MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary A
By: Representatives Powell, Yates, Mansell, Varner, Felsher, Ford (73rd), Foster, McMillan, Newman, Shanks, Wallace, Yancey, Zuber, Sanford
AN ACT TO CREATE THE "REAL PROPERTY OWNERS PROTECTION ACT"; TO DEFINE SQUATTING; TO OUTLINE THE PROCESS TO REMOVE A SQUATTER; TO PROVIDE A FORM FOR THE SUMMONS TO THE ALLEGED SQUATTER; TO PRESCRIBE THE PROCEDURE FOR THE HEARING TO DETERMINE WHETHER A PERSON IS A SQUATTER; TO REQUIRE A WARRANT OF REMOVAL FOR SQUATTERS; TO PROVIDE PENALTIES FOR FALSE COMPLAINTS OF SQUATTING; TO AMEND SECTION 15-1-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ADVERSE POSSESSION DOES NOT PROVIDE SQUATTERS' RIGHTS; TO DEFINE SQUATTER; TO AMEND SECTIONS 15-1-7, 15-1-9, 15-1-15 AND 15-1-3, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS OF LAW THAT REGULATE RECOVERY OF LAND UPON ENTRY; TO AMEND SECTIONS 89-8-3, 89-8-7 AND 89-7-5, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS OF LAW THAT REGULATE LANDLORD TENANT AGREEMENTS TO THIS ACT; TO AMEND SECTION 97-21-7, MISSISSIPPI CODE OF 1972, TO INCREASE PENALTIES FOR FORGERY OF FALSE CONVEYANCES; TO REPEAL SECTION 15-3-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDED FOR EXCEPTIONS TO FALSE CONVEYANCES; TO BRING FORWARD SECTION 97-21-33, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PENALTIES FOR FORGERY, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 97-21-63, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PENALTIES FOR FALSE CERTIFICATION OF ANY DEED SHALL BE SUPPLEMENTAL TO THE PENALTIES PROVIDED BY THIS ACT; TO AMEND SECTION 97-19-51, MISSISSIPPI CODE OF 1972, TO INCREASE PENALTIES FOR KNOWINGLY SELLING PROPERTY WITH A LIEN; TO AMEND SECTION 15-1-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY TO RECOVER LAND WITHIN 10 YEARS; TO AMEND SECTION 15-1-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ADVERSE POSSESSION SHALL NEVER VEST COMPLETE TITLE; TO AMEND SECTION 15-3-1, MISSISSIPPI CODE OF 1972, TO UPDATE THE PROVISIONS OF THE CODE SECTION; TO BRING FORWARD SECTION 89-5-13, MISSISSIPPI CODE OF 1972, WHICH REGULATES DEFECTIVE CONVEYANCE INSTRUMENTS, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 95-5-29, MISSISSIPPI CODE OF 1972, TO REVISE WHEN ACTIONS FOR FORGERY CAN BE BROUGHT; TO AMEND SECTION 95-5-25, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR INTENTIONALLY SETTING FIRE TO LANDS; TO AMEND SECTION 97-17–85, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR TRESPASS TO ENCLOSED PROPERTY; TO PROVIDE THAT ANY PERSON WHO COMMITS TRESPASS FOR ANY PERIOD OF TIME WITHOUT THE AUTHORITY OF THE OWNER SHALL NOT ACCRUE RIGHTS TO THE PROPERTY; TO PROVIDE THAT THE RIGHT TO MANAGE, CONTROL OR RECEIVE PAYMENTS FOR ANY USE OF REAL PROPERTY SHALL ONLY BELONG TO THE OWNER OF THE PROPERTY OR A PERSON DESIGNATED BY THE OWNER FOR SUCH PURPOSES; TO PROVIDE ADDITIONAL REMEDIES TO LAND OWNERS BY AUTHORIZING AN AMOUNT EQUAL TO THE VALUE LOST TO THE OWNER FOR ANY RENTAL, MORTGAGE OR LEASE FEES THE OWNER COULD HAVE CHARGED DURING A TRESPASSER'S FAILURE TO EXIT AS A REQUIRED ADDITION TO ANY FINES; TO PROVIDE DEFINITIONS FOR SUCH ACT; TO AMEND SECTION 97-17-103, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION OF LIABILITY OF LANDOWNERS TO TRESPASSERS BY INCLUDING SQUATTERS; TO AMEND SECTION 97-17-93, MISSISSIPPI CODE OF 1972, TO INCREASE THE FINE FOR TRESPASSING; TO AMEND SECTION 97-17-97, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Real Property Owners Protection Act".
SECTION 2. (1) (a) "Agent" means any person who contracts with the owner to assume all rights and duties of the owner or landlord or is given written authority by the owner to assume all rights and duties of the owner or landlord.
(b) "Owner" means the person listed on the deed in the chancery court of the county in which the premises is located.
(c) "Squatter" means and includes (a) a trespasser who remains on the premises for an indefinite period of time; or (b) any person who was invited by a tenant, but remains on the premises after the tenant's rental agreement has ended. A squatter shall not have the same rights or eviction process as a tenant as defined in Section 89-7-1 et seq. and Section 89-8-1 et seq.
(d) "Tenant" means the same as provided in Section 89-7-1 et seq. and Section 89-8-1 et seq.
(2) (a) Notwithstanding any other provision of law to the contrary, any person who commits the crime of trespass or otherwise enters or remains on another person's property for a short period of time or an indefinite period of time without the authority or consent of the owner or without the authority or consent of a person designated by the owner, shall not accrue any property rights based on the trespass or unauthorized entrance regardless of the time the person remains on the property.
(b) The right to manage, control or receive payments for any use of real property shall only belong to the owner of the property or an agent designated by the owner for such purposes.
(3) (a) A person commits the crime of squatting when he or she trespasses onto property or is invited onto property and remains on the property without the consent or authority of the owner or an agent of the owner after written notification to leave the premises by the owner or an agent of the owner or the law enforcement agency of the municipality, county or political subdivision in which the property is located.
(b) To commence the process to expel a squatter, the owner of the property or his or her agent shall file a sworn affidavit with the law enforcement agency of the municipality, county or political subdivision in which the property is located. The affidavit shall include:
(i) The address of the property in question;
(ii) The name and address of the person filing, and whether such person is the owner or an agent of the owner of the property;
(iii) Any documentation supporting the affidavit of squatting; and
(c) No more than twenty-four (24) hours after the filing of the sworn affidavit, the law enforcement agency shall issued a citation upon the alleged squatter in possession of the identified premises or claiming possession thereof. The citation shall command such person to immediately vacate the premises or to notify the municipal or justice court, as applicable, no more than three (3) consecutive days after receipt of the citation that he or she wishes to show cause why he or she is not squatting and should continue in possession of the property. If the alleged squatter fails to notify the municipal or justice court of his or her intent to challenge the charge of squatting within the prescribed time period of three (3) days, the squatter shall be subject to immediate removal from property by the law enforcement agency of the municipality, county or political subdivision in which the property in question is located. No writ of removal shall be required for such removal. The owner, his or her agent, nor the law enforcement agency shall be liable for any damage to the squatter's personal property.
In addition to the information required by this subsection and the applicable Mississippi Rules of Court, the citation shall state:
"You are being cited for squatting and required to vacate the premises. If you choose to contest the allegation of squatting, you must notify your municipal or justice court that you will contest the allegations in no more than three (3) consecutive business days from the date you receive this citation. If you do not choose to contest the allegation of squatting, you must vacate the property within twenty-four (24) hours from the date you receive this citation. Failure to vacate the property when you choose not to contest the allegation of squatting shall result in your immediate removal and the immediate removal of all of your personal property. No writ of removal shall be required for such removal. The owner, nor any agent of the owner or the law enforcement officer that removes you or your personal property shall be liable for any damages associated with the removal. At the hearing, the judge will determine if you are a squatter and required to vacate, or if you are entitled to possession of the premises.
If you are found to be a squatter, then you will have no more than twenty-four (24) hours from the date of the judgment to move out, unless a shorter period of time for vacating the premises is ordered because of an emergency or other compelling circumstances.
If you are a squatter, criminal and civil penalties may be assessed against you, and you shall vacate the premises by the court-ordered move-out date.
If you move out by the date ordered by the court, leaving personal property behind, then the owner or his or her agent may dispose of such abandoned property without further notice.
If you do not move out by the date and time ordered by the court, the owner or his or her agent can have you removed or arrested by law enforcement, after which time you will lose your authority to remove any items remaining on the premises.
The owner or his or her agent may remove any personal property remaining on the premises in any manner determined best by the owner or his or her agent. You may only retrieve your personal property if the owner or his or her agent approves retrieval, but neither the owner nor his or her agent will be obligated to preserve the personal property upon removal."
(d) Upon receipt by the municipal or justice court, as applicable, of notice to show cause from an alleged squatter within three (3) days of issuance of a citation for squatting, the court shall set a hearing to determine whether the allegation of squatting is true. The standard shall be a preponderance of the evidence. The hearing shall be set no later than seven (7) days from the date the court receives notice of the alleged squatter's intent to challenge the squatting citation.
(4) (a) The hearing to determine whether the person is a squatter shall be held no more than seven (7) days from the date on which the citation is issued.
(b) If a judgment to vacate is granted, then the judge shall order the squatter to vacate the premises no more than twenty-four (24) hours from the date of the judgment, unless the court finds that a shorter period of time is justified because of an emergency or other compelling circumstances. Circumstances that justify setting the move-out date less than twenty-four (24) hours from the date of the judgment, include, but are not limited to:
(i) The squatter has committed acts that materially affect health or safety; or
(ii) The squatter poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises.
Prior to the court-ordered move-out date, the squatter shall have access to the premises to remove all personal property. If the squatter moves out by the date ordered by the court, leaving personal property behind, then the owner may dispose of such abandoned property without further notice.
(c) After the court-ordered move-out date, the owner or his or her agent shall contact the law enforcement agency of the municipality, county or political subdivision in which the property is located, to immediately remove the person and his or her personal property and put the owner or the agent of the owner in full possession of the property. No writ of removal shall be required for such removal. The owner, his or her agent, nor the law enforcement agency shall be liable for any damage to the squatter's personal property.
(5) (a) During the hearing to determine whether a person is a squatter, the owner or his or her agent shall provide documentation asserting his or her right to possess the property in question. The standard for the hearing shall be a preponderance of the evidence. If the owner filed the complaint and presents a certified copy of the deed that shows him or her as the owner of record, the court shall declare the person who is the subject of the affidavit a squatter and issue a judgment of possession in favor of the owner in accordance with this act.
(b) If the person filing the complaint is not the owner but presents documentation that proves the person in possession is not the owner, a tenant of the property or any other person with a right to remain on the premises, the court shall declare the person to be a squatter and issue a warrant for removal as provided in this act.
(c) (i) If the court determines that the person in possession is not a squatter, he or she shall remain on the property.
(ii) If the court determines that the person who filed the complaint intentionally made false statements, the person shall be guilty of a misdemeanor and fined in an amount equal to triple all costs and fees accrued by the person who is the subject of the affidavit and may be imprisoned in the county jail for up to six (6) months, or both.
(d) The court shall award attorney's fees and an amount equal to the costs incurred as a result of the hearing to the prevailing party, in addition to any other monies the court finds necessary.
SECTION 3. Section 15-1-13, Mississippi Code of 1972, is amended as follows:
15-1-13. (1) Ten (10) years' actual adverse possession by any person claiming to be the owner for that time of any land, uninterruptedly continued for ten (10) years by occupancy, descent, conveyance, or otherwise, in whatever way such occupancy may have commenced or continued, shall vest in every actual occupant or possessor of such land a full and complete title, saving to persons under the disability of minority or unsoundness of mind the right to sue within ten (10) years after the removal of such disability, as provided in Section 15-1-7. However, the saving in favor of persons under disability of unsoundness of mind shall never extend longer than thirty-one (31) years.
(2) For claims of adverse possession not matured as of July 1, 1998, the provisions of subsection (1) shall not apply to a landowner upon whose property a fence or driveway has been built who files with the chancery clerk within the ten (10) years required by this section a written notice that such fence or driveway is built without the permission of the landowner. Failure to file such notice shall not create any inference that property has been adversely possessed. The notice shall be filed in the land records by the chancery clerk and shall describe the property where said fence or driveway is constructed.
(3) (a) The provisions of this section shall not be construed to authorize squatters' rights or any other rights that are not specifically described in this section.
(b) A squatter shall not have the same rights or eviction process as a tenant, nor more rights or more leniency for eviction than a tenant as the term is defined in Section 89-7-1 et seq., and Section 89-8-1 et seq.
SECTION 4. Section 15-1-7, Mississippi Code of 1972, is amended as follows:
15-1-7. A person may not make an entry or commence an action to recover land except within ten (10) years next after the time at which the right to make the entry or to bring the action shall have first accrued to some person through whom he or she claims, or, if the right shall not have accrued to any person through whom he or she claims, then except within ten (10) years next after the time at which the right to make the entry or bring the action shall have first accrued to the person making or bringing the same. However, if, at the time at which the right of any person to make an entry or to bring an action to recover land shall have first accrued, such person shall have been under the disability of infancy or unsoundness of mind, then such person or the person claiming through him or her may, notwithstanding that the period of ten (10) years hereinbefore limited shall have expired, make an entry or bring an action to recover the land at any time within ten (10) years next after the time at which the person to whom the right shall have first accrued shall have ceased to be under either disability, or shall have died, whichever shall have first happened. However, when any person who shall be under either of the disabilities mentioned, at the time at which his or her right shall have first accrued, shall depart this life without having ceased to be under such disability, no time shall be allowed, by reason of the disability of any other person, to make an entry or to bring an action to recover the land beyond the period of ten (10) years next after the time at which such person shall have died. The provisions of this section shall not be construed to authorize squatters' rights as the term is defined in Section 15-1-13 or any other rights that are not specifically authorized in this section.
SECTION 5. Section 15-1-9, Mississippi Code of 1972, is amended as follows:
15-1-9. A person claiming land in equity may not bring suit to recover the same except within the period during which, by virtue of Section 15-1-7, he might have made an entry or brought an action to recover the same, if he had been entitled at law to such an estate, interest, or right in or to the same as he shall claim therein in equity. However, in every case of a concealed fraud, the right of any person to bring suit in equity for the recovery of land, of which he or any person through whom he claims may have been deprived by such fraud, shall be deemed to have first accrued at and not before the time at which the fraud shall, or, with reasonable diligence might, have been first known or discovered. The provisions of this section shall not be construed to authorize squatters' rights as the term is defined in Section 15-1-13 or any other rights that are not specifically authorized in this section.
SECTION 6. Section 15-1-15, Mississippi Code of 1972, is amended as follows:
15-1-15. Actual occupation for three (3) years, after two (2) years from the day of sale of land held under a conveyance by a tax collector in pursuance of a sale for taxes, shall bar any suit to recover such land or assail such title because of any defect in the sale of the land for taxes, or in any precedent step to the sale, saving to minors and persons of unsound mind the right to bring suit within such time, after the removal of their disabilities, and upon the same terms as is provided for the redemption of land by such persons. The provisions of this section shall not be construed to authorize squatters' rights as the term is defined in Section 15-1-13 or any other rights that are not specifically authorized in this section.
SECTION 7. Section 15-1-3, Mississippi Code of 1972, is amended as follows:
15-1-3. (1) The completion of the period of limitation prescribed to bar any action, shall defeat and extinguish the right as well as the remedy. However, the former legal obligation shall be a sufficient consideration to uphold a new promise based thereon.
(2) In any case founded on a debt, when any part of the debt shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, the statute of limitations not having run, an action may be brought in such case within the period prescribed for the same, with the said period to begin after such payment, acknowledgment or promise. The provisions of this section shall not be construed to authorize squatters' rights as the term is defined in Section 15-1-13 or any other rights that are not specifically authorized in this section.
SECTION 8. Section 89-8-3, Mississippi Code of 1972, is amended as follows:
89-8-3. (1) This chapter shall apply to, regulate and determine rights, obligations and remedies under any rental agreement entered into after July 1, 1991, wherever made, for a dwelling unit located within this state. Any rights, obligations, or remedies at law or in equity not prohibited by this chapter remain available to residential landlords and tenants. The provisions of this chapter shall not be construed to give rights to any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the landlord's knowledge or permission.
(2) The following arrangements are not governed by this chapter:
(a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(c) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(d) Transient occupancy in a hotel, motel or lodgings;
(e) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
(f) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes or when the occupant is performing agricultural labor for the owner and the premises are rented for less than fair rental value.
SECTION 9. Section 89-8-7, Mississippi Code of 1972, is amended as follows:
89-8-7. (1) As used in this chapter, the following terms shall have the meaning ascribed herein unless the context requires otherwise:
(a) "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, construction, maintenance, operation, occupancy or use of any premises or dwelling unit.
(b) "Court" means a justice court, a county court or a circuit court.
(c) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household.
(d) "Good faith" means honesty in fact in the conduct of the transaction concerned and observation of reasonable community standards of fair dealing.
(e) "Judge" means a justice court judge, a county court judge or a circuit court judge.
(f) "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, or the agent representing such owner, lessor or sublessor.
(g) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.
(h) "Owner" means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.
(i) "Premises" means a dwelling unit and the structure of which it is a part, facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.
(j) "Possession judgment" means a judgment granting the landlord exclusive possession of the premises pursuant to this chapter.
(k) "Rent" means all payments to be made to the landlord under the rental agreement, including any late fees that are required to be paid under the rental agreement by a defaulting tenant.
(l) "Rental agreement" means all written or oral agreements for a dwelling unit located within this state that are subject to this chapter.
(m) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and shall not include any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the landlord's knowledge or permission.
(n) "Qualified tenant management organizations" means any organization incorporated under the Mississippi Nonprofit Corporation Act, a majority of the directors of which are tenants of the housing project to be managed under a contract authorized by this section and which is able to conform to standards set by the United States Department of Housing and Urban Development as capable of satisfactorily performing the operational and management functions delegated to it by the contract.
(2) For purposes of giving any notice required under this chapter, notice given to the agent of the landlord is equivalent to giving notice to the landlord. The landlord may contract with an agent to assume all the rights and duties of the landlord under this chapter; provided, however, that such a contract does not relieve the landlord of ultimate liability in regard to such rights and duties.
SECTION 10. Section 89-7-5, Mississippi Code of 1972, is amended as follows:
89-7-5. (1) Where there is no contract, or where the agreement is not in writing, a landlord may maintain an action to recover a reasonable satisfaction for the use and occupation of the lands held and enjoyed by another. If on the trial of such action there appear in evidence any demise or agreement the plaintiff shall not on that account be nonsuited, but may make use thereof as evidence of the amount to be recovered.
(2) The provisions of this chapter shall not be construed to give rights to any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the owner's knowledge, permission, agreement or contract with the owner.
SECTION 11. Section 97-21-7, Mississippi Code of 1972, is amended as follows:
97-21-7. If any officer authorized to take the proof or acknowledgment of any conveyance of real or personal estate, or of any other instrument which by law may be recorded, shall willfully and falsely certify that any such conveyance or instrument was acknowledged by any party thereto, when in truth such acknowledgment was not made, or that any such instrument or conveyance was proved, when in truth such proof was not made, he shall, upon conviction, be guilty of forgery and punished as provided in Section 97-21-33. The penalties provided in Section 97-21-33 may be supplemental to any other penalties provided by law.
SECTION 12. Section 15-3-5, Mississippi Code of 1972, which provides exceptions to fraudulent conveyances, is repealed.
SECTION 13. Section 97-21-33, Mississippi Code of 1972, is brought forward as follows:
97-21-33. (1) Except as provided in subsection (2) of this section for offenses under Sections 97-21-13, 97-21-15, 97-21-17 and 97-21-23, a person convicted of forgery shall be punished as follows:
(a) When the amount of value involved is under One Thousand Dollars ($1,000.00), by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both. A person convicted of a third or subsequent offense under this paragraph (a), where the value of the property is not less than Five Hundred Dollars ($500.00), shall be punished by imprisonment in the Penitentiary for a term not exceeding three (3) years or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
(b) When the amount of value involved is One Thousand Dollars ($1,000.00) or more but less than Five Thousand Dollars ($5,000.00), by imprisonment in the Penitentiary for a term not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(c) When the amount of value involved is Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the Penitentiary for a term not exceeding ten (10) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(d) When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment in the Penitentiary for a term not exceeding twenty (20) years, or be fined not more than Ten Thousand Dollars ($10,000.00), or both.
(2) A person convicted of forgery under any of the following: Section 97-21-13, relating to counterfeiting of currency or treasury notes of the United States; Section 97-21-15, relating to the counterfeiting of currency of a foreign government; Section 97-21-17, relating to possession of counterfeited currency; or Section 97-21-23, relating to engraving or possessing a plate to counterfeit certain notes, bills, drafts, checks and other evidence of debt, shall be guilty of a felony and shall be punished as follows:
(a) When the amount of value involved is less than Five Thousand Dollars ($5,000.00), by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(b) When the amount of value involved is Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(c) When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment for a term not exceeding twenty (20) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(3) The total value of the forgery by the person from a single victim shall be aggregated in determining the gravity of the offense.
SECTION 14. Section 97-21-63, Mississippi Code of 1972, is amended as follows:
97-21-63. Every person who shall be convicted of having forged, counterfeited, or falsely altered any will of real or personal property, or any deed or other instrument, being or purporting to be the act of another by which any right or interest in real or personal property shall be or purport to be transferred, conveyed, or in any way changed or affected; or any certificate or indorsement of the acknowledgment of any person of any deed or other instrument which by law may be recorded, made or purporting to have been made by any officer duly authorized to make such certificate or indorsement; or any certificate of the proof of any deed or other instrument which by law may be recorded, made or purporting to have been made by any officer duly authorized to make such certificate, with intent to defraud, shall be guilty of forgery and punished as provided in Section 97-21-33. The penalties provided in Section 97-21-33 may be supplemental to any other penalties provided by law.
SECTION 15. Section 97-19-51, Mississippi Code of 1972, is amended as follows:
97-19-51. If any person shall sell, barter, or exchange or mortgage, or give deed of trust on, any property, real or personal, which he had before sold, bartered, or exchanged, or obligated himself to sell, barter, or exchange, or which he had mortgaged, or in any manner encumbered, or on which he knows there is a lien of any kind by contract or by law, without informing the person to whom he so sells, barters, exchanges, or bargains, or mortgages or gives deed of trust on it, of the exact state of the property as affected by said acts or of the lien or incumbrance thereon, he shall be guilty of obtaining under false pretenses whatever he received from the person dealing with him, and shall, on conviction, be punished therefor, as for obtaining goods under false pretenses shall be guilty of a felony, and upon conviction imprisoned in the custody of the Department of Corrections for no less than two (2) years, and fined an amount equal to all monies paid to the offender for any rental, mortgage or lease fees charged during the entire time that the offender unlawfully received monies for the property.
SECTION 16. Section 15-1-7, Mississippi Code of 1972, is amended as follows:
15-1-7. A person may not
make an entry or commence an action to recover land against any owner after
any amount of time. * * *except within ten (10) years next after the time at which the right to
make the entry or to bring the action shall have first accrued to some person
through whom he or she claims, or, if the right shall not have accrued to any
person through whom he or she claims, then except within ten (10) years next after
the time at which the right to make the entry or bring the action shall have
first accrued to the person making or bringing the same. However, if, at the
time at which the right of any person to make an entry or to bring an action to
recover land shall have first accrued, such person shall have been under the
disability of infancy or unsoundness of mind, then such person or the person
claiming through him or her may, notwithstanding that the period of ten (10)
years hereinbefore limited shall have expired, make an entry or bring an action
to recover the land at any time within ten (10) years next after the time at
which the person to whom the right shall have first accrued shall have ceased
to be under either disability, or shall have died, whichever shall have first
happened. However, when any person who shall be under either of the
disabilities mentioned, at the time at which his or her right shall have first
accrued, shall depart this life without having ceased to be under such
disability, no time shall be allowed, by reason of the disability of any other
person, to make an entry or to bring an action to recover the land beyond the
period of ten (10) years next after the time at which such person shall have
died.
SECTION 17. Section 15-1-13, Mississippi Code of 1972, is amended as follows:
15-1-13. * * * Ten (10) years' actual adverse possession
by any person claiming to be the owner for that time of any land,
uninterruptedly continued for ten (10) years by occupancy, * * * conveyance, or otherwise, in whatever
way such occupancy may have commenced or continued, shall never vest in * * *
any person full and complete title * * *.
* * *
SECTION 18. Section 15-3-1, Mississippi Code of 1972, is amended as follows:
15-3-1. An action shall not be brought whereby to charge a defendant or other party:
(a) Upon any special promise to answer for the debt or default or miscarriage of another person;
(b) Upon any agreement made upon consideration of marriage, mutual promises to marry excepted;
(c) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year;
(d) Upon any agreement which is not to be performed within the space of fifteen (15) months from the making thereof; or
(e) Upon any special promise by an executor or administrator to answer any debt or damage out of his or her own estate; unless, in each of said cases, the promise or agreement upon which such action may be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith or signed by some person by him or her thereunto lawfully authorized in writing.
SECTION 19. Section 89-5-13, Mississippi Code of 1972, is brought forward as follows:
89-5-13. (1) Concerning an interest in land, whenever an instrument of conveyance (including but not limited to a deed of trust or assignment), release, termination or cancellation which contains a defective acknowledgement has been of record seven (7) years or more in the land records of the county in which the said land is located, the acknowledgment shall be good without regard to the form of the certificate of acknowledgment.
(2) Any such instrument which has been of record for ten (10) years and which bears no acknowledgement shall likewise be treated as if properly acknowledged.
SECTION 20. Section 95-5-29, Mississippi Code of 1972, is amended as follows:
95-5-29. An action for the
remedies and penalties provided by Section 95-5-10 may be prosecuted in any
court of competent jurisdiction within twenty-four (24) months from the time
the injury was committed * * *and not after. All other actions for any specific penalty
given by this chapter may be prosecuted in any court of competent jurisdiction
within twelve (12) months from the time the injury was committed * * *; and a recovery of any penalty
herein given shall not be a bar to any action for further damages, or to any
criminal prosecution for any such offense as herein enumerated. A party, if he
so elect, may, under any of the provisions of this chapter, claim less than the
penalty given.
SECTION 21. Section 95-5-25, Mississippi Code of 1972, is amended as follows:
95-5-25. If any person
shall set on fire any lands of another, or shall wantonly, negligently, or
carelessly allow any fire to get into the lands of another, he shall be liable
to the person injured thereby, not only for the injury to or destruction of
buildings, fences, and the like, but for the burning and injury of trees,
timber, and grass, and damage to the range as well; and shall moreover be * * * fined in favor of the owner in an amount equal
to the value of property burned or injured. The person shall also be guilty of
a misdemeanor if the value of the property burned or injured is One Thousand
Dollars ($1,000.00) or less. The person shall be guilty of a felony if the
value of the property burned or injured is more than One Thousand Dollars
($1,000.00).
SECTION 22. Section 97-17-85, Mississippi Code of 1972, is amended as follows:
97-17-85. Except as
otherwise provided in Sections 73-13-103 and 49-7-79, if any person shall go
upon the enclosed land of another without his consent, after having been
notified by such person or his agent not to do so, either personally or by
published or posted notice, or * * *, he shall, upon conviction, be fined not more
than * * * no less than One Thousand Dollars ($1,000.00) for
such offense. The provisions of this section shall apply to land not enclosed
where the stock law is in force. The penalties in this section are not
exclusive for this crime.
SECTION 23. (1) Notwithstanding any other provision of law to the contrary, any person who commits trespass or otherwise enters or remains on another person's property for a short period of time or an indefinite period of time without the authority or consent of the owner or without the authority or consent of a person designated by the owner, shall not accrue any property rights based on the trespass or unauthorized entrance.
SECTION 24. (1) Any person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying, granting or authorizing use, control or management of real property shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows:
(a) An amount equal to the value lost to the owner for any rental, mortgage or lease fees the owner could have charged during the entire time that the offender unlawfully received monies for the property; or
(b) An amount equal to the value of all monies received by the person who violated the provisions of this act.
(2) Any person who unlawfully detains or occupies or trespasses upon a residential dwelling and who intentionally damages the dwelling causing damages, shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows:
(a) An amount equal to the value lost to the owner for any rental, mortgage or lease fees the owner could have charged during the entire time that the offender unlawfully received monies for the property; and
(b) An amount equal to the cost of all repairs made as a result of the damages caused.
(3) Any person who lists or otherwise advertises real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property, shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows:
(a) An amount equal to the value lost to the owner for any rental, mortgage or lease fees the owner could have charged during the entire time that the offender unlawfully received monies for the property; or
(b) An amount equal to the value of all monies received by the person who violated the provisions of this act.
SECTION 25. Section 97-17-103, Mississippi Code of 1972, is amended as follows:
97-17-103. (1) As used in this section:
(a) "Perpetrator" means a person who has engaged in criminal trespass and includes a person convicted of trespass under applicable state law;
(b) "Victim" means a person who was the object of another's criminal trespass and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm;
(c) "Course of criminal conduct" includes the acts or omissions of a victim in resisting criminal conduct;
(d) "Convicted" includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, an admission to a juvenile delinquency petition, or a disposition as an extended jurisdiction juvenile; and
(e) "Trespass" means an offense named in Sections 97-17-1 through 97-17-97, Mississippi Code of 1972, or any attempt to commit any of these offenses. Trespass includes crimes in other states or jurisdictions which would have been within the definition set forth in this subdivision if they had been committed in this state.
(2) A perpetrator assumes the risk of loss, injury or death resulting from or arising out of a course of criminal trespass or squatting, as defined in this section, engaged in by the perpetrator or an accomplice, and the crime victim is immune from and not liable for any civil damages as a result of acts or omissions of the victim.
(3) Notwithstanding other evidence which the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to the civil action, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, a writ of removal for squatter, or determination that the perpetrator was a squatter, court order adjudging the person a squatter or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.
(5) Except to the extent needed to preserve evidence, any civil action in which the defense set forth in subsection (2) is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged trespass.
SECTION 26. Section 97-17-93, Mississippi Code of 1972, is amended as follows:
97-17-93. (1) Any person
who knowingly enters the lands of another without the permission of or without
being accompanied by the landowner or the lessee of the land, or the agent of
such landowner or lessee, shall be guilty of a misdemeanor and, upon
conviction, shall be punished for the first offense by a fine of * * * Five
Hundred Dollars ($500.00). Upon conviction of any person for a second or
subsequent offense, the offenses being committed within five (5) years of the
last offense, such person shall be punished by a fine of * * * One Thousand
Dollars ($1,000), and may be imprisoned in the county jail for a period of
not less than * * * six (6) months, nor more than one
(1) year, or by both such fine and imprisonment. This section shall not
apply to the landowner's or lessee's family, guests, or agents, to a surveyor
as provided in Section 73-13-103, or to persons entering upon such lands for
lawful business purposes.
(2) (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.
(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.
(3) The provisions of this section are supplementary to the provisions of any other statute of this state.
(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.
SECTION 27. Section 97-17-97, Mississippi Code of 1972, is amended as follows:
97-17-97. (1) Except as
otherwise provided in Section 73-13-103, if any person or persons shall without
authority of law go into or upon or remain in or upon any building, premises or
land of another, including the premises of any public housing authority after
having been banned from returning to the premises of the housing authority,
whether an individual, a corporation, partnership, or association, or any part,
portion or area thereof, after having been forbidden to do so, either orally or
in writing including any sign hereinafter mentioned, by any owner, or lessee,
or custodian, or other authorized person, or by the administrators of a public
housing authority regardless of whether or not having been invited onto the
premises of the housing authority by a tenant, or after having been forbidden
to do so by such sign or signs posted on, or in such building, premises or
land, or part, or portion, or area thereof, at a place or places where such
sign or signs may be reasonably seen, such person or persons shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by
a fine of not more than * * *Five Hundred Dollars ($500.00) One Thousand Dollars
($1,000) or by confinement in the county jail not exceeding six (6) months,
or by both such fine and imprisonment.
(2) The provisions of this section are supplementary to the provisions of any other statute of this state.
SECTION 28. This act shall take effect and be in force from and after July 1, 2025.