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Indicates New Matter
S. 981
STATUS INFORMATION
General Bill
Sponsors: Senator Ford
Document Path: l:\s-jud\bills\ford\jud0024.rf.doc
Companion/Similar bill(s): 1030
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Slum clearance and redevelopment
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2005 Senate Prefiled
12/13/2005 Senate Referred to Committee on Judiciary
1/10/2006 Senate Introduced and read first time SJ-24
1/10/2006 Senate Referred to Committee on Judiciary SJ-24
1/11/2006 Senate Referred to Subcommittee: Gregory (ch), Ford, Elliott,
Rankin, Sheheen, Campsen
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S POWER OF EMINENT DOMAIN, SO AS TO DELETE A PROVISION AUTHORIZING COUNTIES TO EXERCISE THE POWER OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S POWER OF EMINENT DOMAIN, SO AS TO DELETE A PROVISION AUTHORIZING MUNICIPALITIES TO EXERCISE THE POWER OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT; TO AMEND SECTION 28-2-60, RELATING TO THE APPLICATION OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE FOR CIRCUMSTANCES THAT ARE NOT PUBLIC USE AND DO NOT JUSTIFY CONDEMNATION OF PROPERTY; AND TO AMEND SECTION 28-2-210, RELATING TO ACTIONS IN CONDEMNATION, SO AS TO REFERENCE THE CIRCUMSTANCES THAT ARE NOT PUBLIC USE AND DO NOT JUSTIFY CONDEMNATION OF PROPERTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subsection (15) of Section 4-9-30 of the 1976 Code is amended to read:
"(15) to undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly delegates to any county the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any county may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition or real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired for public use by lease, mortgage, sale, or otherwise. Air rights shall mean estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof Reserved;"
SECTION 2. Section 5-7-50 of the 1976 Code is amended to read:
"Section 5-7-50. Any municipality desiring to become the owner of any land or to acquire any easement or right-of-way therein for any authorized corporate or public purpose shall have the right to condemn such land or right-of-way or easement, subject to the general law of this State, within and without the corporate limits in the county in which it is situated and in any adjoining county or counties. This authority shall not apply to any property devoted to public use; provided, however, the property of corporations not for profit organized under the provisions of Chapter 35 of Title 33, shall not be subject to condemnation unless the municipality in which their service area is located intends to make comparable water service available in such service area and such condemnation is for that purpose. After any such condemnation, the municipality shall assume all obligations of the corporation related to the property and the facilities thereon which were condemned. Provided, however, that any incorporated municipality, or any housing or redevelopment authority now existing or hereafter established to function, may undertake and carry out slum clearance and redevelopment work in areas which are predominately slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise or to public bodies for public uses and to that end the General Assembly delegates to any incorporated municipality, or such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any incorporated municipality, political subdivision or authority may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of who or for what purpose acquired for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-ways including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support and other appurtenant rights required for the utilization thereof."
SECTION 3. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. (A) A condemnor may commence an action under this chapter for the acquisition of an interest in any real property necessary for any public purpose use in compliance with Article I, Section 13 of the Constitution of this State and subsection (C) of this section.
(B) The provisions of this chapter shall constitute the exclusive procedure whereby condemnation may be is authorized and undertaken in this State.
(C) Notwithstanding any other provision of law, the items listed in this subsection do not constitute public use and a condemnor must not condemn property for:
(1) purposes of private retail, office, commercial, industrial, or residential development;
(2) enhancement of tax revenue; or
(3) transfer to a private person, nongovernmental entity, public-private partnership, corporation, or other business entity."
SECTION 4. Section 28-2-210 of the 1976 Code is amended to read:
"Section 28-2-210. (A) Any condemnor may institute an action under this chapter for the acquisition of an interest in any real property necessary for any public purpose use in compliance with Article I, Section 13 of the Constitution of this State and Section 28-2-60(C).
(B) The provisions of this act chapter constitute the exclusive procedure whereby condemnation may be is authorized and undertaken in this State."
SECTION 5. This act takes effect upon approval by the Governor.
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