Mississippi Annexation Law

Currently if a town or city wants to annex property into a city all that needs to be done is the Municipality gives notice and files a petition for annexation in the proper Chancery Court. Typically, cities hold city council (or other type depending on the type of city government) meetings to get a feel for how those in the proposed annexation area (PAA) feel about becoming part of their city. It is at this point those in the PAA sometimes say, “O.K” but more often than not (it seems) they say “We don’t want to be part of the city that is why we moved out here”. However, in Mississippi those in the PAA do not have much of a say in the process. The municipality in their Chancery petition are supposed to address 12 factors that are “indicia” of reasonableness, under the assumption that if the Annexation request is reasonable it should happen.

There are several problems with this system. First, those getting annexed do not have a say except an uphill battle in court (Uphill because the standard begins against them since all that is required is reasonableness). Second, those getting annexed have to organize and hire attorneys by themselves to fend off the annexor; this is unlike the city which typically has a city attorney and who is paid by city taxes (and the taxes of those who live in the PAA if the city wins the annexation suit). Third, this system of annexation promotes inefficiency, which costs taxpayers in the long run. The system is basically set up to have a city act, have those who do not want to be in the city file suit, a Chancellor render an opinion, an appeal to the MS Supreme Court, and if the city does not comply with the annexation conditions (providing city services to the PAA) in a timely manner then we look at yet another suit seeking deannexation. It is this possibility of deannexation that the MS Supreme Court has said is the way those in the PAA get a say in the process (by getting annexed in and then trying to vote or sue themselves back out once they are in). How fair or efficient is this process? For more on the deannexation process giving those in the PAA a fair shake I highly recommend Justice Ed Pittman’s concurrence in 644 So.2d 1168.

This is, however, a process that may be changing in the future, hopefully. In the 2005 legislative session the following bills: House Bills 187, 216, 292, 483, 643, 761, 783, 796, 1169; House Concurrent Resolution 32; and Senate Bill 2889 all dealt with changing the MS annexation process. (I am still trying to calculate the 2006 bills). Most of these bills focus on having an election to determine if the annexation is appropriate. Different systems can have just the city vote, can have just the PAA vote, or can require both the city and the PAA to vote and both approve. The last two of these election systems seems more fair, to me, than our current annexation process.

New Laws This Week (Month) Part 2

I have let this creep past the first week in July, but I will keep adding to the list. I am not listing appropriations, which are most of the new laws, just laws which are noteworthy or could impact daily life.


Mississippi has now joined the states which ban remote controlled hunting. This is of course a misnomer… it is actually remote controlled killing.

Motorcycles, motor homes, and trailers have been given an exemption from a portion of the ad valorem taxes due. Cars have had a tax credit for years. Maybe now my utility trailer tag won’t cost more than my truck plate.

It is now illegal to engage in a disruptive protest at a military funeral in this state, or to display the name of a dead soldier without permission. Also known as the Westboro Baptist Church law, just plain common decency should have obviated the need for this law. But then common decency is in short supply.

Street Racing is now a misdemeanor. The good news for you race fans out there is the exception for sanctioned events. All you have to do is convince the city council to give you a permit.

The window tint law has been revised to 28% transmission down from 35% (this means darker tint is now allowed). Darker tint is allowed if you are a cop or if it came that way from the factory. All those people who tore their tint off because of the old law… can now pay to have it put back on.

That’s 5 more for today... still more to come.

New Laws This Week, Part 1.

There really is not a lot going on right now. The Supreme Court is not in session; neither the Court of Appeals. The Legislature is gone for a while yet. Even the cities have been slow lately (except Mayor Frank, but I am intentionally avoiding that topic). So I thought I’d run down a few laws and changes that went into effect this week.

Miss. Code Ann. 49-7-51 has been amended to specifically prohibit selling mounted game animals. I kind of thought this was covered by the no parts of the animals clause, but the legislature thought it necessary to specify. This is only curious to me because I actually had a discussion about this exact topic a week ago.

Beginning July 1, Boat registrations in Mississippi are now good for 3 years instead of 2. Not sure who this helps.

Mississippi’s sex offender registration law was updated. It increases the amount and type of information the registrant must provide. It also added prohibitions regarding living near schools. This kind of relates to Brian’s earlier topic.

Beginning this week judges and prosecutors can request an untraceable license plate for their cars. (I have no idea what purpose this can serve… maybe someone can enlighten me).

And 1 more: Beginning this week a whole series of offenses related to obstruction of justice go into effect. These include bribing witnesses, bribing jurors, intimidating jurors and tampering with evidence. I just assumed most of these were already crimes in this state… who knew?

Alright… that’s enough for now, I’ll pick out a few more later.