Bill 3097

                    Current Status

Bill Number:                       3097
Type of Legislation:               Joint Resolution JR
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Cromer 
All Sponsors:                      Cromer 
Drafted Document Number:           bbm\10999jm.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Doctrine of Adverse Possession
                                   of real property, to abolish;
                                   constitutional amendment

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970114  Introduced, read first time,             25 HJ
                  referred to Committee
House   19970108  Prefiled, referred to Committee          25 HJ

PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING A SECTION THERETO SO AS TO ABOLISH THE DOCTRINE OF ADVERSE POSSESSION OF REAL PROPERTY AND PROVIDE AN EXCEPTION.

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

SECTION 1. It is proposed that Article XVII of the Constitution of this State be amended by adding the following appropriately-numbered section:

"Section . The Doctrine of Adverse Possession of real property, either at common law or by statute, is abolished and shall not exist or be given any force or effect.

Nothing in this section shall be construed to abrogate adverse possession which was legally established and confirmed by a court of competent jurisdiction prior to the effective date of this section."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Article XVII of the Constitution of this State be amended by adding an appropriately-numbered section so as to provide that the Doctrine of Adverse Possession of real property is abolished, except that this provision does not abrogate any adverse possession which was legally established and confirmed by a court of competent jurisdiction prior to the effective date of such abolition?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."