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MS HB492

Bill

Status

Failed

3/11/2015

Primary Sponsor

Joe Warren

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends Mississippi Code sections 11-17-35 and 11-17-37 to modernize language in title dispute cases, replacing "bills" and "complainant" with "civil actions" and "plaintiff" to align with current Mississippi Rules of Civil Procedure.

  • Clarifies that chancery courts have full jurisdiction in title disputes even when the United States may have a claimed right, title, or interest in the property, with claims involving federal interests automatically deemed amended to conform to the statute.

  • Establishes that federal sovereign immunity of the United States shall be respected and that state court orders cannot prejudice or affect any U.S. right, title, or interest in the property as a matter of law.

  • Specifies that final state court judgments in title disputes have full force in Mississippi, but whether the federal government credits such judgments is determined by federal law, including the Federal Color of Title Act and Bureau of Land Management regulations.

  • Requires final judgments to include appropriate legal descriptions of the real estate and be recorded in county land records maintained by the chancery clerk.

Legislative Description

Title disputes; clarify jurisdiction of state courts in certain.

Last Action

Died On Calendar

3/11/2015

Committee Referrals

Judiciary, Division A2/9/2015
Judiciary A1/19/2015

Full Bill Text

No bill text available