H 3097 Session 112 (1997-1998)
H 3097 Joint Resolution, By J.L.M. Cromer
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION
OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING A
SECTION THERETO SO AS TO ABOLISH THE DOCTRINE OF ADVERSE POSSESSION OF REAL
PROPERTY AND PROVIDE AN EXCEPTION.
01/08/97 House Prefiled
01/08/97 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-45
01/14/97 House Referred to Committee on Judiciary HJ-45
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
MISCELLANEOUS MATTERS, BY ADDING A SECTION
THERETO SO AS TO ABOLISH THE DOCTRINE OF ADVERSE
POSSESSION OF REAL PROPERTY AND PROVIDE AN
EXCEPTION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Article XVII of the Constitution
of this State be amended by adding the following
appropriately-numbered section:
"Section . The Doctrine of Adverse Possession of real
property, either at common law or by statute, is abolished and shall
not exist or be given any force or effect.
Nothing in this section shall be construed to abrogate adverse
possession which was legally established and confirmed by a court
of competent jurisdiction prior to the effective date of this section."
SECTION 2. The proposed amendment must be submitted to the
qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:
"Shall Article XVII of the Constitution of this State be amended by
adding an appropriately-numbered section so as to provide that the
Doctrine of Adverse Possession of real property is abolished, except
that this provision does not abrogate any adverse possession which
was legally established and confirmed by a court of competent
jurisdiction prior to the effective date of such abolition?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word 'Yes', and those
voting against the question shall deposit a ballot with a check or cross
mark in the square after the word 'No'."
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