Section 89-27-7 - Oversight of chapter; enforcement actions for violations; fines(1) The Mississippi Office of the Secretary of State shall be charged with the oversight of this act. Upon notice of a violation of the provisions herein, the Secretary of State shall issue a formal demand on the nonresident alien requiring the nonresident alien to comply herein within the time and manner prescribed. If the provisions of this act are silent to the time period a nonresident alien has to dispose of acquired forest or agricultural land within the State of Mississippi, or to bring the interest of a nonresident alien, which is held in a corporation, partnership, limited partnership, limited liability company, trustee or other business entity, below a majority interest, the time to comply shall be set at one (1) year. Failure to comply with the disposition of forest or agricultural land within the State of Mississippi after receiving notice shall trigger the Secretary of State or his or her agent to formally notify the Attorney General with a specific request for enforcement actions to begin.(2) Upon notification received by the Attorney General, the nonresident alien shall be issued fines in the amount as set forth below: First Offense................... | $ 100,000.00 | - | $250,000.00 |
Second Offense.................. | $ 250,000.00 | - | $750,000.00 |
Third and Subsequent Offense..... | $750,000.00 | - | $5,000,000.00 |
Fines shall be payable within thirty (30) days of the date of institution of the fine and shall be filed on the judgment rolls of the county where the property is located. Following the conclusion of the thirty-day period, the Attorney General shall begin the judicial taking of the property by filing a civil forfeiture action in the Chancery Court where the property is so located or in the Hinds County Chancery Court, whichever is convenient to the State of Mississippi. The entry of the final order of civil forfeiture shall extinguish the lien of the fine on the property, but shall not extinguish the fine on the nonresident alien. No mortgage, lien, privilege or other security interest recognized under the laws of this state and no ownership interest in division, lease, servitude, usufruct, right to use, bond or deed or other real rights shall be affected by a forfeiture or disposition pursuant to this section.
(3) The Secretary of State, in consultation with the Attorney General, shall promulgate rules and regulations as necessary to implement the provisions of this act.Added by Laws, 2024, ch. 329, SB 2519,§ 4, eff. 7/1/2024.