2015-2016 Bill 3972 Text of Previous Version (May 20, 2015) - South Carolina Legislature Online

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 May 20, 2015 6 7 H. 3972 8 9 Introduced by Reps. Loftis, Burns, Hamilton, Willis, Collins, 10 Clyburn, RobinsonSimpson, Bannister, Bedingfield, Gagnon, 11 Henderson, Hosey, Nanney, G.R. Smith and Spires 12 13 S. Printed 5/20/15--H. 14 Read the first time April 14, 2015. 15 16 17 THE COMMITTEE ON JUDICIARY 18 To whom was referred a Bill (H. 3972) to amend the Code of 19 Laws of South Carolina, 1976, by adding Section 6291210 so as to 20 establish that undeveloped property may be transferred without the 21 submission, etc., respectfully 22 REPORT: 23 That they have duly and carefully considered the same and 24 recommend that the same do pass: 25 26 F. GREGORY DELLENEY, JR. for Committee. 27

[3972-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 6291210 SO AS TO ESTABLISH 13 THAT UNDEVELOPED PROPERTY MAY BE 14 TRANSFERRED WITHOUT THE SUBMISSION OF A LAND 15 DEVELOPMENT PLAN; AND TO AMEND SECTION 30530, 16 RELATING TO PREREQUISITES TO RECORDING, SO AS TO 17 ESTABLISH THAT A LAND USE PLAN IS NOT REQUIRED 18 TO EXECUTE A DEED OR OTHER INSTRUMENT. 19 20 Be it enacted by the General Assembly of the State of South 21 Carolina: 22 23 SECTION 1. Article 7, Chapter 29, Title 6 of the 1976 Code is 24 amended by adding: 25 26 “Section 6291210. Nothing contained in this chapter may be 27 construed to require the submission of a land development plan 28 before the execution of a deed transferring undeveloped real 29 property.” 30 31 SECTION 2. Section 30530 of the 1976 Code is amended to read: 32 33 “Section 30530. Except as otherwise provided by statute, before 34 any deed or other instrument in writing can be recorded in this 35 State, it must be acknowledged or proved by the method described 36 in subsection (A) or (B):. 37 (A)(1) The execution of the deed or other instrument must be 38 first proved by the affidavit of a subscribing witness to the 39 instrument, taken before some officer within this State competent 40 to administer an oath. If the affidavit is taken without the limits of 41 this State, it may be taken before:

[3972] 2 1 (a) a commissioner appointed by dedimus issued by the 2 clerk of the court of common pleas of the county in which the 3 instrument is to be recorded; 4 (b) a commissioner of deeds of this State; 5 (c) a clerk of a court of record who shall make certificate 6 of the deed or other instrument under his official seal; 7 (d) a justice of the peace who shall append to the 8 certificate his official seal; 9 (e) a notary public who shall affix to the deed or other 10 instrument his official seal within the State of his appointment, 11 which is a sufficient authentication of his signature, residence, and 12 official character; 13 (f) before a minister, ambassador, consul general, consul, 14 or viceconsul, or consular agent of the United States of America; 15 or 16 (g) in the case of any officer or enlisted man of the United 17 States Army, Air Force, Navy, Marine Corps, or Coast Guard on 18 active duty outside the State or any civilian employee of any such 19 organization on active duty outside the continental confines of the 20 United States, any commissioned officer of the Army, Air Force, 21 Navy, Marine Corps, or Coast Guard, if the probating officer states 22 his rank, branch, and organization. 23 (2) The Uniform Recognition of Acknowledgments Act 24 must be complied with; or 25 (3) the person executing it shall submit an affidavit 26 subscribed to before a person authorized to perform notarial acts 27 herein or by the Uniform Recognition of Acknowledgments Act 28 that the signature on the deed or other instrument is his signature 29 and that the instrument was executed for the uses and purposes 30 stated in the instrument. 31 (B) A deed or other instrument must be signed by the grantor, 32 mortgagor, vendor, or lessor and the signing must be 33 acknowledged by the grantor, mortgagor, vendor, or lessor in the 34 presence of two witnesses, taken before some officer within this 35 State competent to administer an oath. If the acknowledgment is 36 taken without the limits of this State, it may be taken before: 37 (1) a commissioner appointed by dedimus issued by the 38 clerk of the court of common pleas of the county in which the 39 instrument is to be recorded; 40 (2) a commissioner of deeds of this State; 41 (3) a clerk of a court of record who shall make certificate of 42 the deed or other instrument under his official seal;

[3972] 3 1 (4) a justice of the peace who shall append to the certificate 2 his official seal; 3 (5) a notary public who shall affix to the deed or other 4 instrument his official seal within the State of his appointment, 5 which is a sufficient authentication of his signature, residence, and 6 official character; 7 (6) before a minister, ambassador, consul general, consul, or 8 viceconsul, or consular agent of the United States of America; or 9 (7) in the case of any officer or enlisted man of the United 10 States Army, Air Force, Navy, Marine Corps, or Coast Guard on 11 active duty outside the State or any civilian employee of any such 12 organization on active duty outside the continental confines of the 13 United States, any commissioned officer of the Army, Air Force, 14 Navy, Marine Corps, or Coast Guard, if the probating officer states 15 his rank, branch, and organization. 16 (C) Where the instrument is acknowledged by the grantor or 17 maker, the form of acknowledgement must be in substance as 18 follows: 19 20 ‘South Carolina, 21 22 ______County. 23 24 I (here give the name of the official and his official title), do 25 hereby certify that (here give the name of the grantor or maker), 26 personally appeared before me this day and acknowledged the due 27 execution of the foregoing instrument. 28 29 Witness my hand and (where an official seal is required by law) 30 official seal this the _ day of _ (year). 31 32 ______33 34 Signature of Officer’ 35 36 (D) The submission of a land use plan is not a prerequisite, and 37 may not be required to record a deed of real property.” 38 39 SECTION 3. This act takes effect upon approval by the 40 Governor. 41 XX 42

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