H 4610 General Bill, By L.S. Whipper, Breeland, Carnell, L.L. Elliott, 
H.M. Hallman, R.J. Herdklotz, Limehouse, Moody-Lawrence, Phillips, Seithel, 
Trotter, D.C. Waldrop, Whatley, Whipper and J.M. White
 A Bill to amend Section 5-3-240, Code of Laws of South Carolina, 1976,
 relating to the definition of "freeholder" for purposes of annexation, so as
 to include within the definition a person who has owned and occupied and
 currently owns residential property for a five-year period.

   02/14/96  House  Introduced and read first time HJ-10
   02/14/96  House  Referred to Committee on Judiciary HJ-10

A BILL

TO AMEND SECTION 5-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "FREEHOLDER" FOR PURPOSES OF ANNEXATION, SO AS TO INCLUDE WITHIN THE DEFINITION A PERSON WHO HAS OWNED AND OCCUPIED AND CURRENTLY OWNS RESIDENTIAL PROPERTY FOR A FIVE-YEAR PERIOD.

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

SECTION 1. Section 5-3-240 of the 1976 Code is amended to read:

"Section 5-3-240. For the purposes of Sections 5-3-20, 5-3-50, and 5-3-160 to 5-3-240, a `freeholder' is defined as any person eighteen years of age, or older, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interests) and who owns, at the date of the petition or of the referendum, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate. A `freeholder' also means, for the purposes provided in Sections 5-3-20, 5-3-50, and 5-3-160 through 5-3-240, the current owner-occupant of residential property classified pursuant to the provisions of Section 12-43-220(c) for a period of five years."

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