Current Status Introducing Body:Senate Bill Number:1042 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Deed, ownership to marshland prima facie evidence Residing Body:Senate Current Committee:Judiciary Computer Document Number:1042 Introduced Date:19940118 Last History Body:Senate Last History Date:19940118 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1042 Senate 19940118 Introduced, read first time, 11
referred to Committee
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TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-95, SO AS TO PROVIDE THAT THE RECORDING OF A DEED WHICH GRANTS OWNERSHIP TO A MARSHLAND IS PRIMA FACIE EVIDENCE OF OWNERSHIP.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-95. (A) The recording of a deed, in either a county register of mesne conveyance office or a clerk of court's office which grants a person title to a marshland, is prima facie evidence of ownership.
(B) If a deed granting ownership of marshland is recorded in accordance with subsection (A) of this section, the burden of proof that ownership does not lie with the registered owner falls upon the party challenging such ownership."
SECTION 2. This act takes effect upon approval by the Governor.