reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 1 - LIMITATION OF ACTIONS (§§ 15-1-1 — 15-1-85) › Section 15-1-79 - Limitations inapplicable to suits on certain obligations of banks and moneyed corporations

None of the provisions of this chapter shall apply to suits brought to enforce payment of notes, bills, or evidences of debt issued by any bank or moneyed corporation.
Codes, 1857, ch. 57, art. 27; 1871, § 2171; 1880, § 2690; 1892, § 2758; 1906, § 3119; Hemingway's 1917, § 2483; 1930, § 2319; 1942, § 749.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 1 - LIMITATION OF ACTIONS (§§ 15-1-1 — 15-1-85) › Section 15-1-83 - Limitations applicable to actions founded on real estate appraisal

(1)
An action based on a real estate appraisal by a person who is or was licensed, certified or registered under Title 73, Chapter 34, Mississippi Code of 1972, on the date of the appraisal must be commenced against the licensed real estate appraiser, certified residential appraiser, certified general real estate appraiser or appraiser trainee who performed the appraisal, or the appraiser's or appraiser trainee's employer, or a firm with which the appraiser or appraiser's trainee is affiliated, or the lender or appraisal management firm that ordered the appraisal, within five (5) years after the date the appraisal was relied upon or utilized by an intended user or within the time prescribed in Section
15-1-49
, whichever is earlier.
(2)
This section is inapplicable to any action arising from a real estate appraisal where the licensed real estate appraiser, certified residential appraiser, certified general real estate appraiser, appraiser trainee, the appraiser's or appraiser trainee's employer, a firm with which the appraiser or appraiser's trainee is affiliated, or the lender or appraisal management firm that ordered the appraisal fraudulently inflated the value of the property or colluded with others to fraudulently inflate the value of the property.
Added by Laws, 2020, ch. 377, SB 2430,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 1 - LIMITATION OF ACTIONS (§§ 15-1-1 — 15-1-85) › Section 15-1-85 - Limitations applicable to actions founded on licensed real estate activities

(1)
An action based on actions or omissions to act by a person who is or was licensed as a broker or salesperson under the Real Estate Brokers License Law of 1954, Title 73, Chapter 35, Mississippi Code of 1972, must be commenced against the licensed or formerly licensed person, or a firm with which said person is affiliated, within five (5) years after the date of the consummation of the transaction out of which the action arose or, if not consummated, the date on which the agency relationship out of which the action arose ceased to exist, or within the time prescribed in Section
15-1-49
, whichever is earlier, or the date a broker price opinion was relied upon by an intended user.
(2)
This section is inapplicable to any action arising from actions or omissions to act by a person who is or was licensed as a broker or salesperson, or a firm with which said person is or was affiliated, where that person or firm fraudulently inflated the value of the property or colluded with others to fraudulently inflate the value of the property.
Added by Laws, 2020, ch. 377, SB 2430,§ 2, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-1 - Certain contracts to be in writing

An action shall not be brought whereby to charge a defendant or other party:
(a)
upon any special promise to answer for the debt or default or miscarriage of another person;
(b)
upon any agreement made upon consideration of marriage, mutual promises to marry excepted;
(c)
upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one year;
(d)
upon any agreement which is not to be performed within the space of fifteen months from the making thereof; or
(e)
upon any special promise by an executor or administrator to answer any debt or damage out of his own estate;
unless, in each of said cases, the promise or agreement upon which such action may be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith or signed by some person by him or her thereunto lawfully authorized in writing.
Codes, Hutchinson's 1848, ch. 47, art. 1 (1); 1857, ch. 44, art. 1; 1871, § 2892; 1880, § 1292; 1892, § 4225; 1906, § 4775; Hemingway's 1917, § 3119; 1930, § 3343; 1942, § 264; Laws, 1926, ch. 152.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-3 - [Repealed]

Repealed by Laws of 2006, ch. 371, § 13, eff. 7/1/2006.
Codes, Hutchinson's 1848, ch. 47, art. 1 (2); 1857, ch. 44, art. 2; 1871, § 2893; 1880, § 1293; 1892, §§ 4226, 4227; 1906, §§ 4776, 4777; Hemingway's 1917, §§ 3120, 3121; 1930, §§ 3344, 3345; 1942, §§ 265, 266.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-5 - Fraudulent conveyances, judgments, loans and the like; exceptions

Section
15-3-3
shall not extend to any estate or interest in any lands, goods or chattels, or any rents, common, or profit out of the same, which shall be upon good consideration and bona fide lawfully conveyed or assured to any person or persons, bodies-politic or corporate, nor shall it in any case extend to creditors whose debts were contracted after such fraudulent act, unless made with intent to defraud them, and though a conveyance or contract be decreed void as to prior creditors, it shall not, on that account, be void as to subsequent creditors or purchasers.
Codes, Hutchinson's 1848, ch. 47, art. 1 (3); 1857, ch. 44, art. 3; 1871, § 2894; 1880, § 1294; 1892, § 4228; 1906, § 4778; Hemingway's 1917, § 3122; 1930, § 3346; 1942, § 267.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-7 - Property of improperly disclosed principal or partner to be treated as property of one ostensibly transacting business

If a person shall transact business as a trader or otherwise, with the addition of the words "agent," "factor," "and company," or "& Co.," or like words, and fail to disclose the name of his principal or partner by a sign in letters easy to be read, placed conspicuously at the house where such business is transacted, or if a person shall transact business in his own name without any such addition, all the property, stock, money and choses in action used or acquired in such business shall, as to the creditors of such person, be liable for his debts, and be in all respects treated in favor of his creditors as his property. However, the provisions of this section shall not apply to a refrigerated box, vending machine or other container when placed by a person, firm, or corporation in a store, mercantile establishment, or other place of business to be used therein, where said refrigerated box, vending machine, or other container is plainly marked with a sign, painted on or attached to and prominently displayed on such property, showing said property to be the property of the person, firm, or corporation, placing the same therein.
Codes, 1880, § 1300; 1892, § 4234; 1906, § 4784; Hemingway's 1917, § 3128; 1930, § 3352; 1942, § 273; Laws, 1956, ch. 208.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-9 - Creditors to be notified of destruction of insured stock of merchandise by fire

In case of the destruction of a stock of merchandise by fire upon which there is insurance against such loss, the holder of such insurance policies shall within five days after such loss notify his creditors to whom he is indebted for merchandise, of his loss and the amount of insurance carried, and no such policy or policies of insurance shall be transferred or assigned for ten days after such notice, and no such insurance shall be paid for fifteen days next after the occurrence of any such fire.
Codes, Hemingway's 1917, § 3130; 1930, § 3354; 1942, § 276; Laws, 1908, ch. 100.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-11 - Actions on contracts made during infancy

An action shall not be maintained whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification after full age of any promise or contract made during infancy, unless such promise or ratification shall be made by some writing, signed by the person to be charged therewith. The full age of ratification shall be eighteen (18) years of age.
Codes, 1857, ch. 44, art. 8; 1871, § 2898; 1880, § 1298; 1892, § 4232; 1906, § 4782; Hemingway's 1917, § 3126; 1930, § 3350; 1942, § 271.
Amended by Laws, 2023, ch. 507, SB 2073,§ 3, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-13 - Chapter is not applicable to official sales

Nothing in this article shall apply to official sales by sheriffs, constables, executors, administrators, guardians, receivers, commissioners, trustees in bankruptcy, or any public officer.
Codes, Hemingway's 1917, § 3131;1930, § 3355; 1942, § 277; Laws, 1908, ch. 100.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 1 - IN GENERAL (§§ 15-3-1 — 15-3-15) › Section 15-3-15 - Effect of chapter on rules of evidence or presumptions of law

Except as especially provided, nothing contained in this article, nor any act thereunder, shall change or affect the present rules of evidence or the present presumptions of law.
Codes, Hemingway's 1917, § 3132; 1930, § 3356; 1942, § 278; Laws, 1908, ch. 100.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-103 - Debtor insolvency; partnership insolvency; excluded assets; excluded debts

(1)
A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation.
(2)
A debtor who generally is not paying his or her debts as they become due is presumed to be insolvent.
(3)
A partnership is insolvent under subsection (1) if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
(4)
Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.
(5)
Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Laws, 2006, ch. 371, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-105 - Value specified

(1)
Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(2)
For the purposes of Section
15-3-107(2)(l), (m) and (n)
, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement.
(3)
A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
Laws, 2006, ch. 371, § 3, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-109 - Determination of when a transfer is made or obligation incurred

For the purposes of this article:
(a)
A transfer is made:
(i)
With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(ii)
With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;
(b)
If applicable law permits the transfer to be perfected as provided in paragraph (a) and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action;
(c)
If applicable law does not permit the transfer to be perfected as provided in paragraph (a), the transfer is made when it becomes effective between the debtor and the transferee;
(d)
A transfer is not made until the debtor has acquired rights in the asset transferred;
(e)
An obligation is incurred:
(i)
If oral, when it becomes effective between the parties; or
(ii)
If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
Laws, 2006, ch. 371, § 5, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-111 - Creditor remedies

(1)
In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Section
15-3-113
, may obtain:
(a)
Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(b)
An attachment or other provisional remedy against the asset transferred or other property of the transferee;
(c)
Subject to applicable principles of equity and in accordance with applicable rules of civil procedure,
(i)
An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii)
Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii)
Any other relief the circumstances may require.
(2)
If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Laws, 2006, ch. 371, § 6, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-113 - Transferee defenses, liability and protection

(1)
A transfer or obligation is not voidable under Section
15-3-107(1)
against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(2)
Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under Section
15-3-111(1)(a)
, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (3), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:
(a)
The first transferee of the asset or the person for whose benefit the transfer was made; or
(b)
Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee.
(3)
If the judgment under subsection (2) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(4)
Notwithstanding voidability of a transfer or an obligation under this article, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(a)
A lien on or a right to retain any interest in the asset transferred;
(b)
Enforcement of any obligation incurred; or
(c)
A reduction in the amount of the liability on the judgment.
(5)
A transfer is not voidable under Section
15-3-107(2)(l), (m) or (n)
if the transfer results from:
(a)
Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(b)
Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code.
(6)
A transfer is not voidable under Section
15-3-107(2)(n)
:
(a)
To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;
(b)
If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(c)
If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
Laws, 2006, ch. 371, § 7, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-115 - Extinguishment of cause of action

A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:
(a)
Under Section
15-3-107(1)
, within three (3) years after the transfer was made or the obligation was incurred or, if later, within one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(b)
Under Section
15-3-107(2)(l) or (m)
, within three (3) years after the transfer was made or the obligation was incurred; or
(c)
Under Section
15-3-107(2)(n)
, within one (1) year after the transfer was made or the obligation was incurred.
Laws, 2006, ch. 371, § 8, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-117 - Supplementary general principles of law applicable

Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions.
Laws, 2006, ch. 371, § 9, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-119 - Rules of construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
Laws, 2006, ch. 371, § 10, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 15 - LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS (§§ 15-1-1 — 15-3-121) › Chapter 3 - PREVENTION OF FRAUDS (§§ 15-3-1 — 15-3-121) › Article 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 15-3-101 — 15-3-121) › Section 15-3-121 - Short title

Sections
15-3-101
through
15-3-121
may be cited as the "Uniform Fraudulent Transfer Act."
Laws, 2006, ch. 371, § 11, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-3 - General powers; reasonable accommodation of amateur radio communications

(1)
Except as otherwise provided in Section
17-1-21(2)
and in Article VII of the Chickasaw Trail Economic Development Compact described in Section
57-36-1
, for the purpose of promoting health, safety, morals, or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, are empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required with reference to land used for agricultural purposes, including forestry activities as defined in Section
95-3-29(2)(b)
, or for the erection, maintenance, repair or extension of farm buildings or farm structures, including forestry buildings and structures, outside the corporate limits of municipalities. The governing authority of each county and municipality may create playgrounds and public parks, and for these purposes, each of such governing authorities shall possess the power, where requisite, of eminent domain and the right to apply public money thereto, and may issue bonds therefor as otherwise permitted by law.
(2)
Local land use regulation ordinances involving the placement, screening, or height of amateur radio antenna structures must reasonably accommodate amateur communications and must constitute the minimum practicable regulation to accomplish local authorities' legitimate purposes of addressing health, safety, welfare and aesthetic considerations. Judgments as to the types of reasonable accommodation to be made and the minimum practicable regulation necessary to address these purposes will be determined by local governing authorities within the parameters of the law. This legislation supports the amateur radio service in preparing for and providing emergency communications for the State of Mississippi and local emergency management agencies.
Codes, 1930, § 2474; 1942, §§ 2890.5, 3590; Laws, 1926, ch. 308; Laws, 1938, ch. 333; Laws, 1946, ch. 292; Laws, 1956, ch. 197, §§ 1-6; Laws, 1958, chs. 520, 532; Laws, 1960, ch. 402; Laws, 1994, ch. 647, § 1; Laws, 1998, ch. 553, § 3; Laws, 2006, ch. 340, § 2, eff. 3/13/2006.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 36, eff. 2/2/2022.
Amended by Laws, 2018, ch. 377, HB 1122,§ 2, eff. 3/16/2018.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-5 - Manner of exercise of powers conferred

Except as otherwise provided in Article VII of the Chickasaw Trail Economic Development Compact described in Section
57-36-1
, in the exercise and enforcement of the powers conferred by Sections
17-1-1
through
17-1-27
, inclusive, each county and each municipality within the county may act independently one from the other, or, in the exercise of discretion, the governing authority of any county and the governing authority of any municipality located within the county may act jointly in order to attain uniformity and consistency in the zoning regulations for the areas to be affected.
Codes, 1930, § 2474; 1942, §§ 2890.5, 3590; Laws, 1926, ch. 308; Laws, 1938, ch. 333; Laws, 1946, ch. 292; Laws, 1956, ch. 197 §§ 1-6; Laws, 1958, chs. 520, 532; Laws, 1960, ch. 402; Laws, 1998, ch. 553, § 4, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-7 - Zones

Except as otherwise provided in Article VII of the Chickasaw Trail Economic Development Compact described in Section
57-36-1
, for the purposes set forth in Section
17-1-3
, the governing authority of each municipality and county may divide the municipality or county into zones of such number, shape and area as may be deemed best suited to carry out the purposes of Sections
17-1-1
through
17-1-27
, inclusive. Within the zones created, the governing authority of each municipality and county may, subject to the restrictions with respect to agricultural lands and farm buildings or structures as set out in Section
17-1-3
, regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All regulations shall be uniform for each class or kind of buildings throughout each zone, but regulations in one zone may differ from those in other zones.
Codes, 1930, § 2475; 1942, § 3591; Laws, 1926, ch. 308; Laws, 1998, ch. 553, § 5, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-9 - Purposes in view

Zoning regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings, and encouraging the most appropriate use of land throughout such municipality.
Codes, 1930, § 2476; 1942, § 3592; Laws, 1926, ch. 308.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-11 - Official plan; local planning commission

(1)
(a)
The governing authority of each municipality and county may provide for the preparation, adoption, amendment, extension and carrying out of a comprehensive plan for the purpose of bringing about coordinated physical development in accordance with present and future needs and may create, independently or jointly, a local planning commission with authority to prepare and propose (a) a comprehensive plan of physical development of the municipality or county; (b) a proposed zoning ordinance and map; (c) regulations governing subdivisions of land; (d) building or set back lines on streets, roads and highways; and (e) recommendations to the governing authorities of each municipality or county with regard to the enforcement of and amendments to the comprehensive plan, zoning ordinance, subdivision regulations and capital improvements program. The governing authority of each municipality and county may, in its discretion, pay to each member of a planning commission a per diem in an amount as determined by such governing authority for each day, or portion thereof, spent in the performance of his duties; however, no member of a planning commission may be paid more than One Hundred Twenty Dollars ($120.00) in the aggregate per month.
(b)
The definition of "comprehensive plan" set forth in paragraph (c) of Section
17-1-1
shall not be construed to affect, or to require the amendment of, any plan adopted by a county or municipality prior to July 1, 1988, which plan does not specifically conform to the minimum elements of a comprehensive plan required in such definition.
(2)
The governing authority of each municipality and county may adopt, amend and enforce the comprehensive plan, zoning ordinance, subdivision regulations and capital improvements program as recommended by the local planning commission after a public hearing thereon as provided by Section
17-1-15
.
(3)
In the performance of its duties, the local planning commission may cooperate with, contract with, or accept funds from federal, state or local agencies or private individuals or corporations and may expend such funds and carry out such cooperative undertakings and contracts.
(4)
Any comprehensive plan established under this section shall not contain any provision which conflicts with Article VII of the Chickasaw Trail Economic Development compact described in Section
57-36-1
.
Codes, 1942, § 2890.5; Laws, 1956, ch. 197, §§ 1-6; Laws, 1960, ch. 402; Laws, 1981, ch. 434, § 1; Laws, 1988, ch. 443; Laws, 1988, ch. 483, § 2; Laws, 1990, ch. 311, § 1; Laws, 1998, ch. 489, § 1; Laws, 1998, ch. 553, § 6, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-13 - Utilization of services of planning commissions, engineering departments or advisory committee

The governing authority of each county or municipality may, in order to more effectively carry out its requisite zoning and planning activities, utilize the services of any appropriate local or regional planning commission, and it may consider, act upon or otherwise make use of the suggestions, proposals or recommendations of any such appropriate local or regional planning commission. Also, in carrying out its zoning and planning duties, the governing authority of each county and municipality may utilize the services of any appropriate municipal or county engineering department or the services of an advisory committee of citizens of such number as may be deemed appropriate to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. A preliminary report may be made, and public hearings thereon before submitting its final report, may be had.
Codes, 1930 § 2479; 1942, § 3595; Laws, 1926, ch. 308.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-15 - Procedure for establishing, amending, etc., of regulations, zone boundaries, etc.; notice and hearing

The governing authority of each municipality and county shall provide for the manner in which the comprehensive plan, zoning ordinance (including the official zoning map) subdivision regulations and capital improvements program shall be determined, established and enforced, and from time to time, amended, supplemented or changed. However, no such plan, ordinance (including zoning boundaries), regulations or program shall become effective until after a public hearing, in relation thereto, at which parties in interest, and citizens, shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation, in such municipality or county.
Codes, 1930, § 2477; 1942, § 3593; Laws, 1926, ch. 308; Laws, 1988, ch. 483, § 3, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-17 - Changes

Zoning regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed upon at least fifteen (15) days' notice of a hearing on such amendment, supplement, change, modification or repeal, said notice to be given in an official paper or a paper of general circulation in such municipality or county specifying a time and place for said hearing. The governing authorities or any municipal agency or commission, which by ordinance has been theretofore so empowered, may provide in such notice that the same shall be held before the city engineer or before an advisory committee of citizens as hereinafter provided and if the hearing is held before the said engineer or advisory committee it shall not be necessary for the governing body to hold such hearing but may act upon the recommendation of the city engineer or advisory committee. Provided, however, that any party aggrieved with the recommendation of the city engineer or advisory committee shall be entitled to a public hearing before the governing body of the city, with due notice thereof after publication for the time and as provided in this section. The governing authorities of a municipality which had a population in excess of one hundred forty thousand (140,000) according to the 1960 census, or of a municipality which is the county seat of a county bordering on the Gulf of Mexico and the State of Alabama or of a municipality which had a population in excess of forty thousand (40,000) according to the 1970 census and which is within a county bordering on the Gulf of Mexico may enact an ordinance restricting such hearing to the record as made before the city engineer or advisory committee of citizens as herein above provided.
In case of a protest against such change signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof, extending one hundred sixty (160) feet therefrom or of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fifths (3/5) of the members of the legislative body of such municipality or county who are not required by law or ethical considerations to recuse themselves.
Codes, 1930, § 2478; 1942, § 3594; Laws, 1926, ch. 308; Laws, 1962, ch. 553; Laws, 1971, ch. 377, § 1; Laws, 1975, ch. 396; Laws, 1979, ch. 504; Laws, 2004, ch. 551, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-19 - Remedies of local governing authorities

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land, is used in violation of the zoning law or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of any county or municipality, in addition to other remedies, may institute any appropriate action or proceedings, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
Codes, 1930, § 2480; 1942, § 3596; Laws, 1926, ch. 308; Laws, 1962, ch. 554, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-25 - Acceptance for maintenance of subdivision street before subdivision completed

The governing authorities of each municipality or county of the state, in their discretion, may accept in the name of such municipality or county, for maintenance, any road or roads, or street or streets, as shall be completed to acceptable specifications established by such governing authorities of a municipality or county of each such subdivision or subdivisions as shall be located within the corporate limits of a municipality or the boundaries of a county.
By acceptance of such street or road by such governing authorities, even though such subdivision shall not be completed as proposed or platted, such municipality or county shall not be bound to accept in part or in its entirety such subdivision when it shall be completed except as provided by regular procedures by ordinance or regulation of such municipality or county.
Codes, 1942, § 3374-123.5; Laws, 1966, ch. 601, § 1, eff. 2/22/1966.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › GENERAL PROVISIONS (§§ 17-1-1 — 17-1-27) › Section 17-1-27 - Penalties for violations

Any person, firm or corporation who shall knowingly and willfully violate the terms, conditions or provisions of a zoning ordinance adopted under the authority of Sections
17-1-1
through
17-1-25
, inclusive, for violation of which no other administrative, civil or criminal penalty is prescribed by state or local law, shall be guilty of a misdemeanor and upon conviction therefor shall be sentenced to pay a fine of not to exceed One Hundred Dollars ($100.00), and in case of continuing violations without reasonable effort on the part of the defendant to correct same, each day the violation continues thereafter shall be a separate offense.
Codes, 1930, § 2480; 1942, § 3596; Laws, 1926, ch. 308; Laws, 1962, ch. 554, eff. 7/1/1962.
Amended by Laws, 2023, ch. 348, HB 894,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › REGIONAL PLANNING COMMISSION (§§ 17-1-29 — 17-1-35) › Section 17-1-29 - Regional planning commissions; membership

Any two or more counties and municipalities are hereby authorized and empowered to create and to establish a regional planning commission to be composed of representatives appointed thereto by each county board of supervisors and municipal legislative body desiring representation on such commission, and to appropriate monies from their respective public funds for the purposes of carrying out the provisions of Sections
17-1-31
through
17-1-35
, inclusive. The regional planning commission shall be composed of not to exceed three representatives from each participating county and not to exceed two representatives from each participating municipality; provided, however, the regional planning commission membership shall not exceed fifteen in number. Participating governmental units may designate to membership ex officio and without vote the chairman of the local planning commission and/or the city or county engineer. Counties or municipalities within the State of Mississippi may join with adjacent counties, parishes, and/or municipalities in adjoining states to form an interstate regional planning commission.
Codes, 1942, § 2890.5-01; Laws, 1964, ch. 501, § 1, eff. 5/22/1964.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › REGIONAL PLANNING COMMISSION (§§ 17-1-29 — 17-1-35) › Section 17-1-31 - Term of office of members; filling of vacancies; compensation

The term of office for the members appointed by the county board of supervisors shall be for a period of four years, and the term of office of the members appointed by the municipalities shall be for a term of three years. The method of filling vacancies shall be determined by the county board of supervisors and municipal legislative bodies, desiring representation on such commission. The members of such regional planning commission representing counties and municipalities shall receive no compensation for their services, but shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.
Codes, 1942, § 2890.5-02; Laws, 1964, ch. 501, § 2, eff. 5/22/1964.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › REGIONAL PLANNING COMMISSION (§§ 17-1-29 — 17-1-35) › Section 17-1-33 - Regional planning commission to advise local municipalities and counties in planning matters

The regional planning commission shall act in an advisory capacity to local municipalities and counties in interstate, regional, metropolitan, county and municipal planning matters involving the identification, discussion coordination and recommending solutions or a course of action in connection with problems including, but not limited to land use, water resources, mosquito control, highways, recreational areas, public schools, sewage and garbage disposal, public libraries, urban development, and other matters concerning the acquisition, planning, construction, development, financing, control, use, improvement and disposition of lands, buildings, structures, facilities, goods and services in the interest of public, or for public purposes involving the expenditures of public funds.
Codes, 1942, § 2890.5-03; Laws, 1964, ch. 501, § 3, eff. 5/22/1964.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › REGIONAL PLANNING COMMISSION (§§ 17-1-29 — 17-1-35) › Section 17-1-35 - Authority and powers of regional planning commissions

Any regional planning commission created hereunder shall be authorized and empowered as follows:
(a)
To adopt rules or procedure for the regulations of its affairs, set forth policies and procedures for the conduct of its business, and to appoint, from among its members, a chairman and vice chairman, to serve annually, provided that such chairman may be subject to reelection.
(b)
To adopt an official name, seal, and retain and keep minutes of its meeting in a firmly bound minute book, in which all actions taken by the commission about its business shall so be recorded.
(c)
To meet at regular times on one day each and every month of the year.
(d)
To acquire, hold, maintain, lease, assign and convey real property, personal and mixed, as may be necessary or desirable for the purpose of maintaining the operations of the commission.
(e)
To employ and to compensate such personnel, consultants and technical and professional assistance as shall be necessary to exercise the powers and perform the duties set forth in Sections
17-1-31
through
17-1-35
, inclusive.
(f)
To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under Sections
17-1-31
through
17-1-35
, inclusive. The chairman of said regional commission shall be the duly authorized individual to execute contracts on behalf of said commission, upon duly and properly entered resolution of said commission so authorizing him to enter and execute said contract.
(g)
To hold public hearings and sponsor public forums in any part of the regional area whenever the commission deems it necessary or useful in the execution of its functions.
(h)
To accept and receive, in the furtherance of its functions, funds, grants and service from the federal government, or its agencies; from departments, agencies and instrumentalities of state, municipal or local government; or from private or civic sources.
(i)
To receive and expend such sums of money as shall be from time to time appropriated for its use by any county, state or municipality, and to receive and expend federal funds.
(j)
To cooperate in the exercise of its planning functions with federal and state agencies.
(k)
To be a body corporate and as such, may sue and be sued, in any suit against the commission, service of process shall be had by service upon the chairman with such process.
Codes, 1942, § 2890.5-04; Laws, 1964, ch. 501, § 4; Laws, 2004, ch. 382, § 1, eff. 4/20/2004.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › FINANCING PROVISIONS (§ 17-1-37) › Section 17-1-37 - Financing provisions

(1)
The governing authorities of each municipality and county may set aside, appropriate and expend moneys from the general fund to finance the provisions of Sections
17-1-1
through
17-1-27
, inclusive.
(2)
The governing authorities of each municipality and county may set aside, appropriate and expend moneys from the general fund to finance the provisions of Sections
17-1-31
through
17-1-35
, inclusive.
Codes, 1942, § 2890.5, 2890.5-05; Laws, 1956, ch. 197, §§ 1-6; Laws, 1960, ch. 402; Laws, 1964, ch. 501, § 5; Laws, 1985, ch. 536, § 4; Laws, 1986, ch. 400, § 2, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 1 - ZONING, PLANNING AND SUBDIVISION REGULATION (§§ 17-1-1 — 17-1-75) › FACTORY MANUFACTURED MOVABLE HOMES (§ 17-1-39) › Section 17-1-39 - Zoning ordinances relating to factory manufactured movable homes authorized

(1)
For purposes of this section, the term "factory manufactured movable home" is defined as provided in Section
75-49-3
, Mississippi Code of 1972.
(2)
Any municipality or county of this state may adopt and enforce zoning or other land use regulations or ordinances relating to factory manufactured movable homes, including, but not limited to, regulations and ordinances which establish reasonable appearance and dimensional criteria for factory manufactured movable homes, provided that such regulations and ordinances do not have the effect of prohibiting factory manufactured movable homes which otherwise meet applicable building code requirements from being lawfully located in at least some part or portion of the municipality or county.
Laws, 1989, ch. 494, § 1, eff. 3/30/1989.