Bill Text: MS HB1367 | 2022 | Regular Session | Engrossed
Bill Title: Real property; establish process to remove discriminatory language from recorded instruments of conveyance.
Spectrum: Bipartisan Bill
Status: (Failed) 2022-03-09 - Died On Calendar [HB1367 Detail]
Download: Mississippi-2022-HB1367-Engrossed.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary A
By: Representatives Owen, McCarty, Yates, Bell (65th), Karriem, Stamps
House Bill 1367
(As Passed the House)
AN ACT TO ESTABLISH A PROCESS FOR THE REMOVAL OF DISCRIMINATORY PROVISIONS FROM RECORDED INSTRUMENTS OF CONVEYANCE; TO AUTHORIZE A PERSON WHO OWNS REAL PROPERTY OR AN INTEREST IN REAL PROPERTY WHICH INCLUDES IN THE CHAIN OF TITLE A RECORDED INSTRUMENT OF CONVEYANCE CONTAINING A DISCRIMINATORY PROVISION TO PETITION THE CHANCERY COURT REQUESTING THE REMOVAL OF THE DISCRIMINATORY PROVISION; TO CREATE A FORM FOR THE PETITION; TO AUTHORIZE THE CHANCERY COURT TO MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW SOLELY ON A REVIEW OF THE CONVEYANCE INSTRUMENT; TO CREATE A SUGGESTED FORM FOR THE CHANCELLOR'S FINDINGS; TO DIRECT THE CHANCERY CLERK TO INDEX AND FILE THE COURT'S FINDINGS IN THE COUNTY LAND RECORDS USING THE SAME NAMES USED TO INDEX THE CONVEYANCE INSTRUMENT; TO PROHIBIT THE CHANCERY CLERK FROM COLLECTING A FEE FOR FILING THE PETITION AND THE COURT'S FINDINGS; TO AMEND SECTION 37-113-31, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE USE OF THE TERM "NEGRO" IN THE STATUTE AUTHORIZING THE MISSISSIPPI STATE UNIVERSITY EXTENSION SERVICE TO ESTABLISH A 4-H CLUB CAMP IN MADISON COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In this section, the term "discriminatory provision" means a restriction or provision that affects real property, or a provision, whether express or incorporated by reference, in a deed conveying real property or an interest in real property, which prohibits the use by or the sale, lease or transfer to a person or entity because of race, color or national origin. A restriction or provision that is a discriminatory provision under this subsection is void and has no legal effect.
(2) A person who owns real property or an interest in real property which includes, in the chain of title for the property or property interest, a recorded conveyance instrument containing a discriminatory provision may request the removal of the discriminatory provision from the instrument in the manner prescribed in this section. The person shall complete and file with the clerk of the chancery court in the county where the real property instrument is recorded a petition containing, at a minimum, the information required under this subsection. In those counties having two (2) judicial districts, the petition must be filed in the judicial district where the person's conveyance instrument is recorded in the land records. The petition must be presented in substantially the following form:
"In Re: Conveyance In __________ County, Mississippi
Instrument with ______ Judicial District [if
Discriminatory Provision applicable]
PETITION FOR JUDICIAL REVIEW OF CONVEYANCE INSTRUMENT ALLEGED TO CONTAIN A DISCRIMINATORY PROVISION
Now Comes _____________________(name) and files this petition requesting a judicial determination of the status of a conveyance instrument that contains a discriminatory provision as defined by subsection (1) of Section 1, House Bill No. 1367, 2022 Regular Session of the Mississippi Legislature, filed in the office of the Chancery Clerk of __________(county name) County, Mississippi, [(in those counties having more than one judicial district) in the ______(number of the judicial district) Judicial District], and in support of the petition would show the court as follows:
I.
_________________(Name), petitioner, is the person who owns the real property or the interest in real property described in the conveyance instrument or has been given permission by that person to file this petition.
II.
On ________________(date), the Chancery Clerk of ______________(county name) County, Mississippi, received and filed and recorded the conveyance instrument attached to this petition and containing _____(number) pages. The instrument is recorded at Book _______(book number), Page _____(page number), in the land records of [(in those counties having more than one judicial district) the ______(number of the judicial district) Judicial District], ____________(county name) County. The conveyance instrument contains a discriminatory provision as defined by subsection (1) of Section 1, House Bill No. 1367, 2022 Regular Session of the Mississippi Legislature.
III.
Petitioner alleges that the conveyance instrument attached to this petition contains a discriminatory provision as defined by subsection (1) of Section 1, House Bill No. 1367, 2022 Regular Session of the Mississippi Legislature, and that the discriminatory provision should be removed.
IV.
Petitioner attests that assertions in this petition are true and correct.
V.
PRAYER
Petitioner requests the court to review the attached conveyance instrument and enter an order removing the discriminatory provision as defined by subsection (1) of Section 1, House Bill No. 1367, 2022 Regular Session of the Mississippi Legislature, together with such other orders as the court deems appropriate.
Respectfully submitted,
_________________________
_________________________
_________________________
(Signature and typed name and address)"
(3) The completed form of acknowledgment must be as prescribed under Section 89-3-7 in the case of natural persons acting in their own right.
(4) The owner of the real property or an interest in real property may grant permission to another person to request the removal of a discriminatory provision from the instrument in the manner prescribed in this section.
(5) A petition under this section may be ruled on by the chancery court in the county where the subject conveyance instrument was filed. The court's finding may be made solely on a review of the conveyance instrument attached to the petition and without hearing any testimonial evidence. The court's review may be made ex parte without delay or notice of any kind. If the court does not rule on the petition on or before fifteen (15) days after the date the petition is filed, the petition is deemed granted. An appellate court shall expedite review of a court's finding under this section.
(6) After reviewing the conveyance instrument attached to a petition filed under this section, the court shall enter an appropriate finding of fact and conclusion of law.
(7) The court's finding of fact and conclusion of law must be:
(a) Transferred by the court clerk to the chancery clerk for recording and indexing not later than twenty (20) days after the date the finding of fact and conclusion of law is entered by the court or deemed granted under subsection (5); and
(b) Indexed and filed by the chancery clerk in the same class of records in which the subject conveyance instrument is filed, as required under Section 89-5-33. The index entry for a finding of fact and conclusion of law entered under this section must contain the names of the grantors and grantees stated in the subject conveyance instrument.
(8) A chancery clerk may not collect a filing fee for filing a petition or a court's finding of fact and conclusion of law under this section.
(9) A suggested form appropriate for the order setting forth the chancery court's finding of fact and conclusion of law is as follows:
"In Re: Conveyance In __________ County, Mississippi
Instrument with ______ Judicial District [if
Discriminatory Provision applicable]
JUDICIAL FINDING OF FACT AND CONCLUSION OF LAW REGARDING CONVEYANCE INSTRUMENT ALLEGED TO CONTAIN A DISCRIMINATORY PROVISION
On the _____(number) day of __________(month), ______(year), in the above entitled and numbered cause, this court reviewed a petition, verified by affidavit, of __________________(name) and the conveyance instrument attached to the petition. No testimony was taken from any party, nor was there any notice of the court's review, the court having made the determination that a decision could be made solely on review of the conveyance instrument.
The court finds as follows (only an item checked and initialed is a valid court ruling):
_______ The conveyance instrument recorded at Book _______(book number), Page _____(page number), in the land records of [(in those counties having more than one judicial district) the ______(number of the judicial district) Judicial District], ____________(county name) County, CONTAINS a discriminatory provision as defined by subsection (1) of Section 1, House Bill No. 1367, 2022 Regular Session of the Mississippi Legislature. The discriminatory provision is void and removed from the conveyance instrument identified in this document.
_______ The conveyance instrument recorded at Book _______(book number), Page _____(page number), in the land records of [(in those counties having more than one judicial district) the ______(number of the judicial district) Judicial District], ____________(county name) County, DOES NOT CONTAIN a discriminatory provision as defined by subsection (1) of Section 1, House Bill No. 1367, 2022 Regular Session of the Mississippi Legislature.
This court expressly limits its finding of fact and conclusion of law to the review of a ministerial act. The chancery clerk shall file this finding of fact and conclusion of law in the same class of records in which the subject conveyance instrument is filed, and the court directs the chancery clerk to index it using the same names used to index the subject conveyance instrument.
SIGNED ON THIS THE ________ DAY OF ____________________.
_______________________________
CHANCELLOR
_____________ COUNTY, MISSISSIPPI
______ JUDICIAL DISTRICT [if applicable]"
SECTION 2. Section 37-113-31, Mississippi Code of 1972, is amended as follows:
37-113-31. The agricultural
extension service of the Mississippi State University of Agriculture and
Applied Science, by and with the approval and consent of the president of * * * the university and the * * *
Board of Trustees of State Institutions of Higher Learning, is * * * authorized and empowered to create,
establish, equip and maintain a 4-H Club demonstration camp for * * * 4-H Club members, located on a designated
area in Madison County, Mississippi, on lands belonging to the State of
Mississippi.
It shall be the duty and responsibility
of the agricultural extension service of * * * the university to direct and
supervise the utilization of this facility in carrying out the purposes of this
section. When not in use by the agricultural extension service for the purpose * * * provided in this section, this
facility may be rented to other * * * organizations for educational and
recreational use only. Any money derived from such rental shall be used by the
agricultural extension service, by and with the approval of the president
of * * * the
university and the * * * Board of Trustees
of State Institutions of Higher Learning, for maintaining and further
improving such facilities for use of the 4-H Clubs of Mississippi.
The purpose of this section
is to authorize the agricultural extension service of Mississippi, by
and with the approval and consent of the president of * * * the university and the * * *
Board of Trustees of State Institutions of Higher Learning, to
establish, equip and maintain this 4-H Club demonstration camp for the purpose
of teaching the * * *
boys and girls of Mississippi standards of better farm and home making, the
importance of and the methods of conservation of our natural resources, and the
development of character and leadership and training for citizenship. To
accomplish such purposes, the agricultural extension service, by, and with the
approval and consent of the president of * * * the university and the * * *
Board of Trustees of State Institutions of Higher Learning, is
authorized and empowered to do such things as may be necessary, and to
prescribe such rules and regulations as it may deem proper, to carry out and
put into effect the intent and purpose of this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.
