Mississippi Code

Miss. Code Ann. § 21-1-45 (2026)

Electors' option to be included in or excluded from existing municipality; preparing and filing of petition

✓ current as of July 2026

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The qualified electors of any territory contiguous to and adjoining any existing municipality and the qualified electors of any territory which is a part of an existing municipality, may be included in or excluded from such municipality, as the case may be, in the manner hereinafter provided. Whenever the inhabitants of any incorporated territory adjacent to any municipality shall desire to be included therein, and whenever the inhabitants of any territory which is a part of an existing municipality shall desire to be excluded therefrom, they shall prepare a petition and file same in the chancery court of the county in which such municipality is located, which said petition shall be signed by at least two-thirds of the qualified electors residing in the territory proposed to be included in or excluded from such municipality. Said petition shall describe accurately the metes and bounds of the territory proposed to be included in or excluded from such municipality, shall set forth the reasons why the public convenience and necessity would be served by such territory being included in or excluded from such municipality, as the case may be, and shall be sworn to by one or more of the petitioners. In all cases, there shall be attached to such petition a plat of the municipal boundaries as same will exist in the event the territory in question is included in or excluded from such municipality. No territory may be so excluded from a municipality within two years from the time that such territory was incorporated into such municipality, and no territory may be so excluded if it would wholly separate any territory not so excluded from the remainder of the municipality. No petition for the inclusion or exclusion of any territory under this section shall be filed within two years from the date of any adverse determination of any proceedings originated hereinafter under this chapter for the inclusion or exclusion of the same territory.

Codes, 1942, § 3374-19; Laws, 1950, ch. 491, § 19, eff. 7/1/1950.

Notes of Decisions

Cited in 8 cases, 1986–2014 · leading case: In Re Exclusion of Territory From City of Jackson, 698 So. 2d 490 (Miss. 1997).

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In Re Exclusion of Territory From City of Jackson, 698 So. 2d 490 (Miss. 1997). · cites it 3× “Whether the jurisdictional requirements of Miss. Code Ann. § 21-1-45 (1972), that two-thirds of the qualified electors residing in the territory proposed to be excluded from a municipality must sign the petition for exclusion, was met by the petitioners seeking to be excluded? 2.”

In Re City of Ridgeland, 494 So. 2d 348 (Miss. 1986). · cites it 2× “On October 1, 1984, ninety-nine persons, Plaintiffs below and Appellants here, invoked the provisions of Miss. Code Ann. § 21-1-45 (1972) and sought incorporation into the City of Ridgeland, Mississippi, an area largely rectangular in an east-west sense, situated in Madison…”

Frisby v. City of Gulfport, 113 So. 3d 565 (Miss. 2013). “Miss.Code Ann. § 21-1-45 (Rev.2007). In the alternative, Gulfport requested compensation for the costs incurred in defending the suit.”

In Re Enlargement & Ext. of Mun. Boundaries of City of D'Iberville, 867 So. 2d 241 (Miss. 2004). “The petition for inclusion was filed pursuant to Miss.Code Ann. §§ 21-1-45 & -47 and the required two-thirds of the qualified electors residing in the territory executed the amended petition.”

Farrell v. Babb, 142 So. 3d 401 (Miss. 2014). · cites it 2× “Said petition shall describe accurately the metes and bounds of the territory proposed to be included in or excluded from such municipality, shall set forth the reasons why the public convenience and necessity would be served by such territory being included in or excluded from…”

Samuel Cole, Sr. v. City of Jackson, Mississippi (Miss. 1993). · cites it 3× “Whether the jurisdictional requirements of Miss. Code Ann. § 21-1-45 (1972), that two- thirds of the qualified electors residing in the territory proposed to be excluded from a municipality must sign the petition for exclusion, was met by the petitioners seeking to be excluded?…”

City of D'Iberville, Mississippi v. City of Biloxi, Mississippi (Miss. 2002). “The petition for inclusion was filed pursuant to Miss. Code Ann. §§ 21-1-45 & -47 and the required two-thirds of the qualified electors residing in the territory executed the amended petition.”

James C. Frisby v. City of Gulfport, Mississippi (Miss. 2011). “Miss. Code Ann. § 21-1-45 (Rev. 2007). In the alternative, Gulfport requested compensation for the costs incurred in defending the suit.”

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