H 4319 General Bill, By R.C. Fulmer
 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 require notice of the filing of a petition to
 freeholders owning property in the area proposed to be annexed and in a
 newspaper of general circulation in the area proposed to be annexed.

   01/30/92  House  Introduced and read first time HJ-6
   01/30/92  House  Referred to Committee on Judiciary HJ-6

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 REQUIRE NOTICE OF THE FILING OF A PETITION TO FREEHOLDERS OWNING PROPERTY IN THE AREA PROPOSED TO BE ANNEXED AND IN A NEWSPAPER OF GENERAL CIRCULATION 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 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 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 at least thirty days before annexation.

(4) A copy of the petition must be published in a newspaper of general circulation in the area proposed to be annexed at least thirty days before annexation.

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

(4)(6) The petition shall must 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)(7) 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 an 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) 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 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.