Bill 1209

                    Current Status

Bill Number:                       1209
Type of Legislation:               Joint Resolution JR
Introducing Body:                  Senate
Introduced Date:                   19960305
Primary Sponsor:                   Richter 
All Sponsors:                      Richter 
Drafted Document Number:           res9876.ler
Residing Body:                     House
Current Committee:                 Agriculture, Natural Resources
                                   and Environmental Affairs Committee
                                   20 HANR
Date of Last Amendment:            19960425
Subject:                           Sullivan's Island, oyster
                                   planting

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960430  Introduced, read first time,             20 HANR
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 19960426
Senate  19960424  Committee report: Favorable with         07 SFGF
                  amendment
Senate  19960305  Introduced, read first time,             07 SFGF
                  referred to Committee

COMMITTEE AMENDMENT ADOPTED

April 25, 1996

S. 1209

S. Printed 4/25/96--S.

Read the first time March 5, 1996.

A JOINT RESOLUTION

TO RESCIND AND REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING TO DAVID TRUESDELL AN EXCLUSIVE RIGHT TO PLANT OYSTERS ON A TRACT OF MARSHLAND AT THE NORTHEAST END OF SULLIVAN'S ISLAND.

Amend Title To Conform

Whereas, a resolution of the General Assembly dated December 19, 1843, granted the petition of David Truesdell granting "the exclusive use of the portion of [the] marsh ... to use ... as a place for planting oysters ... [which must not be] enclosed or embanked"; and

Whereas, this 1843 resolution granted this right to Mr. Truesdell for a duration described as "during the pleasure of the Legislature"; and

Whereas, there may have been or may be some effort to effectuate a transfer of the interest granted by the 1843 resolution; and

Whereas, in Town of Sullivan's Island v. Fegler, 457 S.E.2d 626 (S.C. Ct. App. 1995), the South Carolina Court of Appeals held that the property subject to the 1843 resolution had not converted to a fee simple and that the interest is a "limited leasehold interest for no fixed term and, thus, [the interest holder] would appear to be simply a tenant at will"; and

Whereas, it is the will of the General Assembly to terminate any and all interests in the property subject to the 1843 resolution which were or may have been granted in the 1843 resolution. Now, therefore,

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

SECTION 1. The resolution which was enacted on December 19, 1843, conveying to David Truesdell an exclusive right to plant oysters on a tract of marshland at the northeast end of Sullivan's Island is hereby repealed, thus terminating any and all rights and interests in the parcel of land, described in the resolution dated December 19, 1843, which were or may have been granted in the 1843 resolution.

SECTION 2. This act takes effect only if the Supreme Court of South Carolina denies the pending petition for certiorari in Town of Sullivan's Island v. Felger, or if the Supreme Court of South Carolina grants certiorari in that case and holds that the property subject to the 1843 resolution is not eligible for conversion into a fee simple title.