Current Status Introducing Body:House Bill Number:3997 Primary Sponsor:J. Bailey Committee Number:25 Type of Legislation:GB Subject:Ports Authority, certain eminent domain powers Residing Body:House Current Committee:Judiciary Computer Document Number:BR1/1651.AC Introduced Date:May 14, 1991 Last History Body:House Last History Date:May 14, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Bailey Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3997 House May 14, 1991 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 54-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITION OF PROPERTY BY THE SOUTH CAROLINA STATE PORTS AUTHORITY BY PURCHASE OR CONDEMNATION, SO AS TO PROVIDE THAT AFTER JANUARY 1, 1991, THE AUTHORITY MAY NOT UTILIZE THE POWER OF EMINENT DOMAIN ON PROPERTY LYING WITHIN A MUNICIPALITY WITHOUT THE CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 54-3-150 of the 1976 Code, as last amended by Act 173 of 1987, is further amended to read:
"Section 54-3-150. For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships, docks, quays, elevators, compresses, refrigerator storage plants, warehouses, and other riparian and littoral terminals and structures and approaches to them and transportation facilities needful for their convenient use and belt line roads and highways, causeways, and bridges and other bridges and causeways, and for the acquiring of property necessary for the river development project known as the Savannah River Project Below Augusta, and for the acquiring of property necessary for the development of a harbor or harbors within this State on the Savannah River, the authority may purchase them by negotiation or may condemn them. The power of eminent domain shall apply applies not only to all property of private persons or corporations but also as to property already devoted to public use; however, after January 1, 1991, the authority may not utilize the power of eminent domain on properties lying within the corporate limits of a municipality without the consent of the governing body of the municipality."
SECTION 2. This act takes effect upon approval by the Governor.