South Carolina General Assembly
116th Session, 2005-2006

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Bill 1029

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Indicates New Matter


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COMMITTEE REPORT

May 17, 2006

S. 1029

Introduced by 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

S. Printed 5/17/06--H.

Read the first time February 21, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (S. 1029) 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 and to recommend, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

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 AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.

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

SECTION    1.    (A)    A South Carolina Eminent Domain Study Committee is created to 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. The study committee shall evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements concerning eminent domain in this State and make a report of its findings to the General Assembly. The report may include recommendations, if appropriate, for legislative changes to conform or restrict the condemnation authority the entities exercise. In preparing its report, the study committee must request, receive, and consider (1) testimony and written materials submitted by the entities that possess the power of eminent domain, and (2) information solicited from or provided by experts and interested persons in the fields of property rights and eminent domain.

(B)    The study committee must be composed of nine members: the chairman of the Senate Judiciary Committee shall appoint three members, two of whom must be Senators; the chairman of the House Judiciary Committee shall appoint three members, two of whom 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 February 20, 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.

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