Municipal annexation; require an election be held in the proposed annexation territory.

S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~ G1/2
26/SS08/R787
PAGE 1 (rdd\kr)

To: Municipalities;
Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) McLendon, Tate, Whaley,
Chism, Hartness, Seymour, Berry

SENATE BILL NO. 2891

AN ACT TO AMEND SECTION 21-1-27, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE THAT AN ELECTION BE HELD IN ANY PART OF A COUNTY WHICH IS 2
THE SUBJECT OF A MUNICIPAL ANNEXATION OR REMOVAL ORDINANCE; TO 3
PROVIDE THAT THE COSTS OF THE ELECTION SHALL BE PAID BY THE 4
GOVERNING AUTHORITY OF THE MUNICIPALITY THAT IS SEEKING THE 5
ANNEXATION OR REMOVAL OF THE PROPOSED TERRITORY IN THE COUNTY; TO 6
AMEND SECTION 21-1-31, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 7
MUNICIPAL AUTHORITIES TO PAY ATTORNEY'S FEES AND ALL COSTS OF 8
COURT WHEN APPEALING THE ELECTION RESULTS; TO AMEND SECTION 9
21-1-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHANCELLOR 10
MAY CONSIDER ELECTION RESULTS AS EVIDENCE; TO AMEND SECTIONS 11
21-1-35 AND 21-1-43, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 12
PRECEDING SECTIONS; TO REPEAL SECTION 21-1-29, MISSISSIPPI CODE OF 13
1972, WHICH REQUIRES A MUNICIPAL ENLARGEMENT OR CONTRACTION 14
PETITION TO BE FILED IN CHANCERY COURT; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 21-1-27, Mississippi Code of 1972, is 17
amended as follows: 18
21-1-27. (1) The limits and boundaries of existing cities, 19
towns and villages shall remain as now established until altered 20
in the manner * * * provided in this chapter. When any 21
municipality * * * desires to enlarge or contract * * * its 22
boundaries * * * by adding * * * to its boundaries, adjacent 23
unincorporated territory, or excluding * * * from any part of the 24
S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~
26/SS08/R787
PAGE 2 (rdd\kr)

incorporated territory of * * * the municipality, the governing 25
authorities of * * * the municipality shall pass an ordinance 26
defining with certainty the territory proposed to be included in 27
or excluded from the corporate limits, and also defining the 28
entire boundary as changed. * * * If the municipality desires to 29
enlarge * * * its boundaries, * * * the ordinance shall in general 30
terms describe the proposed improvements to be made in the annexed 31
territory, the manner and extent of * * * the improvements, and 32
the approximate time within which such improvements are to be 33
made; such ordinance shall also contain a statement of the 34
municipal or public services * * * that the municipality proposes 35
to render in * * * the annexed territory. * * * If the 36
municipality * * * desires to contract its boundaries, * * * the 37
ordinance shall contain a statement of the reasons for * * * the 38
contraction and a statement showing * * * how the public 39
convenience and necessity would be served thereby. 40
(2) * * * After the passage of the ordinance, the board of 41
supervisors of the county in which the territory proposed to be 42
annexed or removed is located shall hold an election in the 43
territory on the question of the proposed annexation or removal. 44
The costs of the election shall be paid by the municipal governing 45
authority seeking the annexation or removal. Only those persons 46
residing in the territory to be annexed or removed shall be 47
allowed to vote in the election. The election shall be held 48
within sixty (60) days after passage of the ordinance. Notice of 49
S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~
26/SS08/R787
PAGE 3 (rdd\kr)

the election shall be published in a newspaper having a general 50
circulation in the territory proposed to be annexed or removed 51
once a week for three (3) consecutive weeks before the election 52
date, and the first publication shall be made not less than 53
twenty-one (21) days before the election date. The election shall 54
be held in the same manner as are other county elections. The 55
results of the election shall be certified by the election 56
commissioners of the county and shall be considered as the final 57
decision on the issue of annexation or removal unless the 58
governing authority of the municipality appeals the election 59
decision to the chancery court of the county in which such 60
municipality is located. The annexation shall not be permitted or 61
approved unless the electors in the territory proposed to be 62
annexed approve the annexation by a fifty percent (50%) plus one 63
(1) vote of those electors voting in the election. If fifty 64
percent (50%) plus one (1) of the qualified electors voting in 65
each election vote to approve the ordinance, the ordinance shall 66
be approved. If approved in the elections, the ordinance shall 67
become effective ten (10) days after the date of the final 68
determination of the results of the elections or on a later date 69
that is specified in the ordinance. 70
(3) [Repealed] 71
SECTION 2. Section 21-1-31, Mississippi Code of 1972, is 72
amended as follows: 73
S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~
26/SS08/R787
PAGE 4 (rdd\kr)

21-1-31. Upon * * * appeal by the * * * municipal authority 74
to the chancery court, the chancellor shall fix a date certain, 75
either in term time or in vacation, when a hearing on * * * the 76
election results defeating the proposed enlargement or contraction 77
will be held, and notice thereof shall be given in the same manner 78
and for the same length of time as is provided in Section 21-1-15 79
with regard to the creation of municipal corporations, and all 80
parties interested in, affected by, or being aggrieved by * * * 81
the proposed enlargement or contraction shall have the right to 82
appear at such hearing and present their objection to such 83
proposed enlargement or contraction. * * * The municipal 84
authority shall be required to pay all attorney's fees and all 85
costs involved with the hearing. 86
SECTION 3. Section 21-1-33, Mississippi Code of 1972, is 87
amended as follows: 88
21-1-33. (1) If the chancellor finds from the evidence, 89
including, but not limited to, the results of any election held 90
under Section 21-1-27, presented at the hearing that the proposed 91
enlargement or contraction is reasonable and is required by the 92
public convenience and necessity and, in the event of an 93
enlargement of a municipality, that reasonable public and 94
municipal services will be rendered in the annexed territory 95
within a reasonable time and that the governing authority of the 96
municipality complied with the provisions of Section 21-1-27, the 97
chancellor * * * may enter a decree approving, ratifying and 98
S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~
26/SS08/R787
PAGE 5 (rdd\kr)

confirming the proposed enlargement or contraction, and describing 99
the boundaries of the municipality as altered. In so doing the 100
chancellor shall have the right and the power to modify the 101
proposed enlargement or contraction by decreasing the territory to 102
be included in or excluded from the municipality, as the case may 103
be. 104
(2) If the chancellor * * * finds from the evidence that the 105
proposed enlargement or contraction, as the case may be, is 106
unreasonable and is not required by the public convenience and 107
necessity, or in the event of an enlargement of a municipality, 108
that the governing authority of the municipality failed to comply 109
with the provisions of Section 21-1-27, then * * * the chancellor 110
shall enter a decree denying the enlargement or contraction. 111
(3) In any event, the decree of the chancellor shall become 112
effective after the passage of ten (10) days from the date thereof 113
or, in the event an appeal is taken therefrom, within ten (10) 114
days from the final determination of the appeal. In any 115
proceeding under this section the burden shall be upon the 116
municipal authorities to show that the proposed enlargement or 117
contraction is reasonable. 118
SECTION 4. Section 21-1-35, Mississippi Code of 1972, is 119
amended as follows: 120
21-1-35. * * * In the event of an appeal from the judgment 121
of the chancellor, the costs incurred in the appeal shall be taxed 122
S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~
26/SS08/R787
PAGE 6 (rdd\kr)

against the appellant if the judgment be affirmed, and against the 123
appellee if the judgment be reversed. 124
SECTION 5. Section 21-1-43, Mississippi Code of 1972, is 125
amended as follows: 126
21-1-43. Any two (2) or more cities or towns being adjacent 127
or situated sufficiently near to each other may combine into and 128
become one (1) municipality in the same manner as is provided for 129
the enlargement or contraction of municipal boundaries. It shall 130
be necessary for the governing authorities of each municipality to 131
adopt the ordinance with regard * * * to the consolidation and an 132
election held in the same manner as is provided in Section 21-1-27 133
with regard to the enlargement or contraction of municipal 134
boundaries. * * * The ordinance * * * shall state the name that 135
shall be given to the municipality to be formed. In the event of 136
the consolidation of two (2) or more municipalities into one (1) 137
as * * * provided in this section, the decree of the chancellor 138
shall correctly classify the municipality so formed in accordance 139
with the facts, based upon the total population of all of such 140
municipalities as shown by the latest available federal census. 141
When * * * the consolidation shall have become final and 142
operative, all of * * * the municipalities shall be merged into 143
one (1) under the name set forth in the ordinances adopted by the 144
governing authorities of the municipalities so consolidated. The 145
governing authorities of all the municipalities so consolidated 146
shall become members of the governing authority of the 147
S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~
26/SS08/R787
PAGE 7 (rdd\kr)

municipality so formed until the next regular election, when the 148
proper number of members of the governing authority shall be 149
elected as provided by law, and the mayor or chief executive 150
officer of the largest municipality, according to population, 151
shall become the mayor or chief executive officer of the 152
municipality so formed. The assessments and levies for ad valorem 153
taxation in force at the time of the consolidation of * * * the 154
municipalities for the territory of each municipality shall be the 155
assessment and levy upon which taxes shall be collected for the 156
then current fiscal year, but in all other respects the existing 157
laws and ordinances of the largest municipality, according to 158
population, shall be operative throughout the enlarged limits. 159
Nothing in this section shall authorize the combination of 160
two (2) or more villages unless * * * those villages shall have a 161
combined population of five hundred (500) or more, according to 162
the latest available federal decennial census. 163
SECTION 6. Section 21-1-29, Mississippi Code of 1972, which 164
provides for a municipal enlargement or contraction petition to be 165
filed in chancery court, is repealed. 166
SECTION 7. Any action taken on an ordinance proposing the 167
enlargement or contraction of municipal boundaries that is pending 168
before a court on the effective date of this act as a result of 169
any prior law shall be withdrawn, and an election as provided in 170
Section 21-1-27 may be held. 171
S. B. No. 2891 *SS08/R787* ~ OFFICIAL ~
26/SS08/R787
PAGE 8 (rdd\kr)
ST: Municipal annexation; require an election
be held in the proposed annexation territory.
SECTION 8. This act shall take effect and be in force from 172
and after July 1, 2026. 173