1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 S. 981 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator Ford 10 Document Path: l:\s-jud\bills\ford\jud0024.rf.doc 11 Companion/Similar bill(s): 1030 12 13 Introduced in the Senate on January 10, 2006 14 Currently residing in the Senate Committee on Judiciary 15 16 Summary: Slum clearance and redevelopment 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 12/13/2005 Senate Prefiled 23 12/13/2005 Senate Referred to Committee on Judiciary 24 1/10/2006 Senate Introduced and read first time SJ-24 25 1/10/2006 Senate Referred to Committee on Judiciary SJ-24 26 1/11/2006 Senate Referred to Subcommittee: Gregory (ch), Ford, Elliott, Rankin, Sheheen, Campsen 27 28 29 VERSIONS OF THIS BILL 30 31 12/13/2005 32 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO A COUNTY’S POWER OF 13 EMINENT DOMAIN, SO AS TO DELETE A PROVISION 14 AUTHORIZING COUNTIES TO EXERCISE THE POWER OF 15 EMINENT DOMAIN FOR SLUM CLEARANCE AND 16 REDEVELOPMENT; TO AMEND SECTION 5-7-50, 17 RELATING TO A MUNICIPALITY’S POWER OF EMINENT 18 DOMAIN, SO AS TO DELETE A PROVISION AUTHORIZING 19 MUNICIPALITIES TO EXERCISE THE POWER OF EMINENT 20 DOMAIN FOR SLUM CLEARANCE AND 21 REDEVELOPMENT; TO AMEND SECTION 28-2-60, 22 RELATING TO THE APPLICATION OF THE EMINENT 23 DOMAIN PROCEDURE ACT, SO AS TO PROVIDE FOR 24 CIRCUMSTANCES THAT ARE NOT PUBLIC USE AND DO 25 NOT JUSTIFY CONDEMNATION OF PROPERTY; AND TO 26 AMEND SECTION 28-2-210, RELATING TO ACTIONS IN 27 CONDEMNATION, SO AS TO REFERENCE THE 28 CIRCUMSTANCES THAT ARE NOT PUBLIC USE AND DO 29 NOT JUSTIFY CONDEMNATION OF PROPERTY. 30 31 Be it enacted by the General Assembly of the State of South 32 Carolina: 33 34 SECTION 1. Subsection (15) of Section 4-9-30 of the 1976 Code 35 is amended to read: 36 37 “(15) to undertake and carry out slum clearance and 38 redevelopment work in areas which are predominantly slum or 39 blighted, the preparation of such areas for reuse, and the sale or 40 other disposition of such areas to private enterprise for private uses 41 or to public bodies for public uses and to that end the General 42 Assembly delegates to any county the right to exercise the power

1 [981] 1 1 of eminent domain as to any property essential to the plan of slum 2 clearance and redevelopment. Any county may acquire air rights 3 or subsurface rights, both as hereinafter defined, by any means 4 permitted by law for acquisition or real estate, including eminent 5 domain, and may dispose of air rights and subsurface rights 6 regardless of how or for what purpose acquired for public use by 7 lease, mortgage, sale, or otherwise. Air rights shall mean estates, 8 rights, and interests in the space above the surface of the ground or 9 the surface of streets, roads, or rights-of-way including access, 10 support, and other appurtenant rights required for the utilization 11 thereof Reserved;” 12 13 SECTION 2. Section 5-7-50 of the 1976 Code is amended to 14 read: 15 16 “Section 5-7-50. Any municipality desiring to become the owner 17 of any land or to acquire any easement or right-of-way therein for 18 any authorized corporate or public purpose shall have the right to 19 condemn such land or right-of-way or easement, subject to the 20 general law of this State, within and without the corporate limits in 21 the county in which it is situated and in any adjoining county or 22 counties. This authority shall not apply to any property devoted to 23 public use; provided, however, the property of corporations not for 24 profit organized under the provisions of Chapter 35 of Title 33, 25 shall not be subject to condemnation unless the municipality in 26 which their service area is located intends to make comparable 27 water service available in such service area and such condemnation 28 is for that purpose. After any such condemnation, the municipality 29 shall assume all obligations of the corporation related to the 30 property and the facilities thereon which were condemned. 31 Provided, however, that any incorporated municipality, or any 32 housing or redevelopment authority now existing or hereafter 33 established to function, may undertake and carry out slum 34 clearance and redevelopment work in areas which are 35 predominately slum or blighted, the preparation of such areas for 36 reuse, and the sale or other disposition of such areas to private 37 enterprise or to public bodies for public uses and to that end the 38 General Assembly delegates to any incorporated municipality, or 39 such authorities, the right to exercise the power of eminent domain 40 as to any property essential to the plan of slum clearance and 41 redevelopment. Any incorporated municipality, political 42 subdivision or authority may acquire air rights or subsurface rights, 43 both as hereinafter defined, by any means permitted by law for

1 [981] 2 1 acquisition of real estate, including eminent domain, and may 2 dispose of air rights and subsurface rights regardless of who or for 3 what purpose acquired for private or public use by lease, mortgage, 4 sale or otherwise. Air rights shall mean estates, rights and interests 5 in the space above the surface of the ground or the surface of 6 streets, roads, or rights-of-ways including access, support and 7 other appurtenant rights required for the utilization thereof. 8 Subsurface rights shall mean estates, rights and interests in the 9 space below the surface of the ground or the surface of streets, 10 roads, or rights-of-way including access, support and other 11 appurtenant rights required for the utilization thereof.” 12 13 SECTION 3. Section 28-2-60 of the 1976 Code is amended to 14 read: 15 16 “Section 28-2-60. (A) A condemnor may commence an action 17 under this chapter for the acquisition of an interest in any real 18 property necessary for any public purpose use in compliance with 19 Article I, Section 13 of the Constitution of this State and 20 subsection (C) of this section. 21 (B) The provisions of this chapter shall constitute the exclusive 22 procedure whereby condemnation may be is authorized and 23 undertaken in this State. 24 (C) Notwithstanding any other provision of law, the items 25 listed in this subsection do not constitute public use and a 26 condemnor must not condemn property for: 27 (1) purposes of private retail, office, commercial, industrial, 28 or residential development; 29 (2) enhancement of tax revenue; or 30 (3) transfer to a private person, nongovernmental entity, 31 public - private partnership, corporation, or other business entity.” 32 33 SECTION 4. Section 28-2-210 of the 1976 Code is amended to 34 read: 35 36 “Section 28-2-210. (A) Any condemnor may institute an action 37 under this chapter for the acquisition of an interest in any real 38 property necessary for any public purpose use in compliance with 39 Article I, Section 13 of the Constitution of this State and Section 40 28 - 2 - 60(C). 41 (B) The provisions of this act chapter constitute the exclusive 42 procedure whereby condemnation may be is authorized and 43 undertaken in this State.”

1 [981] 3 1 2 SECTION 5. This act takes effect upon approval by the 3 Governor. 4 ----XX---- 5

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