H*3190 Session 109 (1991-1992)
H*3190(Rat #0007, Act #0002 of 1991) General Bill, By H.H. Keyserling and Cork
A Bill to amend Sections 27-9-20 and 27-9-21, both as amended, Code of Laws of
South Carolina, 1976, relating to conservation restrictions or easements, so
as to authorize the Beaufort County Open Land Trust, Incorporated, to acquire
and dispose of these restrictions or easements in the same manner and with the
same privileges as governmental bodies and other conservation organizations.
01/09/91 House Introduced, read first time, placed on calendar
without reference HJ-12
01/10/91 House Read second time HJ-11
01/17/91 House Read third time and sent to Senate HJ-31
01/22/91 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-12
02/13/91 Senate Read second time SJ-18
02/13/91 Senate Unanimous consent for third reading on next
legislative day SJ-18
02/14/91 Senate Read third time and enrolled SJ-17
02/20/91 Ratified R 7
02/26/91 Signed By Governor
02/26/91 Effective date 02/26/91
02/26/91 Act No. 2
03/12/91 Copies available
(A2, R7, H3190)
AN ACT TO AMEND SECTIONS 27-9-20 AND 27-9-21, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CONSERVATION RESTRICTIONS OR EASEMENTS,
SO AS TO AUTHORIZE THE BEAUFORT COUNTY OPEN LAND
TRUST, INCORPORATED, TO ACQUIRE AND DISPOSE OF THESE
RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND
WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND
OTHER CONSERVATION ORGANIZATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Conservation restrictions or easements
SECTION 1. Section 27-9-20 of the 1976 Code, as last amended by Act
421 of 1990, is further amended to read:
"Section 27-9-20. No conservation restriction or easement as
defined in Section 27-9-10 held by a governmental body, the Nature
Conservancy, the Ducks Unlimited Foundation, the nationally known
conservation organization to preserve wetlands, the Low Country Open
Land Trust, The Nation Ford Land Trust, a nonprofit conservation
organization located in York County, or the Beaufort County Open Land
Trust, Incorporated, which are working with the State of South Carolina on
the Heritage Trust created by executive order, whose purposes include
conservation of land or water areas or of a particular land or water area, is
unenforceable because of lack of privity of estate or contract or lack of
benefit to a particular land or because of the benefit being assignable or
being assigned to any other governmental body with like purposes, the
Nature Conservancy, the Ducks Unlimited Foundation, the Low Country
Open Land Trust, The Nation Ford Land Trust, or the Beaufort County
Open Land Trust, Incorporated. All such restrictions and easements must
be recorded and indexed with the Department of Wildlife and Marine
Resources and in the office of the clerk of court or register of mesne
conveyances for the county where the land lies so as to effect its title, in the
manner of other conveyances of interests in land, and must describe the
land subject to the restrictions or easements by adequate legal description
or by reference to a recorded plat showing its boundaries.
The conservation restrictions are interests in land and may be acquired
by a governmental body, the Nature Conservancy, the Ducks Unlimited
Foundation, the Low Country Open Land Trust, The Nation Ford Land
Trust, or the Beaufort County Open Land Trust, Incorporated, which have
power to acquire interests in land, in the same manner as it may acquire
other interests in land. Only an entity which has statutory authority to
condemn land may exercise the power of eminent domain to obtain
conservation restrictions. Such a restriction or easement may be enforced
by injunction or proceeding in equity, and entitles representatives of the
holder of it to enter the land in a reasonable manner and at reasonable times
to assure compliance. Such a restriction or easement may be released, in
whole or in part, by the holder for consideration, if any, as the holder
determines, in the same manner as the holder may dispose of land or other
interests in land, subject to conditions imposed at the time of creation of the
restriction.
This section may not be construed to imply that a restriction, easement,
covenant, or condition which does not have the benefit of this section is
unenforceable because of a provision of this chapter. Nothing in this
section or Section 27-9-10 diminishes the powers granted by a general or
special law to acquire by purchase, gift, eminent domain, or otherwise and
to use land for public purposes, nor may it be interpreted as restricting the
use of an existing or in-future easement, express or implied, in favor of a
utility or other holder of an easement for public purposes. The existence of
conservation easements or restrictions is not of itself proof of value as a
measure of damages in an eminent domain proceeding."
Transfer of easements or restrictions
SECTION 2. The first paragraph of Section 27-9-21 of the 1976 Code,
as last amended by Act 421 of 1990, is further amended to read:
"A conservation restriction or easement as described in Sections
27-9-10 and 27-9-20 may be transferred from the Nature Conservancy, the
Ducks Unlimited Foundation, the Low Country Open Land Trust, The
Nation Ford Land Trust, or the Beaufort County Open Land Trust,
Incorporated, to the State or to or from an agency or department of it
authorized to own land, including the Wildlife and Marine Resources
Commission under the Heritage Trust or to or from a political subdivision
of the State and the efficacy of the restrictions or easements is not affected
by the transfer."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 26th day of February, 1991. |