1 Miss. Code. R. 11-1.1

Current through December 10, 2024
Rule 1-11-1.1 - General Information
A. The terms "land" or "lands" and "property" are used interchangeably throughout these rules. Each term refers to real estate which has matured to the state because of nonpayment of taxes. Each term also includes improvements which may be situated on the property.
B. References to the "Secretary of State" shall be interpreted to mean the Public Lands Division of the Office of Secretary of State and the Assistant Secretary of State for public lands or both of them, except where a specific reference to another division of the Office of Secretary of State is made.
C. References to "chancery clerk" or "tax assessor" shall be interpreted to mean the chancery clerk or tax assessor of the county in which the land (for which patent application has been made) is situated.
D. References to "original owner" shall be interpreted to mean the owner of the title on the date of sale of land for taxes.
E. A "patent" or "land patent" is the instrument by which the state grants public lands. Subsequent conveyances are usually made by various types of "deed." A "special patent" is a patent granted to original owners or to those claiming through the original owners, who can satisfactorily prove that ownership passed into the state because of mistake, oversight, or unintentional default.
F. References to "books" or "records" maintained by the Secretary of State, whether general or specific, include manual and/or automated formats of such records.
G. Many of the procedures set forth in these rules are mandated by statute. If there should be a conflict between these rules and applicable statutes, the statute will govern.
H. All patents are issued with the approval of the Governor.

1 Miss. Code. R. 11-1.1

Miss. Code Ann. §§ 29-1-21, 23, 81 (Rev. 2007).