South Carolina Legislature


 

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H 3234
Session 121 (2015-2016)


H 3234 General Bill, By Merrill
 A BILL TO AMEND SECTION 54-3-119, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE STATUTORY DIRECTION TO THE STATE PORTS AUTHORITY TO SELL ALL
 REAL PROPERTY IT OWNS ON DANIEL ISLAND AND THOMAS (ST. THOMASNext) ISLAND WITH
 CERTAIN EXCEPTIONS, THE REQUIREMENT THAT THE PORTS AUTHORITY GIVE THE RIGHT OF
 FIRST REFUSAL TO FORMER LANDOWNERS ON THOMAS ISLAND WHO SOLD THEIR REAL
 PROPERTY LOCATED WITHIN THE TRANSPORTATION CORRIDOR TO THE PORTS AUTHORITY IN
 ANTICIPATION OF THE AUTHORITY'S EXERCISE OF THE POWER OF EMINENT DOMAIN, AND
 THE REQUIREMENT THAT EACH CONTRACT OF SALE PERTAINING TO THESE PARCELS ON
 THOMAS ISLAND MUST CONTAIN A COVENANT CREATING AN EASEMENT OVER THESE PARCELS
 IN FAVOR OF THE PORTS AUTHORITY FOR INGRESS AND EGRESS TO REAL PROPERTY IT
 OWNS ON DANIEL ISLAND, SO AS TO DELETE THE REQUIREMENT FOR SUCH AN EASEMENT.

   12/18/14  House  Prefiled
   12/18/14  House  Referred to Committee on Judiciary
   01/13/15  House  Introduced and read first time (House Journal-page 162)
   01/13/15  House  Referred to Committee on Judiciary
                     (House Journal-page 162)



VERSIONS OF THIS BILL

12/18/2014



H. 3234

A BILL

TO AMEND SECTION 54-3-119, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY DIRECTION TO THE STATE PORTS AUTHORITY TO SELL ALL REAL PROPERTY IT OWNS ON DANIEL ISLAND AND THOMAS (PreviousST. THOMASNext) ISLAND WITH CERTAIN EXCEPTIONS, THE REQUIREMENT THAT THE PORTS AUTHORITY GIVE THE RIGHT OF FIRST REFUSAL TO FORMER LANDOWNERS ON THOMAS ISLAND WHO SOLD THEIR REAL PROPERTY LOCATED WITHIN THE TRANSPORTATION CORRIDOR TO THE PORTS AUTHORITY IN ANTICIPATION OF THE AUTHORITY'S EXERCISE OF THE POWER OF EMINENT DOMAIN, AND THE REQUIREMENT THAT EACH CONTRACT OF SALE PERTAINING TO THESE PARCELS ON THOMAS ISLAND MUST CONTAIN A COVENANT CREATING AN EASEMENT OVER THESE PARCELS IN FAVOR OF THE PORTS AUTHORITY FOR INGRESS AND EGRESS TO REAL PROPERTY IT OWNS ON DANIEL ISLAND, SO AS TO DELETE THE REQUIREMENT FOR SUCH AN EASEMENT.

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

SECTION    1.    Section 54-3-119(B) of the 1976 Code is amended to read:

"(B)    The board shall give the right of first refusal to those former landowners on Thomas (PreviousSt. Thomas) Island who sold their land located within the transportation corridor to the authority in anticipation of the authority's exercise of eminent domain. The right of first refusal must provide that the landowner may repurchase his land at the same price for which the authority purchased it from him. Each contract for the sale of a parcel located in the transportation corridor on Thomas Island must contain a covenant creating an easement over the parcel. The easement must permit the authority, and any successor in interest to the authority, reasonable ingress and egress to the real property on Daniel Island owned by the authority as of the effective date of this section. The easement must contain express language that the easement runs with the land."

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

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