Mississippi Code

Miss. Code Ann. § 31-13-5 (2026)

Determination of validity of bond issues

✓ current as of July 2026

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When any county, municipality, school district, road district, drainage district, levee district, sea wall district, or any other district or subdivision authorized to issue bonds shall take steps to issue bonds for any purpose whatever, the officer or officers of such county, municipality, or district charged by law with the custody of the records of same shall, if the board issuing same so determine by order entered on its minutes, transmit to said bond attorney a certified copy of all legal papers pertaining to the issuance of said bonds, including transcripts of records and ordinances, proof of publication, and tabulation of vote, if any, and any other facts pertaining to said issuance. Said bond attorney shall thereupon as expeditiously as possible examine said legal papers, pass upon the sufficiency thereof, and render an opinion in writing, addressed to the board proposing to issue said bonds, as to the validity of same; and if any further action on the part of said board is necessary or any further data is desired, he shall indicate what is necessary to be done in the premises in order to make said bonds legal, valid, and binding. When in his opinion all necessary legal steps have been taken to make the said bond issue legal, valid, and binding, he shall render a written opinion to that effect and shall transmit all legal papers, together with his opinion, to the clerk of the chancery court of the county in which the district or municipality proposing to issue said bonds is situated, or if said district embraces more than one (1) county or parts of more than one county, then to the chancery clerk of any one of said counties. The chancery clerk shall file the same, enter the same on the docket of the chancery court, and shall promptly notify the chancellor of the district in writing that said papers are on file and the cause has been docketed. The chancellor shall then notify the chancery clerk to set the matter for hearing at some future date, not less than ten (10) days thereafter, and the clerk shall give not less than five (5) days' notice by making at least one (1) publication in some paper published in the county where the case is docketed, addressed to the taxpayers of the county, municipality, or district proposing to issue said bonds, advising that the matter will be heard on the day named. If on the day set for hearing there is no written objection filed by any taxpayer to the issuance of said bonds, a decree approving the validity of same shall be entered by the chancellor; and if the chancellor be not present the clerk shall forward him the decree prepared by the state's bond attorney for his signature, and shall enter the said decree upon his minutes in vacation.

If no written objection is filed to the validation of the bonds, certificates of indebtedness, or other written obligations which are being validated, by any taxpayer to the issuance of same, then the validation decree shall be final and forever conclusive from its date, and no appeal whatever shall lie therefrom.

If at the hearing any taxpayer of the county, municipality, or district issuing said bonds appears and files, or has filed written objection to the issuance of said bonds, then the chancellor, or the chancery clerk if the chancellor be not present, shall set the case over for another day convenient to the chancellor, not less than ten days thereafter, and shall notify the bond attorney to appear and attend the hearing. On the hearing the chancellor may hear additional competent, relevant and material evidence under the rules applicable to such evidence in the chancery court, so as to inquire into the validity of the bonds or other obligations proposed to be issued, and enter a decree in accordance with his finding.

Where written objections have been filed to the validation but not otherwise, if either party shall be dissatisfied with the decree of the chancellor, an appeal shall be granted as in other cases, provided such appeal be prosecuted and bond filed within twenty (20) days after the chancellor enters his decree. However, no appeal shall lie in any case unless written objection has been filed to the validation of the bonds or other obligations by the time set for the validation hearing. The chancery clerk shall certify the record to the supreme court as in other cases, and the supreme court shall hear the case as a preference case.

Codes, Hemingway's 1921 Supp. § 3812b; 1930, § 313; 1942, § 4314; Laws, 1917, ch. 28; Laws, 1922, ch. 252; Laws, 1928, ch. 32.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1978–2024 · leading case: Validation of Tax Anticipation Note, Series 2014 v. Humphreys Cnty. Bd. of Supervisors, 187 So. 3d 1025 (Miss. 2016).

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Validation of Tax Anticipation Note, Series 2014 v. Humphreys Cnty. Bd. of Supervisors, 187 So. 3d 1025 (Miss. 2016). · cites it 49× “Miss. Code Ann. § 31-13-5 (Rev. 2010). 6 there are “a lot of services that are given that are monthly paid expenses,” including ambulance services and garbage collecting.”

In Re Validation of $7,800,000 Comb. Util. Sys., 465 So. 2d 1003 (Miss. 1985). · cites it 8× “The Bond Validation Proceedings First, we have a bond validation proceeding instituted in accordance with Miss. Code Ann. §§ 31-13-5 et seq. (1972).”

McBride v. Meridian Pub. Imp. Corp., 730 So. 2d 548 (Miss. 1998). · cites it 8× “Pursuant to Miss.Code Ann. § 31-13-5 (1990), both transactions were submitted to the State's Bond Attorney who rendered his opinion on their compliance with the law.”

White v. Gautier Util. Dist. of Jackson Cnty., 465 So. 2d 1003 (Miss. 1985). · cites it 8× “The Bond Validation Proceedings First, we have a bond validation proceeding instituted in accordance with Miss. Code Ann. §§ 31-13-5 et seq. (1972).”

Lenoir v. Madison Cnty., 641 So. 2d 1124 (Miss. 1994). “Provided, however, that no appeal to the circuit court shall be taken from any order of the board of supervisors or municipal authorities which authorizes the issuance of sale of bonds, but all objections to any matters relating to the issuance and sale of bonds shall be…”

Validation of Lauderdale Cnty. v. Lauderdale Cnty. Bd. of Supervisors, 172 So. 3d 714 (Miss. 2015). · cites it 8× “” Miss. Code Ann. § 31-13-5 (Rev. 2010). The statute does not speak to how the chancellor determines any such bond, or even to what type of bond it refers, nor does it appear that this Court has interpreted this portion of the statute.”

Cloverleaf Mall, Ltd. v. Conerly, 387 So. 2d 736 (Miss. 1980). “Provided, however, that no appeal to the circuit court shall be taken from any order of the board of supervisors or municipal authorities which authorizes the issuance or sale of bonds, but all objections to any matters relating to the issuance and sale of bonds shall be…”

Pendleton v. Heard, 642 F. Supp. 940 (S.D. Miss. 1986). · cites it 4× “§ 31-13-5 (1972). However, if 20% or 1500 of the qualified electors of the county, whichever is less, file a petition, then a referendum election shall be called, and the board cannot issue the bonds unless 60% of the voters approve the action of the board.”

Pratt v. City of Greenville, 804 So. 2d 972 (Miss. 2001). “Provided, however, that no appeal to the circuit court shall be taken from any order of the board of supervisors or municipal authorities which authorizes the issuance or sale of bonds, but all objections to any matters relating to the issuance and sale of bonds shall be…”

Thrasher v. Bd. of Supervisors, 765 F. Supp. 896 (N.D. Miss. 1991). · cites it 5× “Section 11-51-75 provides that objections relating to the issuance and sale of bonds “shall be adjudicated and determined by the chancery court in accordance with Section 31-13-5 to 31-13-11_” Miss.Code Ann.”

Brandon v. City of Hattiesburg, 493 So. 2d 324 (Miss. 1986). · cites it 2× “See, Miss. Code Ann. §§ 31-13-5 , et seq. (1972).”

Shipman v. North Panola Consol. Sch. Dist., 641 So. 2d 1106 (Miss. 1994). · cites it 6× “Miss.Code Ann. § 31-13-5. The taxpayer/objectors claim that the bond transcript sent by the board to the State’s Bond Attorney contained material and substantial defects that should preclude validation.”

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