South Carolina General Assembly
119th Session, 2011-2012

Download This Version in Microsoft Word format

Bill 3390

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 9, 2012

H. 3390

Introduced by Rep. R.L. Brown

S. Printed 2/9/12--H.

Read the first time January 20, 2011.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 3390) to amend Section 57-9-10, Code of Laws of South Carolina, 1976, relating to petitioning a court to abandon or close a street, road, or highway, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 57-9-10, as contained in section 1, by adding after the period on line 39:

/ The Department of Transportation shall promulgate regulations which once effective will establish the minimum mandatory size, language, and specific positioning of signs pursuant to this section./

Renumber sections to conform.

Amend title to conform.

PHILLIP D. OWENS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

EXPLANATION OF IMPACT:

The South Carolina Department of Transportation (SCDOT) indicates there is minimal impact with this bill. SCDOT reports that the posting of the sign requires an encroachment permit and the processing of the application is approximately $100 each. SCDOT estimates they only process one or two of these applications per year.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND SECTION 57-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONING A COURT TO ABANDON OR CLOSE A STREET, ROAD, OR HIGHWAY, SO AS TO PROVIDE THAT NOTICE OF INTENTION TO FILE A PETITION MUST BE POSTED ALONG THE STREET, ROAD, OR HIGHWAY SUBJECT TO THE APPROVAL OF THE LOCATION OF THE POSTING BY THE GOVERNMENTAL ENTITY RESPONSIBLE FOR MAINTENANCE OF THE STREET, ROAD, OR HIGHWAY.

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

SECTION    1.    Section 57-9-10 of the 1976 Code is amended to read:

"Section 57-9-10.    Any interested person, the State or any of its political subdivisions or agencies may petition a court of competent jurisdiction to abandon or close any street, road or highway whether opened or not. Prior to filing the petition, notice of intention to file shall be published once a week for three consecutive weeks in a newspaper published in the county where such street, road or highway is situated. Notice shall also be sent by mail requiring a return receipt to the last known address of all abutting property owners whose property would be affected by any such change, and posted by the petitioning party along the street, road, or highway, subject to approval of the location of the posting by the governmental entity responsible for maintenance of the street, road, or highway."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on February 9, 2012 at 4:48 PM