S*632 Session 108 (1989-1990)
S*0632(Rat #0488, Act #0421 of 1990) General Bill, By Drummond, P.B. McLeod and
M.T. Rose
A Bill to amend Sections 27-9-20 and 27-9-21, Code of Laws of South Carolina,
1976, relating to conservation restrictions, so as to empower the Ducks
Unlimited Foundation, the Low Country Open Land Trust, and the Nation Ford
Land Trust to acquire and dispose of conservation restrictions or easements in
the same manner and with the same privileges as governmental bodies and the
Nature Conservancy.-amended title
04/06/89 Senate Introduced and read first time SJ-11
04/06/89 Senate Referred to Committee on Finance SJ-11
04/13/89 Senate Recalled from Committee on Finance SJ-26
04/18/89 Senate Read second time SJ-24
04/18/89 Senate Ordered to third reading with notice of
amendments SJ-24
04/25/89 Senate Read third time and sent to House SJ-15
04/26/89 House Introduced and read first time HJ-10
04/26/89 House Referred to Committee on Agriculture and Natural
Resources HJ-10
02/28/90 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-13
03/07/90 House Amended HJ-55
03/07/90 House Debate interrupted HJ-58
03/08/90 House Debate adjourned until Tuesday, March 27, 1990 HJ-1
03/28/90 House Debate adjourned until Thursday, March 29, 1990 HJ-216
03/29/90 House Amended HJ-16
03/29/90 House Read second time HJ-16
04/03/90 House Amended HJ-15
04/03/90 House Read third time and returned to Senate with
amendments HJ-17
04/04/90 Senate Concurred in House amendment and enrolled SJ-3
04/19/90 Ratified R 488
04/25/90 Signed By Governor
04/25/90 Effective date 04/25/90
04/25/90 Act No. 421
05/14/90 Copies available
(A421, R488, S632)
AN ACT TO AMEND SECTIONS 27-9-20 AND 27-9-21, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER
THE DUCKS UNLIMITED FOUNDATION, THE LOW COUNTRY OPEN LAND TRUST, AND THE
NATION FORD LAND TRUST TO ACQUIRE AND DISPOSE OF CONSERVATION
RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES
AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
Be it enacted by the General Assembly of the State of South Carolina:
Conservation restrictions or easements
SECTION 1. Section 27-9-20 of the 1976 Code is amended to read:
"Section 27-9-20. No conservation restriction or easement as
defined in Section 27-9-10 held by a governmental body, the Nature
Conservancy, the Ducks Unlimited Foundation, the nationally known
conservation organization to preserve wetlands, the Low Country Open Land
Trust, or The Nation Ford Land Trust, a nonprofit conservation
organization located in York County, which are working with the State of
South Carolina on the Heritage Trust created by executive order, whose
purposes include conservation of land or water areas or of a particular
land or water area, is unenforceable because of lack of privity of estate
or contract or lack of benefit to a particular land or because of the
benefit being assignable or being assigned to any other governmental body
with like purposes, the Nature Conservancy, the Ducks Unlimited
Foundation, the Low Country Open Land Trust, or The Nation Ford Land
Trust. All such restrictions and easements must be recorded and indexed
with the Department of Wildlife and Marine Resources and in the office
of the clerk of court or register of mesne conveyances for the county
where the land lies so as to effect its title, in the manner of other
conveyances of interests in land, and must describe the land subject to
the restrictions or easements by adequate legal description or by
reference to a recorded plat showing its boundaries.
The conservation restrictions are interests in land and may be
acquired by a governmental body, the Nature Conservancy, the Ducks
Unlimited Foundation, the Low Country Open Land Trust, or The Nation Ford
Land Trust, which have power to acquire interests in land, in the same
manner as it may acquire other interests in land. Only an entity which
has statutory authority to condemn land may exercise the power of eminent
domain to obtain conservation restrictions. Such a restriction or
easement may be enforced by injunction or proceeding in equity, and
entitles representatives of the holder of it to enter the land in a
reasonable manner and at reasonable times to assure compliance. Such a
restriction or easement may be released, in whole or in part, by the
holder for consideration, if any, as the holder determines, in the same
manner as the holder may dispose of land or other interests in land,
subject to conditions imposed at the time of creation of the restriction.
This section may not be construed to imply that a restriction,
easement, covenant, or condition which does not have the benefit of this
section is unenforceable because of a provision of this chapter. Nothing
in this section or Section 27-9-10 diminishes the powers granted by a
general or special law to acquire by purchase, gift, eminent domain, or
otherwise and to use land for public purposes, nor may it be interpreted
as restricting the use of an existing or in-future easement, express or
implied, in favor of a utility or other holder of an easement for public
purposes. The existence of conservation easements or restrictions is not
of itself proof of value as a measure of damages in an eminent domain
proceeding."
Further
SECTION 2. The first paragraph of Section 27-9-21 of the 1976 Code
is amended to read:
"A conservation restriction or easement as described in
Sections 27-9-10 and 27-9-20 may be transferred from the Nature
Conservancy, the Ducks Unlimited Foundation, the Low Country Open Land
Trust, or The Nation Ford Land Trust to the State or to or from an agency
or department of it authorized to own land, including the Wildlife and
Marine Resources Commission under the Heritage Trust or to or from a
political subdivision of the State and the efficacy of the restrictions
or easements are not affected by the transfer."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 25th day of April, 1990.
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