Mississippi Senate Bill SB2721

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Transfer of tax-forfeited land by the Secretary of State to public agencies; clarify procedures.

Impact

The proposed amendments could significantly impact how tax-forfeited land is managed in Mississippi. By prioritizing applications from state agencies, counties, and municipalities, the bill seeks to ensure that these entities can take possession of lands that may be better utilized for public purposes. This could lead to improved local governance regarding land use, as public entities would have the opportunity to manage lands without the delay of auction processes. Additionally, this could assist in urban development, state projects, and other community enhancements.

Summary

Senate Bill 2721 aims to amend Section 29-1-21 of the Mississippi Code of 1972, clarifying the authority of the Secretary of State concerning the transfer of tax-forfeited land to state or other public entities prior to auction. This bill enables the Secretary of State to take decisive action on properties that have been sold to the state due to unpaid taxes, allowing their transfer to other state entities or political subdivisions if they apply before the scheduled auction date. This change is intended to streamline the process and enhance the management of tax-forfeited properties in the state.

Contention

While the bill aims to clarify existing procedures to improve efficiency, there may be contention surrounding the prioritization of state entities over original landowners. Critics could argue that the provisions may infringe on the rights of original owners, their heirs, or assigns, particularly given that the courts would no longer recognize their claims once the land has been sold to the state. This aspect raises concerns about due process and may lead to legal challenges focusing on property rights and state jurisdiction over privately owned properties.