Miss. Code § 89-27-3

Current through the 2024 Regular Session
Section 89-27-3 - Definitions

For the purposes of this act, the following words shall have the meaning herein ascribed unless the context clearly requires otherwise:

(a) "Forest and agricultural land" means any land in the state devoted to the growing of trees or the commercial production of agricultural products or timber, wood or forest products, including nongaming species. Where the land is classified by the county as forest, agricultural, pasture or open land and being used as forest or agricultural land in the performance of forestry or agricultural activities is a prima facie case as to the purpose the land is devoted to, though such classification shall not be required.
(b) "Majority part" or "majority interest" means an interest of fifty percent (50%) or more in the aggregate, held by individuals, parties or governments that are nonresident aliens as defined in paragraph (c) of this section. Majority interest shall still qualify even if the nonresident alien individuals, parties or governments are not acting in concert.
(c) "Nonresident alien" means:
(i) An individual who is domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce and is neither a citizen of the United States nor a resident of the United States within the meaning of subparagraph (A)(26) U.S. Code Section 7701;
(ii) A corporation, partnership, limited partnership, limited liability company, trustee or other business entity that is:
1. Domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce; or
2. Domiciled within the United States but which is wholly or in the majority part owned by any corporation, partnership, limited partnership, limited liability company, trustee or other business entity domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce.

This subparagraph (ii) shall apply unless the nonresident alien is a corporation, partnership, limited partnership, limited liability company, trustee or other business entity leasing not more than five hundred (500) total acres of Mississippi land from its owner and using such land for agricultural research and development or experimental purposes, including testing, developing or producing crop production inputs, including, but not limited to, seeds, plants, pesticides, soil amendments, biologicals and fertilizers solely for sale or resale; or

(iii) A foreign government designated as a foreign adversary by the United States Secretary of Commerce.
(d) "Possessory interest" means all direct interest acquired, transferred or held in forest or agricultural land for a term of one (1) year or longer.

Miss. Code § 89-27-3

Added by Laws, 2024, ch. 329, SB 2519,§ 2, eff. 7/1/2024.