Bill Text: MS SB2787 | 2018 | Regular Session | Enrolled


Bill Title: State land; remove application waiting period on forfeited tax land; clarify procedure for refunds on cancelled patents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-03-05 - Approved by Governor [SB2787 Detail]

Download: Mississippi-2018-SB2787-Enrolled.html

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Public Property; Appropriations

By: Senator(s) Blount

Senate Bill 2787

(As Sent to Governor)

AN ACT TO AMEND SECTION 29-1-37, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT CERTAIN APPLICATIONS FOR THE PURCHASE OF STATE-FORFEITED TAX LAND MUST REMAIN ON FILE FOR 30 DAYS BEFORE THEY MAY BE ACTED UPON AND FINALLY APPROVED OR DISAPPROVED; TO AMEND SECTIONS 29-1-85 AND 29-1-87, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROCEDURE FOR REFUNDS TO PURCHASERS OF AMOUNTS PAID TO THE STATE FOR PATENTS ON LAND THAT HAVE BEEN CANCELLED; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 29-1-37, Mississippi Code of 1972, is amended as follows:

     29-1-37  (1)  Except as otherwise provided in subsection (2) of this section, any person desiring to purchase any state-forfeited tax land shall make application in writing to the Secretary of State for the purchase of * * *such the land, and shall state in * * *such the application:

          (a)  A correct description of the land sought to be purchased.

          (b)  The name of the former owner and the name of the person to whom * * *such the land was assessed at the time of * * *such the tax sale, and the post office address of * * *such the former owner and the post office address of the person to whom * * *such the land was assessed at the time of * * *such the sale, if known to the applicant.

          (c)  Whether or not * * *such the land is occupied at the date of the filing of such application, and the name of the person occupying * * *such the land, if any.

          (d)  The nature and value of the improvements on * * *such the land.

          (e)  The approximate quantity of the merchantable timber on * * *such the land, if any.

          (f)  Any other special information as the Secretary of State, with the approval of the Governor, may require.

     Each application shall be signed by the applicant and shall contain a declaration that the statements and information submitted in the application are true and correct and are made under penalty of perjury.  The Secretary of State may require any additional information with reference to the value of * * *such the lands, the nature and condition of the buildings and improvements on * * *such the lands, and the value of the timber on * * *such the lands as he may deem necessary. * * *such  The applications shall be filed by the Secretary of State in the order in which they are received.  Each application shall be given a serial number and shall be entered on a record book on the day it is received.  The record book shall show the name of the applicant, the serial number of the application, and the county in which the property is situated.

 * * * An application so filed shall remain on file with the Secretary of State at least thirty (30) days before it is acted upon and finally approved or disapproved.  Applications made by state agencies, counties, municipalities or other political subdivisions of the state may be acted upon immediately after filing, and shall not be required to be on file the thirty (30) days herein provided.

     (2)  Except as otherwise provided in subsection (3) of this section, the Secretary of State, with the approval of the Governor, may dispose of any state-forfeited tax land by sealed bids after three (3) weeks' advertisement in a newspaper in the county in which * * *such the land is located.

     (3)  The Secretary of State may sell state-forfeited tax land by online auction.  The Secretary of State may establish procedures and adopt administrative rules for the sale of state-forfeited tax land by online auction.

     SECTION 2.  Section 29-1-85, Mississippi Code of 1972, is amended as follows:

     29-1-85.  If the title to any public land * * *contracted for sale under Section 29‑1‑39 or sold by the state through the * * *Auditor State Fiscal Officer or * * *land office Secretary of State or by any municipality, except land forfeited to the state for the nonpayment of ad valorem taxes, shall fail, or shall have failed, the state or * * *such the municipality, as the case may be, shall refund the purchase-money to its vendee or his heirs or assigns; and if no profits have been received from * * *such the lands, then all taxes shall be returned also, and all fees paid, with interest at six * * *per centum percent (6%) per annum.  Except as provided in this chapter, the question of failure of title can only be determined in a suit filed in the county in which the land is situated, and the * * *Land Commissioner Secretary of State or the municipality, as the case may be, shall be made a party to * * * everysuch the suit.  Where * * *such the failure of title shall have been caused by the cancellation of a contract or a patent issued by the state, or a deed from the municipality, under the requirements of any law or decree of a chancery court of this state, directing cancellation in favor of prior purchasers, or through the failure of the state's title, or the title of the municipality, as the case may be, where * * *such the failure shall have been caused by the striking of the land from the state land rolls under the requirements of any law of this state, the failure of title so caused shall not be required to be determined by decree of court.

     SECTION 3.  Section 29-1-87, Mississippi Code of 1972, is amended as follows:

     29-1-87.  (1)  If the State of Mississippi, through the * * *Auditor State Fiscal Officer or * * *Land Commissioner Secretary of State's office, has heretofore issued or shall hereafter issue a patent or patents for any lands to which the state holds no title, or which did not belong to it at the time of the issuance of such patent or patents, or any part of which land may have caved into the river before the issuance of * * *such the patent or patents, or by oversight or otherwise two (2) patents may have been or may hereafter be issued therefor, the * * *Land Commissioner Secretary of State shall investigate the case and report to the Attorney General, who, if he shall find the lands so patented did not belong to the state, shall so report to the Secretary of State.  If the * * *Land Commissioner Secretary of State shall find that such lands or any part thereof had caved into the river before the issuance of * * *such the patent, or that the patentee did not acquire any land or title under * * *such the patent, he shall mark * * *such the patent or patents or, in case of the loss of the original, a certified copy of * * *such the patents, "cancelled," and * * *take them or a duly certified copy to the * * *Auditor of Public Accounts State Fiscal Officer, who shall file the same as a voucher in his office and shall issue his warrant in favor of the patentee or his or her assignees, heirs, or representatives for refund the purchaser the amount paid to and retained by the state for * * *such the cancelled patent or patents, if any.  The * * *Land Commissioner Secretary of State shall certify all * * *such cancellations to the clerk of the chancery court of the county in which * * *such the patents have been recorded, and * * *such the clerk shall thereupon cancel the record of it.  That part of the purchase price paid to * * * the county, levee board, or drainage district local governmental entities by the * * *Land Commissioner Secretary of State shall be refunded to the purchaser of * * *such the lands by the * * *board of supervisors of said county or the board of commissioners of said levee district or drainage board; and the costs and charges of the chancery clerk, sheriff, and tax collector shall be borne equally by the county and the statelocal governmental entities that received the funds.  Any fees paid to the local governmental entities shall be refunded to the purchaser by the recipient of the fees.  When only a part of the purchase-money is refunded, it shall be first noted by the * * *Land Commissioner Secretary of State in ink across the face of * * *such the patent and then noted by the chancery clerk upon the record of patent, cancelling it in * * *such that proportion only.

     (2)  Except as provided in this chapter, the question of failure of title can only be determined in a suit filed in the county in which the land is situated, and the Secretary of State or municipality, as the case may be, shall be made a party to the suit.  Where the failure of title shall have been caused by the cancellation of a contract or a patent issued by the state under the requirements of any law or decree of a chancery court of this state directing cancellation in favor of prior purchasers, or through the failure of the state's title, as the case may be, where the failure shall have been caused by the striking of the land from the state land rolls under the requirements of any law of this state, the failure of title so caused shall not be required to be determined by decree of court.

     SECTION 4.  This act shall take effect and be in force from and after its passage.


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