Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-23 - Aliens holding land

Resident aliens may acquire and hold land, and may dispose of it and transmit it by descent, as citizens of the state may. Except as otherwise provided in this section and Sections 3 and 4 of this act, nonresident aliens shall not hereafter acquire or hold land, but a nonresident alien may have or take a lien on land to secure a debt, and at any sale thereof to enforce payment of the debt may purchase the same, and thereafter hold it, not longer than twenty (20) years, with full power during said time to sell the land, in fee, to a citizen; or he or she may retain it by becoming a citizen within that time. All land held or acquired contrary to this section shall escheat to the state; but a title to real estate in the name of a citizen of the United States, or a person who has declared his or her intention of becoming a citizen, whether resident or nonresident, if he or she be a purchaser or holder, shall not be forfeited or escheated by reason of the alienage of any former owner or other person.
Any person who was or is a citizen of the United States and became or becomes an alien by reason of marriage to a citizen of a foreign country, may hereafter inherit, or if he or she heretofore inherited or acquired or hereafter inherits, may hold, own, transmit by descent or transfer land free from any escheat to the State of Mississippi, if said land has not heretofore escheated by final valid order or decree of a court of competent jurisdiction.
Nonresident aliens who are citizens of Syria or the Lebanese Republic may inherit property from citizens or residents of the State of Mississippi.
Except as provided in Sections 3 and 4 of this act, nonresident aliens may acquire and hold not to exceed three hundred twenty (320) acres of land in this state for the purpose of industrial development thereon. In addition, any nonresident alien may acquire and hold not to exceed five (5) acres of land for residential purposes. The nonresident alien may dispose of any such land, but if any land acquired for industrial development ceases to be used for industrial development while owned by a nonresident alien, it shall escheat to the state. The limitation set forth in this paragraph shall not apply to corporations in which the stock thereof is partially or wholly owned by nonresident aliens; and title to real estate acquired by, and held in the name of, any corporation, limited partnership, general partnership, limited liability partnership, limited liability company, joint venture, joint-stock company or business trust organized and existing under the laws of the State of Mississippi or of any other state or the federal laws of the United States of America for purposes of development thereon of one or more projects, as defined in Section
57-75-5(f)(xxxi)
, shall not be forfeited or escheated by reason of the alienage of any former owner or other person if said land has not heretofore escheated to the State of Mississippi by final valid order or decree of a court of competent jurisdiction. The limitation set forth in this section shall also not apply to any real estate acquired by, and held in the name of, any corporation, limited partnership, general partnership, limited liability partnership, limited liability company, joint venture, joint-stock company or business trust organized and existing under the laws of the State of Mississippi or of any other state or the federal laws of the United States of America for purposes of developing, owning and/or operating a project, as defined in Section
57-75-5(f)(xxxii)
.
Land that is classified as an industrial or residential zone, but is otherwise used as forest or agricultural land in the performance of forest or agricultural activities, shall serve as a prima facie case as to the purpose of the land being devoted to forestry and agriculture and shall make the land and the nonresident alien subject to the provisions of Sections 3 and 4 of this act.
Codes, 1892, § 2439; 1906, § 2768; Hemingway's 1917, § 2272; 1930, § 2121; 1942, § 842; Laws, 1924, ch. 165; Laws, 1938, ch. 354; Laws, 1940, ch. 237; Laws, 1988, ch. 439, § 2, eff. 4/25/1988.
Amended by Laws, 2024, ch. 329, SB 2519,§ 7, eff. 7/1/2024.
Amended by Laws, 2024EX1, ch. (number not assigned at time of publication), HB 1,§ 14, eff. 1/22/2024.
Amended by Laws, 2022EX1, ch. 1, HB 1,§ 14, eff. 11/17/2022.