S 538 Session 109 (1991-1992)
S 0538 General Bill, By M.T. Rose and R.L. Helmly
A Bill to amend Section 5-3-150, 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 provide that a list of all freeholders owning
property in the area proposed to be annexed must be filed with the Clerk of
the annexing municipality thirty days before the date of the first signature
on the petition.
01/23/91 Senate Introduced and read first time SJ-9
01/23/91 Senate Referred to Committee on Judiciary SJ-9
A BILL
TO AMEND SECTION 5-3-150, 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 PROVIDE THAT A LIST OF ALL
FREEHOLDERS OWNING PROPERTY IN THE AREA PROPOSED
TO BE ANNEXED MUST BE FILED WITH THE CLERK OF THE
ANNEXING MUNICIPALITY THIRTY DAYS BEFORE THE DATE
OF THE FIRST SIGNATURE ON THE PETITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-3-150 of the 1976 Code is 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
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
shall be is complete and the election provided for in
Sections 5-3-50 through 5-3-270 shall is not be
required. No member of the governing body who owns property or
stock in a corporation owning property in the area proposed to be
annexed shall be is eligible to vote on such
the ordinance. This method of annexation shall be
is in addition to any other methods authorized by
law.; provided, that no No such
property shall may be annexed unless the following has
been complied with:
(1) The petition must be dated before the date of the first
signature is affixed thereto and all necessary signatures must be
obtained within six months from the date of the petition.
(2) The petition and all signatures thereto to it
shall must be open for public inspection at any time on
demand of any resident of the municipality or area affected by the
proposed annexation or by anyone owning property in the area to be
annexed.
(3) A list of all freeholders owning property in the area
proposed to be annexed must be filed with the clerk of the annexing
municipality thirty days before the date of the first signature on the
petition.
(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 contain a description
of the area to be annexed and there shall must be
attached to the petition a plat of the area to be annexed. and
(5) (6) Any A municipality or
any person resident therein of it and any
a person residing in the area to be annexed or owning real
property therein in it is empowered and authorized
to may institute and maintain a suit in the court of
common pleas, or in a county court in those counties where the
county courts have concurrent jurisdiction with the court of common
pleas in such matters, and in such. In this suit
such 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 shall apply only to the
alternate method of annexation as defined in subsection (1)
(A) of this section.
(3) (C) Notwithstanding the provisions of
subsections (1) (A) and (2) (B) of this
section, 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 all persons owning real estate in the
area requesting annexation. Upon the agreement of the
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 shall be is complete and the election
provided for in Sections 5-3-50 through 5-3-80 shall is
not be required. No member of the governing body who owns
property or stock in a corporation owning property in the area proposed
to be annexed shall be is eligible to vote on such
the ordinance. This method of annexation shall be
is in addition to any other methods authorized by
law."
SECTION 2. This act takes effect upon approval by the Governor.
-----XX----- |