Current Status Introducing Body:House Bill Number:3830 Primary Sponsor:Hodges Committee Number:21 Type of Legislation:GB Subject:Railway corridor preservation Residing Body:House Current Committee:Education and Public Works Computer Document Number:436/11593.DW Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Apr 11, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3830 House Apr 11, 1991 Introduced, read first time, 21
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-19-190 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONDEMN PROPERTY FOR RAILWAY CORRIDOR PRESERVATION, TO EXPAND THE AUTHORITY OF THE COMMISSION TO DISTRIBUTE RAIL REVITALIZATION FUNDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that programs for railroad revitalization which assure the maintenance of safe, adequate, and efficient rail transportation services and that programs for railway corridor preservation which assure the availability of those corridors in the future are vital to the continued growth and prosperity of the State and serve the public purpose.
SECTION 2. The 1976 Code is amended by adding:
"Section 58-19-190. (A) The Department of Highways and Public Transportation is designated the agency of the State responsible for administering all state and federal railroad revitalization programs. The department is authorized to develop and adopt a state railroad plan and do all things necessary under applicable state and federal legislation to properly administer state and federal railway revitalization programs within the State. The authority shall include, but not be limited to, the power to receive federal funds and distribute and expend federal and state funds for rail programs designed to cover the costs of acquiring, by purchase, lease, or other manner as the department considers appropriate, a railroad line or other rail property to maintain existing or to provide future rail service; the costs of rehabilitating and improving rail property on railroad lines to the extent necessary to permit safe, adequate, and efficient rail service on those lines; and the costs of constructing rail or rail related facilities for the purpose of improving the quality, efficiency, and safety of rail service. The department may also preserve railroad corridors for future railroad use and interim compatible uses and may lease those corridors for interim compatible uses. This authority also includes the power to receive and administer federal financial assistance without state financial participation to railroad companies to cover the costs of local rail service continuation payments, of rail line rehabilitation, and of rail line construction as listed in this section. This section may not be construed to grant to the department the power or authority to operate directly any rail line or rail facilities.
(B) In exercising its power to preserve railroad corridors, the department may acquire property that is part of a railroad corridor and is not part of an existing, active railroad line by purchase, gift, condemnation, or other method. The procedures in Chapter 2 of Title 28 apply when the department condemns property to preserve a railroad corridor.
(C) The department is authorized to distribute to municipalities and counties state financial assistance for local rail revitalization programs."
SECTION 3. This act takes effect upon approval by the Governor.