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S. B. No. 2893 *SS08/R877PS* ~ OFFICIAL ~ G1/2
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To: Municipalities;
Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane, England,
Gillespie Isom
SENATE BILL NO. 2893
(As Passed the Senate)
AN ACT TO AMEND SECTIONS 17-1-15 AND 17-1-17, MISSISSIPPI 1
CODE OF 1972, TO REVISE THE PROCEDURE AND TIME LIMITATIONS FOR 2
NOTICE OF PUBLIC HEARINGS BY COUNTIES AND MUNICIPALITIES TO MAKE 3
ZONING CHANGES IN SUCH COUNTY OR MUNICIPALITY; TO AMEND SECTIONS 4
11-51-75, 11-51-77 AND 11-51-85, MISSISSIPPI CODE OF 1972, TO 5
REVISE THE PROCEDURE AND TIME LIMITATIONS FOR APPEAL OF THE 6
DECISION OF A COUNTY OR MUNICIPALITY REGARDING ZONING 7
RESTRICTIONS, SUPPLEMENTS, ORDINANCES, AMENDMENTS OR REGULATIONS; 8
AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 17-1-15, Mississippi Code of 1972, is 11
amended as follows: 12
17-1-15. The governing authority of each municipality and 13
county shall provide for the manner in which the comprehensive 14
plan, zoning ordinance (including the official zoning map) 15
subdivision regulations and capital improvements program shall be 16
determined, established and enforced, and from time to time, 17
amended, supplemented or changed. However, no such plan, 18
ordinance (including zoning boundaries), regulations or program 19
shall become effective until after a public hearing, in relation 20
thereto, at which parties in interest, and citizens, shall have an 21
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opportunity to be heard. * * * Notice of the public hearing to 22
change zoning regulations may from time to time be amended, 23
supplemented, changed, modified or repealed. Both upon thirty 24
(30) days prior to and fifteen (15) days prior to the day of a 25
public hearing, notice of the public hearing shall be placed on 26
three (3) of the most-accessed interactive computer services, 27
which are, as of the effective date of this act, Facebook, 28
Instagram and X, specifying a time and place for said hearing. In 29
addition to the interactive-computer-services requirement, notice 30
shall be given both thirty (30) days prior to and fifteen (15) 31
days prior to the day of a public hearing in a local, official 32
newspaper located within such county or municipality. A copy of 33
the proposed changes shall also be available for public review in 34
the local government office and the local library, if practicable, 35
thirty (30) days prior to the scheduled public hearing. If the 36
local government has a website, the proposed changes shall be 37
posted on the website thirty (30) days prior to the scheduled 38
public hearing as well. In the event the local government has an 39
ordinance requiring the public display of signage prior to any 40
proposed zoning changes, the required sign shall be displayed 41
thirty (30) days prior to the day of the public hearing. 42
SECTION 2. Section 17-1-17, Mississippi Code of 1972, is 43
amended as follows: 44
17-1-17. Zoning regulations, restrictions and boundaries 45
may, from time to time, be amended, supplemented, changed, 46
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modified or repealed * * *. Notice of the public hearing to 47
change zoning regulations may from time to time be amended, 48
supplemented, changed, modified or repealed. Both upon thirty 49
(30) days prior to and fifteen (15) days prior to the day of a 50
public hearing, notice of the public hearing shall be placed on 51
three (3) of the most-accessed interactive computer services, 52
which are, as of the effective date of this act, Facebook, 53
Instagram and X, specifying a time and place for said hearing. In 54
addition to the interactive-computer-services requirement, notice 55
shall be given both thirty (30) days prior to and fifteen (15) 56
days prior to the day of a public hearing in a local, official 57
newspaper located within such county or municipality. A copy of 58
the proposed changes shall also be available for public review in 59
the local government office and the local library, if practicable, 60
thirty (30) days prior to the scheduled public hearing. If the 61
local government has a website, the proposed changes shall be 62
posted on the website thirty (30) days prior to the scheduled 63
public hearing as well. In the event the local government has an 64
ordinance requiring the public display of signage prior to any 65
proposed zoning changes, the required sign shall be displayed 66
thirty (30) days prior to the day of the public hearing. The 67
governing authorities or any municipal agency or commission, which 68
by ordinance has been theretofore so empowered, may provide in 69
such notice that the same shall be held before the city engineer 70
or before an advisory committee of citizens as hereinafter 71
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provided and if the hearing is held before the said engineer or 72
advisory committee it shall not be necessary for the governing 73
body to hold such hearing but may act upon the recommendation of 74
the city engineer or advisory committee. Provided, however, that 75
any party aggrieved with the recommendation of the city engineer 76
or advisory committee shall be entitled to a public hearing before 77
the governing body of the city, with due notice thereof after 78
publication for the time and as provided in this section. The 79
governing authorities of a municipality which had a population in 80
excess of one hundred forty thousand (140,000) according to the 81
1960 census, or of a municipality which is the county seat of a 82
county bordering on the Gulf of Mexico and the State of Alabama or 83
of a municipality which had a population in excess of forty 84
thousand (40,000) according to the 1970 census and which is within 85
a county bordering on the Gulf of Mexico may enact an ordinance 86
restricting such hearing to the record as made before the city 87
engineer or advisory committee of citizens as hereinabove 88
provided. 89
In case of a protest against such change signed by the owners 90
of twenty percent (20%) or more, either of the area of the lots 91
included in such proposed change, or of those immediately adjacent 92
to the rear thereof, extending one hundred sixty (160) feet 93
therefrom or of those directly opposite thereto, extending one 94
hundred sixty (160) feet from the street frontage of such opposite 95
lots, such amendment shall not become effective except by the 96
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favorable vote of three-fifths (3/5) of the members of the 97
legislative body of such municipality or county who are not 98
required by law or ethical considerations to recuse themselves. 99
SECTION 3. Section 11-51-75, Mississippi Code of 1972, is 100
amended as follows: 101
11-51-75. (1) Any person aggrieved by a judgment or 102
decision of the board of supervisors of a county, or the governing 103
authority of a municipality, may appeal the judgment or decision 104
to the circuit court of the county in which the board of 105
supervisors is the governing body or in which the municipality is 106
located. A written notice of appeal to the circuit court must be 107
filed with the circuit clerk within * * * twenty (20) days from 108
the date at which session of the board of supervisors or the 109
governing authority of the municipality rendered the judgment or 110
decision. Upon filing, a copy of the notice of appeal must be 111
delivered to the president of the board of supervisors or to the 112
mayor or city clerk of the municipality and, if applicable, to any 113
party who was a petitioner before the board of supervisors or the 114
governing authority of the municipality. 115
(a) The notice of appeal filed in the circuit court 116
with the circuit clerk shall contain the following: 117
(i) The name of the county board of supervisors or 118
the name of the municipality as the appellee. If applicable, any 119
party who was a petitioner before the board of supervisors or the 120
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governing authority of the municipality shall be named as an 121
appellee. 122
(ii) A succinct statement of the reasons, or 123
grounds, for the appeal. 124
(iii) A written description or designation of 125
record which includes all matters that the appellant desires to be 126
made part of the record. 127
(iv) Appellant must also deliver a copy of the 128
notice of appeal and a written designation of the record, along 129
with a list of all documents or transcripts in appellant's 130
possession, to the clerk of the board of supervisors or to the 131
clerk of the municipality. 132
(b) An appellee has ten (10) days from the filing of 133
the notice of appeal with the circuit clerk to designate any other 134
items or matters that appellee believes should be included in the 135
designated record. 136
(c) The clerk of the board of supervisors or the 137
municipal clerk must assemble a complete record of the proceedings 138
to include all writings, matters, items, documents, plats, maps 139
and transcripts of proceedings that were part of the record and 140
deliver the complete record to the circuit clerk within thirty 141
(30) days after the filing of the notice of appeal with the 142
circuit clerk. The clerk of the board of supervisors or the 143
municipal clerk shall certify that the record is accurate and 144
complete and contains all writings, matters, items, documents, 145
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plats, maps and transcripts of proceedings designated by appellant 146
and appellee in their designations of record. 147
(d) The circuit court, as an appellate court, either in 148
term time or in vacation, shall hear and determine the same on the 149
record and shall affirm or reverse the judgment. The circuit 150
court shall enter an order establishing a briefing schedule and a 151
hearing date, if any, for the parties to appear and present oral 152
argument. If the judgment is reversed, the circuit court shall 153
render such judgment or decision as the board of supervisors or 154
the governing authority of the municipality ought to have 155
rendered, and certify the same to the board of supervisors or the 156
governing authority of the municipality. Costs shall be awarded 157
as in other cases. 158
(e) No appeal to the circuit court shall be taken from 159
any order of the board of supervisors or the governing authority 160
of the municipality which authorizes the issuance or sale of 161
bonds, but all objections to any matters relating to the issuance 162
and sale of bonds shall be adjudicated and determined by the 163
chancery court, in accordance with the provisions of Sections 164
31-13-5 through 31-13-11 * * *, and all rights of the parties 165
shall be preserved and not foreclosed, for the hearing before the 166
chancery court, or the chancellor in vacation. 167
(2) A copy of the zoning appeal shall be filed with the city 168
clerk or the chancery clerk, whichever is appropriate. The 169
requirement of this subsection shall not affect the perfection of 170
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the appeal under this section for purposes of the 171
twenty-day-filing deadline. 172
SECTION 4. Section 11-51-77, Mississippi Code of 1972, is 173
amended as follows: 174
11-51-77. (1) (a) Any person aggrieved by a decision of 175
the board of supervisors or the municipal authorities of a city, 176
town or village, as to the assessment of taxes, may, within * * * 177
twenty (20) days after the adjournment of the meeting at which 178
such decision is made, appeal to the circuit court of the county, 179
upon giving bond, with sufficient sureties, in double the amount 180
of the matter in dispute, but never less than One Hundred Dollars 181
($100.00), payable to the state, and conditioned to perform the 182
judgment of the circuit court, and to be approved by the clerk of 183
such board, who, upon the filing of such bond, shall make a true 184
copy of any papers on file relating to such controversy, and file 185
such copy certified by him, with said bond, in the office of the 186
clerk of the circuit court, on or before its next term. The 187
controversy shall be tried anew in the circuit court at the first 188
term, and be a preference case, and, if the matter be decided 189
against the person who appealed, judgment shall be rendered on the 190
appeal bond for damages at the rate of ten percent (10%) on the 191
amount in controversy and all costs. If the matter be decided in 192
favor of the person who appealed, judgment in his favor shall be 193
certified to the board of supervisors, or the municipal 194
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authorities, as the case may be, which shall conform thereto, and 195
shall pay the costs. 196
(b) A copy of the zoning appeal shall also be filed 197
with the city clerk or the chancery clerk's office, whichever is 198
appropriate. The requirement of this paragraph (b) shall not 199
affect the perfection of the appeal under this subsection for 200
purposes of the twenty-day-filing deadline. 201
(2) A political subdivision may appeal an assessment of 202
taxes as provided in this subsection (2). Only the county 203
attorney, the district attorney, or the Attorney General, if the 204
state, county or municipality be aggrieved by a decision of the 205
board of supervisors or the municipal authorities of a city, town, 206
or village as to the assessment of taxes, may, within twenty (20) 207
days after the adjournment of the meeting at which such decision 208
is made, or within twenty (20) days after the adjournment of the 209
meeting at which the assessment rolls are corrected in accordance 210
with the instructions of the Department of Revenue, or within 211
twenty (20) days after the adjournment of the meeting of the board 212
of supervisors at which the approval of the roll by the Department 213
of Revenue is entered, appeal to the circuit court of the county 214
in like manner as in the case of any person aggrieved as provided 215
in subsection (1) of this section, except no bond shall be 216
required, and such appeal may be otherwise governed by the 217
provisions of this section. 218
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SECTION 5. Section 11-51-85, Mississippi Code of 1972, is 219
amended as follows: 220
11-51-85. (1) Either party may appeal to the circuit court 221
of the county from the judgment of any justice court judge if 222
appeal be demanded and bond given within * * * twenty (20) days 223
after the rendition of the judgment. The party taking the appeal 224
shall give bond with a sufficient surety, to be approved by the 225
clerk of the justice court payable to the opposite party, in the 226
penalty of double the amount of the judgment, or double the value 227
of the property involved, and all costs accrued and likely to 228
accrue in the case, and in no case to be less than One Hundred 229
Dollars ($100.00), conditioned for the payment of such judgment as 230
the circuit court may render against him; and the appeal, when 231
demanded and bond given, shall operate as a supersedeas of 232
execution on such judgment. Any defendant against whom a civil 233
judgment may have been entered by a justice court judge who, by 234
reason of his poverty, is not able to give bond may nevertheless 235
appeal from such judgment on his making an affidavit that, by 236
reason of his poverty, he is unable to give bond or other security 237
to obtain such appeal, but the appeal in such case shall not 238
operate as a supersedeas of the judgment. The clerk of the 239
justice court shall at once make up a transcript of the record and 240
properly transmit the same to the clerk of the circuit court, 241
within fifteen (15) days after the bond has been filed. In 242
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ST: Land use/zoning changes by local
governments; revise procedure and time
limitations.
counties where there is a county court, appeals from justice 243
courts shall be to the county court. 244
(2) A copy of the zoning appeal shall also be filed with the 245
city clerk or the chancery clerk's office, whichever is 246
appropriate. The requirement of this subsection shall not affect 247
the perfection of the appeal under this section for purposes of 248
the twenty-day-filing deadline. 249
SECTION 6. This act shall take effect and be in force from 250
and after July 1, 2026, and shall stand repealed on June 30, 2026. 251