1997 Regular Session
To: Judiciary A
By: Representatives Davis (7th), McBride, Miller, Robertson, Woods
House Bill 1683
AN ACT TO AMEND SECTION 19-27-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS TO BE PETITIONED FOR ALTERATIONS OF MAPS AND PLATS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-27-31, Mississippi Code of 1972, is amended as follows:
19-27-31. If the owner of any land which shall have been laid off, mapped, or platted as a city, town or village, or addition thereto, or subdivision thereof, or other platted area, whether inside or outside a municipality, shall be desirous of altering or vacating such map or plat, or any part thereof, he may, under oath, petition the chancery court or the board of supervisors for relief in the premises, setting forth the particular circumstances of the case and giving an accurate description of the property, the map or plat of which is to be vacated, or altered, and the names of the persons to be adversely affected thereby, or directly interested therein. The parties so named shall be made defendants thereto, and publication of summons shall be made one time in a newspaper published, or having a general circulation, in the county where the land is situated, and which publication shall clearly state the objects and purposes of the petition.
At any time after the expiration of five (5) days from said publication and the service of process upon the named defendants, the cause or proceeding shall be triable, and the court in termtime or the chancellor in vacation or the board of supervisors may hear the petition and all objections from any person thereto, and may decree according to the merits of the case. However, where all adversely affected or directly interested persons join in said petition, the same may be finally heard and determined by the court or chancellor at any time. If the decree vacate, in whole or in part, or alter the map or plat, it shall be recorded as a deed, and a memorandum thereof noted on the record of the map or plat.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.