Current Status Introducing Body:House Bill Number:3458 Primary Sponsor:R. Young Committee Number:25 Type of Legislation:GB Subject:Property, when considered abandoned Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15125SD.93 Introduced Date:19930210 Last History Body:House Last History Date:19930210 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:R. Young Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3458 House 19930210 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO PROVIDE THAT CERTAIN PIECES OR PARCELS OF LAND WHICH HAVE BEEN DEDICATED FOR USE AS A ROAD, STREET, PARK, OPEN SPACE, OR OTHER SIMILAR PURPOSE, AND WHICH HAVE NOT BEEN USED FOR THIS PURPOSE WITHIN TEN YEARS AFTER THE DEDICATION ARE PRESUMED ABANDONED FOR THE PURPOSE DEDICATED UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH THIS ABANDONMENT WILL BE CONSIDERED NOT TO HAVE OCCURRED, TO PROVIDE FOR THE DISPOSITION OF PIECE OR PARCEL OF LAND INVOLVED, AND TO PROVIDE CERTAIN EXCEPTIONS TO THE ABOVE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 27-5-130. (A) Every piece or parcel of land which has been at any time dedicated for use, either public or private, as a road, highway, street, avenue, alleyway, park, open space or area, or for any other similar purpose, by a deed, grant, map, plat, or other means and which has not been actually opened and used for this purpose within ten years from and after the dedication is conclusively presumed to have been abandoned for the purposes for which it was dedicated under the conditions specified in this section.
(B) No person shall have any right, or cause of action thereafter, to enforce any public or private easement or right on the piece or parcel, except where the dedication was made ten years or more prior to the effective date of this section. In this case, such right must be asserted within one year from the effective date of this section. However, no abandonment of the public or private right or easement may be presumed until the dedicator, his heirs, successors, assigns, personal representative or other person claiming under him shall file and cause to be recorded in the Office of the Register of Mesne Conveyances or Clerk of Court of the county where the land lies a declaration withdrawing the piece or parcel of land from the public or private use to which it had been dedicated. Where any corporation, partnership, limited partnership or other legal entity has so dedicated any piece or parcel of land, and the dedicating entity and any successor is not now in existence, it is conclusively presumed that the entity has no further right, title, or interest in the piece or parcel of land, regardless of the provisions of conveyances from the entity, or those holding under the entity, retaining title and interest in the piece or parcel of land so dedicated. In this event, the right, title, and interest in the piece or parcel of land is conclusively presumed to be vested in those persons, firms, or entities owning lots or parcels of land adjacent thereto, subject to the provisions of this section.
(C) The provisions of this section have no application in any case where the continued use of any piece or parcel of land dedicated for street or highway purposes is necessary to afford ingress or egress to any lot or parcel of land sold and conveyed by the dedicator of the street or highway. This section applies to dedications made after, as well as before the effective date of this section.
(D) The remedies afforded in this section are in addition to any other remedy in law or equity."
SECTION 2. This act takes effect upon approval by the Governor.