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H. 3632

STATUS INFORMATION

General Bill
Sponsors: Reps. Sandifer, Huggins, Bingham and Cato
Document Path: l:\council\bills\nbd\11510ac05.doc

Introduced in the House on February 24, 2005
Currently residing in the House Committee on Judiciary

Summary: Six year statute of limitations on actions of registered surveyors or employees

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/24/2005  House   Introduced and read first time HJ-7
   2/24/2005  House   Referred to Committee on Judiciary HJ-8

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/24/2005

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-285 SO AS TO CREATE A SIX-YEAR STATUTE OF LIMITATIONS ON ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING AND PROVIDE WHEN THE STATUTE OF LIMITATIONS MAY NOT BE USED AS A DEFENSE; AND TO AMEND SECTION 15-3-670, RELATING TO WHEN CERTAIN STATUTES OF LIMITATIONS CONCERNING ACTIONS BASED ON DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY ARE NOT AVAILABLE AS A DEFENSE, SO AS TO MAKE THIS DEFENSE AVAILABLE IN CONNECTION WITH SURVEYING AND LAND SURVEYING AND TO PROVIDE EXCEPTIONS.

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

SECTION    1.    Chapter 22, Title 40 of the 1976 Code is amended by adding:

"Section 40-22-285.    (A)    Notwithstanding another provision of law, a person must bring an action to recover damages for deficiency, defect, omission, error, or miscalculation in a land survey or plat against a South Carolina licensed professional land surveyor, or an employee under the supervision of the land surveyor, not more than six years from the date of the certification on the survey, plat, or title to the surveyed land parcel or when the owner transfers the land, whichever occurs first. A cause of action brought pursuant to this section accrues as of the certifying date on the land survey or plat.

(B)    The limitation provided by subsection (A) is not available as a defense to a person guilty of fraud, gross negligence, or recklessness in performing or furnishing the survey or plat or to a person who conceals this cause of action.

(C)    Nothing in this section may be construed as:

(1)    creating a cause of action not already existing or recognized; or

(2)    barring a cause of action existing or accrued on the effective date of this section."

SECTION    2.    Section 15-3-670 of the 1976 Code is amended to read:

"Section 15-3-670.    The limitation provided by Sections 15-3-640 through 15-3-660 may must not be asserted as a defense by any a person in actual possession or control, as owner, tenant, or otherwise, of the improvement at the time the defective or unsafe condition constitutes the proximate cause of the injury or death for which it is proposed to bring an action, in the event such if the person in actual possession or control knows, or reasonably should have known, of the defective or unsafe condition. The limitations provided by Sections 15-3-640 through 15-3-660 are not available as a defense to any a person guilty of fraud, gross negligence, or recklessness in providing components in furnishing materials, in developing real property, in performing or furnishing the design, plans, specifications, surveying, planning, supervision, testing or observation of construction, or construction of, or land surveying, in connection with such an the improvement, or to any a person who conceals any such this cause of action. The limitation provided by Section 15-3-640 may must not be asserted as a defense to any an action for personal injury, including a personal injury resulting in death, or property damage which is (i) by its nature not discoverable in the exercise of reasonable diligence at the time of its occurrence and (ii) the result of ingestion of or exposure to some toxic or harmful or injury producing substance, element, or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma."

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

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