Current Status Bill Number:55 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:BBM\9359JM.95 Residing Body:Senate Current Committee:Transportation Committee 15 ST Subject:County or municipal corporation, newly-constructed road
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 15 ST
referred to Committee
Senate 19941003 Prefiled, referred to Committee 15 ST
View additional legislative information at the LPITS web site.
TO PROVIDE THAT BEFORE A COUNTY OR MUNICIPAL CORPORATION MAY ACCEPT A DEED TO A NEWLY-CONSTRUCTED ROAD OR AGREE TO MAINTAIN A NEWLY-CONSTRUCTED ROAD IT SHALL OBTAIN AN AFFIDAVIT FROM THE DONOR AND THE CONTRACTOR WHO CONSTRUCTED THE ROAD THAT ALL CONSTRUCTION COSTS HAVE BEEN PAID AND THAT THE ROAD IS FREE OF ALL ENCUMBRANCES, PROVIDE FOR A CERTAIN MISDEMEANOR OFFENSE AND A PENALTY, AND AUTHORIZE CONTRACTORS TO PLACE LIENS ON ADJACENT PROPERTIES BELONGING TO THE GRANTORS OF RIGHT-OF-WAY DEEDS FOR ROADWAYS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Before a county or municipal corporation may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances. However, a county council or city council may, in its discretion, waive the requirement of an affidavit under this section.
A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
For the purposes of this section, a "newly-constructed road" is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road.
Contractors are authorized to place liens on adjacent properties belonging to the grantors of right-of-way deeds for roadways.
SECTION 2. This act takes effect upon approval by the Governor.