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H. 3538
STATUS INFORMATION
General Bill
Sponsors: Reps. Herbkersman, Gullick, Funderburk and R. Brown
Document Path: l:\council\bills\dka\3171dw07.doc
Companion/Similar bill(s): 201
Introduced in the House on February 15, 2007
Currently residing in the House Committee on Judiciary
Summary: Annexation
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/15/2007 House Introduced and read first time HJ-2
2/15/2007 House Referred to Committee on Judiciary HJ-3
2/20/2007 House Member(s) request name added as sponsor: Gullick
2/27/2007 House Member(s) request name added as sponsor: Funderburk
5/8/2007 House Member(s) request name added as sponsor: R.Brown
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-105 SO AS TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO ANNEX AN AREA BY ORDINANCE IF THE AREA IS COMPLETELY SURROUNDED BY THE MUNICIPALITY; AND TO AMEND SECTION 5-3-305, RELATING TO THE DEFINITION OF CONTIGUOUS PROPERTY FOR PURPOSES OF ANNEXATION OF PROPERTY BY A MUNICIPALITY, SO AS TO DELETE CERTAIN GEOGRAPHICAL FACTORS THAT CAN BE USED TO ESTABLISH CONTIGUITY TO PROPERTY ANNEXED BY A MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 5 of the 1976 Code is amended by adding:
"Section 5-3-105. (A) The governing body of a municipality may annex, by ordinance, an area that is completely surrounded by the municipality, unless the area:
(1) contains more than fifty acres;
(2) contains more than twenty-five registered electors; and
(3) has been completely surrounded by the municipality for less than three years.
(B) Not less than thirty days before the first reading of an ordinance to annex an area completely surrounded by the municipality, the municipality shall give notice of a public hearing by publication in a newspaper of general circulation in the community, and by written notification to the taxpayer of record of all properties within the area proposed to be annexed. The public hearing must include a map of the proposed annexation area, a complete legal description of the proposed annexation area, a statement as to what public services are to be assumed or provided by the municipality, the taxes and fees required for these services, and the projected timetable for the provision or assumption of these services."
SECTION 2. Section 5-3-305 of the 1976 Code is amended to read:
"Section 5-3-305. For purposes of this chapter, 'contiguous' means property which is adjacent to a municipality and shares a continuous border. Contiguity is not established by a road, waterway, right-of-way, easement, railroad track, marshland, or utility line which connects one property to another; however, if the connecting road, waterway, easement, railroad track, marshland, or utility line intervenes between two properties, which but for the intervening connector would be adjacent and share a continuous border, the intervening connector does not destroy contiguity."
SECTION 3. This act takes effect upon approval by the Governor.
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