S 101 Session 120 (2013-2014)
S 0101 General Bill, By Coleman
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
58-17-45 SO AS TO PROVIDE THAT WITHIN ONE HUNDRED EIGHTY DAYS AFTER A RAILROAD
LINE OR TRACK HAS BEEN ABANDONED, THE RAILROAD COMPANY OWNING THE FEE OR
EASEMENT PERTAINING TO THE LINE OR TRACK PROPERTY MUST TRANSFER THE PROPERTY
TO THE POLITICAL SUBDIVISION IN WHICH IT IS LOCATED, AND TO PROVIDE FOR THE
TERMS AND CONDITIONS APPLICABLE TO THIS PROVISION.
12/13/12 Senate Prefiled
12/13/12 Senate Referred to Committee on Judiciary
01/08/13 Senate Introduced and read first time (Senate Journal-page 73)
01/08/13 Senate Referred to Committee on Judiciary
(Senate Journal-page 73)
02/06/13 Senate Referred to Subcommittee: Coleman (ch), Thurmond, Young
S. 101
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-45 SO AS TO PROVIDE THAT WITHIN ONE HUNDRED EIGHTY DAYS AFTER A RAILROAD LINE OR TRACK HAS BEEN ABANDONED, THE RAILROAD COMPANY OWNING THE FEE OR EASEMENT PERTAINING TO THE LINE OR TRACK PROPERTY MUST TRANSFER THE PROPERTY TO THE POLITICAL SUBDIVISION IN WHICH IT IS LOCATED, AND TO PROVIDE FOR THE TERMS AND CONDITIONS APPLICABLE TO THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 17, Title 58 of the 1976 Code is amended by adding:
"Section 58-17-45. Within one hundred eighty days after abandoning a railroad line or track, unless a different disposition is required by law or by the documents effectuating the railroad's acquisition of the line or track property, the line or track property must be transferred by the railroad company owning the fee or easement pertaining to the property to the political subdivision in which it is located, which shall hold title in the same manner the railroad company did. Nothing herein requires the payment of consideration by the political subdivision or the further improvement of the property or the removal of improvements, equipment, lines, or signage by the railroad company. Recording and other fees on the transfer documents required to be filed must be the responsibility of the political subdivision. Whether or not a railroad line or track has been abandoned must be in the sole discretion of the railroad company."
SECTION 2. This act takes effect upon approval by the Governor.
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