Smith v. Jackson State Univ.
| Docket Number: | 2007-CP-01552-SCT Linked Case(s): 2007-CP-01552-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-18-2008 Opinion Author: DICKINSON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Tax sale by State - Condemnation proceedings - Section 11-27-7 - Advanced notice of sale - Section 29-1-1(4) Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., CARLSON, RANDOLPH AND LAMAR, JJ. Non Participating Judge(s): GRAVES, J. Dissenting Author : EASLEY, J., without separate written opinion. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 08-08-2007 Appealed from: Hinds County Chancery Court Judge: J. Dewayne Thomas Disposition: The trial court granted summary judgment to the State. Case Number: G2006-2090 R/1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RICKY SMITH |
RICKY SMITH (PRO SE) |
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| Appellee: | JACKSON STATE UNIVERSITY, JSU, DEPARTMENT OF FINANCE & ADMINISTRATION AND SECRETARY OF STATE | SARAH E. BERRY, NANCY MORSE PARKES, REGINA R. QUINN, DAVID SCOTT BUFORD | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Tax sale by State - Condemnation proceedings - Section 11-27-7 - Advanced notice of sale - Section 29-1-1(4) |
| Summary of the Facts: | The State of Mississippi acquired land at a tax sale and then sold it to Ricky Smith. The same land was condemned by the Mississippi Department of Finance and Administration for the use and benefit of Jackson State University. The chancery court granted summary judgment to the State, and Smith appeals. |
| Summary of Opinion Analysis: | Prior to August 28, 2000, the Estate of A. H. Noeinger owned the fee to the property at issue. Because the Estate failed to pay the 1999 taxes due on the Property, it was sold for the delinquent taxes and struck off to the State of Mississippi. Even though the Estate retained a right of possession and redemption, the fee passed to the State of Mississippi on August 28, 2000, and the State became the owner of the land. After the redemption period was over, the Secretary of State had charge of the lands. The DFA initiated condemnation proceedings against the Estate on June 12, 2001, which was after the fee had transferred to the State of Mississippi. The fee holder (the State of Mississippi) was not named as a party to the condemnation proceedings. Because the condemnation was filed against the Estate, DFA stood only to acquire that which was held by DFA, that is, the temporary rights of redemption and possession held by the Estate. These rights expired on August 28, 2002, and thereafter, neither the Estate nor the DFA had any interest or rights in the property. Smith argues that the condemnation proceeding was null and void because the Secretary of State was not notified or made a party to the proceeding. If the DFA had strictly followed the procedural requirements of section 11-27-7, it would have named the Secretary of State as a defendant. The DFA purported to convey title to the Institutions of Higher Learning, but it could convey only such title as it held. Because of the defective condemnation proceedings, the DFA did not hold title to the property. Thus, DFA was incapable of transferring any ownership interest and therefore the Special Warranty Deed was, and is, void. Because the condemnation proceedings were invalid, the State of Mississippi perfected its fee at the conclusion of the redemption period. Therefore, the tax land patent purchased by Smith vested him with title in the property. Jackson State University argues that the tax patent is void due to the failure of the Secretary of State to provide thirty days advance notice of the intended sale to all state agencies pursuant to section 29-1-1(4). The Secretary of State should have provided Jackson State University with a thirty-day advance notice of the sale. Because the record contains no evidence of a thirty-day advance notice, the sale of the forfeited land tax patent was void and did not vest title in Smith. The title, consequently, still vests in the State of Mississippi. |
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