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H*2255 Session 106 (1985-1986)
H*2255(Rat #0079, Act #0048 of 1985) General Bill, By J.F. Anderson
A Bill to amend Sections 46-35-10, 46-35-20, 46-35-50 and 46-35-60, Code of
Laws of South Carolina, 1976, relating to neglected or abandoned apple or
peach trees so as to make the provisions applicable to apple, grape, kiwi,
nectarine, peach, pear, or plum orchards; to change a time requirement on a
petition for an order to remove or destroy neglected or abandoned orchard
trees from ten to twenty days; to provide that an order to destroy or remove
orchard trees must be complied with within thirty days; and to allow an
extension of the time limitation for removal or destruction if the owner fails
to comply with a court order.-amended title.
01/29/85 House Introduced and read first time HJ-422
01/29/85 House Referred to Committee on Agriculture and Natural
Resources HJ-422
02/06/85 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-558
02/07/85 House Amended HJ-603
02/07/85 House Read second time HJ-606
02/12/85 House Read third time and sent to Senate HJ-663
02/13/85 Senate Introduced and read first time SJ-409
02/13/85 Senate Referred to Committee on Agriculture and Natural
Resources SJ-409
03/28/85 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-1228
04/04/85 Senate Amended SJ-1354
04/04/85 Senate Read second time SJ-1354
04/08/85 Senate Read third time SJ-1378
04/08/85 Senate Returned SJ-1378
04/09/85 House Concurred in Senate amendment and enrolled HJ-2189
04/24/85 Ratified R 79
04/29/85 Signed By Governor
04/29/85 Effective date 04/29/85
04/29/85 Act No. 48
05/14/85 Copies available
(A48, R79, H2255)
AN ACT TO AMEND SECTIONS 46-35-10, 46-35-20, 46-35-50 AND 46-35-60, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED APPLE OR PEACH
TREES SO AS TO MAKE THE PROVISIONS APPLICABLE TO APPLE, GRAPE, KIWI, NECTARINE,
PEACH, PEAR, OR PLUM ORCHARDS; TO CHANGE A TIME REQUIREMENT ON A PETITION FOR AN
ORDER TO REMOVE OR DESTROY NEGLECTED OR ABANDONED ORCHARD TREES FROM TEN TO
TWENTY DAYS; TO PROVIDE THAT AN ORDER TO DESTROY OR REMOVE ORCHARD TREES MUST BE
COMPLIED WITH WITHIN THIRTY DAYS; AND TO ALLOW AN EXTENSION OF THE TIME
LIMITATION FOR REMOVAL OR DESTRUCTION IF THE  OWNER FAILS TO COMPLY WITH A COURT
ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
Public nuisances
SECTION 1. Section 46-35-10 of the 1976 Code is amended to read:
"Section 46-35-10. Neglected or abandoned apple, grape, kiwi, nectarine,
peach, pear, or plum orchards which, because of their infestation with pests, or
because of other conditions, constitute a menace to the fruitgrowing industry of
the State or which are host plants of or provide a favorable and likely harbor
for pests are public nuisances, and it is unlawful to maintain such orchards.
All remedies which are or may be given for the prevention or abatement of
nuisances apply to the orchards. Whenever the State Crop Pest Commission
determines by inspection that there exists a condition which constitutes a
nuisance under this section on any property within its jurisdiction, it shall
report the property to the circuit solicitor, naming the pests or other
conditions which in its opinion are dangerous to the fruitgrowing industry of the
State and if its findings justify it, state in the report that the removal or
destruction of the neglected or abandoned orchard trees provides the best means
for elimination of the menace."
Report
SECTION 2. Section 46-35-20 of the 1976 Code is amended to read:
"Section 46-35-20. Within twenty days from the time the circuit solicitor
receives from the Commission a report, he shall prepare from the report and from
the findings in it a petition to the circuit court of the county where the
orchard is located for an order for the removal or destruction of the neglected
or abandoned orchard trees. The petition shall set forth a description of the
property, the name of the owner or person in charge or possession of the property
and the name of the pest or other conditions which constitute a menace to the
fruitgrowing industry of the State."
Court to determine matter
SECTION 3. Section 46-35-50 of the 1976 Code is amended to read:
"Section 46-35-50. On the day the citation is returnable the case shall
have precedence of all matters except injunctions, older matters over the same
character, and matters otherwise given precedence by law. The court shall decide
whether or not the neglected or abandoned orchard trees must be destroyed or
removed. If the court finds that the removal or destruction of the neglected or
abandoned orchard trees is necessary for the welfare of the fruitgrowing industry
of the State, it shall order the removal or destruction of the neglected or
abandoned orchard trees within thirty days. The order must be served by the
Commission, or by any person deputized by it, upon the owner, if he can be found
or upon the person in charge or possession of the property. If the owner or
person in charge or possession of the property cannot be found the order must be
served by posting it in a conspicuous place upon the property. Upon petition by
the owner and a showing that the owner has commenced the removal or destruction
process and is proceeding in good faith, the circuit judge may allow a reasonable
extension of time for the owner to complete the removal or destruction
process."
Court to designate agency to remove trees
SECTION 4. Section 46-35-60 of the 1976 Code is amended to read:
"Section 46-35-60. If the owner fails to remove and destroy the condemned
orchard trees within the time limit prescribed by the circuit court, the court
shall designate an appropriate agency of the State to remove and destroy the
trees. The costs of the action by the State must be charged to the owner of the
property and the State shall have a lien upon the real estate to secure the
payment."
Time effective
SECTION 5. This act shall take effect upon approval by the Governor. |
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