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Current Status Bill Number:View additional legislative information at the LPITS web site.1136 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020320 Primary Sponsor:Ford All Sponsors:Ford Drafted Document Number:l:\council\bills\pt\1818dw02.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Condemnation of property, municipality does not have power to condemn owner-occupied residential property located outside of municipality History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020320 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 5-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF CONDEMNATION BY A MUNICIPALITY, SO AS TO PROVIDE THAT THIS POWER DOES NOT INCLUDE OWNER-OCCUPIED RESIDENTIAL PROPERTY LOCATED OUTSIDE OF A MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-7-50 of the 1976 Code is amended to read:
"Section 5-7-50. Any A municipality desiring to become the owner of any land or to acquire any easement or right-of-way therein in it for any an authorized corporate or public purpose shall have has the right to condemn such the land or right-of-way or easement, subject to the general law of this State, within and without the corporate limits in the county in which it is situated and in any adjoining county or counties. This authority shall does not apply to any property devoted to public use or owner-occupied residential property which is taxed under the provisions of Section 12-43-220(c) located outside of a municipality; provided, however, the property of corporations not for profit organized under the provisions of Chapter 35 of Title 33, shall is not be subject to condemnation unless the municipality in which their service area is located intends to make comparable water service available in such service area and such condemnation is for that purpose. After any such the condemnation, the municipality shall assume all obligations of the corporation related to the property and the facilities thereon on it which were condemned. Provided, however, that any an incorporated municipality, or any a housing or redevelopment authority now existing or hereafter established to function, may undertake and carry out slum clearance and redevelopment work in areas which are predominately slum or blighted, the preparation of such these areas for reuse, and the sale or other disposition of such these areas to private enterprise or to public bodies for public uses and to that end the General Assembly delegates to any incorporated municipality, or such these authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any An incorporated municipality, political subdivision, or authority may acquire air rights or subsurface rights, both as hereinafter defined in this section, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of who or for what purpose acquired for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean means estates, rights and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-ways including access, support, and other appurtenant rights required for the utilization thereof of it. Subsurface rights shall mean means estates, rights, and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof of it."
SECTION 2. This act takes effect upon approval by the Governor.
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