Bill 2255

                    Current Status

Bill Number:               2255
Ratification Number:       79
Act Number:                48
Introducing Body:          House
Subject:                        Abandoned apple and peach
                           trees

(A48, R79, H2255)

AN ACT TO AMEND SECTIONS 46-35-10, 46-35-20, 46-35-50 AND 46-35-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED APPLE OR PEACH TREES SO AS TO MAKE THE PROVISIONS APPLICABLE TO APPLE, GRAPE, KIWI, NECTARINE, PEACH, PEAR, OR PLUM ORCHARDS; TO CHANGE A TIME REQUIREMENT ON A PETITION FOR AN ORDER TO REMOVE OR DESTROY NEGLECTED OR ABANDONED ORCHARD TREES FROM TEN TO TWENTY DAYS; TO PROVIDE THAT AN ORDER TO DESTROY OR REMOVE ORCHARD TREES MUST BE COMPLIED WITH WITHIN THIRTY DAYS; AND TO ALLOW AN EXTENSION OF THE TIME LIMITATION FOR REMOVAL OR DESTRUCTION IF THE OWNER FAILS TO COMPLY WITH A COURT ORDER.

Be it enacted by the General Assembly of the State of South Carolina:

Public nuisances

SECTION 1. Section 46-35-10 of the 1976 Code is amended to read:

"Section 46-35-10. Neglected or abandoned apple, grape, kiwi, nectarine, peach, pear, or plum orchards which, because of their infestation with pests, or because of other conditions, constitute a menace to the fruitgrowing industry of the State or which are host plants of or provide a favorable and likely harbor for pests are public nuisances, and it is unlawful to maintain such orchards. All remedies which are or may be given for the prevention or abatement of nuisances apply to the orchards. Whenever the State Crop Pest Commission determines by inspection that there exists a condition which constitutes a nuisance under this section on any property within its jurisdiction, it shall report the property to the circuit solicitor, naming the pests or other conditions which in its opinion are dangerous to the fruitgrowing industry of the State and if its findings justify it, state in the report that the removal or destruction of the neglected or abandoned orchard trees provides the best means for elimination of the menace."

Report

SECTION 2. Section 46-35-20 of the 1976 Code is amended to read:

"Section 46-35-20. Within twenty days from the time the circuit solicitor receives from the Commission a report, he shall prepare from the report and from the findings in it a petition to the circuit court of the county where the orchard is located for an order for the removal or destruction of the neglected or abandoned orchard trees. The petition shall set forth a description of the property, the name of the owner or person in charge or possession of the property and the name of the pest or other conditions which constitute a menace to the fruitgrowing industry of the State."

Court to determine matter

SECTION 3. Section 46-35-50 of the 1976 Code is amended to read:

"Section 46-35-50. On the day the citation is returnable the case shall have precedence of all matters except injunctions, older matters over the same character, and matters otherwise given precedence by law. The court shall decide whether or not the neglected or abandoned orchard trees must be destroyed or removed. If the court finds that the removal or destruction of the neglected or abandoned orchard trees is necessary for the welfare of the fruitgrowing industry of the State, it shall order the removal or destruction of the neglected or abandoned orchard trees within thirty days. The order must be served by the Commission, or by any person deputized by it, upon the owner, if he can be found or upon the person in charge or possession of the property. If the owner or person in charge or possession of the property cannot be found the order must be served by posting it in a conspicuous place upon the property. Upon petition by the owner and a showing that the owner has commenced the removal or destruction process and is proceeding in good faith, the circuit judge may allow a reasonable extension of time for the owner to complete the removal or destruction process."

Court to designate agency to remove trees

SECTION 4. Section 46-35-60 of the 1976 Code is amended to read:

"Section 46-35-60. If the owner fails to remove and destroy the condemned orchard trees within the time limit prescribed by the circuit court, the court shall designate an appropriate agency of the State to remove and destroy the trees. The costs of the action by the State must be charged to the owner of the property and the State shall have a lien upon the real estate to secure the payment."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.