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Current Status Bill Number:View additional legislative information at the LPITS web site.781 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990429 Primary Sponsor:Bauer All Sponsors:Bauer Drafted Document Number:l:\s-res\ab\002road.dmb.doc Companion Bill Number:5040 Residing Body:Senate Current Committee:Transportation Committee 15 ST Subject:Road, street, highway closings; notice requirements in newspaper, may petition court when; Transportation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000508 Companion Bill No. 5040 Senate 19990429 Introduced, read first time, 15 ST referred to Committee Versions of This Bill
TO AMEND SECTION 57-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONING A COURT FOR THE CLOSING OF A STREET, ROAD OR HIGHWAY, BY REQUIRING CERTAIN INFORMATION TO BE INCLUDED IN THE NOTICE OF INTENT THAT IS PUBLISHED IN A NEWSPAPER AND TO AMEND SECTION 57-9-20, RELATING TO THE COURT HEARING ON THE CLOSURE, BY PROVIDING THAT A COURT MAY NOT HEAR AND DECIDE A PETITION THAT DOES NOT MEET THE NOTICE REQUIREMENTS OF SECTION 57-9-10.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 57-9-10 of the 1976 Code is amended to read:
"SECTION 57-9-10. Any interested person, the State or any of its political subdivisions or agencies may petition a court of competent jurisdiction to abandon or close any street, road or highway whether opened or not. Prior to filing the petition, notice of intention to file shall be published once a week for three consecutive weeks in a newspaper published in the county where such street, road or highway is situated. The notice of intent to file which is published in the newspaper must include the name of the person or business petitioning the court, the court and date where the petition is to be filed, and the address of the petitioner. Notice shall also be sent by mail requiring a return receipt to the last known address of all abutting property owners whose property would be affected by any such change."
SECTION 2. Section 57-9-20 of the 1976 Code is amended to read:
"SECTION 57-9-20. The court may not hear and decide a petition, if the petitioner failed to include the information required to be published in the newspaper pursuant to Section 57-9-10. However, if If the court shall determine determines that it is to be in the best interest of all concerned and the community that such street, road or highway be abandoned or closed, the court shall then determine in whom the title thereto shall be vested and issue an appropriate order."
SECTION 3. This act takes effect upon approval by the Governor.
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