Bill Text: SC S0999 | 2015-2016 | 121st General Assembly | Introduced
Bill Title: Alternate method of annexation for property owned by a corporation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-19 - Referred to Committee on Judiciary [S0999 Detail]
Download: South_Carolina-2015-S0999-Introduced.html
A BILL
TO AMEND SECTION 5-3-120 OF THE 1976 CODE, RELATING TO AN ALTERNATE METHOD OF ANNEXATION FOR PROPERTY OWNED BY A CORPORATION, TO PROVIDE THAT BLIGHTED PROPERTY MAY BE ANNEXED BY A MUNICIPALITY BY ORDINANCE UPON CERTAIN FINDINGS PROVIDED THE MUNICIPALITY IS OF A CERTAIN SIZE AND LOCATED WITH A CERTAIN SIZED COUNTY.
Whereas, blighted property located within enclaves surrounded by a municipality poses a danger to the health and safety of the municipality, yet the municipality is powerless to address the situation;
Whereas, the provisions contained in this act empowers certain municipalities to address particular blighted property located within an enclave surrounded by the municipality;
Whereas, this act establishes a constitutional classification of certain blighted property because the provisions contained in this act best meet the exigencies of this particular situation. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-3-120 of the 1976 Code is amended to read:
"Section 5-3-120. (A) If the entire area proposed to be annexed belongs to a corporation only, it may be annexed on the petition of the stockholders of the corporation. Upon agreement of the governing body of the municipality to accept the petition and the passage of an ordinance to that effect by the municipality, the annexation is complete.
(B) Notwithstanding subsection (A), in a county with a population of less than seventy thousand residents, the governing body of a municipality with less than eleven thousand residents that bounds on all sides a commercial property comprised of fewer than seven acres improved with commercial property of approximately seven thousand square feet, the municipality may annex the area belonging to a corporation upon passage of an ordinance to that effect upon a finding by the governing body that the property 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."
SECTION 2. This act takes effect upon approval by the Governor.
