South Carolina Legislature


 

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S 947
Session 121 (2015-2016)


S 0947 General Bill, By Fair
 A BILL TO AMEND SECTION 57-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A COURT'S DETERMINATION AS TO WHOM THE TITLE TO AN ABANDONED OR
 CLOSED HIGHWAY VESTS, SO AS TO PROVIDE CRITERIA WHICH THE COURT MUST CONSIDER
 WHEN IT ORDERS THE ABANDONMENT OR CLOSURE OF A HIGHWAY.

   12/09/15  Senate Prefiled
   12/09/15  Senate Referred to Committee on Transportation
   01/13/16  Senate Introduced and read first time (Senate Journal-page 41)
   01/13/16  Senate Referred to Committee on Transportation
                     (Senate Journal-page 41)



S. 947

A BILL

TO AMEND SECTION 57-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COURT'S DETERMINATION AS TO WHOM THE TITLE TO AN ABANDONED OR CLOSED HIGHWAY VESTS, SO AS TO PROVIDE CRITERIA WHICH THE COURT MUST CONSIDER WHEN IT ORDERS THE ABANDONMENT OR CLOSURE OF A HIGHWAY.

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

SECTION    1.    Section 57-9-20 of the 1976 Code is amended to read:

"Section 57-9-20.    A court of competent jurisdiction may order the abandonment or closure of a portion or all of a street, road or highway upon finding that the subject road or a portion of it has for any reason ceased to be used by the public, no substantial public purpose is served by the road, or its abandonment or closure would otherwise enhance public safety. In making an evaluation under this section, the court should take into consideration the competing interest of abutting property owners, the traveling public and the local government charged with maintaining such public street, road or highway.     If the court shall determine that it is to be the best interest of all concerned that orders the abandonment or closure of such street, road or highway be abandoned or closed, the court shall then determine in whom the title thereto shall be vested and issue an appropriate order."

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

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