H 3794 General Bill, By Harrell

Similar(H 3874)
 A BILL TO AMEND SECTION 16-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CRIMINAL PENALTIES FOR TRESPASS AGAINST REAL PROPERTY, AND
 SECTION 15-67-610, RELATING TO CIVIL REMEDIES FOR TRESPASS AGAINST REAL
 PROPERTY, SO AS TO EXEMPT THE OWNER OF ABUTTING LAND FROM CRIMINAL AND CIVIL
 LIABILITY WHEN HIS ENTRY ONTO ANOTHER'S LAND IS NECESSARY FOR MAINTENANCE OR
 REPAIR, UNDER CERTAIN CIRCUMSTANCES.

   04/01/97  House  Introduced and read first time HJ-85
   04/01/97  House  Referred to Committee on Judiciary HJ-85

TO AMEND SECTION 16-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR TRESPASS AGAINST REAL PROPERTY, AND SECTION 15-67-610, RELATING TO CIVIL REMEDIES FOR TRESPASS AGAINST REAL PROPERTY, SO AS TO EXEMPT THE OWNER OF ABUTTING LAND FROM CRIMINAL AND CIVIL LIABILITY WHEN HIS ENTRY ONTO ANOTHER'S LAND IS NECESSARY FOR MAINTENANCE OR REPAIR, UNDER CERTAIN CIRCUMSTANCES.

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

SECTION 1. Section 16-11-620 of the 1976 Code, as last amended by Act 279 of 1996, is further amended to read:

"Section 16-11-620. (A)(1) Any A person is guilty of a misdemeanor who,:

(a) without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so; or

(b) any person who, having entered into the dwelling house, place of business, or on the premises of another person without having been warned fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative. shall, on

Upon conviction, the person must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

(2) All Municipal and magistrate's courts of this State as well as those of magistrates may try and determine criminal cases involving violations of this section occurring within the respective limits of such the municipalities and magisterial districts. All Peace Law enforcement officers of the State and its subdivisions shall enforce the these provisions hereof within their respective jurisdictions.

(3) The provisions of this section shall be construed as being are in addition to, and do not as superseding, supersede, any other statutes of the State relating to trespass or entry on lands of another.

(B)(1) Notwithstanding another provision of law, subsection (A) does not apply to the owner of land abutting that of another, the buildings or fixtures on which are so close to the land of the other person as to require entry on the other's land for the purpose of maintaining or repairing the buildings or fixtures to prevent waste.

(2) The owner of abutting land who enters the land of another for that purpose must not be found guilty of trespass, as provided in subsection (A), or liable civilly for damages or to ejectment, as provided in Section 15-67-620, if the entry is made expeditiously and carefully and without causing reckless or wilful injury to the land of the other, and if the owner of abutting land makes application to the court for leave to make the entry as provided in item (3).

(3) Before the entry, the owner of abutting land shall apply, pursuant to the rules of civil procedure, to the appropriate municipal or magistrate's court for permission to enter the other's land. Upon presentation of an affidavit setting forth necessity to the satisfaction of the court and the posting of a bond, not to exceed one thousand dollars, to protect the other landowner from reckless or wilful injury to his property, the abutting landowner's entry must be considered to be with legal cause and good excuse."

SECTION 2. Section 15-67-610 of the 1976 Code is amended to read:

"Section 15-67-610. If any a person shall have gone goes into or shall hereafter go into possession of any lands or tenements of another without his consent, or without warrant of law, or without permission of the court pursuant to Section 16-11-620, the owner of the land so trespassed upon may apply to any a magistrate to serve a notice on such the trespasser to quit the premises,; and if, after the expiration of five days from the personal service of such the notice, such the trespasser refuses or neglects to quit, then such the magistrate shall issue his warrant to any a sheriff or constable requiring him forthwith immediately to eject such the trespasser, using such necessary force as may be necessary."

SECTION 3. This act takes effect upon approval by the Governor.