Current Status Introducing Body:Senate Bill Number:124 Primary Sponsor:McConnell Committee Number:11 Type of Legislation:GB Subject:Municipality, right of condemnation of land Residing Body:Senate Current Committee:Judiciary Computer Document Number:OLDVS/LIBX/2376 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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124 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
124 Senate Sep 17, 1990 Prefiled, referred to 11
Committee
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TO AMEND SECTION 5-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MUNICIPALITY'S ACQUISITION OF LAND, EASEMENT, OR RIGHT-OF-WAY BY CONDEMNATION; SECTION 28-2-60, RELATING TO THE APPLICATION OF THE EMINENT DOMAIN PROCEDURE ACT; AND SECTION 28-2-450, RELATING TO A MUNICIPALITY'S RIGHT OF CONDEMNATION, SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A MUNICIPALITY MAY CONDEMN LAND TO ESTABLISH A PARK, PLAYGROUND, OR RECREATIONAL FACILITY AND FOR A CONDEMNEE TO REACQUIRE HIS FORMER PROPERTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-7-50 of the 1976 Code is amended to read:
"Section 5-7-50. Any A municipality desiring to become the owner of any land or to acquire any an easement or a right-of-way therein in the municipality for any an authorized corporate or public purpose shall have the right to may condemn such the land or, right-of-way, or easement, subject to the general law of this State, within and without the corporate limits in the county in which it is situated and in any an adjoining county or counties. This authority shall does not apply to any property devoted to public use; provided, however. However, the property of corporations not for profit organized under the provisions of Chapter 35 of Title 33, shall are not be subject to condemnation unless the municipality in which their service area is located intends to make comparable water service available in such the service area and such the condemnation is for that purpose. After any such the condemnation, the municipality shall assume all assumes the obligations of the corporation related to the property and the facilities thereon on the property which were condemned. Provided, however However, that any an incorporated municipality, or any a housing or redevelopment authority now existing or hereafter later established to function, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such the areas for reuse, and the sale or other disposition of such the areas to private enterprise or to public bodies for public uses and to. To that end the General Assembly delegates to any an incorporated municipality, or such these authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any An incorporated municipality, a political subdivision, or an authority may acquire air rights or subsurface rights, both as hereinafter defined in this section, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of who or for what purpose acquired for private or public use by lease, mortgage, sale, or otherwise. Air rights shall mean estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-ways including access, support, and other appurtenant rights required for the utilization thereof of the estates, rights, and interests. Subsurface rights shall mean estates, rights, and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof of the estates, rights, and interests. However, a municipality may not condemn land within or outside its corporate limits to establish a park, playground, or recreational facility unless the municipality proves by clear and convincing evidence that condemning the property is an absolute public necessity and that the particular property subject to condemnation is the only available property for the park, playground, or recreational facility. In determining the availability of other property, trees in excess of one hundred years old and natural geological formations must not be considered as factors for limiting availability. A condemnee may reacquire his former property condemned by a municipality outside its corporate limits to establish a park, playground, or recreational facility if the condemnee can prove by clear and convincing evidence that the property condemned was not the only available property for the park, playground, or recreational facility. A condemnee's right to reacquire the property must be exercised within two years after the date on which the condemnation is effective. If a condemnee exercises his right to reacquire property under this section, he shall pay to the municipality the purchase price paid by the municipality plus the cost of improvements made by the municipality."
SECTION 2. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. A condemnor may commence begin an action under this chapter for the acquisition of an interest in any real property necessary for any a public purpose. However, a municipality may not condemn land within or outside its corporate limits to establish a park, playground, or recreational facility unless the municipality proves by clear and convincing evidence that condemning the property is an absolute public necessity and that the particular property subject to condemnation is the only available property for the park, playground, or recreational facility. In determining the availability of other property, trees in excess of one hundred years old and natural geological formations must not be considered as factors for limiting availability. A condemnee may reacquire his former property condemned by a municipality outside its corporate limits to establish a park, playground, or recreational facility if the condemnee can prove by clear and convincing evidence that the property condemned was not the only available property for the park, playground, or recreational facility. A condemnee's right to reacquire the property must be exercised within two years after the date on which the condemnation is effective. If a condemnee exercises his right to reacquire property under this section, he shall pay to the municipality the purchase price paid by the municipality plus the cost of improvements made by the municipality. The provisions of this chapter shall constitute the exclusive procedure whereby for condemnation may be undertaken in this State."
SECTION 3. Section 28-2-450 of the 1976 Code is amended to read:
"Section 28-2-450. The right of condemnation by a municipality is not limited to the county in which the municipality is located. However, a municipality may not condemn land within or outside its corporate limits to establish a park, playground, or recreational facility unless the municipality proves by clear and convincing evidence that condemning the property is an absolute public necessity and that the particular property subject to condemnation is the only available property for the park, playground, or recreational facility. In determining the availability of other property, trees in excess of one hundred years old and natural geological formations must not be considered as factors for limiting availability. A condemnee may reacquire his former property condemned by a municipality outside its corporate limits to establish a park, playground, or recreational facility if the condemnee can prove by clear and convincing evidence that the property condemned was not the only available property for the park, playground, or recreational facility. A condemnee's right to reacquire the property must be exercised within two years after the date on which the condemnation is effective. If a condemnee exercises his right to reacquire property under this section, he shall pay to the municipality the purchase price paid by the municipality plus the cost of improvements made by the municipality."
SECTION 4. This act takes effect upon approval by the Governor.