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Bill 4211

                    Current Status

Bill Number:                      4211
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010529
Primary Sponsor:                  Cotty
All Sponsors:                     Cotty, A. Young, Allison, Bales, Campsen, 
                                  Chellis, Clyburn, Emory, Harrison, Hinson, 
                                  Hosey, Howard, Kirsh, Leach, Limehouse, 
                                  Littlejohn, Lourie, Martin, 
                                  Meacham-Richardson, J.M. Neal, Owens, Parks, 
                                  Sandifer, Scarborough, Sinclair, J.R. Smith, 
                                  Snow, Stille, Stuart, Talley, Weeks, White and 
                                  J. Young
Drafted Document Number:          l:\council\bills\skb\18433som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Magistrates, concurrent jurisdiction to 
                                  grant injunctive relief involving real estate 
                                  covenants; Courts, Property


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010529  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE MAGISTRATES HAVE CONCURRENT JURISDICTION TO GRANT INJUNCTIVE RELIEF OR SUCH OTHER RELIEF AS CONSIDERED APPROPRIATE IN MATTERS INVOLVING REAL ESTATE RESTRICTIVE COVENANTS UPON PETITION OF ANY PARTY AND TO PROVIDE FOR THE APPEAL OF THE MAGISTRATE'S DECISION TO GO TO CIRCUIT COURT, OR BE REFERRED TO THE MASTER OR SPECIAL REFEREE, FOR DE NOVO DETERMINATION.

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

SECTION    1.    Section 22-3-10 of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:

    "Section 22-3-10.    Magistrates have concurrent civil jurisdiction in the following cases:

    (1)    in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars;

    (2)    in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred dollars;

    (3)    in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred dollars;

    (4)    in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven thousand five hundred dollars;

    (5)    in actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

    (6)    in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven thousand five hundred dollars;

    (7)    in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;

    (8)    to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven thousand five hundred dollars;

    (9)    in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred dollars;

    (10)    in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;

    (11)    in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven thousand five hundred dollars; and

    (12)    in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land.; and

    (13)    to grant injunctive relief or such other relief as considered appropriate in matters involving real estate restrictive covenants upon petition of any party. Any party aggrieved by the order of the magistrate has the right to appeal to the court of common pleas with the matter in controversy to be tried de novo. In counties with a master or special referee, the matter must be referred to that judicial officer."

SECTION    2.    This act takes effect July 1, 2001, and applies to all matters relating to real estate restrictive covenants filed pursuant to this act on or after that date.

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