South Carolina General Assembly
116th Session, 2005-2006

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H. 4502

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G.R. Smith, Walker, Jefferson, Ott, Mack, Vick, Clemmons, Bales, Clark, Simrill, Viers, Duncan, M.A. Pitts, Rice, Mahaffey, Hinson and Davenport
Document Path: l:\council\bills\agm\18059mm06.doc
Companion/Similar bill(s): 980, 1031

Introduced in the House on January 24, 2006
Introduced in the Senate on March 21, 2006
Last Amended on March 15, 2006
Currently residing in the Senate Committee on Judiciary

Summary: Slum clearance and redevelopment

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/24/2006  House   Introduced and read first time HJ-29
   1/24/2006  House   Referred to Committee on Judiciary HJ-30
   1/25/2006  House   Member(s) request name added as sponsor: Jefferson
   1/25/2006  House   Member(s) request name removed as sponsor: Umphlett, 
                        Haley, Limehouse
   1/31/2006  House   Member(s) request name added as sponsor: Ott, Mack
    2/1/2006  House   Member(s) request name added as sponsor: Vick
   2/15/2006  House   Committee report: Favorable with amendment Judiciary HJ-5
   2/16/2006  House   Member(s) request name added as sponsor: Clemmons, Bales
   2/16/2006          Scrivener's error corrected
   2/21/2006  House   Member(s) request name added as sponsor: Clark
   2/21/2006  House   Requests for debate-Rep(s). Harrison, Edge, JE Smith, 
                        Scott, Ballentine, EH Pitts, JH Neal, Mack, Clyburn, 
                        Jefferson, Hosey, Hayes, Cobb-Hunter, Bingham, Cotty, 
                        Chellis, Merrill, Altman, Scarborough, Breeland, 
                        Branham, Norman, Cato, Davenport, Haskins, Funderburk, 
                        J Hines, Martin, Leach, Bailey HJ-104
   2/22/2006  House   Member(s) request name added as sponsor: Simrill, Viers
   2/22/2006  House   Debate adjourned until Thursday, February 23, 2006 HJ-49
   2/23/2006  House   Debate adjourned until Tuesday, February 28, 2006 HJ-28
   2/28/2006  House   Debate adjourned until Wednesday, March 1, 2006 HJ-17
    3/1/2006  House   Member(s) request name added as sponsor: Duncan
    3/1/2006  House   Debate adjourned until Tuesday, March 7, 2006 HJ-12
    3/8/2006  House   Member(s) request name added as sponsor: M.A.Pitts, Rice
    3/8/2006  House   Debate adjourned until Tuesday, March 14, 2006 HJ-34
   3/14/2006  House   Member(s) request name added as sponsor: Mahaffey, 
                        Hinson, Davenport
   3/14/2006  House   Debate adjourned until Wednesday, March 15, 2006 HJ-37
   3/15/2006  House   Amended HJ-20
   3/15/2006  House   Read second time HJ-33
   3/15/2006  House   Roll call Yeas- 115  Nays-1 HJ-33
   3/15/2006  House   Motion noted- Rep. Harrison moved to reconsider whereby 
                        H. 4502, as amended, was read the second time HJ-111
   3/16/2006          Scrivener's error corrected
   3/16/2006  House   Motion to reconsider tabled HJ-30
   3/16/2006  House   Read third time and sent to Senate HJ-30
   3/21/2006  Senate  Introduced and read first time SJ-7
   3/21/2006  Senate  Referred to Committee on Judiciary SJ-7
   3/21/2006  Senate  Referred to Subcommittee: Gregory (ch), Ford, Elliott, 
                        Rankin, Sheheen, Campsen

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/24/2006
2/15/2006
2/16/2006
3/15/2006
3/16/2006
3/16/2006-A

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

CORRECTED AND REPRINTED

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 15, 2006

H. 4502

Introduced by Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G.R. Smith, Walker, Jefferson, Ott, Mack, Vick, Clemmons, Bales, Clark, Simrill, Viers, Duncan, M.A. Pitts, Rice, Mahaffey, Hinson and Davenport

S. Printed 3/16/06--H.

Read the first time January 24, 2006.

            

A JOINT RESOLUTION

PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE.

Amend Title To Conform

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

SECTION    1.    A.    It is proposed that Section 13, Article I of the Constitution of this State be amended as follows:

"Section 13.    (1)    Except as otherwise provided in this Constitution, private property shall must not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefore for it.

(2)    Private property must not be taken if, at any time, the public body condemning the property, or its designee, intends to convey fee title or lesser interest to all or a portion of the real property, to another private party unless the owner consents. This paragraph does not apply to:

(a)    the condemnation of improved or unimproved property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors;

(b)    the granting of a nonpossessory interest in the property for the purpose of financing the acquisition of the property;

(c)    property necessary for transportation or utility facilities or transmission systems; or

(d)    conveyance by a public body of an interest lesser than fee title to a privately-owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility."

B.    It is proposed that Section 17, Article I of the Constitution of this State be amended to read:

"Section 17.    Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking. "

C.    It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:

"Section 5.    Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."

SECTION    2.    The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article I, Sections 13, and 17, and Article XIV, Section 5 of the Constitution of this State be amended so as to provide for the consolidation into Article I, Section 13, provisions regarding the exercise of the power of eminent domain by public bodies of this State by deleting two paragraphs of Article I, Section 17, and all of Article XIV, Section 5, pertaining to the exercise of the power of eminent domain by or within Sumter, Cherokee, Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties by certain public bodies, further providing that private property must not be taken if, at the time of the condemnation, the public body condemning the property intends to convey any interest in all or a portion of the real property to another private party, unless the owner consents or unless (a) the property to be condemned constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors; (b) the public body grants only a nonpossessory interest in the property to finance the acquisition of the property; (c) the property is necessary for transportation or utility facilities or transmission systems; (d) or the public body conveys interests lesser than fee title to a privately owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility.

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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