House Bill 951

AN ACT TO AMEND SECTION 21-1-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL PROPERTY OWNERS IN TERRITORY PROPOSED TO BE ANNEXED BY A MUNICIPALITY SHALL RECEIVE WRITTEN NOTICE BY REGULAR MAIL OF SUCH 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. (1) 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 the proposed enlargement or contraction shall have the right to appear at such hearing and present their objection to such proposed enlargement or contraction. 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.

(2) In addition to the notice requirements of subsection (1) of this section, written notice of the hearing shall be given by regular mail at least thirty (30) days prior to the day fixed for the hearing of the petition to all property owners located in the proposed enlargement or contraction as reflected on the tax rolls of the county or counties at the time of the filing of the petition. Written notice to such property owners shall be sent to the address listed on the tax rolls of the county or counties within such proposed enlargement or contraction. Such written notice shall give the property owners instructions on how they may appear and enter their objections, if any, to the proposed enlargement or contraction.

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