Mississippi Law on County Division
Longstanding Precident Permits Division and Formation of New Counties
At least 9 Mississippi counties have split and become separate counties. These include: Yazoo, Stone, Harrison, Tate, Desoto, Marshall, Colfax, Chickasaw, and Humphreys. The citizens' right to do this arises from the Mississippi Constitution, which permits splitting of a county if 50% of the affected voters agree and both resulting counties after the split are sufficiently large enough.
The Steps to Dividing a County
The Mississippi Constitution & Mississipi Code
Mississippi Constitution:
The Mississippi Legislature is given the authority to divide counties and re-draw county boundaries. It receives this authority from the Mississippi Constitution, which says: “The Legislature may provide by a two-thirds ( 2/3 ) vote of the elected members of the House of Representatives and of the Senate for the consolidation of existing counties of the State, provided, however, that such counties combined must be adjoining.” Miss. Const. , § 271. This section of the constitution tells us that the county wanting to exit one county and join another must be adjoined to the county next to it.
Additionally, under the Mississippi Constitution, “no new county shall be formed unless a majority of the qualified electors voting in each part of the county or counties proposed to be dismembered and embraced in the new county, shall separately vote therefor…. The elections provided for in this and the section next preceding shall not be held in any county oftener than once in four years. No new county shall contain less than four hundred square miles; nor shall any existing county be reduced below that size.” Miss. Const. , § 260. In other words, any new county must contain at least four hundred square miles. Likewise, the remnants of the original consolidated county that was split cannot be less than 400 square miles either following the split. As the state’s third largest county with an area of 877 square miles, Hinds County meets this Constitutional size requirement.
The Legislature's Involvement:
When a county files a petition to exit or secede by splitting, the legislature's involvement is extremely significant and multifaceted. The Mississippi Constitution charges the Mississippi legislature with the ultimate authority to create new counties and alter the boundaries of existing ones. In other words, a newly created county can only come into existence by taking territory from other surrounding counties or splitting an existing county into two, and the legislature must ensure that the new and remaining counties are of sufficient size. Additionally, the legislature is obligated to ensure that any new county assumes just proportion of the debt acquired from the split. Portwood v. Bd. of Sup'rs of Montgomery Cnty. If a county is split, resulting in part of the territory and inhabitants being separated by the creation of a new county or annexation to another county, the standard requirement is that the remaining part of the original county must retain all property, powers, rights, and privileges. Additionally, the remaining territory of the original county is solely subject to all of the original obligations and duties, unless there is an express statutory provision that states the contrary. Chickasaw Cnty. Sup'rs v. Sumner Cnty. Sup'rs. Once a new county is created, the legislature must properly direct the liabilities to be proportionate between the new county and the old county. By doing this, there is an assumption that the new county will be responsible for its fair share of debt based on the tax-producing resources of the excised territory compared to the entire county. Portwood v. Bd. of Sup'rs of Montgomery Cnty.
Option 1 - Split County
Two options for removal of Clinton and its surrounding areas from Hinds County exist. The first option is to create a new county by dividing Hinds approximately in half. This would most likely be accomplished by creating a new county who’s eastern boundary matches that of the Clinton/Jackson boundary, and extend south to Raymond, and then west to the existing Hinds/Warren boundary. The proposed new county boundary would be the northern half of the existing Hinds county, but leave the state’s capital city intact within the boundary of the remaining Hinds county.
Option 2 - Become part of Madison
The second option would be to seek annexation from Madison County directly to our north, which would include at a minimum the boundaries of the City of Clinton together with a portion of other adjoining land, so that the Clinton school district is not disturbed.
The legislature has the authority to effect either option, as it sees fit, as the creation of new counties is a matter within the power and discretion of the legislature, subject only to the restrictions imposed by the constitution.
Within these limitations, the legislature may make whatever regulations it wants regarding the division of property and the payment of existing debts, and the terms it prescribes must prevail. Courts cannot supplement legislation by assuming to adjust equities that have been ignored by the legislature. Laramie Co. v. Albany Co, 92 U. S. 307; Board Sup'rs Chickasaw Co. v. Board Sup'rs Sumner Co., 58 Miss. 619; 1 Dill. Mun. Corp. § 126 et seq." Clay Cnty. v. Chickasaw Cnty., 1 So. 753, 754–55 (Miss. 1887).
Success
Exiting Clinton and its surrounding area from Hinds County will not be easy. While longstanding law continues to permit this move, it has been over a century since it was last accomplished at any scale in Mississippi. However, the political climate for success is ripe. Our legislature has shown recognition of mismanagement by governing bodies and the plight that Hinds county residents residing in Jackson face. In recent years they have taken the unprecedented steps of removing governing authority over the Jackson airport, superimposing a separate state law enforcement body over the jusisdiction already occupied by both the Jackson police and the Hinds County Sherrif, and created a new court system that overlaps an existing elected one within the county. The legislature understands, and has shown a willingness to act. And while no formal polling has been conducted, it is difficult to imagine that a majority of affected north-Hinds voters would not embrace such a move. Indeed, it is likely that such a measure would pass by a supermajority of affected voters.
Other communities around the country facing similar circumstance to that of Clinton have recently been successful in exiting their own governing bodies to achieve political independence. A great example of such a recent success was the 2024 formation of St. George, Louisiana. Under circumstances not dissimilar to those we currently face in Clinton, a 60 square mile area formerly governed by the combined city/parish governing body of Louisiana’s capital city, Baton Rouge, petitioned the legislature and was permitted to exit and become politically independent last year. Not dissimilar to Clinton's plight, East Baton Rouge Parish was plagued with high crime from the state’s capital city along with other problems of parish misgovernance, and the absence of a sufficient political voice to effect change. Ultimately, through petition of residents and positive response from that state’s legislature, 86,000 residents of southwest East Baton Rouge Parish were permitted to split off from the blended county/city board governing them and form the independent city of St. George.
The problems arising from Jackson and the rest of Hinds County are undeniable. These problems will not fix themselves, and the political reality is that Clinton will not be able to effect change from within the board of supervisors under current supervisor districts. The time is right for Clinton to seek the only remedy provided for in our state's constitution and petition the legislature to Exit Hinds County.
Ronnie Morton
Bold Leadership
Fresh Ideas
Ronnie Morton is not the establishment's "business-as-usual" go-along-to-get-along candidate. He believes that for Clinton to remain the same, things are going to have to change. "If we continue on the same path we have traveld the past 2 decades, the Clinton that we all know and love will become unrecognizable."
Central to that need for change is the requirement that we become more business friendly and less concerned with turf and ego. We've got to have more business to attract rooftops, and we've got to have more rooftops to attract more business. But Morton believes that the most crutial change to the continued success of the city is a departure from Hinds County. Exiting Hinds County will bring:
- Lower Property Tax Rates
- Higher Property Values
- Cheaper Car Tags
Experience That Matters
Attorney at Law
The primary function of the Board of Aldermen is to create ordinances and regulations. Ronnie is the only candidate trained in the creation and interpretation of laws. He been a lawyer for over 33 years. A suma cum laude gradute of Mississippi College School of Law, Ronnie served as the Managing Editor of the Mississippi College Law Review. While a student he was selected a Pupil to the Chalres Clarke Inn of Court, and published an article on the inherint authority of courts in the law review.
Business Owner
As a local business owner in the City of Clinton for three decades, Ronnie has experienced first-hand what it is like to meet the demands of a demanding customer base, the needs of employees, and the requirements of city officials. As the only candidate that has had to make a payroll, Ronnie has a unique perspective of business owners that will be impacted by board decisions.
Law professor & Consultant
For over a decade Ronnie has taught future lawyers how to practice law as a business, and how to help clients plan their estates. As a business coach, Ronnie has been engaged by dozens of lawyers from around the country on ways to improve their practices and better serve their clients.