MCA Chapter 33

in effect

Miss. Code Ann. § 69-33-1 Definitions.

For the purpose of this chapter, the following words shall have the following meanings unless the context shall prescribe otherwise: “Owner” means the person, firm or corporation owning the land on which pecan trees are growing or the person, firm or corporation having legal possession of such land. “Harvesting season” means that portion of each calendar year beginning on October 1 and ending December 31.

Miss. Code Ann. § 69-33-3 Removal of pecans from public right-of-way during harvesting season prohibited.

When pecan trees are grown on private property and the branches of such trees extend over a public road, street or highway right-of-way, any pecans falling from any such pecan trees onto such public right-of-way shall be deemed the property of the owner of such pecan trees until the end of the harvesting season, and it shall be unlawful for any person, without the permission of the owner of such trees, to remove such pecans from any such public right-of-way during the harvesting season. It shall be unlawful for any person, without the permission of the owner of such trees, to pick or otherwise remove any pecans from the limbs or branches of pecan trees or to cause pecans to fall from such trees.

Miss. Code Ann. § 69-33-5 Pecans left on public right-of-way after harvesting season deemed abandoned.

Any pecans remaining on a public road, street or highway right-of-way during that portion of each calendar year except the harvesting season shall be deemed to be abandoned by the owner of such pecans, and it shall not be unlawful for any person to remove such pecans from such public right-of-way, except during the harvesting season.

Miss. Code Ann. § 69-33-7 Normal road maintenance to continue; owners not authorized to harvest pecans from interstate or limited access rights-of-way.

The provisions of this chapter shall not be construed to prohibit employees of the state highway department or the employees of a county or municipality from engaging in normal activities of maintenance on the rights-of-way of public roads, streets or highways. Nor shall the provisions of this chapter be construed to grant the owner of any pecan trees the right to harvest pecans from the rights-of-way of any interstate or other limited access highway.

Miss. Code Ann. § 69-33-9 Penalty for violations.

Any person who shall be found guilty of violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding One Hundred Dollars ($100.00) or be imprisoned not exceeding thirty (30) days in the county jail, or both.