reglab/statecodes huggingface dataset:
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 89-23-13 - Notice requirement; penalty for failure to provide notice

(a)
A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
(1)
Each person that signed the covenant;
(2)
Each person holding a recorded interest in the real property subject to the covenant;
(3)
Each person in possession of the real property subject to the covenant;
(4)
Each municipality or other unit of local government in which real property subject to the covenant is located; and
(5)
Any other person the agency requires.
(b)
The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
(c)
Failure by any person to provide a copy of the covenant in the manner required by the agency shall be punishable by a civil penalty to be determined by the Commission on Environmental Quality consistent with the terms and provisions of Section
49-17-43
.
Laws, 2008, ch. 398, § 7, 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 89-23-15 - Recording of environmental covenant, amendment, and termination

(a)
An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(b)
Except as otherwise provided in Section
89-23-17(b)
, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property including, but not limited to, the requirement of providing indexing instructions and preparer data, as set forth in Section
89-5-33(3)
; and, the requirement to provide an acknowledgment as set forth in Section
89-3-1
.
Laws, 2008, ch. 398, § 8, 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 89-23-17 - Duration of environmental covenants

(a)
An environmental covenant is perpetual unless it is:
(1)
By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(2)
Terminated by consent pursuant to Section
89-23-19
;
(3)
Terminated by foreclosure of an interest that has priority over the environmental covenant;
(4)
Terminated or modified in an eminent domain proceeding, but only if:
(A)
The commission and the agency that signed the covenant are parties to the proceeding;
(B)
All persons identified in Section
89-23-19(a) and (b)
are given notice of the pendency of the proceeding; and
(C)
The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment; or
(5)
Terminated or modified by the commission pursuant to the following:
(A)
If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, the commission, by an order in which all persons identified in Section
89-23-19(a) and (b)
have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
(B)
The commission's order shall be subject to review as provided in Section
49-17-41
. Failure by the commission to make a determination within one hundred twenty (120) days of a request to terminate the covenant or reduce its burden on the real property subject to the covenant shall be deemed a decision that the environmental covenant should not be terminated or modified and parties listed in Section
89-23-21
may request a hearing before the commission in accordance with Section
49-17-41
.
(b)
Except as otherwise provided in subsection (a), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
Laws, 2008, ch. 398, § 9, 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 89-23-19 - Amendment or termination of environmental covenant; consent

(a)
An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1)
The agency;
(2)
Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(3)
The commission, unless it waives its participation;
(4)
Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(5)
Except as otherwise provided in subsection (d)(2), the holder.
(b)
If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(c)
Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(d)
Except as otherwise provided in an environmental covenant:
(1)
A holder may not assign its interest without consent of the other parties;
(2)
A holder may be removed and replaced by agreement of the other parties specified in subsection (a); and
(e)
A court of competent jurisdiction may fill a vacancy in the position of holder.
Laws, 2008, ch. 398, § 10, 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 89-23-21 - Violation of environmental covenant; injunctive relief

(a)
A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1)
A party to the covenant;
(2)
The agency;
(3)
The commission;
(4)
Any person to whom the covenant expressly grants power to enforce;
(5)
A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(6)
A municipality or other unit of local government in which the real property subject to the covenant is located.
(b)
This chapter does not limit the regulatory authority of the agency or the Mississippi Commission on Environmental Quality under law other than this chapter with respect to an environmental response project.
(c)
A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
Laws, 2008, ch. 398, § 11, 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 89-23-23 - Application and construction of chapter

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.
Laws, 2008, ch. 398, § 12, 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 89-23-25 - Relation of chapter to federal law

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 USCS Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that act (15 USCS Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that act (15 USCS Section 7003(b)).
Laws, 2008, ch. 398, § 13, 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 89-23-27 - Severability

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.
Laws, 2008, ch. 398, § 14, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-1 - Short title

This chapter shall be known and may be referred to as the "Mississippi Uniform Statutory Rule Against Perpetuities."
Added by Laws, 2015, ch. 414, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-3 - Statutory rule against perpetuities

(1)
A nonvested property interest is invalid unless:
(a)
When the interest is created, it is certain to vest or terminate no later than twenty-one (21) years after the death of an individual then alive; or
(b)
The interest either vests or terminates within ninety (90) years after its creation.
(2)
A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(a)
When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one (21) years after the death of an individual then alive; or
(b)
The condition precedent either is satisfied or becomes impossible to satisfy within ninety (90) years after its creation.
(3)
A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(a)
When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one (21) years after the death of an individual then alive; or
(b)
The power is irrevocably exercised or otherwise terminates within ninety (90) years after its creation.
(4)
In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a), or (3)(a) of this section, the possibility that a child will be born to an individual after the individual's death is disregarded.
(5)
If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:
(a)
The expiration of a period of time not exceeding twenty-one (21) years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or
(b)
The expiration of a period of time that exceeds or might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement;
that language is inoperative to the extent that it produces a period of time that exceeds twenty-one (21) years after the death of the survivor of the specified lives.
Added by Laws, 2015, ch. 414, § 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-5 - When nonvested property interest or power of appointment is created

(1)
Except as provided in subsections (2), (3) and (4) of this section and in Section
89-25-11(1)
, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(2)
For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:
(a)
A nonvested property interest; or
(b)
A property interest subject to a power of appointment described in Section
89-25-3(2) or (3)
, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(3)
For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
(4)
For purposes of this chapter, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of the other nongeneral or testamentary power of appointment is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment.
Added by Laws, 2015, ch. 414, § 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-7 - Reformation

Upon petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety (90) years allowed by Section
89-25-3(1)(b), (2)(b) or (3)(b)
or the three hundred sixty (360) years allowed in Section
89-25-9(h)
, if:
(a)
A nonvested property interest or a power of appointment becomes invalid under Section
89-25-3
;
(b)
A class gift is not invalid, but might become invalid under Section
89-25-3
, and the time has arrived when the share of any class member is to take effect in possession or enjoyment;
(c)
A nonvested property interest that is not validated by Section
89-25-3(1)(a)
can vest but not within ninety (90) years after its creation; or
(d)
In the case of a trust which otherwise meets the requirements of Section
89-25-9(h)
, all beneficial interests in the trust can vest or the trust can terminate but not within three hundred sixty (360) years.
Added by Laws, 2015, ch. 414, § 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-9 - Exclusions from the statutory rule against perpetuities

Section
89-25-3
shall not apply to:
(a)
A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
(i)
A premarital or postmarital agreement;
(ii)
A separation or divorce settlement;
(iii)
A spouse's election;
(iv)
A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;
(v)
A contract to make or not to revoke a will or trust;
(vi)
A contract to exercise or not to exercise a power of appointment;
(vii)
A transfer in satisfaction of a duty of support; or
(viii)
A reciprocal transfer;
(b)
A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
(c)
A power to appoint a fiduciary;
(d)
A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(e)
A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
(f)
A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;
(g)
A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or
(h)
A trust:
(i)
That is governed by the laws of this state;
(ii)
That grants to the trustee the power to sell trust property; and
(iii)
Which, pursuant to the terms of the trust instrument, does not exceed:
1.
Three hundred sixty (360) years as to personal property; and
2.
One hundred ten (110) years as to real property.
Added by Laws, 2015, ch. 414, § 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-11 - Prospective application

(1)
Except as provided by subsection (2) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2015. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(2)
If a nonvested property interest or a power of appointment was created before July 1, 2015 and is determined in a judicial proceeding, commenced on or after July 1, 2015, to violate this state's rule against perpetuities as that rule existed before July 1, 2015, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
Added by Laws, 2015, ch. 414, § 6, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-13 - Uniformity

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Added by Laws, 2015, ch. 414, § 7, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 25 - MISSISSIPPI UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 89-25-1 — 89-25-15) › Section 89-25-15 - Supersession

This chapter supersedes the rule of the common law known as the rule against perpetuities.
Added by Laws, 2015, ch. 414, § 8, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter [29] - MISSISSIPPI FOREIGN LAND OWNERSHIP ACT (§ 89) › Section 89-[29]-NEW-001 - [Newly enacted section not yet numbered] [Short title]

This act shall be known and may be cited as the "Mississippi Foreign Land Ownership Act."
Added by Laws, 2024, ch. 329, SB 2519,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter [29] - MISSISSIPPI FOREIGN LAND OWNERSHIP ACT (§ 89) › Section 89-[29]-NEW-002 - [Newly enacted section not yet numbered] [Definitions]

For the purposes of this act, the following words shall have the meaning herein ascribed unless the context clearly requires otherwise:
(a)
"Forest and agricultural land" means any land in the state devoted to the growing of trees or the commercial production of agricultural products or timber, wood or forest products, including nongaming species. Where the land is classified by the county as forest, agricultural, pasture or open land and being used as forest or agricultural land in the performance of forestry or agricultural activities is a prima facie case as to the purpose the land is devoted to, though such classification shall not be required.
(b)
"Majority part" or "majority interest" means an interest of fifty percent (50%) or more in the aggregate, held by individuals, parties or governments that are nonresident aliens as defined in paragraph (c) of this section. Majority interest shall still qualify even if the nonresident alien individuals, parties or governments are not acting in concert.
(c)
"Nonresident alien" means:
(i)
An individual who is domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce and is neither a citizen of the United States nor a resident of the United States within the meaning of subparagraph (A)(26) U.S. Code Section 7701;
(ii)
A corporation, partnership, limited partnership, limited liability company, trustee or other business entity that is:
1.
Domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce; or
2.
Domiciled within the United States but which is wholly or in the majority part owned by any corporation, partnership, limited partnership, limited liability company, trustee or other business entity domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce.
This subparagraph (ii) shall apply unless the nonresident alien is a corporation, partnership, limited partnership, limited liability company, trustee or other business entity leasing not more than five hundred (500) total acres of Mississippi land from its owner and using such land for agricultural research and development or experimental purposes, including testing, developing or producing crop production inputs, including, but not limited to, seeds, plants, pesticides, soil amendments, biologicals and fertilizers solely for sale or resale; or
(iii)
A foreign government designated as a foreign adversary by the United States Secretary of Commerce.
(d)
"Possessory interest" means all direct interest acquired, transferred or held in forest or agricultural land for a term of one (1) year or longer.
Added by Laws, 2024, ch. 329, SB 2519,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter [29] - MISSISSIPPI FOREIGN LAND OWNERSHIP ACT (§ 89) › Section 89-[29]-NEW-003 - [Newly enacted section not yet numbered] [Nonresident alien - Possessory interest in forest or agricultural land - Notice of the violation]

(1)
A nonresident alien may acquire a possessory interest in forest or agricultural land by devise or inheritance, as security for indebtedness, in the collection of debts or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise.
(2)
Any such possessory interest in forest or agricultural land acquired by a nonresident alien in the collection of debts or by any procedure for the enforcement of a lien or claim thereon shall be disposed of within two (2) years after acquiring such possessory interest.
(3)
Any such possessory interest in forest or agricultural land acquired by a nonresident alien by devise or inheritance shall be disposed of within one (1) year after acquiring such possessory interest.
(4)
A nonresident alien that acquires a possessory interest in forest or agricultural land pursuant to subsection (1) of this section may avoid disposing of such interest if, within the time required for disposal, such nonresident alien terminates said nonresident alien status or disposes of such shared interest as to no longer retain the majority part of interest thereof.
(5)
Ownership of a majority part or majority interest in forest or agricultural land by a nonresident alien, outside of the provisions allowed by subsections (1) through (4) of this section, shall be prohibited. Failure to comply with the provisions of this section shall trigger the Secretary of State to issue a formal demand with notice of the violation to the nonresident alien. Failure to comply with the disposition of forest or agricultural land within the State of Mississippi after receiving notice shall trigger the Secretary of State to formally notify the Attorney General with a specific request for enforcement actions to begin.
Added by Laws, 2024, ch. 329, SB 2519,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter [29] - MISSISSIPPI FOREIGN LAND OWNERSHIP ACT (§ 89) › Section 89-[29]-NEW-004 - [Newly enacted section not yet numbered] [Oversight - Fines - Rules]

(1)
The Mississippi Office of the Secretary of State shall be charged with the oversight of this act. Upon notice of a violation of the provisions herein, the Secretary of State shall issue a formal demand on the nonresident alien requiring the nonresident alien to comply herein within the time and manner prescribed. If the provisions of this act are silent to the time period a nonresident alien has to dispose of acquired forest or agricultural land within the State of Mississippi, or to bring the interest of a nonresident alien, which is held in a corporation, partnership, limited partnership, limited liability company, trustee or other business entity, below a majority interest, the time to comply shall be set at one (1) year. Failure to comply with the disposition of forest or agricultural land within the State of Mississippi after receiving notice shall trigger the Secretary of State or his or her agent to formally notify the Attorney General with a specific request for enforcement actions to begin.
(2)
Upon notification received by the Attorney General, the nonresident alien shall be issued fines in the amount as set forth below:
First Offense...................
$ 100,000.00
-
$250,000.00
Second Offense..................
$ 250,000.00
-
$750,000.00
Third and Subsequent Offense.....
$750,000.00
-
$5,000,000.00
Fines shall be payable within thirty (30) days of the date of institution of the fine and shall be filed on the judgment rolls of the county where the property is located. Following the conclusion of the thirty-day period, the Attorney General shall begin the judicial taking of the property by filing a civil forfeiture action in the Chancery Court where the property is so located or in the Hinds County Chancery Court, whichever is convenient to the State of Mississippi. The entry of the final order of civil forfeiture shall extinguish the lien of the fine on the property, but shall not extinguish the fine on the nonresident alien. No mortgage, lien, privilege or other security interest recognized under the laws of this state and no ownership interest in division, lease, servitude, usufruct, right to use, bond or deed or other real rights shall be affected by a forfeiture or disposition pursuant to this section.
(3)
The Secretary of State, in consultation with the Attorney General, shall promulgate rules and regulations as necessary to implement the provisions of this act.
Added by Laws, 2024, ch. 329, SB 2519,§ 4, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter [29] - MISSISSIPPI FOREIGN LAND OWNERSHIP ACT (§ 89) › Section 89-[29]-NEW-005 - [Newly enacted section not yet numbered] [Real estate broker or realtor - Duty to disclose requirements of act]

A real estate broker or realtor who engages with a client who is a prospective buyer or seller of a possessory interest in forest or agricultural land shall timely disclose to said client the requirements and limitations of this act.
Added by Laws, 2024, ch. 329, SB 2519,§ 5, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter [29] - MISSISSIPPI FOREIGN LAND OWNERSHIP ACT (§ 89) › Section 89-[29]-NEW-006 - [Newly enacted section not yet numbered] [Duty to investigate - Liability for failure to investigate]

No attorney, title insurer, title insurance producer, title insurance agency producer, lender, mortgage loan servicer, notary public, real estate agent, real estate broker, seller or lessor shall have a duty to make any investigation as to whether a party to a transaction involving immovable property is a foreign adversary, nor shall any such person be liable for failing to identify that a party to a transaction involving immovable property is a foreign adversary.
Added by Laws, 2024, ch. 329, SB 2519,§ 6, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-1 - Territorial application

This chapter applies to the property of decedents domiciled in this state and real property of nonresidents located in this state.
Codes, 1857, ch. 60, art. 110; 1871, § 1950; 1880, § 1270; 1892, § 1542; 1906, § 1648; Hemingway's 1917, § 1380; 1930, § 1401; 1942, § 467.
Amended by Laws, 2020, ch. 343, SB 2850,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-3 - Descent of land

When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, the descendants of the deceased child or grandchild to take the share of the deceased parent in equal parts among them. When there shall not be a child or children of the intestate nor descendants of such children, then to the brothers and sisters and father and mother of the intestate and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother of the intestate to have in equal parts among them their deceased parent's share. If there shall not be a child or children of the intestate, or descendants of such children, or brothers or sisters, or descendants of them, or father or mother, then such estate shall descend, in equal parts, to the grandparents and uncles and aunts, if any there be; otherwise, such estate shall descend in equal parts to the next of kin of the intestate in equal degree, computing by the rules of the civil law. There shall not be any representation among collaterals, except among the descendants of the brothers and sisters of the intestate.
Codes, Hutchinson's 1848, ch. 44, art. 2 (50); 1857, ch. 60, art. 110; 1871, § 1948; 1880, § 1271; 1892, § 1543; 1906, § 1649; Hemingway's 1917, § 1381; 1930, § 1402; 1942, § 468; Laws, 1952, ch. 252, § 1.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-5 - Half-bloods

There shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in the same degree.
Codes, Hutchinson's 1848, ch. 44, art. 2 (50); 1857, ch. 60, art. 110; 1871, § 1949; 1880, § 1271; 1892, § 1544; 1906, § 1650; Hemingway's 1917, § 1382; 1930, § 1403; 1942, § 469.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-7 - Descent of property as between husband and wife

(1)
If a husband dies intestate and does not leave children or descendants of children, his widow shall be entitled to his entire estate, real and personal, in fee simple, after payment of his debts; but where the deceased husband leaves a child or children by that or a former marriage, or descendants of such child or children, his widow shall have a child's part of his estate, in either case in fee simple. If a married woman dies owning any real or personal estate not disposed of, it shall descend to her husband and her children or their descendants if she has any surviving her, either by a former husband or by the surviving husband, in equal parts, according to the rules of descent. If she has children and there also are descendants of other children who have died before the mother, the descendants shall inherit the share to which the parent would have been entitled if living, as coheirs with the surviving children. If she has no children or descendants of them, then the husband shall inherit all of her property.
(2)
The provisions of Section 1 of this act are applicable in determining whether a child of a decedent is living at the time of the decedent's death.
Codes, Hutchinson's 1848, ch. 44, art. 3, 4; 1857, ch. 17, art. 1; 1871, § 1788; 1880, § 1771; 1892, § 1545; 1906, § 1651; Hemingway's 1917, § 1383; 1930, § 1404; 1942, § 470.
Amended by Laws, 2024, ch. 524, HB 1542,§ 3, eff. 5/13/2024.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-9 - Descent of trust estates

If any cestui que trust shall die leaving a trust in lands, tenements, or hereditaments in fee simple or in freehold, the trust shall descend as real estate if not disposed of by will, or if not inconsistent with the declaration of the trust.
Codes, 1880, § 1272; 1892, § 1546; 1906, § 1652; Hemingway's 1917, § 1384; 1930, § 1405; 1942, § 471.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-11 - Personal estate to descend as real estate

(1)
Except as provided in subsection (2) of this section, when any person shall die possessed of goods and chattels or personal estate not bequeathed, the same shall descend to and be distributed among his or her heirs in the same manner that real estate not devised descends.
(2)
When any person shall die possessed of goods and chattels or personal estate not bequeathed, the provisions of Section 1 of this act are applicable in determining whether a child of a decedent is living at the time of the decedent's death.
Codes, Hutchinson's 1848, ch. 44, art. 2 (52); 1857, ch. 60, art. 111; 1871, § 1951; 1880, § 1273; 1892, § 1547; 1906, § 1653; Hemingway's 1917, § 1385; 1930, § 1406; 1942, § 472.
Amended by Laws, 2024, ch. 524, HB 1542,§ 2, eff. 5/13/2024.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-13 - Estate of testator not disposed of by will to descend

All estate, real and personal, not devised or bequeathed in the last will and testament of any person shall descend and be distributed in the same manner as the estate of an intestate; and the executor or administrator shall administer the same accordingly.
Codes, 1857, ch. 60, art. 112; 1871, § 1952; 1880, § 1274; 1892, § 1548; 1906, § 1654; Hemingway's 1917, § 1386; 1930, § 1407; 1942, § 473.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-17 - Advancement to be brought into hotchpot

When any of the children of a person dying intestate, or their descendants, shall have received from such intestate, in his lifetime, any real or personal estate by way of advancement, and shall choose to come into the partition and distribution of the estate with the other parceners and distributees, such advancement, both of real and personal estate, shall be brought into hotchpot with the whole estate, real and personal, descended. Such party bringing such advancement into hotchpot shall thereupon be entitled to his or her proper portion of the whole estate descended, both real and personal; but such advancement shall be valued according to its value at the time said distributee received it.
Codes, Hutchinson's 1848, ch. 44, art. 2 (51); 1857, ch. 60, art. 113; 1871, § 1953; 1880, § 1276; 1892, § 1550; 1906, § 1656; Hemingway's 1917, § 1388; 1930, § 1409; 1942, § 475.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-19 - Descent of exempt property

The property, real and personal, exempted by law from sale under execution or attachment shall, on the death of the husband or wife owning it, descend to the survivor of them and the children and grandchildren of the decedent, as tenants in common, grandchildren inheriting their deceased parent's share; and if there be no children or grandchildren of the decedent, to the surviving wife or husband; and if there be no such survivor, to the children and grandchildren of the deceased owner. Where the surviving husband or wife shall own a place of residence equal in value to the homestead of the decedent, and the deceased husband or wife have no surviving children or grandchildren of the last marriage but have children or grandchildren of a former marriage, the homestead of such decedent shall not descend to the surviving husband or wife, but shall descend to the surviving children and grandchildren of the decedent by such former marriage, as other property.
Codes, Hutchinson's 1848, ch. 49, art. 17 (2); 1857, ch. 60, art. 172; 1871, § 1956; 1880, § 1277; 1892, § 1551; 1906, § 1657; Hemingway's 1917, § 1389; 1930, § 1410; 1942, § 476; Laws, 1900, ch. 89.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-21 - Exempt property liable for debt of decedent

If there shall not be either a surviving wife or husband or children or grandchildren of the decedent, the exempt property shall be liable for the debts of the decedent and be disposed of in all respects as other property of such decedent.
Codes, 1871, § 1956; 1880, § 1277; 1892, § 1552; 1906, § 1658; Hemingway's 1917, § 1390; 1930, § 1411; 1942, § 477; Laws, 1900, ch. 89.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-23 - Exempt property not to be partitioned in certain cases

Where a decedent leaves a widow to whom, with others, his exempt property, real and personal, descends, the same shall not be subject to partition or sale for partition during her widowhood as long as it is occupied or used by the widow, unless she consent. Likewise, where a decedent leaves a widower to whom, with others, her exempt property, real and personal, descends, the same shall not be subject to partition or sale for partition during the period of his being a widower as long as it is occupied or used by the widower, unless he consent.
Codes, 1892, § 1553; 1906, § 1659; Hemingway's 1917, § 1391; 1930, § 1412; 1942, § 478; Laws, 1950, ch. 346.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-25 - Person who has killed another not to inherit from him

If any person wilfully cause or procure the death of another in any way, he shall not inherit the property, real or personal, of such other; but the same shall descend as if the person so causing or procuring the death had predeceased the person whose death he perpetrated.
Codes, 1892, § 1554; 1906, § 1660; Hemingway's 1917, § 1392; 1930, § 1413; 1942, § 479; Laws, 1992, ch. 311, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-27 - How title to property acquired by descent may be made

In all cases in which persons have died, or may hereafter die, wholly or partially intestate, having property, real or personal, any heir at law of such deceased person, or any one interested in any of the property as to which he shall have died intestate, may petition the chancery court of the county in which said deceased had his mansion house or principal place or residence, or in which any part of his real estate may be situated, in case he was a nonresident, setting forth the fact that said person died wholly or partially intestate, possessed of real or personal property in the State of Mississippi, the names of the heirs at law or next of kin, and praying that the person named in said petition be recognized and decreed to be the heir at law of said deceased.
Codes, 1906, § 2790; Hemingway's 1917, § 310; 1930, § 359; 1942, § 1270; Laws, 1896, ch. 93.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-29 - Heirs to be cited to appear

All the heirs at law and next of kin of said deceased who are not made parties plaintiff to the action shall be cited to appear and answer the same. And in addition thereto a summons by publication shall be made addressed to "The heirs at law of ____________________, Deceased," and shall be published as other publications to absent or unknown defendants, and the cause shall be proceeded with as other causes in chancery, and upon satisfactory evidence as to death of said person and as to the fact that the parties to said suit are his sole heirs at law, the court shall enter a judgment that the persons so described be recognized as the heirs at law of such a decedent, and as such be placed in possession of his estate. And said judgment shall be evidence in all the courts of law and equity in this state that the persons therein named are the sole heirs at law of the person therein described as their ancestor.
Codes, 1906, § 2791; Hemingway's 1917, § 311; 1930, § 360; 1942, § 1271; Laws, 1991, ch. 573, § 127, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 1 - DESCENT AND DISTRIBUTION (§§ 91-1-NEW — 91-1-31) › Section 91-1-31 - Judgment as to descent of property cannot be assailed collaterally except for fraud

A judgment so rendered as provided in Section
91-1-29
shall not be assailed collaterally, except for fraud, and shall be binding and conclusive upon all persons cited to appear from the date of its rendition, and upon all persons whomsoever from and after the expiration of two (2) years from the date on which the same was rendered, saving to minors and persons of unsound mind, the right to re-open said cause within one (1) year after attaining majority or being restored to sanity. A judgment so rendered shall thereupon be filed, recorded and indexed by the chancery clerk of the county where rendered in the general deed records of said county, just as if it were a deed of conveyance from said decedent to his heirs at law. And a certified copy of such judgment may likewise be filed, recorded and indexed in any other county where the decedent owned land at the date of his death.
Codes, 1906, § 2792; Hemingway's 1917, § 312; 1930, § 361; 1942, § 1272; Laws, 1991, ch. 573, § 128, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-1 - How chapter cited

This chapter may be cited as the Uniform Simultaneous Death Law.
Codes, 1942, § 479-08; Laws, 1956, ch. 214, § 8, eff. 7/1/1956.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-3 - Construction

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact the Uniform Simultaneous Death Law.
Codes, 1942, § 479-07; Laws, 1956, ch. 214, § 7, eff. 7/1/1956.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-5 - Disposition of property in absence of evidence of survivorship

Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.
Codes, 1942, § 479-01; Laws, 1956, ch. 214, § 1, eff. 7/1/1956.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-7 - Beneficiaries of another person's disposition of property

Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Codes, 1942, § 479-02; Laws, 1956, ch. 214, § 2, eff. 7/1/1956.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-9 - Joint tenants or tenants by the entirety

Where there is no sufficient evidence that two (2) joint tenants have died otherwise than simultaneously the property so held shall be distributed one half (1/2) as if one had survived and one half (1/2) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
Codes, 1942, § 479-03; Laws, 1956, ch. 214, § 3, eff. 7/1/1956.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-11 - Insurance policies or contracts

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Codes, 1942, § 479-04; Laws, 1956, ch. 214, § 4, eff. 7/1/1956.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-13 - Chapter not to apply to persons dying before effective date

This chapter shall not apply to the distribution of the property of a person who has died before July 1, 1956.
Codes, 1942, § 479-05; Laws, 1956, ch. 214, § 5, eff. 7/1/1956.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 3 - UNIFORM SIMULTANEOUS DEATH LAW (§§ 91-3-1 — 91-3-15) › Section 91-3-15 - Provision in will, etc., rendering chapter inapplicable

This chapter shall not apply in the case of wills, living trusts, deeds, contracts of insurance or other contracts wherein provision has been made for distribution of property different from the provisions of this chapter.
Codes, 1942, § 479-06; Laws, 1956, ch. 214, § 6, eff. 7/1/1956.