Patent confirmation process; fees and costs associated with may not be more than amount for which the land was purchased.

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To: Judiciary A; Ways and
Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 426

AN ACT TO AMEND SECTIONS 29-1-33, 29-1-37 AND 29-1-95, 1
MISSISSIPPI CODE OF 1972, TO PROHIBIT THE FEES AND COSTS 2
ASSOCIATED WITH THE PATENT CONFIRMATION PROCESS FOR 3
STATE-FORFEITED TAX LANDS BEING MORE THAN THE AMOUNT FOR WHICH A 4
PERSON PURCHASED THE LAND; TO BRING FORWARD SECTIONS 11-17-1, 5
11-17-3, 11-17-5, 11-17-7, 11-17-9, 11-17-11, 11-17-13, 11-17-15, 6
11-17-17, 11-17-19, 11-17-21, 11-17-23, 11-17-25, 11-17-27, 7
11-17-29, 11-17-31, 11-17-33, 11-17-34, 11-17-35 AND 11-17-37, 8
MISSISSIPPI CODE OF 1972, WHICH RELATE TO LAWSUITS TO CONFIRM 9
TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE, FOR PURPOSES OF 10
POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 29-1-5, 29-1-35, 11
29-1-51, 29-1-57, 29-1-93, 29-1-97 AND 29-1-145, MISSISSIPPI CODE 12
OF 1972, WHICH RELATE TO THE STATE PURCHASE AND CONVEYANCE OF 13
LAND, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED 14
PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 29-1-33, Mississippi Code of 1972, is 17
amended as follows: 18
29-1-33. The * * * Secretary of State, with the approval of 19
the Governor, is * * * authorized to sell to any bona fide 20
purchaser any lands which may have been forfeited to the state for 21
the nonpayment of taxes after the time allowed by law for 22
redemption shall have expired, for such price as the * * * 23
Secretary of State, with the approval of the Governor, may 24
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fix; * * * however, * * * the minimum price for such forfeited tax 25
land shall be Two Dollars ($2.00) per acre, except as otherwise 26
provided herein. When the * * * Secretary of State has good 27
reason to believe, however, that any of * * * the lands are 28
actually worth more than Two Dollars ($2.00) per acre, he shall 29
cause a proper investigation to be made for the purpose of 30
ascertaining the actual value of such lands, and such lands shall 31
be sold for such price as the * * * Secretary of State, with the 32
approval of the Governor, may fix * * *; however, the sale price 33
shall not be less than Two Dollars ($2.00) per acre * * *. 34
The * * * Secretary of State may fix different prices for separate 35
tracts of land, but all such prices shall be subject to the 36
approval of the Governor. 37
In cases where it reasonably appears that the actual value of 38
any of * * * the lands is less than Two Dollars ($2.00) per acre, 39
such lands may be sold by the * * * Secretary of State, with the 40
approval of the Governor, at a price less than Two Dollars ($2.00) 41
per acre; * * * however, * * * in no such case shall such lands be 42
sold for less than the amount of the state, levee board (where the 43
land is situated in a levee district), and county taxes (not 44
including, however, the drainage district tax, if any) for 45
which * * * the lands were sold to the state, plus an amount equal 46
to all penalties, fees, damages, and costs accrued up to and 47
including the date of the sale of such lands to the state. 48
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In selling or contracting for the sale of state-forfeited tax 49
lands, it shall not be necessary that the * * * Secretary of State 50
include in the sale price of such lands any state, drainage 51
district, county, levee, or municipal taxes, or any special 52
assessment. 53
The fees and costs associated with the patent confirmation 54
process for state-forfeited tax lands, including the fees and 55
costs associated with the application to purchase the land, may 56
not be more than the amount for which a person purchased the land. 57
SECTION 2. Section 29-1-37, Mississippi Code of 1972, is 58
amended as follows: 59
29-1-37. (1) Except as otherwise provided in subsection (2) 60
of this section, any person desiring to purchase any 61
state-forfeited tax land shall make application in writing to the 62
Secretary of State for the purchase of the land, and shall state 63
in the application: 64
(a) A correct description of the land sought to be 65
purchased. 66
(b) The name of the former owner and the name of the 67
person to whom the land was assessed at the time of the tax sale, 68
and the post office address of the former owner and the post 69
office address of the person to whom the land was assessed at the 70
time of the sale, if known to the applicant. 71
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(c) Whether or not the land is occupied at the date of 72
the filing of such application, and the name of the person 73
occupying the land, if any. 74
(d) The nature and value of the improvements on the 75
land. 76
(e) The approximate quantity of the merchantable timber 77
on the land, if any. 78
(f) Any other special information as the Secretary of 79
State, with the approval of the Governor, may require. 80
Each application shall be signed by the applicant and shall 81
contain a declaration that the statements and information 82
submitted in the application are true and correct and are made 83
under penalty of perjury. The Secretary of State may require any 84
additional information with reference to the value of the lands, 85
the nature and condition of the buildings and improvements on the 86
lands, and the value of the timber on the lands as he may deem 87
necessary. The applications shall be filed by the Secretary of 88
State in the order in which they are received. Each application 89
shall be given a serial number and shall be entered on a record 90
book on the day it is received. The record book shall show the 91
name of the applicant, the serial number of the application, and 92
the county in which the property is situated. 93
(2) Except as otherwise provided in subsection (3) of this 94
section, the Secretary of State, with the approval of the 95
Governor, may dispose of any state-forfeited tax land by sealed 96
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bids after three (3) weeks' advertisement in a newspaper in the 97
county in which the land is located. 98
(3) The Secretary of State may sell state-forfeited tax land 99
by online auction. The Secretary of State may enter into an 100
agreement with an online provider to conduct any such sales by 101
online auction. The Secretary of State may establish procedures 102
and adopt administrative rules for the sale of state-forfeited tax 103
land by online auction. 104
(4) The fees and costs associated with the patent 105
confirmation process for state-forfeited tax lands, including the 106
fees and costs associated with the application to purchase the 107
land, may not be more than the amount for which a person purchased 108
the land. 109
SECTION 3. Section 29-1-95, Mississippi Code of 1972, is 110
amended as follows: 111
29-1-95. (1) All taxes due the county, municipality, public 112
school district, drainage district or levee board on lands sold to 113
the state for taxes and listed into the Secretary of State's 114
office shall remain in abeyance until the land * * * is sold, and 115
thereafter, such taxes shall be paid out of the purchase money; 116
but state, county, municipality, public school district, drainage 117
district or levee board taxes shall not accrue on such lands after 118
the fiscal year in which it was certified to the state. Upon the 119
payment of the purchase money of any tax land into the Treasury, 120
the Secretary of State shall certify to the Department of Finance 121
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and Administration and to the Treasurer the amount of fees and 122
costs allowed to the county tax collector and chancery clerk, as 123
in cases of the redemption of lands from tax sales, under the 124
provisions of Section 25-7-21; and the Department of Finance and 125
Administration shall issue warrants in favor of such county tax 126
collector and chancery clerk for the amount of such fees. The 127
Secretary of State shall also certify to the Department of Finance 128
and Administration and the Treasurer the amount of the county, 129
municipality, public school district, drainage district and levee 130
board taxes for which * * * the land was sold to the state, and 131
all taxes accruing on * * * that land until the year in which it 132
was certified to the state; and the Department of Finance and 133
Administration shall issue warrants in favor of the proper county, 134
municipality, public school district, drainage district, and levee 135
board for the * * * four (4) years' taxes. The balance of the 136
purchase money shall be deposited into a special fund to be known 137
as the "Land Records Maintenance Fund * * *" * * * created in the 138
State Treasury. The fund shall be administered by the Secretary 139
of State, upon appropriation by the Legislature * * *: to 140
reimburse municipalities and counties for maintenance of 141
unredeemed lands sold for taxes while those lands remain unsold; 142
to contract with vendors in accordance with state competitive 143
bidding procedures to maintain lands sold for taxes that have been 144
certified to the state; and to maintain unredeemed lands sold for 145
taxes while those lands remain unsold. Any amount on hand in the 146
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Land Records Maintenance Fund at the end of the fiscal year that 147
is not necessary to pay obligations to local governmental units 148
set out in this subsection, after June 30 of each year, shall not 149
lapse into the General Fund, but shall remain in the Land Records 150
Maintenance Fund to be used for maintenance of unredeemed lands as 151
prescribed under this subsection. 152
(2) If, after the payment of the fees and costs allowed to 153
the county tax collector and the chancery clerk, * * * the balance 154
of the purchase money of any tax land paid into the Treasury shall 155
be insufficient to cover the amount of the state, county, 156
municipality, public school district, drainage district or levee 157
board taxes due * * * on those lands, or if the records of the 158
Secretary of State fail to show the amount of state, county, 159
municipality, public school district, drainage district or levee 160
board taxes accruing for the years until * * * the land was 161
certified to the state, on lands sold by the Secretary of State, 162
he shall apportion the balance of the purchase money derived from 163
the sale of such lands between the state, county, municipality, 164
public school district, drainage district and levee board upon the 165
basis of the amount of taxes due the state, county, municipality, 166
public school district, drainage district and levee board, 167
respectively, at the time * * * the land was struck off to the 168
state for delinquent taxes by the sheriff and tax collector, and 169
for which * * * those lands were struck off to the state. 170
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(3) All funds derived from the sale of properties under the 171
provisions of Sections 7-11-15, 29-1-27, 29-1-29, 29-1-35, 172
29-1-37, 29-1-53 through 29-1-57, 29-1-73 and 29-1-81 through 173
29-1-87 shall be handled in the manner provided * * * in this 174
section for funds derived from the sale of lands. 175
(4) From and after July 1, 2016, the expenses of this agency 176
shall be defrayed by appropriation from the State General Fund and 177
all user charges and fees, except the Land Records Maintenance 178
Fund, authorized under this section shall be deposited into the 179
State General Fund as authorized by law. The requirements of this 180
subsection (4) shall not apply to disbursements by the Secretary 181
of State from the Land Records Maintenance Fund, and to any funds 182
which by law are to be collected and deposited to the Land Records 183
Maintenance Fund. 184
(5) From and after July 1, 2016, no state agency shall 185
charge another state agency a fee, assessment, rent or other 186
charge for services or resources received by authority of this 187
section. This prohibition shall not apply to payments made from 188
the Land Records Maintenance Fund provided for in subsection (1) 189
of this section. 190
(6) Notwithstanding any other provision of law to the 191
contrary, the fees and costs associated with the patent 192
confirmation process for state-forfeited tax lands, including the 193
fees and costs associated with the application to purchase the 194
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land, may not be more than the amount for which a person purchased 195
the land. 196
SECTION 4. Section 11-17-1, Mississippi Code of 1972, is 197
brought forward as follows: 198
11-17-1. Any person holding or claiming under a tax title 199
lands heretofore or hereafter sold for taxes, when the period of 200
redemption has expired, may proceed by sworn complaint in the 201
chancery court to have such title confirmed and quieted, and shall 202
set forth in his complaint his claim under the tax sale, and the 203
names and places of residence of all persons interested in the 204
land, so far as known to plaintiff, or as he can ascertain by 205
diligent inquiry. Where the names of persons in interest or their 206
places of residence are unknown and have not been ascertained by 207
diligent inquiry, the complaint shall so state. Where the name 208
and places of residence of persons in interest are given they 209
shall be made parties defendant. Where the complaint shall show 210
that the persons interested are unknown to plaintiff and that he 211
has made diligent inquiry for their names and could not obtain 212
them, all persons interested may be made defendants by a notice 213
addressed: "To all persons having or claiming any interest in the 214
following described land, sold for taxes on (inserting date of 215
sale), viz: (Describing land as described in the tax collector's 216
conveyance)." The notice shall state the nature of the suit and 217
it shall be published in accordance with the requirements of the 218
Mississippi Rules of Civil Procedure. It shall be lawful in all 219
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cases to set forth in the complaint the names of all persons 220
interested, as far as ascertained, and make them parties and also 221
to join and make defendants "all persons having or claiming any 222
legal or equitable interest in" the lands described in the 223
complaint. Such suits shall be proceeded with as other cases; and 224
if the complaints be taken for confessed, or if it appear that 225
plaintiff is entitled to a judgment, it shall be rendered, 226
confirming the tax title against all persons claiming to hold the 227
land by title existing at the time of the sale for taxes. Such 228
judgment shall vest in the plaintiff, without any conveyance by a 229
master or commissioner, a good and sufficient title to said land; 230
and such judgment shall, in all courts of this state, be held as 231
conclusive evidence that the title to said land was vested in the 232
plaintiff, as against all persons claiming the same under the 233
title existing prior to the sale for taxes. 234
SECTION 5. Section 11-17-3, Mississippi Code of 1972, is 235
brought forward as follows: 236
11-17-3. Any patentee, or any person, firm or corporation, 237
claiming title or other interest in land under or through any 238
patentee by virtue of any patent issued by the state for lands 239
forfeited to the state for nonpayment of taxes, whether such 240
claimant be in possession or not, or be threatened to be disturbed 241
in his possession or not, may proceed as party plaintiff against 242
the state, as a party defendant, by sworn complaint in the 243
chancery court of the county where the land, or some part thereof, 244
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is situated, to have such title or interest confirmed and quieted. 245
No deraignment of plaintiff's title in such cases shall be 246
required. 247
SECTION 6. Section 11-17-5, Mississippi Code of 1972, is 248
brought forward as follows: 249
11-17-5. The Attorney General, in proper cases after 250
investigation, shall file an answer in all such cases setting up 251
any defense on the part of the State of Mississippi, and all of 252
the pleadings in such cases shall be the same as in other cases in 253
chancery. The said cause shall be heard and determined as other 254
cases in chancery. 255
SECTION 7. Section 11-17-7, Mississippi Code of 1972, is 256
brought forward as follows: 257
11-17-7. The court is hereby granted large discretion and 258
far reaching powers in the matter of establishing and fixing the 259
validity of land patents issued by the state and title conveyed 260
thereunder, and the sound discretion of the court in deciding all 261
such cases shall be the controlling factor in settling the issues 262
where only state interests are involved. No decree pro confesso 263
shall be taken against the state, but on failure of the Attorney 264
General to answer within the time required by law, the cause shall 265
be heard on the bill and proof thereon. 266
SECTION 8. Section 11-17-9, Mississippi Code of 1972, is 267
brought forward as follows: 268
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11-17-9. Upon the hearing of such cases, it shall be the 269
duty of the chancery court to enter a decree validating and 270
perfecting the title of said land from the State of Mississippi, 271
unless it shall appear to the court and the court shall find as a 272
fact that the state has not acquired title to said land by virtue 273
of said tax sale, or that the title to the said land involved in 274
the suit was divested out of the State of Mississippi without 275
payment of purchase price or by reason of actual fraud on the part 276
of the patentee, or his representatives. In such cases of fraud 277
and failure to pay purchase price, the chancery court shall enter 278
a decree forever annulling and cancelling the said patent; but no 279
patent heretofore issued shall be cancelled in such proceeding 280
because of loss of the application papers to purchase said land, 281
or because of errors or omissions or incorrect statements in said 282
application, or other papers in connection with the sale of said 283
land, such matters not constituting fraud as above defined. 284
SECTION 9. Section 11-17-11, Mississippi Code of 1972, is 285
brought forward as follows: 286
11-17-11. Any of the parties to the suit may appeal as in 287
other proceedings in chancery, provided any interlocutory appeal 288
is taken within ten days after the rendition of the decree from 289
which the appeal is desired, and provided that any final appeal is 290
taken within sixty days from the date of the rendition of the 291
final decree. 292
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SECTION 10. Section 11-17-13, Mississippi Code of 1972, is 293
brought forward as follows: 294
11-17-13. Any land patent and title perfected by a decree in 295
a suit under Sections 11-17-3 through 11-17-17 shall forever estop 296
and preclude the state and other parties from thereafter 297
questioning the validity of the patent involved in such 298
proceeding. 299
SECTION 11. Section 11-17-15, Mississippi Code of 1972, is 300
brought forward as follows: 301
11-17-15. It is hereby made the duty of the district 302
attorneys and county attorneys in their respective jurisdictions 303
to fully cooperate with the Attorney General in the investigation 304
and trial of all cases filed under Sections 11-17-3 through 305
11-17-17; and, at the request of the Attorney General, such 306
officers shall investigate the facts involved and file such 307
answers and perform such other reasonable services in connection 308
therewith as the Attorney General may request. 309
SECTION 12. Section 11-17-17, Mississippi Code of 1972, is 310
brought forward as follows: 311
11-17-17. Sections 11-17-3 through 11-17-17 shall be 312
liberally construed to validate and quiet title to lands 313
heretofore passing under patent from the state and shall in no way 314
be construed as repealing or limiting any other statutes now 315
existing in aid of such titles under patents from the state. 316
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SECTION 13. Section 11-17-19, Mississippi Code of 1972, is 317
brought forward as follows: 318
11-17-19. Any person, firm or corporation which claims title 319
to or a leasehold or other interest in any real property, other 320
than sixteenth section school lands or lands granted in lieu 321
thereof, under or by virtue of a sale, conveyance or lease of such 322
property by any county, municipality, supervisor's district, or 323
other political subdivision of the State of Mississippi, acting 324
either separately or jointly, may proceed by sworn complaint in 325
the chancery court of the county in which such real property, or 326
some part thereof, is located, to have the title to or leasehold 327
or other interest in such real property quieted and confirmed. 328
Such action may be brought whether or not such person, firm or 329
corporation be in possession of such real property, or whether he 330
or it be threatened to be disturbed in such possession or not. In 331
such complaint, the person, firm or corporation claiming such 332
title or leasehold or other interest shall be the party plaintiff 333
and there shall be made defendants thereto the county, 334
municipality or other political subdivision which sold, conveyed 335
or leased said property, the Attorney General of the state and the 336
district attorney of the county in which said suit is filed. In 337
any such suit, it shall not be necessary that the plaintiff 338
therein deraign his title to said property. 339
SECTION 14. Section 11-17-21, Mississippi Code of 1972, is 340
brought forward as follows: 341
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11-17-21. All proceedings in said suit shall be governed by 342
the Mississippi Rules of Civil Procedure. However, no default 343
judgment shall be entered against the defendants unless the court 344
determines the truth of the averments after a hearing pursuant to 345
the Mississippi Rules of Civil Procedure. 346
SECTION 15. Section 11-17-23, Mississippi Code of 1972, is 347
brought forward as follows: 348
11-17-23. In all such proceedings the court shall find 349
whether the sale, conveyance or lease of such real property was 350
lawful and valid. Upon the hearing of such case, the chancery 351
court shall enter a decree validating and confirming the 352
complainant's title to or leasehold or other interest in such real 353
property as against the defendants in said suit, unless it shall 354
appear to the court and the court shall find that the title 355
thereto or leasehold or other interest therein was not lawfully 356
and validly acquired by virtue of the sale, conveyance or lease 357
under which such complainant claims, in which latter case the 358
chancery court shall enter a decree annulling and cancelling such 359
sale, conveyance or lease, or such other decree as the court may 360
find to be lawful, just and equitable in such case. When any 361
sale, conveyance or lease of any such property shall be confirmed 362
and validated under the provisions of Sections 11-17-19 through 363
11-17-27 by decree of the chancery court, such decree shall 364
forever estop and preclude the defendants and all other parties 365
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from thereafter questioning the validity of the sale, conveyance 366
or lease involved in such proceedings. 367
SECTION 16. Section 11-17-25, Mississippi Code of 1972, is 368
brought forward as follows: 369
11-17-25. Any of the parties to a confirmation suit filed 370
under the provisions of Sections 11-17-19 through 11-17-27 may 371
appeal from the decree of the chancery court in the manner and 372
within the time provided by law, and such appeals shall be heard 373
as are other cases of appeals from the decrees of the chancery 374
court. 375
SECTION 17. Section 11-17-27, Mississippi Code of 1972, is 376
brought forward as follows: 377
11-17-27. Sections 11-17-19 through 11-17-27 shall be 378
applicable to all sales, conveyances and leases of real property, 379
other than sixteenth section school lands or lands granted in lieu 380
thereof, made by any county, municipality, supervisor's district 381
or other political subdivision of the State of Mississippi, acting 382
either jointly or separately, to any person, firm or corporation, 383
including, but not being limited to, sales, conveyances and leases 384
made under the authority of Sections 57-1-1 through 57-1-51, any 385
other statute of the State of Mississippi, whether same be 386
general, special or local and private, and sales, conveyances and 387
leases made under the general authority of counties, 388
municipalities, and other political subdivisions, whether same 389
were authorized by a specific statute or not. 390
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SECTION 18. Section 11-17-29, Mississippi Code of 1972, is 391
brought forward as follows: 392
11-17-29. The owner in possession of any land, or the owner 393
thereof who may be out of possession, if there be no adverse 394
occupancy thereof, may file a bill in the chancery court to have 395
his title confirmed and quieted. The law for notice, process, 396
proceedings, and practice, as provided for confirming and quieting 397
tax titles shall apply, no matter by what tenure the complainant 398
may hold. Unknown and nonresident parties may be made defendants 399
as they are made defendants to proceedings to confirm tax titles. 400
If on the final hearing of any such suit, the court shall be 401
satisfied that the complainant is the real owner of the land, it 402
shall so adjudge, and its decree shall be conclusive evidence of 403
title as determined from the date of the decree as against all 404
parties defendant. 405
SECTION 19. Section 11-17-31, Mississippi Code of 1972, is 406
brought forward as follows: 407
11-17-31. When a person not the rightful owner of any real 408
estate, shall have any conveyance or other evidence of title 409
thereto, or shall assert any claim, or pretend to have any right 410
of title thereto, which may cast doubt, or suspicion on the title 411
of the real owner, such real owner may file a bill in the chancery 412
court to have such conveyance or other evidence or claim of title 413
cancelled, and such cloud, doubt or suspicion removed from said 414
title, whether such real owner be in possession or not, or be 415
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threatened to be disturbed in his possession or not, and whether 416
the defendant be a resident of this state or not. Any person 417
having the equitable title to land may, in like cases, file a bill 418
to divest the legal title out of the person in whom the same may 419
be vested, and to vest the same in the equitable owner. Any 420
person holding or claiming under a tax title lands heretofore or 421
hereafter sold for taxes may proceed hereunder in like manner and 422
may include, as a defendant, any political subdivision of the 423
state, having or asserting any evidence or claim of title adverse 424
to such tax title. 425
SECTION 20. Section 11-17-33, Mississippi Code of 1972, is 426
brought forward as follows: 427
11-17-33. (1) To encourage the exploration and development 428
of the state's mineral resources, upon application, accompanied by 429
sworn affidavit, of one or more persons, firms or corporations 430
claiming or owning any mineral interest in a tract of land and 431
upon which mineral production is desired, the chancery court of 432
the county in which the land, or any part thereof, is located 433
shall have the authority to appoint the chancery clerk as receiver 434
of any mineral interest claimed or owned by any person, or 435
persons, whose whereabouts or identity is unknown, if the court is 436
satisfied after hearing and proof that the said person, or 437
persons, could not be found after diligent search and inquiry and 438
that petitioners will suffer loss, damage or injury unless such 439
receiver is appointed. 440
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(2) Such receiver shall have power and authority, under 441
court order, to execute and deliver to a lessee, determined by the 442
court, a mineral lease on any such outstanding mineral interest, 443
upon such terms and conditions as may be prescribed by the court; 444
provided, however, that the court affirmatively find that the 445
lease taken as a whole shall be at least as favorable to the 446
absent person as other leases in the same tract of land and shall 447
be in the best interest of all parties. It shall be conclusively 448
presumed in every court in this state that the terms and 449
conditions of said lease are reasonable, fair and represent the 450
fair market value of the interests leased. The moneys, if any, 451
paid to such receiver for execution, delay rentals, royalties or 452
any other proceeds of such lease shall be paid immediately upon 453
accrual to the receiver and shall be impounded by said receiver 454
for the use and benefit of such person. The receiver shall hold, 455
preserve and invest any such money so received in the same manner 456
as other moneys held by the chancery clerk and on order of the 457
court shall pay any money so held, with any interest accrued less 458
costs of the receivership, to any person holding a valid claim 459
thereto when said claim is asserted within ten (10) years of the 460
date of the decree establishing the receivership. The official 461
bond of the chancery clerk shall cover any money paid him as such 462
receiver and the chancellor may prescribe such additional bond as 463
he may think proper. 464
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(3) No receiver shall be appointed under the provisions of 465
this section unless all interested parties who are not parties to 466
the petition shall be made defendants and all such defendants 467
shall have been served with process of the court provided by law 468
for cases in chancery court. The summons by publication shall be 469
substantially in the following form: 470
"THE STATE OF MISSISSIPPI 471
____ (inserting names of defendants) 472
You are summoned to appear before the Chancery Court of the County 473
of ____ in said state, on the ____ Monday of ____ , A.D. ____ , 474
to defend the suit of ____ (et al.) praying the appointment of a 475
receiver of an undivided mineral interest claimed to be owned by 476
you in and under ____ (here describe the land) wherein you are a 477
defendant. This the ____ day of ____ , A.D. 478
________________ 479
Clerk" 480
(4) The costs of the action for appointment of the receiver 481
shall be taxed against the petitioners if they fail to prove their 482
case. 483
(5) The receivership, once established, shall continue, 484
unless dissolved by the court for good cause, for a period of at 485
least ten (10) years. 486
(6) This section shall not alter or change any laws now in 487
effect relating to suits for the removal of clouds upon title or 488
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the appointment of receivers under any other law, but is 489
cumulative thereof. 490
(7) The term "tract of land" as used herein shall not be 491
limited to property wherein petitioner owns an undivided interest; 492
but may include any geographic boundary upon which mineral 493
exploration and/or production may be conducted even though the 494
tract may include property in which petitioner has no property 495
interest or any other geographic boundary the court, in its 496
discretion, may deem appropriate. 497
SECTION 21. Section 11-17-34, Mississippi Code of 1972, is 498
brought forward as follows: 499
11-17-34. Unless otherwise released by the court, the 500
receiver appointed in Section 11-17-33 shall hold all net proceeds 501
paid in connection with such lease for a period of ten (10) years 502
from the date of the decree establishing the receivership. If, at 503
the end of that period of ten (10) years, no valid claim has been 504
made for such moneys and said mineral interests, all moneys and 505
mineral interests held by the receiver shall immediately escheat 506
to the state in the same manner as if the absent person had died 507
intestate leaving no heirs capable of inheriting as set forth in 508
Chapter 11, Title 89, Mississippi Code of 1972. Provided, 509
however, any person who is not concluded as a party or privy by a 510
decree in favor of the state in proceedings to establish an 511
escheat, may recover of the state, by suit, the net proceeds 512
derived from any lease and from the sale of such minerals and paid 513
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into the State Treasury, if the party shall establish his right to 514
such minerals and that the same had not properly escheated to the 515
state; but the title of the purchaser of such minerals shall not 516
be thereby disturbed. 517
SECTION 22. Section 11-17-35, Mississippi Code of 1972, is 518
brought forward as follows: 519
11-17-35. In bills to confirm title to real estate, and to 520
cancel and remove clouds therefrom, the complainant must set forth 521
in plain and concise language the deraignment of his title. If 522
title has passed out of the sovereign more than seventy-five (75) 523
years prior to the filing of the bill, then the deraignment shall 524
be sufficient if it show title out of the sovereign and a 525
deraignment of title for not less than sixty (60) years prior to 526
the filing of the bill. A mere statement therein that complainant 527
is the real owner of the land shall be insufficient, unless good 528
and valid reason be given why he does not deraign his title. In 529
all such cases, final decrees in the complainant's favor shall be 530
recorded in the record of deeds, and shall be indexed as if a 531
conveyance of the land from the defendant or each of them, if more 532
than one, to the complainant or complainants, if more than one. 533
SECTION 23. Section 11-17-37, Mississippi Code of 1972, is 534
brought forward as follows: 535
11-17-37. In suits to try title, to cancel deeds and other 536
clouds upon title, and to confirm title to real estate, the 537
chancery court shall have jurisdiction to decree possession and to 538
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displace possession, to decree rents and compensation for 539
improvements and taxes. In all cases where said courts heretofore 540
exercised jurisdiction auxiliary to courts of common law, it may 541
exercise such jurisdiction to grant the relief sought, although 542
the legal remedy may not have been exhausted or the legal title 543
established by a suit at law. 544
SECTION 24. Section 29-1-5, Mississippi Code of 1972, is 545
brought forward as follows: 546
29-1-5. Whenever the State Land Commissioner shall need 547
information as to the value of any lands belonging to or claimed 548
by the state, whether the title thereto shall have been acquired 549
by tax sale or otherwise, it shall be the duty of the county tax 550
collector and the county assessor, in response to written inquiry 551
by the State Land Commissioner, to make written certificate as to 552
the value of such land and the improvements thereon, if any, to 553
the best of their knowledge and belief. 554
Any assessor or tax collector failing to prepare and mail 555
said certificates shall be guilty of a misdemeanor and on 556
conviction shall be fined in any sum not exceeding One Hundred 557
Dollars ($100.00) or be imprisoned in the county jail not 558
exceeding ten (10) days, or be punished by both such fine and 559
imprisonment. 560
SECTION 25. Section 29-1-35, Mississippi Code of 1972, is 561
brought forward as follows: 562
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29-1-35. Where buildings and improvements situated on 563
tax-forfeited lands have been removed or destroyed by fire, 564
windstorm, or flood, the Secretary of State may, in his 565
discretion, sell the tax-forfeited lands for any amount he may 566
deem reasonable, irrespective of the amount of taxes for which the 567
property was sold to the state. The Secretary of State, in 568
determining the sales price for the land, may take into account 569
the cost of cleanup and removal of debris from destroyed buildings 570
and improvements situated thereon, or may contract with the 571
purchaser for cleanup and removal of debris from destroyed 572
buildings as part of the consideration for sale of the land. 573
SECTION 26. Section 29-1-51, Mississippi Code of 1972, is 574
brought forward as follows: 575
29-1-51. The Secretary of State, with the approval of the 576
Governor, is hereby authorized to sell state forfeited tax lands 577
situated within the corporate limits of a municipality to the 578
governing authorities of such municipality in the manner provided 579
by law. If a municipality makes an application to purchase those 580
lands, the municipality shall have priority over all other 581
applicants except the original owner, his heirs or assigns. 582
As an alternative method to disposing of tax lands situated 583
within a municipality, the Secretary of State, with the approval 584
of the Governor, may transfer those lands to the municipality, 585
which then may retain or dispose of the lands as provided by law. 586
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SECTION 27. Section 29-1-57, Mississippi Code of 1972, is 587
brought forward as follows: 588
29-1-57. Where tax-forfeited lands have situated thereon 589
buildings or personal property which are deteriorating, the 590
Secretary of State may sell and dispose of the buildings, personal 591
property and land for any consideration he may deem reasonable, 592
irrespective of the amount of taxes for which same was sold. 593
Where the buildings or personal property have deteriorated to the 594
condition they are unsafe or constitute a nuisance, the Secretary 595
of State, in determining the sales price for the land, may take 596
into account the cost of cleanup and removal of the buildings and 597
personal property situated thereon, or may contract with the 598
purchaser for cleanup and removal of the buildings and personal 599
property as part of the consideration for sale of the land. 600
SECTION 28. Section 29-1-93, Mississippi Code of 1972, is 601
brought forward as follows: 602
29-1-93. The fees of all county officers allowed by law in 603
connection with land sold to the state for taxes shall be paid by 604
the state when such land shall be sold by the state. Upon such 605
sale the land commissioner shall carefully calculate said fees and 606
shall certify the same to the auditor who, if he finds the same 607
correct, shall issue his warrants therefor to the proper persons; 608
provided, that said fees shall lapse as to any land not sold 609
within ten (10) years after the period of redemption has expired. 610
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SECTION 29. Section 29-1-97, Mississippi Code of 1972, is 611
brought forward as follows: 612
29-1-97. When any land is situated in a drainage district 613
and is subject to any special drainage district assessment which 614
is secured by a lien on said land, such lien shall not be abated 615
or cancelled on account of the sale of such land to the state for 616
delinquent taxes, but such lien shall be held in abeyance during 617
the period the property is owned by the state and, immediately 618
upon the title to the land passing from the state by virtue of a 619
sale, such lien shall again become effective. And, likewise, when 620
any land is situated in a municipality and is subject to any 621
special municipal benefit assessment which is secured by a lien on 622
the land, such lien shall not be abated or cancelled on account of 623
the sale of such land to the state for delinquent taxes, but such 624
lien shall be held in abeyance during the period such property is 625
owned by the state and, immediately upon the title to the state 626
passing from the state by virtue of a sale, such lien shall again 627
become effective. 628
SECTION 30. Section 29-1-145, Mississippi Code of 1972, is 629
brought forward as follows: 630
29-1-145. (1) The chancery clerk or municipal clerk shall 631
report to the Secretary of State any reasonable costs incurred by 632
the county or municipality in maintaining unredeemed lands sold 633
for taxes while those lands remain unsold. The Secretary of State 634
shall pay the maintenance costs out of the money deposited into 635
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ST: Patent confirmation process; fees and costs
associated with may not be more than amount for
which the land was purchased.
the Land Records Maintenance Fund. The Secretary of State shall 636
certify to the Department of Finance and Administration and to the 637
State Treasurer the amount of maintenance costs allowed to the 638
county and municipality, and the Department of Finance and 639
Administration shall issue a warrant in favor of the county or 640
municipality for the amount of those costs. In no event shall the 641
maintenance costs allowed the county or municipality exceed the 642
market value of the lands or the purchase money received from the 643
sale of those lands, unless the potential damage to the property 644
or any adjacent property requires the costs to exceed the market 645
value of the lands or the purchase money received from the sale of 646
those lands. 647
(2) The Secretary of State is authorized to use, upon 648
appropriation by the Legislature, any monies deposited into the 649
Land Records Maintenance Fund to contract with a vendor in 650
accordance with state competitive bidding process to maintain 651
unredeemed lands sold for taxes while those lands remain unsold 652
and lands sold for taxes that have been certified to the state. 653
For purposes of this section, the term "maintain" means cutting 654
grass, trees and/or limbs, or repairing, clearing or demolishing 655
structures and/or cleaning rubbish and debris. 656
SECTION 31. This act shall take effect and be in force from 657
and after July 1, 2026. 658