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H. 3052
STATUS INFORMATION
General Bill
Sponsors: Reps. Coleman, Shoopman, Bingham and Toole
Document Path: l:\council\bills\ms\7065ahb07.doc
Companion/Similar bill(s): 155
Introduced in the House on January 9, 2007
Introduced in the Senate on January 31, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Treason and eminent domain powers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/13/2006 House Prefiled 12/13/2006 House Referred to Committee on Judiciary 1/9/2007 House Introduced and read first time HJ-36 1/9/2007 House Referred to Committee on Judiciary HJ-37 1/24/2007 House Member(s) request name added as sponsor: Bingham, Toole 1/24/2007 House Committee report: Favorable Judiciary HJ-2 1/25/2007 House Read second time HJ-18 1/25/2007 House Roll call Yeas-98 Nays-1 HJ-18 1/25/2007 Scrivener's error corrected 1/30/2007 House Read third time and sent to Senate HJ-22 1/31/2007 Senate Introduced and read first time SJ-21 1/31/2007 Senate Referred to Committee on Judiciary SJ-21
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/13/2006
1/24/2007
1/25/2007
COMMITTEE REPORT
January 24, 2007
H. 3052
S. Printed 1/24/07--H. [SEC 1/25/07 3:38 PM]
Read the first time January 9, 2007.
To whom was referred a Bill (H. 3052) to ratify an amendment to Section 13, Article I of the Constitution of South Carolina, 1895, relating to the taking of private property, so as to provide that private property, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. The amendment to Section 13, Article I of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 403 of 2006, having been submitted to the qualified electors at the General Election of 2006 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the constitution so that Section 13, Article I is amended to read:
"Section 13. (A) Except as otherwise provided in this constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made for the property. Private property must not be condemned by eminent domain for any purpose or benefit including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.
(B) For the limited purpose of the remedy of blight, the General Assembly may provide by law that private property constituting 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 may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is first made for the property."
B. The amendment to Section 17, Article I of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 403 of 2006, having been submitted to the qualified electors at the General Election of 2006 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the constitution so that Section 17, Article I is 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."
C. The amendment to Section 5, Article XIV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 403 of 2006, having been submitted to the qualified electors at the General Election of 2006 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the constitution so that Section 5, Article XIV is amended to read:
"Section 5. Reserved."
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