MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Dawkins
AN ACT TO AMEND SECTION 11-51-77, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE AMOUNT OF THE APPEAL BOND REQUIRED FOR AN APPEAL FROM A DECISION BY A BOARD OF SUPERVISORS OR MUNICIPAL AUTHORITIES AS TO THE ASSESSMENT OF TAXES SHALL BE NOT LESS THAN $100.00 NOR MORE THAN $10,000.00; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-51-77, Mississippi Code of 1972, is amended as follows:
11-51-77. (1) Any person
aggrieved by a decision of the board of supervisors or the municipal
authorities of a city, town or village, as to the assessment of taxes, may,
within ten (10) days after the adjournment of the meeting at which such
decision is made, appeal to the circuit court of the county, upon giving bond,
with sufficient sureties, in * * * the amount of the matter in dispute,
but * * * not
less than One Hundred Dollars ($100.00) nor more than Ten Thousand Dollars
($10,000.00), payable to the state, and conditioned to perform the judgment
of the circuit court, and to be approved by the clerk of such board or
municipality, who, upon the filing of such bond, shall make a true copy of
any papers on file relating to such controversy, and file such copy certified
by him, with said bond, in the office of the clerk of the circuit court, on or
before its next term. The controversy shall be tried anew in the circuit court
at the first term, and be a preference case, and, if the matter * * * is decided against the person who
appealed, judgment shall be rendered on the appeal bond for damages at the rate
of ten percent (10%) on the amount in controversy and all costs. If the matter * * * is decided in favor of the person who
appealed, judgment in his favor shall be certified to the board of supervisors,
or the municipal authorities, as the case may be, which shall conform thereto,
and shall pay the costs.
(2) A political subdivision may appeal an assessment of taxes as provided in this subsection (2). Only the county attorney, the district attorney, or the Attorney General, if the state, county or municipality be aggrieved by a decision of the board of supervisors or the municipal authorities of a city, town, or village as to the assessment of taxes, may, within twenty (20) days after the adjournment of the meeting at which such decision is made, or within twenty (20) days after the adjournment of the meeting at which the assessment rolls are corrected in accordance with the instructions of the Department of Revenue, or within twenty (20) days after the adjournment of the meeting of the board of supervisors at which the approval of the roll by the Department of Revenue is entered, appeal to the circuit court of the county in like manner as in the case of any person aggrieved as provided in subsection (1) of this section, except no bond shall be required, and such appeal may be otherwise governed by the provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.