H 5134 Session 110 (1993-1994)
H 5134 General Bill, By Wilkins
Similar(S 1365)
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 House Introduced and read first time HJ-35
04/14/94 House Referred to Committee on Judiciary HJ-36
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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