H*5242(Rat #0382, Act #0255 of 2004)  General Bill, By Chellis
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY
 ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE
 PROVISIONS FOR LEGAL RECORDS. - ratified title

   05/12/04  House  Introduced, read first time, placed on calendar
                     without reference HJ-34
   05/13/04  House  Read second time HJ-19
   05/13/04  House  Unanimous consent for third reading on next
                     legislative day HJ-19
   05/14/04  House  Read third time and sent to Senate HJ-3
   05/18/04  Senate Introduced and read first time SJ-12
   05/18/04  Senate Referred to delegation from Dorchester SJ-12
   05/19/04  Senate Recalled from delegation Dorchester SJ-2
   05/20/04  Senate Read second time SJ-24
   05/20/04  Senate Ordered to third reading with notice of
                     amendments SJ-24
   05/26/04  Senate Read third time and enrolled SJ-23
   06/02/04         Ratified R 382
   06/15/04         Signed By Governor
   06/24/04         Copies available
   06/24/04         Effective date 06/15/04
   06/24/04         Act No. 255

(A255, R382, H5242)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Whereas, the governing bodies of Dorchester and Charleston counties have no objection to a change in the county lines of both counties; and

Whereas, Section 7, Article VII of the Constitution of South Carolina, 1895, requires before any county line is altered the question must be submitted to the qualified electors of the territory proposed to be taken from one county and given to another; and

Whereas, at this time there are no inhabitants in the territory proposed to be taken from Charleston County and given to Dorchester County; and

Whereas, the South Carolina Attorney General has issued an opinion, Op. Atty. Gen., 90-67 (November 21, 1990), which concludes that when there are no inhabitants and therefore no qualified electors in the territory being moved from one county to another no election is required to move a county line between two counties. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Territory transferred to Dorchester County from Charleston County

SECTION    1.    Chapter 3, Title 4 of the 1976 Code is amended by adding:

"Section 4-3-235.    (A)(1)    The following described portion of Charleston County is transferred and annexed to Dorchester County:

All that area, approximately 30.12 acres, now lying in the County of Charleston and identified as TMS #379-00-00-064 and is Tract 6, a portion of Gahagan Plantation, and shown on a map prepared by Cornerstone Surveying & Engineering, Incorporated, designated as project #04069 and dated October 1, 1993.

(2)    The proper proportion of the existing Charleston County indebtedness of the area transferred must be assumed by Dorchester County.

(B)    Upon application, the clerk of court, register of mesne conveyances, sheriff, and probate judge of Charleston County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Dorchester County, it has the same force and effect in Dorchester County that it had in Charleston County and any record not transferred continues in force and effect, and each has the same force and effect in Dorchester County as if it had been transferred and made a record in the proper office in Dorchester County."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2004.

Approved the 15th day of June, 2004.