South Carolina General Assembly
117th Session, 2007-2008

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A15, R26, S155

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen, McConnell, Leatherman, Gregory, Elliott, Rankin, Vaughn, Ryberg, Courson, Richardson, Hayes, Mescher, Ritchie, Knotts, Cleary, Alexander and Fair
Document Path: l:\council\bills\ms\7043ahb07.doc
Companion/Similar bill(s): 3052

Introduced in the Senate on January 9, 2007
Introduced in the House on January 24, 2007
Passed by the General Assembly on April 13, 2007
Governor's Action: No signature required

Summary: Treason and eminent domain

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  Senate  Prefiled
  12/13/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-95
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-95
   1/17/2007  Senate  Committee report: Favorable Judiciary SJ-13
   1/18/2007  Senate  Read second time SJ-12
   1/23/2007  Senate  Read third time and sent to House SJ-13
   1/24/2007  House   Introduced and read first time HJ-15
   1/24/2007  House   Referred to Committee on Judiciary HJ-15
   4/11/2007  House   Committee report: Favorable Judiciary HJ-2
   4/12/2007  House   Requests for debate-Rep(s). Shoopman, Crawford, 
                        Mulvaney, Whipper, Loftis, Bedingfield, Mack, Gullick, 
                        Hardwick Mahaffey, Young, JH Neal, and Hinson HJ-17
   4/12/2007  House   Read second time HJ-30
   4/12/2007  House   Roll call Yeas-109  Nays-1 HJ-32
   4/12/2007  House   Unanimous consent for third reading on next legislative 
                        day HJ-32
   4/13/2007  House   Read third time and enrolled
   4/26/2007          Ratified R 26
   4/26/2007          No signature required
    5/9/2007          Copies available
    5/9/2007          Effective date 04/26/07
   5/22/2007          Act No. 15

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006
1/17/2007
4/11/2007

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

(A15, R26, S155)

AN ACT TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

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

Constitutional amendment on eminent domain

SECTION    1.    A.    The amendment to Section 13, Article I of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 403 of 2006, having been submitted to the qualified electors at the General Election of 2006 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 13, Article I is amended to read:

"Section 13.    (A)    Except as otherwise provided in this Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made for the property. Private property must not be condemned by eminent domain for any purpose or benefit including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.

(B)    For the limited purpose of the remedy of blight, the General Assembly may provide by law that private property constituting a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is first made for the property."

B.    The amendment to Section 17, Article I of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 403 of 2006, having been submitted to the qualified electors at the General Election of 2006 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 17, Article I is amended to read:

"Section 17.    Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court."

C.    The amendment to Section 5, Article XIV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 403 of 2006, having been submitted to the qualified electors at the General Election of 2006 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 5, Article XIV is amended to read:

"Section 5.    Reserved."

Ratified the 26th day of April, 2007.

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