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Bill Number: 3878 Ratification Number: 726 Act Number 588 Introducing Body: House Subject: Powers granted
(A588, R726, H3878)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-7-25 SO AS TO PROVIDE THAT IF PROPERTY IS NOT CONDEMNED UNDER CHAPTER 7 OF TITLE 58 THE FORMER OWNER HAS THE RIGHT TO REPURCHASE THE PROPERTY WITHIN A ONE-YEAR PERIOD; TO AMEND SECTIONS 58-7-20 AND 58-7-30, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY, AND REQUIRE THE COUNTY TO PASS AN ORDINANCE AUTHORIZING A COMPANY TO CONDEMN PROPERTY NECESSARY TO PROVIDE SEWER SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 58-7-20 and 58-7-30 of the 1976 Code are amended to read:
"Section 58-7-20. Subject to the same duties and liabilities, all the rights, powers, and privileges conferred upon telegraph and telephone companies under Chapter 2 of Title 28, including the power to condemn property, are granted to companies engaged in supplying water or sewerage services incorporated under the laws of this State or to companies incorporated under the laws of any other state upon complying with the laws of this State regulating foreign corporations and by becoming a domestic corporation.
Section 58-7-30. (A) Any corporation engaged in the business of supplying water or sewerage services in this State or which may intend to engage in the business of supplying water or sewerage services has the same rights and powers of condemnation as are conferred upon municipal corporations pursuant to the provisions of Sections 5-31-420, 5-31-430, and 5-31-440.
(B) Before a corporation engaged in supplying sewer services as authorized under the provisions of this section exercises the right of condemnation, the governing body of the county in which the condemnation will occur must adopt an ordinance granting the corporation the authority to condemn property necessary to provide sewer services."
Right to repurchase
SECTION 2. Chapter 7, Title 58 of the 1976 Code is amended by adding:
"Section 58-7-25. (A) If the property, or any portion of it, condemned by a corporation engaged in the business of supplying sewerage service, pursuant to the provisions of this chapter, is not used for the purpose for which it was condemned within a five-year period from the date it was condemned, the former owner has the right to repurchase the property from the corporation upon payment of the original purchase price.
(B) Unless the former owner exercises his right to repurchase this property within a period of one year from the expiration of the five-year period as provided in subsection (A), the right to repurchase ceases when the corporation gives the former owner ninety days' notice that the right will expire at the end of the ninety-day period."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1990.