S 1365 Session 110 (1993-1994)
S 1365 General Bill, By H.S. Stilwell, Bryan, Thomas and Wilson
Similar(H 5134)
A Bill to amend Section 5-3-140, Code of Laws of South Carolina, 1976,
relating to the alternate method of annexation when an entire area proposed to
be annexed is owned by the federal or state government, so as to provide that
the provisions of this Section must be met before any area owned by the
federal or state government is annexed; to amend Section 5-3-150 relating to
the method of annexation by which seventy-five percent of the freeholders
owning seventy-five percent of the assessed value may sign a petition
requesting area to be annexed to a municipality, so as to provide that area
belonging to the federal or state government may be annexed utilizing the
provisions of the Section, and to provide that any real property owned by a
governmental entity and leased to any other entity pursuant to a fee in lieu
of taxes transaction pursuant to the provisions of Sections 4-29-67 or 4-29-69
is considered to have an assessed valuation equal to the original cost to the
real property, and to provide that the lessee of real property pursuant to a
fee in lieu of taxes transaction is the freeholder with respect to the
property, and to provide that for purposes of this Section, any real property
included within a multi-county park pursuant to the provisions of Section
4-1-170 is considered to have the same assessed valuation that it would have
if the multi-county park did not exist.
04/14/94 Senate Introduced and read first time SJ-12
04/14/94 Senate Referred to Committee on Judiciary SJ-12
A BILL
TO AMEND SECTION 5-3-140, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD
OF ANNEXATION WHEN AN ENTIRE AREA PROPOSED TO BE
ANNEXED IS OWNED BY THE FEDERAL OR STATE
GOVERNMENT, SO AS TO PROVIDE THAT THE PROVISIONS
OF THIS SECTION MUST BE MET BEFORE ANY AREA
OWNED BY THE FEDERAL OR STATE GOVERNMENT IS
ANNEXED; TO AMEND SECTION 5-3-150 RELATING TO THE
METHOD OF ANNEXATION BY WHICH SEVENTY-FIVE
PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE
PERCENT OF THE ASSESSED VALUE MAY SIGN A PETITION
REQUESTING AREA TO BE ANNEXED TO A MUNICIPALITY,
SO AS TO PROVIDE THAT AREA BELONGING TO THE
FEDERAL OR STATE GOVERNMENT MAY BE ANNEXED
UTILIZING THE PROVISIONS OF THE SECTION, AND TO
PROVIDE THAT ANY REAL PROPERTY OWNED BY A
GOVERNMENTAL ENTITY AND LEASED TO ANY OTHER
ENTITY PURSUANT TO A FEE IN LIEU OF TAXES
TRANSACTION PURSUANT TO THE PROVISIONS OF
SECTIONS 4-29-67 OR 4-29-69 IS CONSIDERED TO HAVE AN
ASSESSED VALUATION EQUAL TO THE ORIGINAL COST TO
THE REAL PROPERTY, AND TO PROVIDE THAT THE LESSEE
OF REAL PROPERTY PURSUANT TO A FEE IN LIEU OF
TAXES TRANSACTION IS THE FREEHOLDER WITH RESPECT
TO THE PROPERTY, AND TO PROVIDE THAT FOR PURPOSES
OF THIS SECTION, ANY REAL PROPERTY INCLUDED WITHIN
A MULTI-COUNTY PARK PURSUANT TO THE PROVISIONS OF
SECTION 4-1-170 IS CONSIDERED TO HAVE THE SAME
ASSESSED VALUATION THAT IT WOULD HAVE IF THE
MULTI-COUNTY PARK DID NOT EXIST.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-3-140 of the 1976 Code is amended to
read:
"Section 5-3-140. If the territory proposed to be annexed
belongs entirely to the Federal Government or to the State of
South Carolina and is adjacent to a municipality, or is included
within the territory proposed to be annexed, it may be annexed
only upon the petition of the Federal Government or of the
State to the city or town municipal council
thereof. No territory belonging to the Federal Government
or to the State may be annexed except pursuant to this section.
As used in this section, a petition by the State shall mean
means a petition executed by the State Budget and Control
Board. Upon agreement of the city or town council to accept the
petition and the passage of an ordinance to that effect, the annexation
shall be is complete, and the election provided for in
Sections 5-3-50 to 5-3-80 shall is not be
required."
SECTION 2. Section 5-3-150 of the 1976 Code is amended to
read:
"Section 5-3-150. (1) Any area or property which is
contiguous to a city or town may be annexed to the city or town 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 the governing body to accept the petition and annex the area, and
the enactment of an ordinance declaring the area annexed to the city
or town, 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 such this property
shall may not be annexed unless the following has
been complied with: (1) The petition must be dated before the first
signature is affixed thereto to it 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 be are 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 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 municipality or any
person resident therein of it and any person
residing in the area to be annexed or owning real property
therein of 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 that suit such
the person may challenge and have adjudicated any issue
raised in connection with the proposed or completed annexation;
and (6) With respect to any territory belonging to the Federal
Government or to the State of South Carolina, the requirements of
Section 5-3-140 must have been met.
(2) The conditions relating to petitions set forth in this section
shall apply only to the alternate method of annexation as
defined in subsection (1) of this section.
(3) Notwithstanding the provisions of subsections (1) and (2) of
this section, any area or property which is contiguous to a city or town
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 governing body 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 ordinance.
This method of annexation shall be is in addition to
any other methods authorized by law.
(4) For purposes of this section any real property
owned by a governmental entity and leased to any other entity
pursuant to a fee in lieu of taxes transaction under Sections 4-29-67
or 4-29-69 is considered to have an assessed valuation equal to the
original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property
pursuant to a fee in lieu of taxes transaction under Sections 4-29-67
or 4-29-69 is the freeholder with respect to such property.
(5) For purposes of this section, any real property
included within a multi-county park under Section 4-1-170 is
considered to have the same assessed valuation that it would have if
the multi-county park did not exist."
SECTION 3. This act takes effect upon approval by the Governor.
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