Mississippi 2023 Regular Session

Mississippi House Bill HB1023

Introduced
1/16/23  
Refer
1/16/23  

Caption

Land partitions; revise provision that regulate.

Impact

The amendments outlined in HB1023 update existing statutes and introduce new provisions that enhance the authority of the courts when handling disputes between co-owners of land. This could significantly streamline the judicial process corresponding to partition actions, allowing courts to better manage cases where ownership is contested. The inclusion of provisions that allow courts to order individuals to vacate the property or relinquish control over disputed areas is designed to provide clarity in ownership rights and responsibilities among joint tenants and other co-owners.

Summary

House Bill 1023 proposes amendments to the Mississippi Code of 1972, specifically focusing on the procedures a court may follow in the partitioning of land. The bill authorizes courts to exercise discretion in ordering a joint tenant, tenant in common, coparcener, or any individual on contested land to leave the property. This is intended to facilitate smoother resolution of disputes regarding shared property ownership, potentially preventing long-term legal battles over land that could remain unresolved due to disagreements among co-owners.

Contention

Despite the proposed benefits, there are concerns regarding the potential implications for co-owners. Critics may argue that the bill could disproportionately affect those who lack legal representation or are unaware of their rights within partition proceedings. The discretionary nature of the court's actions may lead to unequal outcomes, depending on the individual circumstances of each case. Stakeholders may express apprehension that this legislation empowers courts at the expense of individual rights to dispute ownership or control over shared property.

Final_notes

Overall, HB1023 aims to modernize the process of property partition in Mississippi, addressing gaps in current law that can result in protracted disputes. Its success will largely depend on how effectively the courts implement the new guidelines, balancing efficiency with the fair treatment of all parties involved in land transactions.

Companion Bills

No companion bills found.

Previously Filed As

MS HB1086

Land partitions; revise provision that regulate.

MS HB1318

Baby drop-off and safe haven; revise provisions that regulate.

MS SB2461

Landlord-tenant law; revise provisions of to create procedures and protection for evictions.

MS HB626

Scrap metal; revise various provisions that regulate.

MS HB1580

Residential Landlord and Tenant Act; bring forward sections that regulate.

MS SB227

Revises provisions relating to crimes. (BDR 15-17)

MS HB1061

Residential Landlord Tenant Act; revise evictions procedures of the.

MS HB835

Residential Landlord Tenant Act; revise evictions procedures of the.

MS HB1421

Landlord Tenant provisions; revise time periods for eviction and removal.

MS S0726

Creates a cause of action for partition of heirs property held in tenancy in common.

Similar Bills

MS HB181

Asset forfeiture; require hearing to challenge.

MS HB1634

Asset forefeiture; require hearing to challenge.

MS HB1295

Transfer-on-death deed; exempt from claims of creditor's of deceased transferor.

MS HB1273

Department of Public Safety; revise various provisions relating to.

MS SB2179

Department of Public Safety; revise certain provisions related to.

MS HB1086

Land partitions; revise provision that regulate.

MS HB600

Seizure and forfeiture; prohibit waiver of forfeiture and revise standard of proof.

MS HB337

Seizure and forfeiture; prohibit waiver of forfeiture and revise standard of proof.