S 567 Session 109 (1991-1992)
S 0567 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 the signature of a freeholder
owning property in the area requesting annexation may not be counted if the
property has been reassessed within six months before the date of the first
signature on the petition.
01/30/91 Senate Introduced and read first time SJ-4
01/30/91 Senate Referred to Committee on Judiciary SJ-4
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 THE SIGNATURE OF
A FREEHOLDER OWNING PROPERTY IN THE AREA
REQUESTING ANNEXATION MAY NOT BE COUNTED IF THE
PROPERTY HAS BEEN REASSESSED WITHIN SIX MONTHS
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. The signature of a freeholder owning real
property in the area requesting annexation may not be counted toward
meeting the requirements of this subsection if the property has been
reassessed within six months before the date of the first signature on the
petition. 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) The petition shall must state the act or code
section pursuant to which the proposed annexation is to be
accomplished.
(4) 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) 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.
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