Mississippi Code
Miss. Code Ann. § 29-15-5 (2026)
Tidelands and submerged lands held in public trust; rights of littoral and riparian property owners
✓ current as of July 2026
- (1) Tidelands and submerged lands are held by the state in trust for use of all the people, and are so held in their character as the beds and shores of the sea and its tidally affected arms and tributaries for the purposes defined by common law and statutory law. Littoral and riparian property owners have common law and statutory rights under the Coastal Wetlands Protection Law which extend into the waters and beyond the low tide line, and the state's responsibilities as trustee extends to such owners as well as to the other members of the public.
- (2) Residential property owners shall not be required to obtain a tidelands lease for exercising their common law and statutory littoral and riparian rights.
Laws, 1989, ch. 495, § 4; Laws, 2012, ch. 403, § 1, eff. 4/18/2012.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 2001–2023 · leading case: State of Mississippi v. Kenneth F. Murphy, 202 So. 3d 1243 (Miss. 2016).
State of Mississippi v. Kenneth F. Murphy, 202 So. 3d 1243 (Miss. 2016). “Miss. Code Ann. § 29-15-5 (7)(l) (Rev. 2010).”
Bayview Land, Ltd. v. State Ex Rel. Clark, 950 So. 2d 966 (Miss. 2006). “Miss.Code Ann. § 29-15-5. Next, Bayview and IPM, conceding that its land was in fact extended bayward by pre-1973 artificial accretions, contend now that the Secretary of State simply did not meet at trial the burden it carried, in that the State never showed that the artificial…”
COLUMBIA LAND DEVEL., LLC v. Sec'y of State, 868 So. 2d 1006 (Miss. 2004). “Miss.Code Ann. § 29-15-5 (Rev.2000). The terms "riparian" and "littoral" are occasionally used interchangeably; however, there is a distinction between the two: "Riparian" is defined as Belonging or relating to the bank of a river or stream; of or on the bank.”
C. Delbert Hosemann, Jr. v. D. Neil Harris, Sr., 163 So. 3d 263 (Miss. 2015). “Miss.Code Ann. § 29-15-5(1) (Rev.2010). The Act directed the Secretary of State to prepare a Preliminary Map of the tidelands held in trust.”
Sec'y of State of the State of Mississippi v. Gunn, 75 So. 3d 1015 (Miss. 2011). “Miss.Code Ann. § 29-15-5 (Rev.2010) (“Tidelands and submerged lands are held by the state in trust for use of all the people.”
State of Mississippi, by & through Michael Watson in his Off. Capacity as Sec'y of State & Tr. of the Pub. Tidelands Trust v. RW Dev., LLC, The City of Biloxi, Mississippi & Harrison Cnty., Mississippi (Miss. 2023). “” Miss. Code Ann. § 29-15-5 (1) (Rev. 2020); see also Columbia Land Dev.”
David Neil Harris, Sr. v. State of Mississippi, 256 So. 3d 574 (Miss. 2018). “Miss. Code Ann. § 29-15-5 (1) (Rev. 2010).”
Columbia Land Dev., LLC v. Sec'y of State (Miss. 2001). “Miss. Code Ann. § 29-15-5 (Rev. 2000). The terms “riparian” and “littoral” are occasionally used interchangeably; however, there is a distinction between the two: "Riparian" is defined as Belonging or relating to the bank of a river or stream; of or on the bank.”
Bayview Land, Ltd. v. State of Mississippi (Miss. 2004). “Next, Bayview and IPM, conceding that its land was in fact extended bayward by pre-1973 artificial accretions, contend now that the Secretary of State simply did not meet at trial the burden it carried, in that the State never showed that the artificial accretions were not done…”
Sec'y of State v. Clyde H. Gunn, III (Miss. 2010). “5 Miss. Code Ann. § 29-15-5 (Rev. 2010) (“Tidelands and submerged lands are held by the state in trust for use of all the people .”
— Miss. Code Ann. § 29-15-5(1) — 1 case
C. Delbert Hosemann, Jr. v. D. Neil Harris, Sr., 163 So. 3d 263 (Miss. 2015). “Miss.Code Ann. § 29-15-5(1) (Rev.2010). The Act directed the Secretary of State to prepare a Preliminary Map of the tidelands held in trust.”
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