in Mississippi

Hearing
At the time set forth in the notice, 37 a hearing is to be held in chancery court. At the hearing, any
evidence related to the issues of “public convenience and necessity” or reasonableness may be
presented. If the proposed incorporation is found to be reasonable and required by the public
convenience and necessity, the chancellor is to grant the incorporation as requested. If not, the
incorporation is to be denied. Additionally, the chancellor may allow only a part of the area to be
incorporated. 38
If the chancellor grants the incorporation, in whole or part, a decree is to be entered which shall
contain the following:
• a declaration that the municipal corporation is created;
• an accurate description of the boundaries of the new municipality;
• classification of the new municipality as a town or city; and
• the names of the officers of the municipality. 39
A map of the new municipality must be filed with the chancery clerk. 40
Public Convenience and Necessity
Factors that the court should look to determine whether the incorporation is required by the
public convenience and necessity were summarized by the Mississippi Supreme Court in City of
Pascagoula v. Scheffler, 487 So. 2d 196 (Miss. 1986). More recently, the Supreme Court
revisited the Scheffler holdings in City of Jackson v. Byram Incorporators:
This Court has set forth the following factors to aid the chancellor's determination of public
convenience and necessity:
• The governmental services presently provided;
• The quality of services and adequacy of all services provided;
• The services expected from other sources;
• The impairment of an immediate right vested in an adjoining city; and
• The substantial or obvious need justifying incorporation. 41
Reasonableness
The following factors have been identified as indicating reasonableness in an incorporation case
(these are not the same as those factors considered in an annexation case):
• whether a proposed area has definite characteristics of a village;
• whether the residents of the proposed area for incorporation have taken initial
steps toward incorporation;
• whether a nearby city has initiated preliminary proceedings toward annexation;
• whether there have been any financial commitments toward incorporation or
annexation proceedings;
• whether a neighboring city has the prerogative to contest incorporation;
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