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H. 4556
STATUS INFORMATION
General Bill
Sponsors: Reps. Townsend, Davenport, McGee, Clark, Wilkins, W.D. Smith, Harvin and Mahaffey
Document Path: l:\council\bills\pt\1817ahb04.doc
Companion/Similar bill(s): 831
Introduced in the House on January 15, 2004
Currently residing in the House Committee on Education and Public Works
Summary: Relocation and Reconstruction Agreement Act, signage
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/15/2004 House Introduced and read first time HJ-276
1/15/2004 House Referred to Committee on Education and Public Works
HJ-276
1/22/2004 House Member(s) request name added as sponsor: Davenport,
McGee, Clark
1/29/2004 House Member(s) request name added as sponsor: Wilkins
2/3/2004 House Member(s) request name added as sponsor: W.D.Smith
2/5/2004 House Member(s) request name added as sponsor: Harvin
2/26/2004 House Member(s) request name added as sponsor: Mahaffey
4/22/2004 House Committee report: Favorable with amendment Education and
Public Works HJ-17
4/26/2004 Scrivener's error corrected
4/28/2004 House Requests for debate-Rep(s). Skelton, J Brown, Lourie,
Emory, JH Neal, JE Smith, Townsend, Scott, JM Neal,
Pinson, Stille, Clyburn, R Brown, Breeland, Davenport,
FN Smith, Owens, Hosey, Govan, Gilham, and Cobb-Hunter
HJ-109
4/28/2004 House Debate adjourned HJ-143
5/5/2004 House Recommitted to Committee on Education and Public Works
HJ-22
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
COMMITTEE REPORT
April 22, 2004
H. 4556
Introduced by Reps. Townsend, Davenport, McGee, Clark, W.D. Smith, Wilkins, Harvin and Mahaffey
S. Printed 4/22/04--H. [SEC 4/26/04 11:29 AM]
Read the first time January 15, 2004.
To whom was referred a Bill (H. 4556) to amend the Code of Laws of South Carolina, 1976, by adding Article 9 to Chapter 25, Title 57 so as to enact the South Carolina Relocation and Reconstruction Agreement Act, 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 the enacting words and inserting:
/SECTION 1. Chapter 25, Title 57 of the 1976 Code is amended by adding:
"Section 57-25-900. (A) As used in this section:
(1) 'local governing body' means a municipality, county, local zoning authority, or political subdivision;
(2) 'relocation and reconstruction agreement' means a consensual, contractual agreement between an off-premises sign owner and a local governing body for either the reconstruction of an existing off-premise sign or the removal of an off-premises sign and construction of a new off-premises sign to substitute for the off-premises sign removed;
(3) 'off-premises sign' means a lawfully erected, permanent sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere than upon the premises on which the sign is located. Off-premises sign structures are personal property; and
(4) 'just compensation' means payment of a fair and reasonable amount for property taken from a person or entity by a local governing body. Amortization is not just compensation.
(B) A local governing body may acquire by purchase, gift, or condemnation and shall pay just compensation upon the removal of off-premises signs.
(C) Compensation may be paid only for the taking from the owner of:
(1) an off-premises sign of all right, title, leasehold, and interest in it;
(2) the real property on which the off-premises sign is located of the right to erect and maintain an off-premises sign on it.
(D) No off-premises sign may be removed until the owner of the property on which it is located has been compensated fully for a loss which may be suffered as a result of the removal of the off-premises sign through the termination of a lease or other financial arrangement with the owner of the off-premises sign. The compensation must include damage to the landowner's property occasioned by removal of the off-premises sign. The local governing body is limited to an expenditure of five million dollars for the local governing body's part of just compensation.
(E) Before paying just compensation, the local governing body must make every reasonable effort to relocate the off-premises sign to a comparable site in the local jurisdiction acceptable to both the local governing body and the off-premises sign owner. The local governing body must pay for relocating the off-premises sign including the cost of removing and constructing the off-premises sign.
(F) A local governing body must hold a public hearing before taking final action to remove off-premises signs. A public hearing notice must be published in a newspaper of general circulation in the county or municipality at least thirty days prior to the hearing. The notice must include the fiscal impact on the local governing body's taxpayers for removal of the off-premises signs including, but not limited to, any relocation costs and compensation payments. Every off-premises sign removal zoning plan, ordinance, or resolution must be enacted by the affirmative vote of at least two-thirds of the members of the local governing body's members present at the hearing.
(G) If the off-premises sign owner or the owner of the real property upon which the off-premises sign is located disagrees with the amount of just compensation, then the owner may appeal the determination to a court of competent jurisdiction.
(H) Nothing in this section shall be construed to prohibit a local governing body from entering into a relocation and reconstruction agreement with an off-premises sign owner and the owner of the real property upon which the off-premises sign is located.
(I) Nothing in this section shall be construed to affect the requirements of Article 3, Chapter 25 of Title 57."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
RONALD P. TOWNSEND for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This article may be cited as the "South Carolina Relocation and Reconstruction Agreement Act".
SECTION 2. The General Assembly finds that it is the policy of this State to encourage local governing bodies and sign owners to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication.
SECTION 3. Chapter 25, Title 57 of the 1976 Code is amended by adding:
Section 57-25-900. (A) As used in this section,
(1) 'local governing body' means a municipality, county, local zoning authority, or political subdivision; and
(2) 'relocation and reconstruction agreement' means a consensual, contractual agreement between a sign owner and a local governing authority for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed.
(B) Local governing bodies are specifically empowered to enter into relocation and reconstruction agreements on terms that are agreeable to the sign owner and the local governing body involved and to provide for relocation and reconstruction of signs by agreement, ordinance, or resolution.
Section 57-25-910. Notwithstanding another provision of law, a local governing body may not remove, or cause to be removed, an off-premises sign located in view of an interstate, highway, street, or road when the sign is lawfully erected pursuant to the laws of the State without the payment of just compensation, unless such removal is the result of a relocation and reconstruction agreement authorized pursuant to this article.
Section 57-25-920. In the event a local governing body seeks to force the removal of a lawfully erected off-premises sign without payment of just compensation, it may do so only as provided in this section. If the parties fail to enter into a relocation and reconstruction agreement within one hundred and twenty days after the initial notification by the local governing body, the dispute must be submitted to mediation, or to arbitration with the consent of both parties, with either party to the dispute having the right to appeal an award to the appropriate court of competent jurisdiction. If the parties enter into arbitration, the arbitrators, at the conclusion of the proceedings, shall present to the parties a proposed relocation and reconstruction agreement that the panel believes equitably balances the rights, interests, obligations, and reasonable expectations of the parties. The local governing body shall pay all costs of the mediation or arbitration.
Section 57-25-930. If the parties do not enter into a relocation and reconstruction agreement through arbitration, the requirement by a local governing body that a lawfully erected off-premises sign be altered or removed from the premises where it is located pursuant to zoning, other police power regulation, or incident to the voluntary acquisition of the property by a local governing body, or as a condition of an annexation agreement, shall constitute a compelled removal that is prohibited without payment of just compensation. Amortization is not just compensation.
Section 57-25-940. The requirement by a local governing body that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a rezoning, platting, site plan approval, variance, conditional use permit, building permit, or another development order constitutes a compelled removal that is prohibited without prior payment of just compensation."
SECTION 2. This act takes effect upon approval by the Governor.
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