020, ch. 406, SB 2851,§ 72, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-13 - Disclaimer of rights of survivorship in jointly held property

(a)
Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the incremental portion of the jointly held property devolving to the surviving holder by right of survivorship.
(b)
A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(c)
If a disclaimer is made under subsection (a) of this section with only one (1) holder surviving the death of the holder to whose death the disclaimer relates, the incremental portion disclaimed shall, as a consequence of the disclaimer, pass as part of the estate of the deceased holder.
(d)
If a disclaimer is made under subsection (a) of this section with two (2) or more of the holders surviving the death of the holder to whose death the disclaimer relates:
(1)
The disclaimer does not sever the joint tenancy with respect to the jointly held property as among the surviving holders;
(2)
The incremental portion disclaimed, as a consequence of a disclaimer, devolves to the surviving holders in proportion to their respective interests in the jointly held property excluding the disclaimant and any other surviving holder who disclaims to the extent of his, her or its disclaimer of the incremental portion;
(3)
An incremental portion devolving to a surviving holder, as a consequence of one or more disclaimers, may be disclaimed by the surviving holder;
(4)
To the extent that all of the surviving holders disclaim an incremental portion devolving to them, the portion shall instead pass as part of the estate of the deceased holder; and
(5)
The proportion of each of the surviving holders with respect to the jointly held property shall be adjusted to take into account the devolution of the incremental portion to the extent that the portion is disclaimed.
Added by Laws, 2020, ch. 406, SB 2851,§ 73, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-15 - Disclaimer of property held as tenants by the entirety

(a)
The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death of the cotenant may be disclaimed as provided in this chapter. For purposes of this chapter only, the deceased tenant's interest in property held as a tenancy by the entirety shall be deemed to be an undivided one-half (1/2) interest.
(b)
A disclaimer under subsection (a) takes effect as of the death of the deceased tenant to whose death the disclaimer relates.
(c)
The survivorship interest in property held as a tenancy by the entirety disclaimed by the surviving tenant passes as if the disclaimant had predeceased the tenant to whose death the disclaimer relates.
Added by Laws, 2020, ch. 406, SB 2851,§ 74, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-17 - Disclaimer of interest by trustee

(a)
If a trustee disclaims an interest in property that otherwise would have become trust property:
(1)
The interest does not become trust property;
(2)
The disclaimer:
(A)
Takes effect as of the time the trust became irrevocable; and
(B)
Relates back for all purposes to the time the trust became irrevocable; and
(3)
The disclaimed interest is not subject to the claims of any creditor of the trustee, the trust, or any trust beneficiary.
(b)
If the instrument creating the disclaimed interest contains a provision that provides for the disposition of the interest if the interest were to be disclaimed, the disclaimed interest passes according to that provision.
(c)
If the instrument creating the disclaimed interest does not contain a provision described by subsection (b), the disclaimed interest passes as if:
(1)
All of the current beneficiaries, presumptive remainder beneficiaries, and contingent beneficiaries of the trust affected by the disclaimer who are individuals who died before the trust became irrevocable; and
(2)
All beneficiaries of the trust affected by the disclaimer who are not individuals ceased to exist without successor organizations and without substitution of beneficiaries under the cy pres doctrine before the trust became irrevocable.
(d)
Subsection (c) applies only for purposes of determining the disposition of an interest in property disclaimed by a trustee that otherwise would have become trust property and applies only with respect to the trust affected by the disclaimer. Subsection (c) does not apply with respect to other trusts governed by the instrument and does not apply for other purposes under the instrument or under the laws of intestacy.
Added by Laws, 2020, ch. 406, SB 2851,§ 75, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-19 - Disclaimer of power of appointment or other power not held in fiduciary capacity

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1)
If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2)
If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3)
The instrument creating the power is construed as if the power expired when the disclaimer became effective.
Added by Laws, 2020, ch. 406, SB 2851,§ 76, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-21 - Disclaimer by appointee, object, or taker in default of exercise of power of appointment

(a)
A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b)
A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
Added by Laws, 2020, ch. 406, SB 2851,§ 77, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-23 - Disclaimer of power held in fiduciary capacity

(a)
If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b)
If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c)
A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
Added by Laws, 2020, ch. 406, SB 2851,§ 78, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-27 - When disclaimer barred or limited

(a)
A disclaimer is barred by a written waiver of the right to disclaim.
(b)
A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1)
The disclaimant accepts the interest sought to be disclaimed;
(2)
The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(3)
A judicial sale of the interest sought to be disclaimed occurs.
(c)
A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d)
A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(e)
A disclaimer is barred or limited if so provided by law other than this chapter.
(f)
A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
Added by Laws, 2020, ch. 406, SB 2851,§ 80, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-29 - Tax-qualified disclaimer

(a)
Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.
(b)
In order for a disclaimer made under the provisions of this chapter to be effective as a tax-qualified disclaimer under the provisions of Title 26 of the United States Code, the disclaimer must satisfy the conditions of Title 26, Section 2518 of the United States Code, as now or hereafter amended, including the requirement that the disclaimer be made generally within nine (9) months from the day the interest being disclaimed was created.
Added by Laws, 2020, ch. 406, SB 2851,§ 81, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-31 - Recording of disclaimer

(a)
A disclaimer of an interest in or relating to real property does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real property to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the chancery clerk of the county or counties where the real property is located.
(b)
An effective disclaimer meeting the requirements of subsection (a) constitutes constructive notice to all persons from and after the time of filing.
(c)
Failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
Added by Laws, 2020, ch. 406, SB 2851,§ 82, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-33 - Application to existing relationships

Except as otherwise provided in Section
89-22-27
, an interest in or power over property existing on July 1, 2020, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2020.
Added by Laws, 2020, ch. 406, SB 2851,§ 83, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-35 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Laws, 2020, ch. 406, SB 2851,§ 84, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 22 - MISSISSIPPI UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (2002/2010) › Section 89-22-37 - Severability clause

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Added by Laws, 2020, ch. 406, SB 2851,§ 85, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 23 - MISSISSIPPI UNIFORM ENVIRONMENTAL COVENANTS ACT (§§ 89-23-1 — 89-23-27) › Section 89-23-1 - Short title

This chapter may be cited as the Mississippi Uniform Environmental Covenants Act.
Laws, 2008, ch. 398, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 23 - MISSISSIPPI UNIFORM ENVIRONMENTAL COVENANTS ACT (§§ 89-23-1 — 89-23-27) › Section 89-23-5 - Holder defined; rights and obligations; subordination of rights

(a)
Any person, including a person that owns an interest in the real property, a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property.
(b)
A right of an agency under this chapter or under an environmental covenant is not an interest in real property. Nothing in this chapter authorizes the commission to act as a holder.
(c)
An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing or approving an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
(d)
The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(1)
An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.
(2)
This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(3)
A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.
(4)
An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
Laws, 2008, ch. 398, § 3, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 23 - MISSISSIPPI UNIFORM ENVIRONMENTAL COVENANTS ACT (§§ 89-23-1 — 89-23-27) › Section 89-23-7 - Contents of environmental covenant

(a)
An environmental covenant must:
(1)
State that the instrument is an environmental covenant executed pursuant to this chapter;
(2)
Contain a legally sufficient description of the real property subject to the covenant;
(3)
Describe the activity and use limitations on the real property;
(4)
Identify every holder;
(5)
Be signed by the agency, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant;
(6)
Be signed by the commission, unless the commission waives participation; and
(7)
Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b)
In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1)
Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(2)
Requirements for periodic reporting describing compliance with the covenant;
(3)
Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(4)
A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5)
Limitation on amendment or termination of the covenant in addition to those contained in Sections
89-23-17
and
89-23-19
; and
(6)
Rights of the holder in addition to its right to enforce the covenant pursuant to Section
89-23-21
.
(c)
In addition to other conditions for its approval of an environmental covenant, the agency or the commission may require those persons specified by the agency or commission who have interests in the real property to sign the covenant.
(d)
If the commission refuses to sign an environmental covenant, it shall set forth its reasons for refusing to sign in an order and such order may be appealed as provided in Section
49-17-41
.
Laws, 2008, ch. 398, § 4, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 23 - MISSISSIPPI UNIFORM ENVIRONMENTAL COVENANTS ACT (§§ 89-23-1 — 89-23-27) › Section 89-23-9 - Validity of environmental covenant; effect on other instruments

(a)
An environmental covenant that complies with this chapter runs with the land.
(b)
An environmental covenant that is otherwise effective is valid and enforceable even if:
(1)
It is not appurtenant to an interest in real property;
(2)
It can be or has been assigned to a person other than the original holder;
(3)
It is not of a character that has been recognized traditionally at common law;
(4)
It imposes a negative burden;
(5)
It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(6)
The benefit or burden does not touch or concern real property;
(7)
There is no privity of estate or contract;
(8)
The holder dies, ceases to exist, resigns, or is replaced; or
(9)
The owner of an interest subject to the environmental covenant and the holder are the same person.
(c)
An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2008, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.
(d)
This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
Laws, 2008, ch. 398, § 5, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 23 - MISSISSIPPI UNIFORM ENVIRONMENTAL COVENANTS ACT (§§ 89-23-1 — 89-23-27) › Section 89-23-11 - Relation of this chapter to other land-use laws

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant.
An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.
Laws, 2008, ch. 398, § 6, eff. 7/1/2008.