South Carolina General Assembly
110th Session, 1993-1994

Bill 5134


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    5134
Primary Sponsor:                Wilkins
Committee Number:               25
Type of Legislation:            GB
Subject:                        Annexation provisions
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       PT/1200DW.94
Introduced Date:                19940414
Last History Body:              House
Last History Date:              19940414
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Wilkins
Type of Legislation:            General Bill



History


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

5134  House   19940414      Introduced, read first time,    25
                            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 SECTION 5-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION WHEN AN ENTIRE AREA PROPOSED TO BE ANNEXED IS OWNED BY THE FEDERAL OR STATE GOVERNMENT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MUST BE MET BEFORE ANY AREA OWNED BY THE FEDERAL OR STATE GOVERNMENT IS ANNEXED; TO AMEND SECTION 5-3-150 RELATING TO THE METHOD OF ANNEXATION BY WHICH SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE MAY SIGN A PETITION REQUESTING AREA TO BE ANNEXED TO A MUNICIPALITY, SO AS TO PROVIDE THAT AREA BELONGING TO THE FEDERAL OR STATE GOVERNMENT MAY BE ANNEXED UTILIZING THE PROVISIONS OF THE SECTION, AND TO PROVIDE THAT ANY REAL PROPERTY OWNED BY A GOVERNMENTAL ENTITY AND LEASED TO ANY OTHER ENTITY PURSUANT TO A FEE IN LIEU OF TAXES TRANSACTION PURSUANT TO THE PROVISIONS OF SECTIONS 4-29-67 OR 4-29-69 IS CONSIDERED TO HAVE AN ASSESSED VALUATION EQUAL TO THE ORIGINAL COST TO THE REAL PROPERTY, AND TO PROVIDE THAT THE LESSEE OF REAL PROPERTY PURSUANT TO A FEE IN LIEU OF TAXES TRANSACTION IS THE FREEHOLDER WITH RESPECT TO THE PROPERTY, AND TO PROVIDE THAT FOR PURPOSES OF THIS SECTION, ANY REAL PROPERTY INCLUDED WITHIN A MULTI-COUNTY PARK PURSUANT TO THE PROVISIONS OF SECTION 4-1-170 IS CONSIDERED TO HAVE THE SAME ASSESSED VALUATION THAT IT WOULD HAVE IF THE MULTI-COUNTY PARK DID NOT EXIST.

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

SECTION 1. Section 5-3-140 of the 1976 Code is amended to read:

"Section 5-3-140. If the territory proposed to be annexed belongs entirely to the Federal Government or to the State of South Carolina and is adjacent to a municipality, or is included within the territory proposed to be annexed, it may be annexed only upon the petition of the Federal Government or of the State to the city or town municipal council thereof. No territory belonging to the Federal Government or to the State may be annexed except pursuant to this section. As used in this section, a petition by the State shall mean means a petition executed by the State Budget and Control Board. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall is not be required."

SECTION 2. Section 5-3-150 of the 1976 Code is amended to read:

"Section 5-3-150. (1) Any area or property which is contiguous to a city or town may be annexed to the city or town by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240 owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-270 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such the ordinance. This method of annexation shall be is in addition to any other methods authorized by law; provided, that no such this property shall may not be annexed unless the following has been complied with: (1) The petition must be dated before the first signature is affixed thereto to it and all necessary signatures must be obtained within six months from the date of the petition; (2) The petition and all signatures thereto to it shall be are open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed; (3) The petition shall state the act or code section pursuant to which the proposed annexation is to be accomplished; (4) The petition shall contain a description of the area to be annexed and there shall must be attached to the petition a plat of the area to be annexed; and (5) Any municipality or any person resident therein of it and any person residing in the area to be annexed or owning real property therein of it is empowered and authorized to may institute and maintain a suit in the court of common pleas, or in a county court in those counties where the county courts have concurrent jurisdiction with the court of common pleas in such matters, and in such that suit such the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation; and (6) With respect to any territory belonging to the Federal Government or to the State of South Carolina, the requirements of Section 5-3-140 must have been met.

(2) The conditions relating to petitions set forth in this section shall apply only to the alternate method of annexation as defined in subsection (1) of this section.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a city or town may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-80 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such ordinance. This method of annexation shall be is in addition to any other methods authorized by law.

(4) For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is the freeholder with respect to such property.

(5) For purposes of this section, any real property included within a multi-county park under Section 4-1-170 is considered to have the same assessed valuation that it would have if the multi-county park did not exist."

SECTION 3. This act takes effect upon approval by the Governor.

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