H 3997 Session 109 (1991-1992)
H 3997 General Bill, By J.J. Bailey
A Bill to amend Section 54-3-150, as amended, Code of Laws of South Carolina,
1976, relating to acquisition of property by the South Carolina State Ports
Authority by purchase or condemnation, so as to provide that after January 1,
1991, the Authority may not utilize the power of eminent domain on property
lying within a municipality without the consent of the governing body of the
municipality.
05/14/91 House Introduced and read first time HJ-5
05/14/91 House Referred to Committee on Judiciary HJ-5
03/24/92 House Tabled in committee
A BILL
TO AMEND SECTION 54-3-150, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITION OF
PROPERTY BY THE SOUTH CAROLINA STATE PORTS
AUTHORITY BY PURCHASE OR CONDEMNATION, SO AS TO
PROVIDE THAT AFTER JANUARY 1, 1991, THE AUTHORITY
MAY NOT UTILIZE THE POWER OF EMINENT DOMAIN ON
PROPERTY LYING WITHIN A MUNICIPALITY WITHOUT THE
CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 54-3-150 of the 1976 Code, as last amended by
Act 173 of 1987, is further amended to read:
"Section 54-3-150. For the acquiring of rights-of-way and
property necessary for the construction of terminal railroads and
structures, including railroad crossings, airports, seaplane bases, naval
bases, wharves, piers, ships, docks, quays, elevators, compresses,
refrigerator storage plants, warehouses, and other riparian and littoral
terminals and structures and approaches to them and transportation
facilities needful for their convenient use and belt line roads and
highways, causeways, and bridges and other bridges and causeways, and
for the acquiring of property necessary for the river development project
known as the Savannah River Project Below Augusta, and for the
acquiring of property necessary for the development of a harbor or
harbors within this State on the Savannah River, the authority may
purchase them by negotiation or may condemn them. The power of
eminent domain shall apply applies not only to all
property of private persons or corporations but also as to property
already devoted to public use; however, after January 1, 1991, the
authority may not utilize the power of eminent domain on properties
lying within the corporate limits of a municipality without the consent
of the governing body of the municipality."
SECTION 2. This act takes effect upon approval by the Governor.
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