1 MAC Pt. 11, R. 1.6
B
Cite as 1 Miss. Admin. Code Pt. 11, R. 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 29-1-1451 of 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
1 § 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.
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 Miss. 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 Miss. 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.