S 0145 General Bill, By McConnell
 A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF
 SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO REQUIRE AN ELECTION ON
 ANNEXATION IF ONE OR MORE RESIDENT FREEHOLDERS OBJECTS AND FIFTY PERCENT OF
 THE ASSESSED VALUATION IS COMMERCIAL OR UNDEVELOPED AND REQUIRE NOTICE OF THE
 FILING OF A PETITION TO FREEHOLDERS OWNING PROPERTY IN THE AREA PROPOSED TO BE
 ANNEXED.

   10/17/94  Senate Prefiled
   10/17/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-53
   01/10/95  Senate Referred to Committee on Judiciary SJ-53

A BILL

TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO REQUIRE AN ELECTION ON ANNEXATION IF ONE OR MORE RESIDENT FREEHOLDERS OBJECTS AND FIFTY PERCENT OF THE ASSESSED VALUATION IS COMMERCIAL OR UNDEVELOPED AND REQUIRE NOTICE OF THE FILING OF A PETITION TO FREEHOLDERS OWNING PROPERTY IN THE AREA PROPOSED TO BE ANNEXED.

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

SECTION 1. Section 5-3-150 of the 1976 Code, as last amended by Section 142, Part II of Act 497 of 1994, is further amended to read:

"Section 5-3-150. (1)(A) Any An area or property which is contiguous to a city or town municipality may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240, owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of However, if one or more resident freeholders objects to the petition and fifty percent of the assessed valuation is commercial or undeveloped, the area or property must not be annexed until an election is held within the area proposed to be annexed on the question of extension of the corporate limits of the municipality by the annexation. The election must be held pursuant to Section 5-3-300. When the governing body agrees to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-270 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on the ordinance. This method of annexation is in addition to any other methods authorized by law;. provided, that this This property may not be annexed unless the following has been complied with:

(1) The petition must be dated before the date of the first signature is affixed to it, and all necessary signatures must be obtained within six months from the date of the petition;.

(2) The petition and all signatures to it are open for public inspection at any time on demand of any a resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed;.

(3) A freeholder owning property in the area proposed to be annexed must be notified by the municipality by registered or certified mail at his last known address that the petition has been filed.

(3)(4) The petition shall must state the act or code section pursuant to which the proposed annexation is to be accomplished;.

(4)(5) The petition shall must contain a description of the area to be annexed and there must be attached to the petition a plat of the area to be annexed;.

(5)(6) Any A municipality or any resident of it and any a person residing in the area to be annexed or owning real property of in it may institute and maintain a suit in the court of common pleas, and in that suit the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation.

(2)(B) The conditions relating to petitions set forth provided in this section apply only to the alternate method of annexation as defined in subsection (1) of this section (A).

(3)(C) Notwithstanding the provisions of subsections (1) (A) and (2) of this section (B), any an area or property which is contiguous to a city or town municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of When the governing body agrees to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-80 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on such the ordinance. This method of annexation is in addition to any other methods authorized by law.

(4)(D) For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is the freeholder with respect to such property.

(5)(E) For purposes of this section, any real property included within a multi-county park under Section 4-1-170 is considered to have the same assessed valuation that it would have if the multi-county park did not exist. Notwithstanding any other provision of law, any real property which is or has been included within a multicounty park under Section 4-1-170 and title to which is held by the State of South Carolina, may be annexed only with prior written consent of the State of South Carolina."

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