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SB2028 • 2026

Carbon credits or sequestration; require recorded instrument to convey.

AN ACT TO REQUIRE THE NOTICE OF CONVEYANCE OF AN INTEREST RELATING TO A CARBON CREDIT OR SEQUESTRATION BE RECORDED AS AN INTEREST IN LAND; TO BRING FORWARD SECTIONS 89-5-1 AND 89-5-3, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE RECORDING OF INSTRUMENTS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

Energy
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
McCaughn
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The official source material does not provide details on enforcement mechanisms or penalties for non-compliance.

Carbon Credits and Sequestration Recording Act

This bill requires that any notice of conveyance related to carbon credits or sequestration be recorded as an interest in land.

What This Bill Does

  • Requires notices of conveyance for interests related to carbon credits or sequestration to be recorded as interests in land.

Who It Names or Affects

  • People and entities involved in carbon credit or sequestration transactions.
  • Clerks of chancery courts responsible for recording these documents.

Terms To Know

Carbon Credit
A certificate or permit representing the right to emit one ton of carbon dioxide or the equivalent amount of another greenhouse gas.
Sequestration
The process of capturing and storing atmospheric carbon dioxide to reduce the amount of CO2 in the atmosphere.

Limits and Unknowns

  • The bill did not pass during its session.
  • It is unclear how this act would be enforced or what penalties might apply for non-compliance.
  • Sections from the Mississippi Code related to recording instruments are brought forward, but it's uncertain if they will be amended.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-08 Mississippi Legislative Bill Status System

    01/08 (S) Referred To Judiciary, Division A

Official Summary Text

Carbon credits or sequestration; require recorded instrument to convey.

Current Bill Text

Read the full stored bill text 
S. B. No. 2028 *SS08/R474* ~ OFFICIAL ~ G1/2
26/SS08/R474
PAGE 1 (ens\kr)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) McCaughn

SENATE BILL NO. 2028

AN ACT TO REQUIRE THE NOTICE OF CONVEYANCE OF AN INTEREST 1
RELATING TO A CARBON CREDIT OR SEQUESTRATION BE RECORDED AS AN 2
INTEREST IN LAND; TO BRING FORWARD SECTIONS 89-5-1 AND 89-5-3, 3
MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE RECORDING OF 4
INSTRUMENTS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The notice of conveyance of an interest relating 8
to a carbon credit or carbon sequestration shall be recorded as an 9
interest in land as required in Chapter 5, Title 89, Mississippi 10
Code of 1972. 11
SECTION 2. Section 89-5-1, Mississippi Code of 1972, is 12
brought forward as follows: 13
89-5-1. Except as provided by Sections 89-5-101 through 14
89-5-113, a conveyance of land shall not be good against a 15
purchaser for a valuable consideration without notice, or any 16
creditor, unless it be lodged with the clerk of the chancery court 17
of the county in which the lands are situated to be recorded; but 18
after filing with the clerk, the priority of time of filing shall 19
S. B. No. 2028 *SS08/R474* ~ OFFICIAL ~
26/SS08/R474
PAGE 2 (ens\kr)

determine the priority of all conveyances of the same land as 20
between the several holders of such conveyances. 21
SECTION 3. Section 89-5-3, Mississippi Code of 1972, is 22
brought forward as follows: 23
89-5-3. Except as provided by Sections 89-5-101 through 24
89-5-113, all bargains and sales, and all other conveyances 25
whatsoever of lands, whether made for passing an estate of 26
freehold or inheritance, or for a term of years; and all 27
instruments of settlement upon marriage wherein land, money, or 28
other personalty should be settled or covenanted to be left or 29
paid at the death of the party, or otherwise; and all deeds of 30
trust and mortgages whatsoever, shall be void as to all creditors 31
and subsequent purchasers for a valuable consideration without 32
notice, unless they be acknowledged or proved and lodged with the 33
clerk of the chancery court of the proper county, to be recorded 34
in the same manner that other conveyances are required to be 35
acknowledged or proved and recorded. Failure to file such 36
instrument with the clerk for record shall prevent any claim of 37
priority by the holder of such instrument over any similar 38
recorded instrument affecting the same property, to the end that 39
with reference to all instruments which may be filed for record 40
under this section, the priority thereof shall be governed by the 41
priority in time of the filing of the several instruments, in the 42
absence of actual notice. But as between the parties and their 43
heirs, and as to all subsequent purchasers with notice or without 44
S. B. No. 2028 *SS08/R474* ~ OFFICIAL ~
26/SS08/R474
PAGE 3 (ens\kr)
ST: Carbon credits or sequestration; require
recorded instrument to convey.
valuable consideration, said instruments shall nevertheless be 45
valid and binding. 46
SECTION 4. This act shall take effect and be in force from 47
and after July 1, 2026. 48