South Carolina General Assembly
110th Session, 1993-1994

Bill 3677


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3677
Primary Sponsor:                Jaskwhich
Committee Number:               15
Type of Legislation:            GB
Subject:                        Railroad Preservation and
                                Revitalization Act
Residing Body:                  Senate
Computer Document Number:       436/11044AC.93
Introduced Date:                19930310    
Date of Last Amendment:         19930527    
Last History Body:              Senate
Last History Date:              19930601    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Jaskwhich
                                     Hodges
                                     Meacham
                                     Barber
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3677  Senate  19930601      Introduced, read first time,    15
                            referred to Committee
3677  House   19930531      Read third time, sent to
                            Senate
3677  House   19930531      Reconsidered vote whereby the
                            Bill was given unanimous
                            consent to receive third
                            reading
3677  House   19930527      Amended, read second time,
                            unanimous consent for third
                            reading on Friday, May 28,
                            1993                            
3677  House   19930520      Committee Report: Favorable     21
                            with amendment
3677  House   19930310      Introduced, read first time,    21
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

May 27, 1993

H. 3677

Introduced by REPS. Jaskwhich, Hodges, Meacham and Barber

S. Printed 5/27/93--H.

Read the first time March 10, 1993.

A BILL

TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.

Amend Title To Conform

Whereas, the General Assembly finds essential the preservation of railroad rights-of-way to assure the availability of these corridors for potential future railroad revitalization and public transportation needs; and

Whereas, preservation of railroad rights-of-way and easements for present and future transportation uses and interim compatible public uses are vital to the growth and prosperity of South Carolina and serve the public purpose. Now, therefore,

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

SECTION 1. Title 58 of the 1976 Code is amended by adding:

"CHAPTER 20

Railroad Preservation and Revitalization

Section 58-20-10. The South Carolina Department of Highways and Public Transportation is designated as the agency of the State principally responsible for preserving railroad rights-of-way for future use. This authority includes, but is not limited to, the power to apply for and to receive state, federal, or other funds for rail corridor preservation and revitalization programs but does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning use or preservation of available railroad rights-of-way or from applying or receiving funds for rail corridor preservation and revitalization programs.

Section 58-20-20. As used in this chapter, `department' means the South Carolina Department of Highways and Public Transportation.

Section 58-20-30. The department shall develop and submit a state railroad corridor preservation and revitalization plan to the House Education and Public Works Committee and the Senate Transportation Committee.

Section 58-20-40. In developing the state railroad corridor preservation and revitalization plan, the department shall:

(a) study the feasibility of preserving existing rail corridors for future mass transit purposes;

(b) take into consideration the interests of the South Carolina Public Railways Commission, the Department of Parks, Recreation and Tourism, the Coordinating Council for Economic Development, the Public Service Commission, and other concerned agencies, departments, and commissions, affected counties, metropolitan planning organizations, cities, and towns, and regional transportation authorities;

(c) review the rail preservation and revitalization activities within the State and in adjoining states;

(d) examine the preservation potential for transportation uses of all corridors proposed for abandonment and evaluate existing and former railroad rights-of-way or easements within incorporated areas of the State to determine suitability of those portions within incorporated areas of the State for trail or other compatible interim public uses including, but not limited to, walking, running, use of manual or motorized wheelchairs by mobility-impaired people, bicycling, roller skating, in-line skating and, as appropriately permitted, equestrian activities and operation of certain off-road motorized vehicles. The foregoing activities are considered whether for transportation or recreational purposes;

(e) receive and consider proposals or recommendations for projects submitted by a public or private entity or any individual;

(f) examine the availability of public and private funds in furtherance of programs consistent with this section;

(g) develop a comprehensive plan for the continued maintenance of properties acquired or developed.

Section 58-20-50. The department, or another agency or entity to which the department has leased or transferred title to a rail corridor for preservation for future use and for interim compatible public use, by permit may authorize use of the corridor for other temporary public purposes compatible with the interim public use and preservation of the corridor for future rail use. The Department may use or permit to be used for public compatible interim recreational purposes only those corridors, or portions thereof, acquired for preservation and/or revitalization that are located within incorporated areas of the State. Before use of the right-of-way for any interim compatible recreational purpose, the Department must secure the agreement for such use from all landowners whose property adjoins the corridor. If a permit is issued for temporary public use that damages or adversely affects the interim public use or preservation of the corridor for future rail use, the damages or adverse effects must be fully mitigated. A fee may be assessed for issuing a temporary public use permit.

Section 58-20-60. A railroad right-of-way that is held for railroad right-of-way preservation or that is the subject of a railroad right-of-way preservation agreement must be considered held for railroad use and may not be considered abandoned for the purpose of any law. A right-of-way preservation agreement may for those portions of a corridor within an incorporated area provide for an interim public use of a right-of-way in a manner compatible with maintaining the right-of-way for other future rail purposes. The department may negotiate easements or similar uses incident to the provision of utility, communication, cable or similar services not inconsistent with preservation of the corridor for future transportation purposes for all property acquired pursuant to this chapter.

Section 58-20-70. The department may use or distribute state, federal, or other funds at its disposal to appropriate private or public entities for the purpose of rail corridor preservation and revitalization programs or other interim compatible uses consistent with this chapter. These funds may be used for, but are not limited to, purchasing rights-of-way or easements or for constructing facilities associated with interim public uses.

Section 58-20-80. Notwithstanding any provision of law to the contrary, the department has a preferential right to acquire railroad rights-of-way and easements proposed for abandonment (or discontinuance of service) for purposes of preservation for present and future transportation uses and may permit interim compatible public uses consistent with this chapter. This right applies to all property located in this State that was acquired for the purpose of operating a railroad on the property and for which authorization is being sought from the Interstate Commerce Commission for abandonment of the line or to discontinue service. A property owner of a railroad right-of-way must notify the Executive Director of the department and the Executive Director of the Department of Parks, Recreation and Tourism, in writing by certified mail, at the time of filing for authorization from the Interstate Commerce Commission for abandonment of a line in this State or for discontinuance of service. No property owner may dispose of the property without having first obtained a release of the preferential right from the department or the department having failed to exercise its preferential rights as provided in Section 58-20-90.

Section 58-20-90. Within ninety days after the property owner has notified the department and the Department of Parks, Recreation and Tourism that it is seeking authorization from the Interstate Commerce Commission for abandonment of a line in this State or for discontinuance of service, the department must notify the property owner in writing by certified mail that it has tentatively determined that the preferential right is being exercised or provide the property owner with a release of this right. Within one hundred and eighty days of notification that the right is being exercised, an agreement must be reached in writing with the property owner or a condemnation action initiated or the railroad right-of-way is deemed released by the department.

Section 58-20-100. The department may acquire by purchase, gift, condemnation, or other method property that is part of a railroad line including a railroad right-of-way or easement or other property needed to carry out the purposes of this chapter. Condemnation of railroad rights-of-way, as applied in this section, pertains only to railroad lines wherein the property owner has notified the department that it has sought or is seeking authorization from the Interstate Commerce Commission for abandonment or discontinuance of service. In purchasing property, if an offer is not accepted by the seller, the department may condemn the property and the condemnation procedures in Chapter 2, Title 28 apply.

Section 58-20-110. The department shall establish an advisory council for those railroad rights-of-way acquired by the department for preservation or revitalization and contemplated for use for any interim recreational purpose. Notwithstanding any other provision of this chapter, prior to use of a right-of-way acquired pursuant to this chapter for any interim compatible recreational purpose, the department must secure the agreement of all landowners whose property adjoins the corridor. The advisory council must be appointed as early as possible to assist the work of the department. The duties of the advisory councils are to assist and advise the department concerning protection and management of each existing or abandoned railroad right-of-way prior to use of the corridor for any interim compatible purpose. Each advisory council must consist of not less than six nor more than ten members who must be selected from local government, landowners, community interests, and the Highway Department, whose staff member must serve as chairman. The landowners must constitute a majority of the membership on each council.

Section 58-20-120. The department must establish rules concerning public access to railroad corridors and is responsible for fencing, control of noxious weeds, maintenance of the right-of-way and other such costs which were required of the railroad. If the Highway Department should determine to sell, transfer or otherwise dispose of real property acquired pursuant to this title, the adjoining landowner shall be granted a preferential right of first refusal to acquire the property. This section shall not be construed to extinguish any existing rights or interests to the real property. The operation, use or ownership of the corridor is not taxable except in instances wherein a non-governmental private entity acquires ownership, lease, or use of the corridor for-profit purposes.

Section 58-20-130. Beginning July 1, 1995, the department shall submit an annual report to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee concerning its railroad preservation and revitalization activities and progress, including, but not limited to, implementation of and any revisions to the state railroad corridor preservation and revitalization plan required by this chapter."

SECTION 2. The state railroad corridor preservation and revitalization plan required by Section 58-20-30, as contained in Section 1 of this act, must be submitted by the department to the House Education and Public Works Committee and the Senate Transportation Committee by July 1, 1994.

SECTION 3. This act takes effect upon approval by the Governor.

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