S 109 Session 110 (1993-1994)
S 0109 General Bill, By McConnell and M.T. Rose
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 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.
01/12/93 Senate Introduced and read first time SJ-56
01/12/93 Senate Referred to Committee on Judiciary SJ-56
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 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 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 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
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.
(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
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
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.
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