Current Status Bill Number:1209 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19960305 Primary Sponsor:Richter All Sponsors:Richter Drafted Document Number:res9876.ler Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Date of Last Amendment:19960425 Subject:Sullivan's Island, oyster planting
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960430 Introduced, read first time, 20 HANR referred to Committee Senate 19960426 Read third time, sent to House Senate 19960425 Amended, read second time, unanimous consent for third reading on Friday, 19960426 Senate 19960424 Committee report: Favorable with 07 SFGF amendment Senate 19960305 Introduced, read first time, 07 SFGF referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE AMENDMENT ADOPTED
April 25, 1996
S. 1209
S. Printed 4/25/96--S.
Read the first time March 5, 1996.
TO RESCIND AND REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING TO DAVID TRUESDELL AN EXCLUSIVE RIGHT TO PLANT OYSTERS ON A TRACT OF MARSHLAND AT THE NORTHEAST END OF SULLIVAN'S ISLAND.
Amend Title To Conform
Whereas, a resolution of the General Assembly dated December 19, 1843, granted the petition of David Truesdell granting "the exclusive use of the portion of [the] marsh ... to use ... as a place for planting oysters ... [which must not be] enclosed or embanked"; and
Whereas, this 1843 resolution granted this right to Mr. Truesdell for a duration described as "during the pleasure of the Legislature"; and
Whereas, there may have been or may be some effort to effectuate a transfer of the interest granted by the 1843 resolution; and
Whereas, in Town of Sullivan's Island v. Fegler, 457 S.E.2d 626 (S.C. Ct. App. 1995), the South Carolina Court of Appeals held that the property subject to the 1843 resolution had not converted to a fee simple and that the interest is a "limited leasehold interest for no fixed term and, thus, [the interest holder] would appear to be simply a tenant at will"; and
Whereas, it is the will of the General Assembly to terminate any and all interests in the property subject to the 1843 resolution which were or may have been granted in the 1843 resolution. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The resolution which was enacted on December 19, 1843, conveying to David Truesdell an exclusive right to plant oysters on a tract of marshland at the northeast end of Sullivan's Island is hereby repealed, thus terminating any and all rights and interests in the parcel of land, described in the resolution dated December 19, 1843, which were or may have been granted in the 1843 resolution.
SECTION 2. This act takes effect only if the Supreme Court of South Carolina denies the pending petition for certiorari in Town of Sullivan's Island v. Felger, or if the Supreme Court of South Carolina grants certiorari in that case and holds that the property subject to the 1843 resolution is not eligible for conversion into a fee simple title.