Cleaning private property; revise procedures used to clean property adjudicated a menace to public health and safety.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Remak

HOUSE BILL NO. 498

AN ACT TO AMEND SECTION 19-5-105, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY TO REMOVE 2
PERSONAL PROPERTY FROM PROPERTY THAT HAS BEEN ADJUDICATED A MENACE 3
BY SUCH BOARD AFTER CERTAIN NOTICE IS GIVEN; TO REQUIRE THE COUNTY 4
TO MAKE CERTAIN PUBLIC POSTINGS THAT THE PERSONAL PROPERTY HAS 5
BEEN RECEIVED BY THE COUNTY; TO PROVIDE A MECHANISM FOR THE OWNER 6
OF THE PERSONAL PROPERTY TO RECOVER SUCH PERSONAL PROPERTY; TO 7
PROVIDE THAT IF THE PERSONAL PROPERTY IS NOT CLAIMED BY A CERTAIN 8
TIME FRAME THEN THE COUNTY MAY SELL THE PROPERTY AT PUBLIC 9
AUCTION; UPON THE SALE OF THE PROPERTY, THE PROCEEDS OF THE SALE 10
SHALL BE DEPOSITED INTO THE COUNTY TREASURY TO BE UTILIZED FOR 11
CERTAIN PURPOSES; TO PROVIDE THAT IF SUCH PROPERTY IS NOT SOLD, 12
THEN THE COUNTY MAY DEEM IT SURPLUS PROPERTY AND IT MAY BE 13
DISPOSED OF AS PRESCRIBED BY LAW; TO AMEND SECTION 17-25-25, 14
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND 15
FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 19-5-105, Mississippi Code of 1972, is 18
amended as follows: 19
19-5-105. (1) To determine whether property or a parcel of 20
land located within a county is in such a state of uncleanliness 21
as to be a menace to the public health, safety and welfare of the 22
community, the board of supervisors of any county is authorized 23
and empowered to conduct a hearing on its own motion, or upon the 24
receipt of a petition requesting the board of supervisors to act 25
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signed by a majority of the residents eighteen (18) years of age 26
or older, residing upon any street or alley, within reasonable 27
proximity of any property alleged to be in need of cleaning, or 28
within seven hundred fifty (750) feet of the precise location of 29
the alleged menace situated on any parcel of land which is located 30
in a populated area or in a housing subdivision and alleged to be 31
in need of cleaning. 32
Notice shall be provided to the property owner by: 33
(a) United States mail two (2) weeks before the date of 34
the hearing mailed to the address of the subject property and to 35
the address where the ad valorem tax notice for such property is 36
sent by the office charged with collecting ad valorem tax; and 37
(b) Posting notice for at least two (2) weeks before 38
the date of a hearing on the property or parcel of land alleged to 39
be in need of cleaning and at the county courthouse or another 40
place in the county where such notices are posted. 41
The notice required by this subsection (1) shall include 42
language that informs the property owner that an adjudication at 43
the hearing that the property or parcel of land is in need of 44
cleaning will authorize the board of supervisors to reenter the 45
property or parcel of land for a period of one (1) year after the 46
hearing without any further hearing, if notice is posted on the 47
property or parcel of land and at the county courthouse or another 48
place in the county where such notices are generally posted at 49
least seven (7) days before the property or parcel of land is 50
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reentered for cleaning. A copy of the required notice mailed and 51
posted as required by this subsection (1) shall be recorded in the 52
minutes of the board of supervisors in conjunction with the 53
hearing required by this subsection. 54
If at such hearing the board of supervisors shall in its 55
resolution adjudicate such parcel of land in its then condition to 56
be a menace to the public health and safety of the community, the 57
board of supervisors may, if the owner not do so himself, proceed 58
to have the land cleaned by cutting weeds, filling cisterns, and 59
removing rubbish, dilapidated fences, outside toilets, dilapidated 60
buildings and other debris, and draining cesspools and standing 61
water. Thereafter, the board of supervisors may at its next 62
regular meeting by resolution adjudicate the actual cost of 63
cleaning the land and may also impose a penalty not to exceed One 64
Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) 65
of the actual cost, whichever is more. The cost and any penalty 66
shall become an assessment against the property. The "cost 67
assessed against the property" means either the cost to the county 68
of using its own employees to do the work or the cost to the 69
county of any contract executed by the county to have the work 70
done, and administrative costs and legal costs of the county. 71
A county may reenter the property or parcel of land to 72
maintain cleanliness without further notice of hearing no more 73
than six (6) times in any twelve-month period with respect to 74
removing dilapidated buildings, dilapidated fences and outside 75
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toilets, and no more than twelve (12) times in any 76
twenty-four-month period with respect to cutting grass and weeds 77
and removing rubbish, personal property and other debris on the 78
land. The expense of cleaning the property shall not exceed an 79
aggregate amount of Twenty Thousand Dollars ($20,000.00) per year, 80
or the fair market value of the property subsequent to cleaning, 81
whichever is less. The board of supervisors may assess the same 82
penalty each time the property or land is cleaned as otherwise 83
provided in this subsection (1). 84
The penalty provided in this subsection (1) shall not be 85
assessed against the State of Mississippi upon request for 86
reimbursement under Section 29-1-145, nor shall a county clean a 87
parcel owned by the State of Mississippi without first giving 88
notice. 89
The assessment authorized by this subsection (1) shall be a 90
lien against the property and may be enrolled in the office of the 91
circuit clerk of the county as other judgments are enrolled, and 92
the tax collector of the county shall, upon order of the board of 93
supervisors, proceed to sell the land to satisfy the lien as now 94
provided by law for the sale of lands for delinquent taxes. 95
Furthermore, the property owner whose land has been sold pursuant 96
to this subsection (1) shall have the same right of redemption as 97
now provided by law for the sale of lands for delinquent taxes. 98
All decisions rendered under the provisions of this subsection may 99
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be appealed in the same manner as other appeals from county 100
boards. 101
(2) (a) If private property or a parcel of land located 102
within a county is a perpetual care cemetery subject to Section 103
41-43-1 et seq., the board of supervisors of the county may 104
proceed pursuant to the same provisions of subsection (1) of this 105
section used to determine whether a property is a public health 106
menace to instead determine if the perpetual care cemetery and all 107
structures on the cemetery are not being properly maintained and 108
have become detrimental to the public health and welfare. A 109
perpetual care cemetery that is "not being properly maintained and 110
has become detrimental to the public health and welfare" means a 111
perpetual care cemetery that shows signs of neglect, including, 112
without limitation, the unchecked growth of vegetation, repeated 113
and unchecked acts of vandalism, unusable entrances and exits, 114
excess rubbish or debris, or the disintegration of grave markers 115
or boundaries. Upon notice and opportunity to be heard as 116
provided in subsection (1) of this section, the board of 117
supervisors of the county may adjudicate the property or parcel of 118
land in its then condition to be not properly maintained and 119
detrimental to the public health and welfare, and if the owner 120
does not do so itself, may proceed to clean the property or parcel 121
of land as provided in subsection (1) of this section. When 122
cleaning the property or parcel of land of a perpetual care 123
cemetery pursuant to this subsection (2), the penalty or penalties 124
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provided in subsection (1) of this section shall not be assessed 125
against owners of the perpetual care cemeteries. 126
(b) The board of supervisors of a county that cleans 127
property or parcel of land of a perpetual care cemetery pursuant 128
to this subsection (2) may make application to the Secretary of 129
State for an order directing the trustee of the perpetual care 130
cemetery trust fund to release accrued interest or principal of 131
the trust fund sufficient to reimburse the county for only the 132
actual cleanup costs incurred by the county. The application to 133
the Secretary of State shall include a statement by the county 134
that all of the requirements of this section have been met. 135
(c) If the Secretary of State is satisfied that the 136
notice and hearing requirements of this section have been met, and 137
that the application for an order directing the trustee to release 138
accrued interest of the perpetual care cemetery trust fund does 139
not threaten the ability of the trust fund to provide for the care 140
and maintenance of the cemetery, the Secretary of State may order 141
the trustee to release up to the total amount of accrued interest 142
of the trust fund in an amount sufficient to reimburse the county 143
for the actual costs of cleanup performed by the county. 144
(d) If the Secretary of State is satisfied that the 145
notice and hearing requirements of this section have been met, but 146
makes a determination that the accrued interest of the perpetual 147
care cemetery trust fund is insufficient to reimburse the county 148
for the actual costs of cleanup performed by the county, or that 149
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an order to release accrued interest would threaten the ability of 150
the trust fund to provide for the care and maintenance of the 151
cemetery, the Secretary of State may consider an order directing 152
the trustee to reimburse the county from the principal of the 153
trust fund. If the Secretary of State determines that an order to 154
the trustee to release principal from the trust fund will not 155
threaten the solvency of the trust fund, the Secretary of State 156
may order the trustee to release principal of the trust fund in an 157
amount sufficient to reimburse the county for the actual costs of 158
cleanup performed by the county. 159
(i) The Secretary of State may not order the 160
trustee to release an amount of more than fifteen percent (15%) of 161
principal of the trust fund to reimburse the county for the actual 162
costs of cleanup performed by the county. 163
(ii) The provisions of this section may be 164
utilized no more than once in a four-year period. 165
(3) (a) If the board of supervisors of any county removes 166
any personal property from a parcel of land adjudicated to be a 167
menace to the public health, safety, and welfare of the community 168
it shall upon the receipt of any such personal property cause the 169
property to be stored in a reasonable manner, and cause to be 170
posted, in three (3) public places in the county, notice that such 171
property has been received. The notice shall contain an accurate 172
and detailed description of the property, and if the board of 173
supervisors know who owns the property, a copy of the notice shall 174
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be mailed to such person or persons in addition to being posted as 175
required in this section. The owner may recover the property by 176
paying any lien amount owed to the county for having cleaned the 177
property and by giving adequate assurances to the board of 178
supervisors that such property will be properly stored to not be a 179
menace to the public health, safety, and welfare of the community. 180
The owner is solely responsible for retrieving any property once 181
they have paid any costs owed the county. Parties having adverse 182
claims to the property may proceed according to law. 183
(b) If no person claims the property within twenty-one 184
(21) days from the date the notice is given, the board of 185
supervisors shall cause the property to be sold at public auction 186
to the highest bidder for cash after first posting notice of the 187
sale in three (3) public places in the county at least ten (10) 188
days before the date of the sale. The notice shall contain a 189
detailed and accurate description of the property to be sold and 190
shall be addressed to the known owners or other persons interested 191
in the property to be sold. The notice shall also set forth the 192
date, time and place the sale is to be conducted and shall 193
designate the sheriff to make the sale. The sheriff, promptly 194
upon completion of the sale, shall deliver to the chancery 195
clerk a copy of the notice authorizing the sale, a list of the 196
property sold, the amount paid for each item, the person to 197
whom each item was sold, and all monies received from such 198
sale. The clerk then shall deposit the monies into the county 199
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treasury and the proceeds of the sale shall be first applied 200
to the necessary costs and expenses of the sale, second to the 201
assessment lien for the cost of cleaning the parcel of land 202
together with any penalty, with the remainder to be returned 203
to the known property owner. Should the property owner be 204
unknown to the board of supervisors, the remainder shall be 205
placed in the county general fund. The chancery clerk shall 206
file the information concerning the sale among the other 207
records of his or her office. 208
(c) No action shall be maintained against the county 209
or any of its officers or employees or the purchaser at the 210
sale for any property sold or the proceeds therefrom after the 211
expiration of one hundred twenty (120) days from the date of 212
the sales as authorized in this subsection (3). 213
(d) If personal property described under this 214
subsection (3) is not sold at a properly noticed public sale 215
as set out under this subsection, then such property may be 216
deemed surplus property of the county and the board of 217
supervisors may dispose of such property by any means 218
authorized under Section 17-25-25. 219
SECTION 2. Section 17-25-25, Mississippi Code of 1972, is 220
amended as follows: 221
17-25-25. (1) General. The governing authority of a county 222
or municipality may sell or dispose of any personal property or 223
real property belonging to the governing authority when the 224
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property has ceased to be used for public purposes or when, in the 225
authority's judgment, a sale thereof would promote the best 226
interest of the governing authority. For purposes of this 227
section, the term "personal property," includes, but is not 228
limited to, equipment, vehicles, fixtures, furniture, firearms and 229
commodities. 230
(2) Public sale. At least ten (10) days before bid opening, 231
the governing authority shall advertise its acceptance of bids by 232
posting notices at three (3) public places located in the county 233
or municipality that the governing authority serves. One (1) of 234
the three (3) notices shall be posted at the governing authority's 235
main office. The governing authority may designate the manner by 236
which the bids will be received, including, but not limited to, 237
bids sealed in an envelope, bids made electronically or bids made 238
by any other method that promotes open competition. The proceeds 239
of the sale shall be placed in a properly approved depository to 240
the credit of the proper fund. 241
(3) Private sale. Where the personal property does not 242
exceed One Thousand Dollars ($1,000.00) in value, the governing 243
authority, by a unanimous approval of its members, may sell or 244
dispose of the property at a private sale. The proceeds of the 245
sale shall be placed in a properly approved depository to the 246
credit of the proper fund. 247
(4) Public auction. The governing authority of a county or 248
municipality may sell or dispose of any surplus personal or real 249
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property at a public auction that shall be conducted by an 250
auctioneer or auction company that meets the standards established 251
by the State Department of Audit and is hired by the governing 252
authority of a county or municipality. 253
(5) If the governing authority finds that the fair market 254
value of the personal property or real property is zero and this 255
finding is entered on the minutes of the authority, then the 256
governing authority may dispose of such property in the manner it 257
deems appropriate and in its best interest, but no official or 258
employee of the governing authority shall derive any personal 259
economic benefit from such disposal. 260
(6) If the property may be of use or benefit to any federal 261
agency or authority, another governing authority or state agency 262
of the State of Mississippi, or a state agency or governing 263
authority of another state, it may be disposed of in accordance 264
with Section 31-7-13(m)(vi). 265
(7) Nothing contained in this section shall be construed to 266
prohibit, restrict or to prescribe conditions with regard to the 267
authority granted under Section 17-25-3 or under Section 37-7-551. 268
The provisions of this section shall not apply to any equipment 269
disposed of pursuant to trade-in as part of a purchase. 270
(8) Nothing contained in this section shall be construed to 271
prohibit or restrict conditions with regard to the authority 272
granted to the governing authority of a county as prescribed under 273
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ST: Cleaning private property; revise
procedures used to clean property adjudicated a
menace to public health and safety.
Section 19-5-105 (3) for unsold personal property removed from 274
adjudicated menaced property within a county. 275
SECTION 3. This act shall take effect and be in force from 276
and after July 1, 2026. 277