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MS SB2422

Bill

Status

Failed

3/3/2020

Primary Sponsor

Hob Bryan

Click for details

Origin

Senate

2020 Regular Session

AI Summary

  • Amends Mississippi Code sections 11-17-35 and 11-17-37 to modernize language regarding title disputes in state courts, replacing outdated terminology like "bills" and "complainant" with current civil procedure terms like "suits" and "plaintiff"

  • Clarifies that chancery courts have full jurisdiction in civil actions to confirm, quiet, or declare title to real estate, including authority to grant preliminary, temporary, or permanent relief such as damages and monetary remedies

  • Establishes that the potential existence of United States federal interest in property shall not be a defense or impediment to chancery court jurisdiction, though any claim affecting federal interest must be preserved rather than dismissed

  • Requires that any final judgment or decree entered by chancery court shall not prejudice or affect any right, title, or interest of the United States, recognizing the sovereign immunity of the federal government under the U.S. Constitution and federal law

  • Specifies that whether federal authorities credit a state court judgment is governed by federal law, including the Federal Color of Title Act and regulations of the U.S. Department of Interior Bureau of Land Management

Legislative Description

Title disputes; clarify jurisdiction of state courts in certain.

Last Action

Died In Committee

3/3/2020

Committee Referrals

Judiciary, Division A2/14/2020

Full Bill Text

No bill text available