MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary A; Ways and Means
By: Representative Moak
AN ACT TO AMEND SECTIONS 85-3-21, 85-3-27, 85-3-31 AND 85-3-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE QUANTITY OF LAND THAT MAY BE INCLUDED IN THE HOMESTEAD EXEMPTION FOR PURPOSES OF PROPERTY THAT MAY BE EXEMPTED FROM SEIZURE OR SALE UNDER EXECUTION OR ATTACHMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 85-3-21, Mississippi Code of 1972, is amended as follows:
85-3-21. Every citizen of
this state, male or female, being a householder shall be entitled to hold
exempt from seizure or sale, under execution or attachment, the land and
buildings owned and occupied as a residence by him, or her, but the quantity of
land shall not exceed * * * three hundred twenty (320) acres, nor the
value thereof, inclusive of improvements, save as hereinafter provided, the sum
of Seventy-five Thousand Dollars ($75,000.00); provided, however, that in
determining this value, existing encumbrances on such land and buildings,
including taxes and all other liens, shall first be deducted from the actual
value of such land and buildings. But husband or wife, widower or widow, over
sixty (60) years of age, who has been an exemptionist under this section, shall
not be deprived of such exemption because of not residing therein.
SECTION 2. Section 85-3-27, Mississippi Code of 1972, is amended as follows:
85-3-27. The declaration,
for not more than * * * three hundred twenty (320) acres, and not
exceeding in value Seventy-five Thousand Dollars ($75,000.00); or, if the
homestead be in a city, town or village, not exceeding in value Seventy-five
Thousand Dollars ($75,000.00) after being filed for record, shall be notice to
all persons to be affected thereby; and shall bind the exemptionist, the spouse
of the exemptionist if the exemptionist be married, and the creditors of the
exemptionist until the exemptionist shall execute and file a new declaration
which shall nullify the preceding one, and otherwise have like effect; and
shall moreover entitle the exemptionist thereafter to hold the same as exempt
to the extent of such value; but subject to contest and legal designation or
allotment, if the exemptionist had declared for too much, or has insufficiently
or improperly described the premises; and to contest by creditors on the ground
that the exemptionist was not entitled to a homestead, and by the spouse of the
exemptionist on the ground that it was intended to defraud or circumvent such
spouse.
SECTION 3. Section 85-3-31, Mississippi Code of 1972, is amended as follows:
85-3-31. The homestead of
every citizen entitled to such an exemption who shall not select or who has
improperly selected his homestead by declaration, shall be, namely: A tract of
land in the form of, first, a square, or second, a parallelogram, if
practicable, and composed, if practicable, of contiguous parcels, and including
the dwelling house, and, if practicable, the other principal buildings, and not
to exceed * * * three hundred twenty (320) acres in area, nor
Seventy-five Thousand Dollars ($75,000.00) in value. And in all cases where
the homestead may be composed of detached parcels of land, it shall be made up
of those nearest the forty (40) acre or other less tract containing the
dwelling house.
SECTION 4. Section 85-3-35, Mississippi Code of 1972, is amended as follows:
85-3-35. If the land on
which the person claiming the exemption resides exceeds * * * three hundred twenty
(320) acres in quantity or Seventy-five Thousand Dollars ($75,000.00) in
value, inclusive of improvements, and a proper selection of a homestead has not
been made and filed for record, the officer holding an execution against such
persons, and not finding other property to satisfy the same, shall levy the
execution on the whole land, and shall notify the defendant, if to be found,
and the plaintiff or his attorney, if in his county, each to select one (1)
householder or freeholder; and each party may select one (1), and inform the
officer of his selection, and the officer shall select a third; or, if
defendant or plaintiff or his attorney be absent from the county, or if he
shall not make a selection, or if the person selected will not act, the officer
shall select the three (3) householders or freeholders, who, on oath to be
administered by him, shall set off to such person a portion of the land,
embracing the dwelling house and outhouses and not exceeding * * *
three
hundred twenty (320) acres in quantity nor Seventy-five Thousand Dollars
($75,000.00) in value, and the allotment, distinctly indicated by metes and
bounds or other sufficient description, shall be returned with the execution;
and the levy of the execution shall be dismissed as to the part so allotted;
and the officer may advertise and sell the remainder of the land. In making
such allotment, the homestead shall be laid off as designated by law in case of
the debtor's failure to select his homestead and file his declaration thereof
for record.
SECTION 5. This act shall take effect and be in force from and after July 1, 2013.