House Bill 1236

AN ACT TO AMEND SECTION 89-1-23, MISSISSIPPI CODE OF 1972, TO PROHIBIT ALIENS AND GOVERNMENTS OF FOREIGN COUNTRIES FROM ACQUIRING TITLE TO, TAKING OR HOLDING ANY LAND, LEASEHOLD INTEREST, OR REAL ESTATE IN THE STATE OF MISSISSIPPI BY DESCENT, DEVISE, PURCHASE OR OTHERWISE; TO BRING FORWARD SECTION 11-31-1, MISSISSIPPI CODE OF 1972, WHICH RELATES TO ATTACHMENT IN CHANCERY AGAINST NONRESIDENTS, ABSENT OR ABSCONDING DEBTORS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 11-39-3, MISSISSIPPI CODE OF 1972, WHICH RELATES TO METHOD OF PROCEEDINGS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 85-3-41, MISSISSIPPI CODE OF 1972, WHICH RELATES TO EXEMPT PROPERTY AND HOMESTEAD ALLOTMENT, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 89-1-23, Mississippi Code of 1972, is amended as follows:

89-1-23. * * * Except as otherwise provided in this section, aliens and governments of foreign countries are prohibited from acquiring title to, taking, or holding any land, leasehold interest, or real estate in the State of Mississippi by descent, devise, purchase or otherwise. All land held or acquired contrary to this section shall escheat to the state; but a title to real estate in the name of a citizen of the United States, * * * if he or she be a purchaser or holder, shall not be forfeited or escheated by reason of the alienage of any former owner or other person.

Any person who was or is a citizen of the United States and became or becomes an alien by reason of marriage to a citizen of a foreign country, may hereafter inherit, or if he or she * * * ~~heretofore~~ inherited or acquired or hereafter inherits, may hold, own, transmit by descent or transfer land free from any escheat to the State of Mississippi, if said land has not heretofore escheated by final valid order or decree of a court of competent jurisdiction.

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* * * The limitation set forth in this paragraph shall not apply to corporations in which the stock thereof is partially or wholly owned by nonresident aliens; and title to real estate acquired by, and held in the name of, any corporation, limited partnership, general partnership, limited liability partnership, limited liability company, joint venture, joint stock company or business trust organized and existing under the laws of the State of Mississippi or of any other state or the federal laws of the United States of America for purposes of development thereon of one or more projects, as defined in Section 57 75 5(f)(xxxi), shall not be forfeited or escheated by reason of the alienage of any former owner or other person if said land has not heretofore escheated to the State of Mississippi by final valid order or decree of a court of competent jurisdiction.

SECTION 2. Section 11-31-1, Mississippi Code of 1972, is brought forward as follows:

11-31-1. The chancery court shall have jurisdiction of attachment suits based upon demands founded upon any indebtedness, whether the same be legal or equitable, or for the recovery of damages for the breach of any contract, express or implied, or arising ex delicto against any nonresident, absent or absconding debtor, who has lands and tenements within this state, or against any such debtor and persons in this state who have in their hands effects of, or are indebted to, such nonresident, absent or absconding debtor. The court shall give a decree in personam against such nonresident, absent or absconding debtor if summons has been personally served upon him, or if he has entered an appearance.

SECTION 3. Section 11-39-3, Mississippi Code of 1972, is brought forward as follows:

11-39-3. The proceedings in the cases set forth in Section 11-39-1 shall be by complaint, in the name of the state, by the Attorney General or a district attorney, on his own motion or on relation of another, and, in a case to try the right to an office, on the relation of the claimant thereof. The complaint shall be filed in the circuit court of the county of the residence of the defendant; or, in the case of an officer, where he acts as such; or, in case of a corporation or pretended corporation, where its principal office or place of business may be or where it may transact any business and has an agent; or, in case of an alien or corporation acquiring or holding land contrary to law, where any of the land is situated.

SECTION 4. Section 85-3-41, Mississippi Code of 1972, is brought forward as follows:

85-3-41. If a defendant be dissatisfied with the allotment, he may make affidavit before the sale, which affidavit may be made before the officer having the execution, that he verily believes it to be incorrect, specifying wherein he believes it so, and the officer shall suspend the sale of so much as the defendant so claims, and return the affidavit with the execution to the court to which it is returnable; and a summons shall issue for plaintiff, or, if he be a nonresident of this state, for his attorney of record in the case, if he have one; and if he be nonresident, and have no attorney in this state, publication may be made as in other cases; and when the process shall have been returned executed, or publication made, an issue shall be made up, and like proceeding had as when the plaintiff had filed an affidavit of dissatisfaction; and if the issue, in whole or in part, be found in favor of defendant, judgment shall be entered accordingly, and execution may go according to the judgment.

SECTION 5. This act shall take effect and be in force from and after July 1, 2023.