Mississippi Code

Miss. Code Ann. § 29-3-52 (2026)

Prima facie validity of leases executed and recorded in substantial conformity with law

✓ current as of July 2026

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Any lease of sixteenth section lands, or lands granted in lieu thereof, including leases and any renewal, replacement or extension of such leases granted pursuant to Section 29-3-99, executed and recorded in substantial conformity with the applicable provisions of this chapter shall be deemed to be prima facie valid, and defects in ministerial or procedural acts alone shall not affect the validity of any such lease, as far as a bona fide purchaser or encumbrancer for value of any such lease is concerned. Any such purchaser or encumbrancer shall be entitled to rely upon the validity of any such lease insofar as the interest of the state or any political subdivision thereof, the public, or any school district is concerned.

Nothing in this section shall prohibit any party from challenging the validity of any lease on the grounds of inadequacy of consideration given for the lands involved in the lease.

Laws, 1978, ch. 525, § 51; Laws, 1992, ch. 486 § 3, eff. 5/7/1992.

Notes of Decisions

Cited in 5 cases, 1986–1997 · leading case: Broadhead v. Bonita Lakes Mall, Ltd. P'ship, 702 So. 2d 92 (Miss. 1997).

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Broadhead v. Bonita Lakes Mall, Ltd. P'ship, 702 So. 2d 92 (Miss. 1997). “LCBE and LCBS argue that this claim was dispensed with in the court's grant of Partial Summary Judgment, which established that the lease contracts were made and recorded in substantial conformity with the law pursuant to Miss. Code Ann. § 29-3-52 and saved for trial only the…”

Stewart v. Comm'r, 51 T.C.M. 1446 (Tax Ct. 1986). · cites it 3× “*318 Petitioners direct our inquiry to section 29-3-52 of the Mississippi Code which provides: Any lease of sixteenth section lands, or lands granted in lieu thereof, executed and recorded in substantial conformity with the provisions of this chapter shall be deemed to be prima…”

Robert E. Stewart & Gloria H. Stewart v. Comm'r of Internal Revenue, 841 F.2d 118 (5th Cir. 1988). · cites it 2× “See Miss.Code Ann. § 29-3-52 (Supp.1987). The Tax Court, however, did not undertake to pass final judgment on the validity of the leases.”

Stewart v. Comm'r, 55 T.C.M. 1730 (Tax Ct. 1988). · cites it 2× “See Miss. Code Ann. § 29-3-52 (Supp. 1987). * * * [ 841 F.”

Paul Broadhead v. Bonita Lakes Mall (Miss. 1996). “LCBE and LCBS argue that this claim was dispensed with in the court's grant of Partial Summary Judgment, which established that the lease contracts were made and recorded in substantial conformity with the law pursuant to Miss. Code Ann. § 29-3-52 and saved for trial only the…”

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