§ 89-19-7. Actions affecting easements
Any action to enforce a conservation easement may be brought by: An owner of an interest in the real property burdened by the easement; A holder of the easement; A person having a third-party right of enforcement; The Attorney General of the State of Mississippi; The Mississippi Department of Wildlife, Fisheries and Parks; or A […]
§ 89-17-5. Prima facie abandonment
In any suit brought by one claiming to be the owner of such property, proof that such property has been relinquished, deserted or left for a period of three (3) years thereafter without effort to salve such property shall be prima facie evidence of the intention to abandon.
§ 89-19-9. Validity of easements not affected by certain conditions
A conservation easement shall be valid despite the following: It is not appurtenant to an interest in real property; It may be or has been assigned to another holder; It is not of a character that has been traditionally recognized at common law; It imposes a negative burden; It imposes affirmative obligations upon the owner […]
§ 89-17-7. Jurisdiction limited
The following sections, and not the foregoing, shall apply to the waters of the Mississippi Sound or of the Gulf of Mexico within the jurisdiction and control of the State of Mississippi; provided that if the foregoing sections should be held unconstitutional, then the following sections shall apply to the entire state.
§ 89-19-11. Capital improvements on property upon which easements have been granted
With the exception of “Mississippi Landmarks,” as defined by the Antiquities Law of Mississippi (Section 39-7-1 et seq., Mississippi Code of 1972) and of properties entered in the National Register of Historic Places, no public money, derived either from a special fund or the General Fund, shall be expended for capital improvements on any real […]
§ 89-17-9. How claims for salvage service rendered shall be filed and prosecuted
Whenever any person shall desire to claim compensation for any salvage service rendered by him in reclaiming and protecting from loss, damage, injury or destruction, any saw log, sawn or hewn timber, lumber, boat or other water craft, or other floatable thing of value, that may have become derelict, in any of the waters of […]
§ 89-19-13. Interests to which chapter applies; relation to other laws
This chapter shall apply to an interest created after March 27, 1986, whether the interest is designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, as long as such interest complies with the provisions of this chapter. This chapter shall apply to any interest created prior to March 27, […]
§ 89-17-11. Clerk to issue summons
Upon filing such petition the clerk shall issue a summons to the defendant named as required by the Mississippi Rules of Civil Procedure. In case the owners of the property are unknown, then a notice shall be published as provided for by the Mississippi Rules of Civil Procedure.
§ 89-17-13. How notice given where parties are nonresidents of state
In suits against persons named in the petition, as defendants thereto, where such defendant is a nonresident of the state, or cannot be served with process, then notice shall be given to such defendant as is provided for in the Mississippi Rules of Civil Procedure.
§ 89-17-15. Procedure on return of writ; defendant to plead to petition in case of contest
At the return of the process, in case the defendant shall contest the petitioner’s right to compensation or salvage, or the amount thereof, the petition shall stand for a complaint and the defendant shall plead to it as if it were an ordinary action at law and the matter shall be tried as provided for […]