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A458, R452, S1029
Sponsors: Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts
Document Path: l:\council\bills\agm\18040mm06.doc
Introduced in the Senate on January 10, 2006
Introduced in the House on February 21, 2006
Last Amended on June 14, 2006
Passed by the General Assembly on June 14, 2006
Governor's Action: June 26, 2006, Signed
Summary: Eminent Domain Study Committee
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/10/2006 Senate Introduced and read first time SJ-47 1/10/2006 Senate Referred to Committee on Judiciary SJ-47 1/11/2006 Senate Referred to Subcommittee: Gregory (ch), Ford, Elliott, Campsen, Sheheen, Rankin 2/15/2006 Senate Committee report: Favorable with amendment Judiciary SJ-12 2/16/2006 Senate Amended SJ-21 2/16/2006 Senate Read second time SJ-21 2/17/2006 Scrivener's error corrected 2/21/2006 Senate Read third time and sent to House SJ-24 2/21/2006 House Introduced and read first time HJ-129 2/21/2006 House Referred to Committee on Judiciary HJ-129 5/17/2006 House Committee report: Favorable Judiciary HJ-6 5/24/2006 House Requests for debate-Rep(s). Edge, Moody-Lawrence, Loftis, Miller, Harvin, Hosey, Viers, Duncan, and Norman HJ-49 5/25/2006 House Debate adjourned until Tuesday, May 30, 2006 HJ-67 5/30/2006 House Amended HJ-80 5/30/2006 House Read second time HJ-85 5/30/2006 House Roll call Yeas-77 Nays-22 HJ-85 5/31/2006 House Read third time and returned to Senate with amendments HJ-76 5/31/2006 Senate House amendment amended SJ-262 5/31/2006 Senate Returned to House with amendments SJ-262 5/31/2006 House Non-concurrence in Senate amendment HJ-227 5/31/2006 Senate Senate insists upon amendment and conference committee appointed Gregory, Sheheen, and Campsen SJ-264 6/14/2006 House Conference committee appointed Reps. Harrison, Edge, and Coleman HJ-55 6/14/2006 House Conference report received and adopted HJ-234 6/14/2006 Senate Conference report adopted SJ-101 6/14/2006 House Ordered enrolled for ratification HJ-236 6/14/2006 Ratified R 452 6/26/2006 Signed By Governor 6/28/2006 Copies available 6/28/2006 Effective date See Act for Effective Date 10/17/2006 Act No. 458
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VERSIONS OF THIS BILL
(A458, R452, S1029)
A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN; AND TO PROVIDE FOR ITS MEMBERSHIP AND FOR ITS REPORT TO THE GENERAL ASSEMBLY OF ITS FINDINGS AND RECOMMENDATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Study committee on eminent domain
SECTION 1. (A)(1) A South Carolina Eminent Domain Study Committee is created to (a) review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State and evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements, (b) study the effects regulatory takings and governmental policy decisions have upon private property values and the ability of private property owners to retain their property, and (c) consider if the constitutional and statutory provisions concerning condemnation of blighted property and slum clearance and redevelopment need revision.
(2) The study committee shall make a report of its findings to the General Assembly. The report may include recommendations, if appropriate, for legislative changes. In preparing its report, the study committee must request, receive, and consider (a) testimony and written materials submitted by the entities that possess the power of eminent domain or by a public authority that exercises power affecting private property, and (b) information solicited from or provided by experts and interested persons in the fields of eminent domain and private property rights.
(B) The study committee must be composed of nine members: the Chairman of the Senate Judiciary Committee shall appoint three members, who must be Senators; the Chairman of the House Judiciary Committee shall appoint three members, who must be members of the House of Representatives; and the Governor shall appoint three members.
(C) The study committee shall render its report and recommendations to the Chairman of the Senate Judiciary Committee, the Chairman of the House Judiciary Committee, and the Governor no later than March 15, 2007, at which time the study committee must be dissolved.
(D) Members of the study committee shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term in the manner of original appointment.
(E) The study committee must be co-chaired by the senior member of the Senate and the senior member of the House of Representatives serving on the study committee. Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this study committee.
(F) The Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee shall provide staffing for the study committee.
(G) Members of the study committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
SECTION 2. This joint resolution takes effect upon approval by the Governor, and the study committee established in Section 1 of this joint resolution dissolves upon the filing of its report.
Ratified the 14th day of June, 2006.
Approved the 26th day of June, 2006.
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