House Bill 726

AN ACT TO AMEND SECTION 89-1-9, MISSISSIPPI CODE OF 1972, TO PROHIBIT A LEGAL LIFE ESTATE OWNER FROM RENTING OR LEASING THE LAND OR OTHER PROPERTY CONVEYED IN A LIFE ESTATE; TO PROHIBIT WASTE FROM BEING COMMITTED TO A LIFE ESTATE; TO PROVIDE THE LIMITED RIGHTS THAT A LEGAL LIFE ESTATE OWNER HAS TO CUT TIMBER ON THE LAND CONVEYED IN A LIFE ESTATE; TO AMEND SECTIONS 27-33-17 AND 93-13-41, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 55-21-9 AND 89-7-9, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 89-1-9, Mississippi Code of 1972, is amended as follows:

89-1-9. (1) A conveyance or devise of land or other property to any person for life, with remainder to his heirs or heirs of his body, shall be held to create an estate for life in such person, with remainder to his heirs or heirs of his body, who shall take as purchasers, by virtue of the remainder so limited to them.

(2) A legal life estate owner shall be entitled to occupy, use and enjoy the land or other property, provided that such owner does not rent or lease the land or other property to any other person.

(3) The legal life estate owner is under a duty not to commit waste or allow waste to occur upon the premises, which means a legal life estate owner cannot treat the land or other property in such a manner as to materially reduce its value below what it otherwise would be.

(4) A legal life estate owner has a limited right to harvest timber from the life estate property without the permission of the remaindermen. Such right allows a legal life estate owner to harvest timber from the life estate property as is needed for fencing, constructing other necessary structures and fuel, to raise funds to pay the taxes on the property, to provide food for the owner and the owner's family, and to properly manage and preserve the property. A legal life estate owner who harvests the timber for his or her pecuniary interest or solely as a commercial enterprise may be enjoined from further harvesting and also be made to respond in damages for the diminished value of the remainder's interest.

(5) The provisions of this section shall apply to the transfer or conveyance of any land or property through a deed or other document that occurs after July 1, 2016.

SECTION 2. Section 27-33-17, Mississippi Code of 1972, is amended as follows:

27-33-17. The meaning of the words "own," "owned," "ownership" and similar words, for the purpose of this article, shall be limited to real estate, and to title, as follows:

(a) "Fee title," meaning inheritable title (whether by inheritance, gift or purchase), limited to only ownerships known as (i) "absolute" (freehold), or (ii) "tenancy for life" (life estate), or (iii) "tenancy in common," "joint tenancy," "joint ownership" and "common title"; the conditions of none of which may be restricted, except as otherwise provided in Section 89-1-9, during the life of the owner as to possession, occupancy and use; and the words "joint owner," "joint tenant" or "joint tenancy" when used in this article shall include "tenant in common," "tenancy in common" and "estate in common," unless a different meaning is clearly indicated by the context.

(b) "An express trust of record," meaning a trust created in express terms in a recorded deed, will or other writing, with reference to the land to which it applies, the beneficiary of which trust is the head of a family, who under the terms of the trust, is entitled to and does occupy and use the property as a home, which property is assessed for taxation to the beneficiary and on which property the beneficiary pays the taxes, unless otherwise provided in the trust.

(c) "School lands legally leased," meaning a legal lease of school land which is perpetually renewable, or school land legally leased for a term of ten (10) years or more under the provisions of Section 211 of the Mississippi Constitution, the owner of which lease is the head of a family who is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.

(d) "Pearl River Valley Water Supply District lands legally leased," meaning a legal lease of lands owned in fee by the Pearl River Valley Water Supply District, an agency of the State of Mississippi, for a period of twenty (20) years or more, with the option of renewal for successive periods of ten (10) years, to a person, individually or in joint tenancy, who is the head of a family and is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.

(e) "Mississippi-Yazoo Delta Levee Board lands legally leased," meaning a legal lease of lands owned in fee title by the Mississippi-Yazoo Delta Levee Board, an agency of the State of Mississippi, for a period of five (5) years or more, with the option of renewal for successive periods of five (5) years, to a person, individually or in joint tenancy, who is the head of a family and is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law. This exemption shall include all leases in existence that were entered into prior to July 1, 1992.

(f) If title is held by deed or other grant, such instrument shall be dated and acknowledged on or before January 1 of the year for which homestead exemption is applied and shall be filed for record with the chancery clerk on or before January 7 of the year for which homestead exemption is applied and the book and page, or properly assigned unique identification number, of such recordation shall be noted on the application. If title is held by will, inheritance, adverse possession or any means other than grant, same may be proved by affidavit, citation of any court record, or such other evidence as may be required by the commission. However, nothing shall prevent homestead exemptions where it shall be shown that title was derived through inheritance and the recording evidence otherwise necessary was later recorded.

(g) "Fraternal or benevolent organization land legally leased," meaning a legal lease of land from any fraternal or benevolent organization owning land exempt from ad valorem taxation under the provisions of Section 27-31-1, leased for ten (10) years or more or for life, the owner of which lease is a head of a family who is entitled to and does occupy and uses the property as a home, and who renders the property for assessment and pays the tax thereon, as required by law. This paragraph shall not apply to any leased land if the dwelling located thereon is owned by the fraternal or benevolent organization.

(h) "A remainder interest in the dwelling and eligible land," meaning an interest held by the children of a testator in a dwelling and the eligible land on which it is located, created by the express terms of the will of the testator, in which the children of the testator are granted the use of property only upon the death or remarriage of the spouse of the testator or the occurrence of certain other contingencies and such dwelling and the eligible land on which it is located is assessed for taxation to the children of the testator and on which dwelling and eligible land the children of the testator pay the taxes thereon, as required by law.

(i) "Old School for the Blind land legally subleased," meaning a legal sublease of lands pursuant to Section 1 of Chapter 558, Laws of 2010, subleased for a period of twenty (20) years or more, the owner of which lease is a head of a family who is entitled to and does occupy and use the property as a home, and who renders the property for assessment and pays the taxes thereon, as required by law.

SECTION 3. Section 93-13-41, Mississippi Code of 1972, is amended as follows:

93-13-41. A guardian shall not commit waste on the real estate of his ward. A guardian having real estate under his care may either cultivate the same with the stock and implements belonging to his ward, or to be purchased by the order of the court or chancellor in vacation, with the money of the ward * * *.

SECTION 4. Section 55-21-9, Mississippi Code of 1972, is brought forward as follows:

55-21-9. The board shall possess the following powers, duties and responsibilities:

(a) The board shall acquire, construct, equip, operate and maintain the district zoological park and garden at a site to be selected by the board. Prior to selection of the site, the board shall prepare a comprehensive plan for site location and development. The zoological district may acquire by gift, purchase or condemnation a site for the zoological park and garden. The district zoological park and garden shall consist of adequate facilities and structures for the collection, habitation, preservation, care, exhibition, examination or study of wild and domestic animals, including, but not limited to, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board may provide such lands, buildings and equipment as it deems necessary for parking, transportation, entertainment, education or instruction of the public in connection with such zoological park and garden.

(b) The board is hereby authorized to acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of this chapter and otherwise in accordance with the provisions of law. The board is further authorized to sell, convey, assign, mortgage or lease any interest in real estate which has been purchased, donated, bequeathed or devised to the zoological district but which is not suitable for a zoo park and such interest may include, but shall not be limited to, fee simple interests and life estates.

The board is hereby authorized and empowered, in its discretion, to lease land on a yearly basis.

Before such real estate is sold, conveyed, assigned, purchased or leased, the fair market value of such real estate shall be determined by the averaging of at least three (3) appraisals by Mississippi members of the American Institute of Real Estate Appraisers. Such appraisals shall be paid for by the board.

The board shall not sell, convey, assign or lease any interest in real property which it has acquired from the State of Mississippi. There shall be no appraisal required for real property leased from the state for use in a district zoological park.

The board is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys to conduct the above described transactions. The board is authorized to obtain title insurance on property purchased if, in the opinion of the board, the best interests of the zoological district would be served.

(c) The board may conduct research studies and programs, collect and analyze data and prepare reports, maps, charts and other information relating to the zoological park and garden, or any wild or domestic animals, or may contract for any of such services without complying with the requirements of competitive bidding.

(d) The board may appoint an advisory committee consisting of persons who are members of zoological societies or who have shown a background or interest in such societies or zoo management.

(e) The board may accept and use gifts, grants or contributions from any source.

(f) The board may enact regulations governing the efficient protection of the zoological park and garden and related facilities and the conduct of persons entering therein.

(g) The board shall comply with all state and federal laws and any rules or regulations prescribed by any agency of the state and federal government relating to the quarantine, transportation, examination, habitation, care and treatment of wild animals.

(h) The board shall have all powers necessary or convenient to discharge the duties imposed upon it by law, and to operate the zoological park and garden in the manner which will best serve the public.

(i) The board shall report to the governing authorities of the participating municipalities and the board of supervisors of participating counties each year on the activities of the board and the operation of the zoological park and garden. These entities shall evaluate the activities of the board and the operation of the zoological park and garden.

SECTION 5. Section 89-7-9, Mississippi Code of 1972, is brought forward as follows:

89-7-9. When a tenant for life who shall have demised lands, shall die on or after the day when any rent became payable, his executor or administrator may recover from the under-tenant the whole rent due; and if he die before the day when any rent is to become due, he may recover the proportion of the rent which accrued before the time of the death of the tenant. The tenant for the life of another, his executor or administrator, in case of the death of the person for whose life the estate is held, on or before the day when any rent shall become due shall have like remedy; and a like apportionment shall be made in the case of annuities.

SECTION 6. This act shall take effect and be in force from and after July 1, 2016.