H*3878 Session 108 (1989-1990)
H*3878(Rat #0726, Act #0588 of 1990) General Bill, By D.M. McEachin,
R.S. Corning and Hayes
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
58-7-25 so as to provide that if property is not condemned under Chapter 7 of
Title 58, the former owner has the right to repurchase the property within a
one-year period; to amend Sections 58-7-20 and 58-7-30, relating to the
conferring on pipeline and water companies the rights, powers, and privileges
of telegraph and telephone companies to condemn property, and the authority of
water companies to condemn land for waterworks, so as to correct references,
add companies providing sewerage service to those companies authorized to
condemn property, delete references describing the purposes for which a
company supplying water is qualified to condemn property, and require the
county to pass an ordinance authorizing a company to condemn property
necessary to provide sewer services.-amended title
04/13/89 House Introduced and read first time HJ-9
04/13/89 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-9
02/08/90 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-2
02/21/90 House Debate adjourned until Thursday, February 22,
1990 HJ-35
02/22/90 House Amended HJ-11
02/22/90 House Read second time HJ-11
02/27/90 House Debate adjourned until Tuesday, March 6, 1990 HJ-12
03/06/90 House Read third time and sent to Senate HJ-11
03/07/90 Senate Introduced and read first time SJ-16
03/07/90 Senate Referred to Committee on Judiciary SJ-16
03/28/90 Senate Committee report: Favorable Judiciary SJ-205
05/08/90 Senate Amended SJ-21
05/08/90 Senate Read second time SJ-21
05/08/90 Senate Ordered to third reading with notice of
amendments SJ-21
05/21/90 Senate Read third time and returned to House with
amendments SJ-8
05/30/90 House Debate adjourned on Senate amendments until
Thursday, May 31, 1990 HJ-44
05/31/90 House Senate amendment amended HJ-63
05/31/90 House Returned to Senate with amendments HJ-63
05/31/90 Senate Concurred in House amendment and enrolled SJ-19
06/05/90 Senate Recalled from Legislative Council SJ-12
06/07/90 Ratified R 726
06/11/90 Signed By Governor
06/11/90 Effective date 06/11/90
06/11/90 Act No. 588
07/06/90 Copies available
(A588, R726, H3878)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 58-7-25 SO AS TO PROVIDE THAT IF PROPERTY IS NOT CONDEMNED
UNDER CHAPTER 7 OF TITLE 58 THE FORMER OWNER HAS THE RIGHT TO
REPURCHASE THE PROPERTY WITHIN A ONE-YEAR PERIOD; TO AMEND SECTIONS
58-7-20 AND 58-7-30, RELATING TO THE CONFERRING ON PIPELINE AND WATER
COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND
TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER
COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES,
ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED
TO CONDEMN PROPERTY, DELETE REFERENCES DESCRIBING THE PURPOSES FOR
WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY, AND
REQUIRE THE COUNTY TO PASS AN ORDINANCE AUTHORIZING A COMPANY TO
CONDEMN PROPERTY NECESSARY TO PROVIDE SEWER SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
Powers granted
SECTION 1. Sections 58-7-20 and 58-7-30 of the 1976 Code are
amended to read:
"Section 58-7-20. Subject to the same duties and
liabilities, all the rights, powers, and privileges conferred upon
telegraph and telephone companies under Chapter 2 of Title 28,
including the power to condemn property, are granted to companies
engaged in supplying water or sewerage services incorporated under the
laws of this State or to companies incorporated under the laws of any
other state upon complying with the laws of this State regulating
foreign corporations and by becoming a domestic corporation.
Section 58-7-30. (A) Any corporation engaged in the business of
supplying water or sewerage services in this State or which may intend
to engage in the business of supplying water or sewerage services has
the same rights and powers of condemnation as are conferred upon
municipal corporations pursuant to the provisions of Sections
5-31-420, 5-31-430, and 5-31-440.
(B) Before a corporation engaged in supplying sewer
services as authorized under the provisions of this section exercises
the right of condemnation, the governing body of the county in which
the condemnation will occur must adopt an ordinance granting the
corporation the authority to condemn property necessary to provide
sewer services."
Right to repurchase
SECTION 2. Chapter 7, Title 58 of the 1976 Code is amended by
adding:
"Section 58-7-25. (A) If the property, or any portion of
it, condemned by a corporation engaged in the business of supplying
sewerage service, pursuant to the provisions of this chapter, is not
used for the purpose for which it was condemned within a five-year
period from the date it was condemned, the former owner has the right
to repurchase the property from the corporation upon payment of the
original purchase price.
(B) Unless the former owner exercises his right to repurchase
this property within a period of one year from the expiration of the
five-year period as provided in subsection (A), the right to
repurchase ceases when the corporation gives the former owner ninety
days' notice that the right will expire at the end of the ninety-day
period."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1990.
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