Current Status Bill Number:3874 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970409 Primary Sponsor:Campsen All Sponsors:Campsen, Young and Woodrum Drafted Document Number:pt\1137dw.97 Residing Body:House Date of Last Amendment:19970528 Subject:Trespass against real property, when owner of abutting land exempt from liability; Crimes and Offenses, Property
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970528 Continued until Wednesday, 19980701
House 19970528 Amended
House 19970520 Request for debate by Representative Sheheen
F. Smith
Scott
Neal
Cobb-Hunter
Moody-
Lawrence
J. Smith
Campsen
Harrell
Loftis
Limehouse
Easterday
Hamilton
Leach
R. Smith
Law
Young
House 19970514 Committee report: Favorable with 25 HJ
amendment
House 19970409 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
PLEASE DO NOT REMOVE THIS COPY FROM BILL JACKET
AMENDED--NOT PRINTED IN THE HOUSE
Amendment No. 1--P:\AMEND\BBM\9168DW.97
Amendment No. 3--P:\AMEND\KGH\15281AC.97
Amendment No. 4--L:\PRINTING\DAILY\AMEND\3874H.4
May 28, 1997
H. 3874
S. Printed 5/14/97--H.
Read the first time April 9, 1997.
To whom was referred a Bill (H. 3874), to amend Section 16-11-620, as amended, Code of Laws of South Carolina, 1976, relating to criminal penalties for trespass against real property, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 15-67-270. (A) When an owner or lessee of real property seeks to improve, repair, or maintain his property, and the property is so situated that the improvements, repairs, or maintenance cannot be accomplished without entering the premises of an adjoining property owner, and permission to enter the adjoining property has been denied, or unreasonable conditions have been placed upon the entry, the owner or lessee seeking to make the improvements, repairs, or maintenance may petition the circuit court for a license to enter the adjoining property.
(B) The petition may not be filed until after a good faith effort to obtain permission to enter the adjoining property has been made. A good faith effort to obtain permission for entry is deemed to have been made if the request describes the nature and manner of the requested improvements, repairs, or maintenance, solicits specific dates for entry, and
(1) the petitioner can present evidence of an actual request and denial of entry, or the imposition of unreasonable conditions upon entry; or
(2) if the petitioner requests entry in writing by certified mail, return receipt requested, to the owner of record according to the tax records for the county in which the adjoining property is located, a period of forty-five days has expired since the written requests for entry was made, and the adjoining property owner has not responded to the request in writing. The court may waive the forty-five day period if service upon the owner of record has been accomplished and if the court finds the petitioner's property will suffer irreparable waste from imposition of the forty-five day period.
(C) The petition must be accompanied by affidavits or other evidence setting forth the circumstances which make the entry necessary, the dates the entry is desired, and a description of the improvements, repairs, or maintenance which will be accomplished.
(D) After an evidentiary hearing based upon a motion for immediate relief, the petition for license may be granted if the court finds that the grant of the license will not be an unreasonable infringement upon the adjoining property, and that the license is reasonably necessary for the improvement or preservation of the petitioner's property. If the court grants the license, it shall specify:
(1) the nature of the improvements, repairs, or maintenance to be accomplished;
(2) the manner in which the improvements, repairs, or maintenance will be accomplished;
(3) the dates upon which the license begins and ends; and
(4) any other terms and conditions the court deems appropriate to minimize disruption to the adjoining owner or lessee's use and enjoyment of his property.
(E) Once the authorized improvements, repairs, or maintenance are commenced, they shall proceed expeditiously. The license shall terminate upon the earlier of the completion of the improvements, repairs, or maintenance set forth in the license, or the expiration of the license. The licensee shall in all respects restore the adjoining land to its condition prior to entry, and is liable for actual damages occurring as a result of the entry including, but not limited to, physical damage to the adjoining property and loss of revenue.
(F) The court may require that an appropriate bond or other security be posted by the licensee, or that the licensee provide adequate liability and workers' compensation insurance to indemnify the adjoining property owner and lessee against claims arising from the work authorized by the license."
SECTION 2. This act takes effect upon approval by the governor./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE TO ENTER REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE./
JAMES H. HARRISON, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE TO ENTER REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-67-270. (A) When an owner or lessee of real property seeks to improve, repair, or maintain his property, and the property is so situated that it is impossible to perform the improvements, repairs, or maintenance without entering the premises of an adjoining property owner, and permission to enter the adjoining property has been denied, or unreasonable conditions have been placed upon the entry, the owner or lessee seeking to make the improvements, repairs, or maintenance may petition the circuit court for a license to enter the adjoining property.
(B) The petition may not be filed until after a good faith effort to obtain permission to enter the adjoining property has been made. A good faith effort to obtain permission for entry is deemed to have been made if the request describes the nature and manner of the requested improvements, repairs, or maintenance, solicits specific dates for entry, and
(1) the petitioner can present evidence of an actual request and denial of entry, or the imposition of unreasonable conditions upon entry; or
(2) if the petitioner requests entry in writing by certified mail, return receipt requested, to the owner of record according to the tax records for the county in which the adjoining property is located, a period of forty-five days has expired since the written requests for entry was made, and the adjoining property owner has not responded to the request in writing. The court may waive the forty-five day period if service upon the owner of record has been accomplished and if the court finds the petitioner's property will suffer irreparable waste from imposition of the forty-five day period.
(C) The petition must be accompanied by affidavits or other evidence setting forth the circumstances which make the entry necessary, the dates the entry is desired, and a description of the improvements, repairs, or maintenance which will be accomplished.
(D) After an evidentiary hearing based upon a motion for immediate relief, the license may be granted if the court finds that:
(1) the entry upon the adjoining property does not irreparably or unreasonably damage the adjoining property, including any improvements, appurtenances, fixtures, flora, or landscaping thereon;
(2) the grant of license is only a minimal encroachment or burden upon the adjoining property; and
(3) the license is reasonably necessary for the improvement or preservation of the petitioner's property.
(E) If the court grants the license, it shall specify:
(1) the nature of the improvements, repairs, or maintenance to be accomplished;
(2) the manner in which the improvements, repairs, or maintenance will be accomplished;
(3) the dates upon which the license begins and ends;
(4) any other terms and conditions the court deems appropriate to minimize disruption to the adjoining owner or lessee's use and enjoyment of his property; and
(5) that the licensee pay the reasonable attorney's fees and court costs incurred by the adjoining property owner in responding to a petition brought under this section.
(F) Once the authorized improvements, repairs, or maintenance are commenced, they shall proceed expeditiously. The license shall terminate upon the earlier of the completion of the improvements, repairs, or maintenance set forth in the license, or the expiration of the license. The licensee shall in all respects restore the adjoining land to its condition prior to entry, and is liable for actual damages occurring as a result of the entry including, but not limited to, physical damage to the adjoining property and loss of revenue.
(G) The court may require that an appropriate bond or other security be posted by the licensee and shall require the licensee to
provide adequate liability and workers' compensation insurance to indemnify the adjoining property owner and lessee against claims arising from the work authorized by the license.
(H) Except in the case of wilful, wanton, or reckless misconduct, the adjoining property owner or lessee upon whose property entry is authorized under this section is immune from liability from all suits, claims, and causes of action arising from the entry and work authorized by the license."
SECTION 2. This bill applies to a right of entry to only unimproved portion of real estate.
SECTION 3. This act takes effect upon approval by the governor.