S*1031(Rat #0453, Act #0403 of 2006)  Joint Resolution, By Campsen, McConnell, 
Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, 
Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, 
Leventis, Ford and Drummond

Similar(S 980, H 4502)
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE
 PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY
 EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE
 PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR
 PUBLIC USE, EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR
 THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR
 THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING
 AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO
 TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER
 AND CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND,
 AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS. - ratified title

   01/10/06  Senate Introduced and read first time SJ-48
   01/10/06  Senate Referred to Committee on Judiciary SJ-48
   01/11/06  Senate Referred to Subcommittee: Gregory (ch), Ford,
                     Elliott, Campsen, Sheheen, Rankin
   02/01/06  Senate Committee report: Favorable with amendment
                     Judiciary SJ-41
   02/02/06  Senate Debate interrupted SJ-19
   02/02/06         Scrivener's error corrected
   02/07/06  Senate Amended SJ-22
   02/07/06  Senate Debate interrupted SJ-22
   02/08/06         Scrivener's error corrected
   02/08/06  Senate Amended SJ-25
   02/08/06  Senate Read second time SJ-27
   02/09/06  Senate Read third time and sent to House SJ-12
   02/09/06         Scrivener's error corrected
   02/14/06  House  Introduced and read first time HJ-3
   02/14/06  House  Referred to Committee on Judiciary HJ-4
   05/17/06  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   05/19/06         Scrivener's error corrected
   05/24/06  House  Requests for debate-Rep(s). Edge, Tripp, Loftis,
                     MA Pitts, Hagood, Duncan, Skelton, Bailey, R
                     Brown, Mitchell, Cato, Mahaffey, Moody-Lawrence,
                     Leach, Pinson, Toole, Hardwick, and Weeks HJ-22
   05/25/06  House  Debate adjourned until Tuesday, May 30, 2006 HJ-59
   05/30/06  House  Amended HJ-53
   05/30/06  House  Read second time HJ-80
   05/30/06  House  Roll call Yeas-100  Nays-11 HJ-80
   05/31/06  House  Read third time and returned to Senate with
                     amendments HJ-769
   05/31/06         Scrivener's error corrected
   05/31/06  Senate House amendment amended SJ-265
   05/31/06  Senate Returned to House with amendments SJ-265
   05/31/06  House  Non-concurrence in Senate amendment HJ-226
   05/31/06  Senate Senate insists upon amendment and conference
                     committee appointed Gregory, Sheheen, and Campsen
   06/14/06  House  Conference committee appointed Reps. Harrison,
                     Edge, and Coleman HJ-56
   06/14/06  House  Free conference powers granted HJ-224
   06/14/06  House  Free conference committee appointed Reps.
                     Harrison, Edge, and Coleman HJ-225
   06/14/06  House  Free conference report received and adopted HJ-226
   06/14/06  Senate Free conference powers granted SJ-105
   06/14/06  Senate Free conference committee appointed Gregory,
                     Sheheen, and Campsen SJ-105
   06/14/06  Senate Free conference report adopted SJ-107
   06/14/06  House  Ordered enrolled for ratification HJ-233
   06/14/06         Ratified R 453
   06/14/06         No signature required
   06/21/06         Copies available
   06/21/06         Effective date 06/14/06
   10/17/06         Act No. 403

(A403, R453, S1031)

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

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

Eminent domain amendments

SECTION    1.    A.    It is proposed that Section 13, Article I of the Constitution of this State be amended to read:

"Section 13.    (A)    Except as otherwise provided in this Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made for the property. Private property must not be condemned by eminent domain for any purpose or benefit including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.

(B)    For the limited purpose of the remedy of blight, the General Assembly may provide by law that private property constituting a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is first made for the property."

B.    It is proposed that Section 17, Article I of the Constitution of this State be amended to read:

"Section 17.    Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court.

C.    It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:

"Section 5.    Reserved."

Question

SECTION    2.    The proposed amendments in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 13, Article I of the Constitution of this State be amended so as to provide that except as otherwise provided in the Constitution, private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use; and to further provide that for the limited purpose of the remedy of blight, the General Assembly may provide by law that private property, if it meets certain conditions, may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is first made for the property; and must Section 17, Article I of the Constitution of this State be amended to delete undesignated paragraphs that give slum clearance and redevelopment power to municipalities and housing or redevelopment authorities in Sumter and Cherokee Counties; and must the Constitution of this State be amended to delete Section 5, Article XIV, which provides slum clearance and redevelopment power over blighted properties to municipalities and housing or redevelopment authorities in Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties?"

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Ratified the 14th day of June, 2006.