South Carolina General Assembly
110th Session, 1993-1994

Bill 284


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    284
Primary Sponsor:                Wilson
Committee Number:               11
Type of Legislation:            GB
Subject:                        Annexation, civil action
                                challenging validity of
Residing Body:                  Senate
Current Committee:              Judiciary
Companion Bill Number:          3282
Computer Document Number:       JIC/5239HC.93
Introduced Date:                19930126    
Last History Body:              Senate
Last History Date:              19930126    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Wilson
                                Drummond
                                Lander
                                Ryberg
                                Setzler
                                Courtney
                                Thomas
                                Richter
                                Courson
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

284   Senate  19930126      Introduced, read first time,    11
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-276 SO AS TO GIVE A MUNICIPALITY, COUNTY, OR SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT STANDING TO BRING A CIVIL ACTION CHALLENGING THE VALIDITY OF AN ANNEXATION AND TO GIVE THIS PROVISION RETROACTIVE EFFECT FOR ANNEXATIONS AFTER SEPTEMBER 30, 1989.

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

SECTION 1. Chapter 3, Title 5 of the 1976 Code is amended by adding:

"Section 5-3-276. When a municipality annexes territory in a county, the following entities have standing to bring a civil action challenging the validity of the annexation:

(1) a municipality located in whole or in part in the county in which the annexation has occurred;

(2) the county in which the annexation has occurred; and

(3) a special purpose or public service district located in whole or in part in the county in which the annexation has occurred.

The standing given by this section is in addition to any other standing allowed by law to challenge annexations."

SECTION 2. This act takes effect on the first day of the second month following approval by the Governor and applies with respect to annexations after September 30, 1989. For an annexation occurring after September 30, 1989, and before the effective date of this act, the date of the annexation for purposes of the time within which challenges must be brought is deemed to be the effective date of this act.

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