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Indicates Matter Stricken
Indicates New Matter
February 4, 2004
Introduced by Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young
S. Printed 2/4/04--S.
Read the first time May 28, 2003.
To whom was referred a Bill (H. 4272) to amend the Code of Laws of South Carolina, 1976, by adding Section 4-3-85 so as to alter the lines of Berkeley and Charleston Counties by annexing, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
WILLIAM MESCHER for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Whereas, the governing bodies of Berkeley 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 Berkeley 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. Chapter 3, Title 4 of the 1976 Code is amended by adding:
"Section 4-3-85. (A)(1) The following described portion of Charleston County is transferred and annexed to Berkeley County:
All that area, approximately 4.04 acres, now lying in the County of Charleston and identified as a portion of TMS #487-00-00-026 located adjacent to Crowfield Plantation Development and shown on a map prepared by ADC Engineer, Inc., designated as Job #02227 and dated December 4, 2002.
(2) The proper proportion of the existing Charleston County indebtedness of the area transferred must be assumed by Berkeley 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 Berkeley County, it has the same force and effect in Berkeley County that it had in Charleston County and any record not transferred continues in force and effect, and each has the same force and effect in Berkeley County as if it had been transferred and made a record in the proper office in Berkeley County."
SECTION 2. This act takes effect upon approval by the Governor.
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