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INTRODUCED
May 18, 2000
H. 5058
Introduced by Reps. Young-Brickell, Chellis, Bailey, Harrell and Altman
S. Printed 5/18/00--S.
Read the first time May 18, 2000.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-234 SO AS TO ALTER THE LINES OF CHARLESTON AND DORCHESTER COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Whereas, the Town of Summerville, located in Dorchester County, has donated eighteen acres to the South Carolina National Guard for the purpose of constructing a new armory and motor pool facility in Dorchester County; and
Whereas, it was recently learned that the donated property is located in Charleston, not Dorchester County; and
Whereas, to receive necessary federal funding to construct the armory, the property must be located in Dorchester County; and
Whereas, the governing bodies of Dorchester and Charleston counties have no objection to a change in the county lines of both counties; and
Whereas, Section 7, Article VII of the Constitution of South Carolina, 1895, requires before any county line is altered the question must be submitted to the qualified electors of the territory proposed to be taken from one county and given to another; and
Whereas, at this time there are no inhabitants in the territory proposed to be taken from Charleston County and given to Dorchester County; and
Whereas, the South Carolina Attorney General has issued an opinion, Op. Atty. Gen., 90-67 (November 21, 1990), which concludes that when there are no inhabitants and therefore no qualified electors in the territory being moved from one county to another no election is required to move a county line between two counties. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 4-3-234. (A)(1) The following described portion of Charleston County is transferred and annexed to Dorchester County:
All that area beginning at an iron bar 248.50 feet from the northeastern intersection of rights-of-way of Garbon Street (S-18-847) and West Boundary Street (S-10-2396), on a bearing of N 46°-15'-31" W, being the southwestern corner of a parcel of land described as Tract 6, a 30.12 acre parcel, the point of beginning; thence N 46°-15'-31" W along the northern edge of the right-of-way of West Boundary Street for a distance of 1600.00 feet to a point, the southwestern corner of Tract 7; thence N 34°-23'-49" W for a distance of 800.00 feet to a point, the common property corner of Tracts 4, 6, and 7; thence N 34°-23'-49" W for a distance of 772.34 feet to a point, the common property corner of Tracts 3, 4, and 7; thence N 53°-03'-47" E for a distance of 1000.00 feet to a point, the southeastern corner of Tract 3; thence N 53°-03'-47" E for a distance of 673.35 feet to a point, the northeastern corner of Tract 8; thence S 38°-30'-29" E for a distance of 433.69 feet to a point; thence S 48°-10'-31" W for a distance of 61.18 feet to a point; thence S 38°-30'-29" E for a distance of 927.24 feet to a point, the western intersection of rights-of-way of West Boundary Street and West Boundary Street, the southeastern corner of Tract 8; thence S 38°-30'-29" E for a distance of + 55 feet to a point, the southern edge of the right-of-way of West Boundary Street; thence S 46°-15'-31" W along the southern edge of the right-of-way of West Boundary Street for a distance of + 3,332 feet to a point; thence N 23°-50'-11" W for a distance of + 55 feet to a point, the southwestern corner of Tract 6, to the point of beginning.
Said tract measures and contains 60.94 acres of land, more or less, and is more clearly shown on a plat by Robert David Branton dated October 1, 1993, and recorded in plat book CN, page 188 at the RMC office of Charleston County, South Carolina.
(2) The proper proportion of the existing Charleston County indebtedness of the area transferred must be assumed by Dorchester County.
(B) Upon application, the clerk of court, register of deeds, sheriff, and probate judge of Charleston County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Dorchester County, it has the same force and effect in Dorchester County that it had in Charleston County and any record not transferred shall continue in force and effect and each has the same force and effect in Dorchester County as if it had been transferred and made a record in the proper office in Dorchester County."
SECTION 2. This act takes effect upon approval by the Governor.
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