South Carolina Legislature


 

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S 999
Session 121 (2015-2016)


S 0999 General Bill, By Sheheen
 A BILL TO AMEND SECTION 5-3-120 OF THE 1976 CODE, RELATING TO AN ALTERNATE
 METHOD OF ANNEXATIONNext FOR PROPERTY OWNED BY A CORPORATION, TO PROVIDE THAT
 BLIGHTED PROPERTY MAY BE PreviousANNEXEDNext BY A MUNICIPALITY BY ORDINANCE UPON CERTAIN
 FINDINGS PROVIDED THE MUNICIPALITY IS OF A CERTAIN SIZE AND LOCATED WITH A
 CERTAIN SIZED COUNTY.

   01/19/16  Senate Introduced and read first time (Senate Journal-page 6)
   01/19/16  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 6)



VERSIONS OF THIS BILL

1/19/2016



S. 999

A BILL

TO AMEND SECTION 5-3-120 OF THE 1976 CODE, RELATING TO AN ALTERNATE METHOD OF PreviousANNEXATIONNext FOR PROPERTY OWNED BY A CORPORATION, TO PROVIDE THAT BLIGHTED PROPERTY MAY BE PreviousANNEXEDNext BY A MUNICIPALITY BY ORDINANCE UPON CERTAIN FINDINGS PROVIDED THE MUNICIPALITY IS OF A CERTAIN SIZE AND LOCATED WITH A CERTAIN SIZED COUNTY.

Whereas, blighted property located within enclaves surrounded by a municipality poses a danger to the health and safety of the municipality, yet the municipality is powerless to address the situation;

Whereas, the provisions contained in this act empowers certain municipalities to address particular blighted property located within an enclave surrounded by the municipality;

Whereas, this act establishes a constitutional classification of certain blighted property because the provisions contained in this act best meet the exigencies of this particular situation. Now, therefore,

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

SECTION    1.    Section 5-3-120 of the 1976 Code is amended to read:

"Section 5-3-120.    (A)    If the entire area proposed to be PreviousannexedNext belongs to a corporation only, it may be PreviousannexedNext on the petition of the stockholders of the corporation. Upon agreement of the governing body of the municipality to accept the petition and the passage of an ordinance to that effect by the municipality, the PreviousannexationNext is complete.

(B)    Notwithstanding subsection (A), in a county with a population of less than seventy thousand residents, the governing body of a municipality with less than eleven thousand residents that bounds on all sides a commercial property comprised of fewer than seven acres improved with commercial property of approximately seven thousand square feet, the municipality may Previousannex the area belonging to a corporation upon passage of an ordinance to that effect upon a finding by the governing body that the property constitutes 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."

SECTION    2.    This act takes effect upon approval by the Governor.

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