H 3794 Session 112 (1997-1998)
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
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.
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.
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