South Carolina General Assembly
106th Session, 1985-1986

Bill 2726

                    Current Status

Bill Number:               2726
Ratification Number:       231
Act Number:                151
Introducing Body:          House
Subject:                        Public Railways Commission
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A151, R231, H2726)

AN ACT TO AMEND SECTION 58-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION, SO AS TO ADD TWO MEMBERS TO THE COMMISSION AND TO AMEND SECTION 58-19-30, RELATING TO POWERS OF THE COMMISSION, SO AS TO PROVIDE THAT IT MAY ACQUIRE RIGHTS-OF-WAY OF ABANDONED RAILROADS BY GIFT OR PURCHASE.

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

Railway Commission created

SECTION 1. Section 58-19-10 of the 1976 Code is amended to read:

"Section 58-19-10. There is created the South Carolina Public Railways Commission (the Commission) composed of five members appointed by the Governor, with the advice and consent of the Senate. Members of the Commission shall serve for terms of five years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only."

Members added

SECTION 2. Of the two members added to the South Carolina Public Railways Commission by Section 1 of this act, one shall serve an initial term of four years and one an initial term of three years. Power of eminent domain

SECTION 3. Item (5) of Section 58-19-30 of the 1976 Code is amended to read:

"(5) To have the power of eminent domain. If the Commission should elect to exercise its right of eminent domain, condemnation proceedings must be maintained by and in the name of the Commission, and it may proceed in the same manner as provided by law for any county, municipality, or authority, the Department of Highways and Public Transportation, railroad, corporation, or in any other manner provided by law, specifically including Chapter 5, Title 28; Article 3, Chapter 5, Title 57; and Article 13, Chapter 15, Title 58, Code of Laws of South Carolina, 1976, as the Commission may in its discretion elect. The Commission may also acquire the rights-ofway of abandoned railroads by gift or purchase;"

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.