South Carolina General Assembly
117th Session, 2007-2008

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3052

STATUS INFORMATION

General Bill
Sponsors: Reps. Coleman, Shoopman, Bingham and Toole
Document Path: l:\council\bills\ms\7065ahb07.doc
Companion/Similar bill(s): 155

Introduced in the House on January 9, 2007
Introduced in the Senate on January 31, 2007
Currently residing in the Senate Committee on Judiciary

Summary: Treason and eminent domain powers

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  House   Prefiled
  12/13/2006  House   Referred to Committee on Judiciary
    1/9/2007  House   Introduced and read first time HJ-36
    1/9/2007  House   Referred to Committee on Judiciary HJ-37
   1/24/2007  House   Member(s) request name added as sponsor: Bingham, Toole
   1/24/2007  House   Committee report: Favorable Judiciary HJ-2
   1/25/2007  House   Read second time HJ-18
   1/25/2007  House   Roll call Yeas-98  Nays-1 HJ-18
   1/25/2007          Scrivener's error corrected
   1/30/2007  House   Read third time and sent to Senate HJ-22
   1/31/2007  Senate  Introduced and read first time SJ-21
   1/31/2007  Senate  Referred to Committee on Judiciary SJ-21

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006
1/24/2007
1/25/2007

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

COMMITTEE REPORT

January 24, 2007

H. 3052

Introduced by Reps. Coleman, Shoopman, Bingham and Toole

S. Printed 1/24/07--H.    [SEC 1/25/07 3:38 PM]

Read the first time January 9, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3052) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

A BILL

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:

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."

----XX----

This web page was last updated on Wednesday, December 2, 2009 at 3:36 P.M.