MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Municipalities

By: Representative Robinson (63rd)

House Bill 1274

AN ACT TO AMEND SECTION 21-1-31, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THOSE AFFECTED BY A PROPOSED MUNICIPAL ANNEXATION RECEIVE WRITTEN NOTICE BY FIRST CLASS MAIL 30 DAYS BEFORE THE DATE OF THE HEARING CONCERNING THE PROPOSED ANNEXATION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 21-1-31, Mississippi Code of 1972, is amended as follows:

     21-1-31.  Upon the filing of such petition and upon application therefor by the petitioner, the chancellor shall fix a date certain, either in term time or in vacation, when a hearing on the petition will be held, and notice thereof shall be given in the same manner and for the same length of time as is provided in Section 21-1-15 with regard to the creation of municipal corporations, and all parties interested in, affected by, or being aggrieved by said proposed enlargement or contraction shall have the right to appear at such hearing and present their objection to such proposed enlargement or contraction.  In addition to the notice requirements of Section 21-1-15, written notice shall also be given to every person or business owner who pays property taxes in the area that is included in a proposed municipal enlargement.  The written notice shall be given to such taxpayers thirty (30) days before the date of the hearing by first class mail at the address given by the taxpayer to the tax assessor.  However, in all cases of the enlargement of municipalities where any of the territory proposed to be incorporated is located within three (3) miles of another existing municipality, then such other existing municipality shall be made a party defendant to said petition and shall be served with process in the manner provided by law, which process shall be served at least thirty (30) days prior to the date set for the hearing.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.