Current through September 24, 2024
A. Applications to
purchase, once accepted by the Secretary of State as complete, shall remain on
file at least thirty (30) days before same are finally approved or disapproved
(Waiting Period). Miss. Code Ann. (1972)
§
29-1-37.
B. During the thirty (30) day waiting period,
the Secretary of State shall ascertain the current fair market value of the
Parcel, using one or both of the following methods:
a. the Secretary of State shall request the county tax
assessor to certify in writing the current fair market value of the Parcel and
any improvements thereon, to the best of his information and belief,
and/or
b. the Secretary of State
may obtain an appraisal report of the real estate from a real estate appraiser
chosen by the Secretary of State. The Secretary of State, in selecting a real
estate appraiser, shall give preference to residents of the county in which the
property is situated.
C.
After a Parcel is certified to the State, the Secretary of State will send by
first class U. S. Mail a notification to the original assessed owner at his
address as shown on the List of Land Certified to the State by the Chancery
Clerk. The notification will include the parcel number and property description
as shown on said List of Land Certified to the State and will state in
substance that (1) the Parcel has forfeited to the State of Mississippi, (2)
the property can be purchase from the State, (3) the address, telephone number
and e-mail for contacting the Office of the Secretary of State to arrange for
purchase of the Parcel, and (4) the failure to contact the Office of the
Secretary of State within fifteen (15) days may result in the property being
sold to another applicant.
D. If an
application to purchase is received from the original assessed owner, his
heirs, executors or administrators, or the mortgagee, and is found to be valid,
that applicant takes priority subject to the provision of Rule 1.6 H.
E. Subject to the right of a governmental
entity requesting a transfer under Rule 1.4 and the right of the original
assessed owner, his heirs, executors or administrators, or the mortgagee under
Rule 1.6 D, the application of an owner of property adjoining a tax forfeited
Parcel (Adjoining Owner) shall be given priority for the purchase of the tax
forfeited Parcel subject to the provisions of Rule 1.6 H. If more than one
Adjoining Owner applies for the purchase of a tax forfeited Parcel, then
priority among Adjoining Owners shall be accorded to the Adjoining Owner
offering the highest purchase price for the Parcel. The priority of the
Adjoining owner is contingent on his filing a completed application before the
Secretary extends an offer to sell to another applicant. It is responsibility
of any Adjoining owner to identify and apply for a Parcel to be accorded this
priority. The Secretary of State is under no obligation to give notice to any
Adjoining Owner prior to selling a Parcel.
F. If no such application to purchase a
Parcel as described in Sections D and E immediately preceding or a transfer
request in Rule 1.4 is received by the Secretary of State, the priority for all
other applicants will be determined by the order in which completed
applications are received by the Secretary of State.
G. The Parcel shall first be offered to the
applicant having the highest priority under these Rules. The Sales Price of a
Parcel purchased on application shall be determined, using the fair market
value of the Parcel as established pursuant to Rule 1.6 B and the criteria set
forth for TIERS I, II and III below. An applicant which is the original
assessed owner, his heirs, executors, administrators, or the mortgagee shall be
offered the Parcel at the Sales Price derived under TIER I, II and III, below.
Any other applicant shall be offered the Parcel at the greater of the Sales
Price derived under TIER I, II and III below, or at the highest price offered
in any application for the Parcel on file at the time the offer is extended.
a. TIER I criteria shall be applied for all
applications received with in three (3) years from and after the expiration of
the right of redemption from the county tax sale (date Matured to the State)
and may be applied at any time thereafter in the sole discretion of the
Secretary of State. The TIER I Sales Price is
i. for an applicant which is the original assessed owner, his
heirs, executors or administrators, or holders of a mortgage interest in the
Parcel-
twenty-five percent (25%) of the fair market value as
determined under Rule 1.6 B.
ii. for an applicant which is the Adjoining
Owner -
twenty-five percent (25%) of the fair market value as
determined under Rule 1.6 B.
iii. for all other purchasers-
fifty percent (50%) of the fair market value as determined
under Rule 1.6 B.
iv. The
following additional amounts may be added to the Sales Price derived under TIER
I:
1. any amounts allowed under Section 29-1
-1451of the Miss.
Code Ann. (1972) due or paid by the Secretary of State, and
2. any special drainage district assessment
or special municipal benefit assessment secured by a lien on the Parcel and
which was not abated or cancelled by the tax sale. Miss. Code Ann.
(1972)
§
29-1-97
v. Where the Parcel is Blighted, the
Secretary of State may allow credit (Credit Allowance) for all or a part of the
cost, cleanup, repair or remediation against the Sales Price of the Parcel
derived under TIER I. For purposes of this Rule, Blighted shall mean land,
improvements or personal property situated thereon, which are in such derelict
and dilapidated condition constituting a significant environmental, health or
safety hazard such that the cost or cleanup, repair and remediation represent a
significant percentage of the fair market value of the Parcel. By way of
example, but not by limitation, credit may be given for demolition and disposal
of dilapidated structures, removal of rubbish such as appliances and tires, and
removal of regulated environmental hazards. Credit will not be allowed for
mowing of grass, pruning of vegetation or removal of litter.
1. No Credit Allowance shall be given against
purchase price unless the purchaser and Secretary of State have entered an
agreement in advance and in writing.
2. The agreement for Credit Allowance shall,
at a minimum, set forth a detailed scope of work, the time frame for completion
of the work, the amount of the Credit Allowance, and the method for final
approval and acceptance of the work by the Secretary of State.
3. Said agreement shall provide that failure
to complete the agreed scope of work within the time allowed shall result in
the termination of the agreement and cancellation of the sale of the Parcel,
and may contain such other terms and conditions as the Secretary of State deems
advisable.
vi. In no
event, shall the Sales Price derived in TIER I be less that the Sales Price
derived under TIER II.
b.
TIER II criteria will be applied for applications received more than three (3)
years after the Parcel Matured to the State unless the Secretary of State in
his sole discretion determines that TIER I criteria should be applied. The TIER
II Sales Price is
For all purchasers-
ten percent (10%) of the fair market value as determined
under Rule 1.6 B
plus-
i.all
reimbursable taxes and fees pursuant to Section
29-1-93
and Section
29-1-95
of the Mm. Code Ann. (1972), (Reimbursable taxes include four
(4) years of back taxes. Reimbursable fees include Chancery Clerk and Sheriff
fees. Fees are not reimbursed on any Parcel sold by the Secretary of State more
than ten (10) years of after the date the Parcel Matured to the
State.),
ii.any maintenance costs
for the Parcel, paid under Section
29-1-145
of the Miss. Code Ann. (1972), and
iii. any special drainage district
assessment or special municipal benefit assessment secured by a lien on the
Parcel and which was not abated or cancelled by the tax sale. Miss.
Code Ann. (1972)
§
29-1-97.
c. TIER III criteria may in the
sole discretion of the Secretary of State be applied for applications received
more than Six (6) years after the Parcel Matured to the State.
i. In the event that the Secretary of State
determines that the a Parcel cannot be sold for the price established in TIER
II, then the Secretary of State may sell and dispose of such Parcel for any
consideration he may deem reasonable, irrespective of the amount of taxes for
which same was sold. However, in no event, shall the Sales Price of a Parcel be
less than the amount that the Secretary of State has paid as maintenance costs
in Section
29-1-145
of Aftw. Code Ann. (1972).
H. A written offer to sell at the price
derived under Rule 1.6 G shall be forwarded to the applicant having the highest
priority under these Rules, with instructions to remit payment in full within
fifteen (15) calendar days of said offer. Unless an extension of time is
granted under Rule 1.6 H a, failure to reply and remit payment within fifteen
(15) calendar days shall result in the applicant's loss of priority under Rule
1.6 D E & F and his application will be accorded the lowest priority under
Rule 1.6 F. Failure to reply or remit payment within thirty (30) calendar days
shall result in the application being rejected and the Secretary of State will
be under no obligation to the applicant.
a.
An extension of time for payment of the Sales Price may be granted in the sole
discretion of the Secretary of State.
b. Payment of the Sales Price shall be made
in full by certified check or money order delivered within the time provided in
Rule 1.6 H to the Office of the Secretary of State at 125 South Congress
Street, Jackson, Mississippi 39201-3300 or by U. S. Mail to Post Office Box
136, Jackson, Mississippi 39205.
c.
If an application is canceled for failure to reply or to remit the Sales Price,
applicant may re-file, but no more than three (3) times. Subsequent
applications shall not qualify for priority pursuant to Rule 1.6 D and
E.
d. If for any reason, an
applicant fails to reply or refuses to pay to the Secretary of State, within
the time provided in Rule 1.6 H, or any extension thereof under Rule 1.6 H a,
the Sales Price for a Parcel, his application will be canceled, and, the Parcel
will be then be offered to other applicants based on established priorities and
in the order in which applications were received.
Miss. Code Ann. (1972)
§§
29-1-5, -33,
-35, -37, -51, -57, -93, 95, -97 and -145.
§
29-1-145.
State reimbursement of county or municipality for maintenance costs of land to
be sold for unpaid taxes. The chancery clerk or municipal clerk shall report to
the Secretary of State any reasonable costs incurred by the county or
municipality in maintaining unredeemed lands sold for taxes while those lands
remain unsold. * * * In no event shall the maintenance costs allowed the county
or municipality exceed the market value of the lands or the purchase money
received from the sale of those lands.
