Mississippi Code

Miss. Code Ann. § 21-1-17 (2026)

Hearing on petition; decree

✓ current as of July 2026

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At the time fixed, the chancellor shall proceed to hear all evidence offered in support of said petition, together with all objections, if any, that may be presented touching or bearing upon the question of whether or not the proposed incorporation is reasonable and is required by the public convenience and necessity. The chancellor shall have the power, however, to grant such reasonable continuances as justice may require. If the chancellor finds from the evidence that the proposed incorporation is reasonable and is required by the public convenience and necessity, then he shall enter a decree declaring such municipal corporation to be created as requested in such petition, which decree shall give an accurate description of the territory included in such municipal corporation, shall classify such municipal corporation according to law, and shall set forth the names of the persons which the petitioners desire as officers of such municipality. The chancellor shall have the power, however, in granting any such incorporation to grant same in whole or in part by modifying or decreasing the territory to be included within such municipal corporation. If the chancellor finds from the evidence that the proposed incorporation is not reasonable and is not required by the public necessity and convenience, then a decree shall be entered denying such incorporation. Whenever any municipal corporation shall be created as herein provided, a map or plat of the boundaries of such municipal corporation shall be filed with the chancery clerk and shall be recorded by him in the official plat book of the county. The decree of the chancellor, either creating or denying such incorporation, shall become effective after the passage of ten days from the date of such decree, unless an appeal be taken therefrom as is provided in Section 21-1-21.

Codes, 1942, § 3374-05; Laws, 1950, ch. 491, § 5, eff. 7/1/1950.

Notes of Decisions

Cited in 7 cases, 1986–2011 · leading case: City of Pascagoula v. Scheffler, 487 So. 2d 196 (Miss. 1986).

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City of Pascagoula v. Scheffler, 487 So. 2d 196 (Miss. 1986). · cites it 2× “Did the lower court err in not directing a verdict for Pascagoula, or finding against the petitioners for incorporation on the grounds that public convenience and necessity do not require incorporation? Miss. Code Ann. § 21-1-17 (1972) states: "If the chancellor finds from the…”

City of Jackson v. Byram Incorporators, 16 So. 3d 662 (Miss. 2009). “Miss.Code Ann. § 21-1-17 (Rev. 2007). Furthermore, the “chancellor shall have the power .”

Fletcher v. Diamondhead Incorporators, 77 So. 3d 92 (Miss. 2011). · cites it 2× “Miss.Code Ann. § 21-1-17 (Rev. 2007). Specifically, Section 21-1-17 states that “[a]t the time fixed, the chancellor shall proceed to hear all evidence offered in support of said petition, together with all objections, if any, that may be presented.”

Incorporation of Oak Grove v. City of Hattiesburg, 684 So. 2d 1274 (Miss. 1996). · cites it 2× “Miss.Code Ann. § 21-1-17 (1972) provides that “(I)f the chancellor finds from the evidence that the proposed incorporation is reasonable and is required by public convenience and necessity, then he shall enter a decree declaring such municipal corporations to be created as…”

Incorporation of Oak Grove v. Hattiesburg, 684 So. 2d 1274 (Miss. 1996). · cites it 2× “Miss. Code Ann. § 21-1-17 (1972) provides that "(I)f the chancellor finds from the evidence that the proposed incorporation is reasonable and is required by public convenience and necessity, then he shall enter a decree declaring such municipal corporations to be created as…”

City of Jackson, Mississippi v. Byram Incorporators (Miss. 2007). “Miss. Code Ann. § 21-1-17 (Rev. 2007). Furthermore, the “chancellor shall have the power .”

John Fletcher v. Diamondhead Incorporators (Miss. 2010). “Under Title 21 of the Mississippi Code, after a hearing on a petition for incorporation, a chancellor shall enter a decree declaring the creation of a municipal corporation upon a finding “from the evidence that the proposed incorporation is reasonable and is required by public…”

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