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Bill Number: 3512 Ratification Number: 286 Act Number 187 Introducing Body: House Subject: Deeds to roads; affidavit of donor and contractor; penalties
(A187, R286, H3512)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-110 SO AS TO PROVIDE THAT BEFORE A COUNTY OR MUNICIPAL CORPORATION MAY ACCEPT A DEED TO A ROAD OR AGREE TO MAINTAIN A ROAD IT SHALL OBTAIN AN AFFIDAVIT FROM THE DONOR AND THE CONTRACTOR WHO CONSTRUCTED THE ROAD THAT ALL CONSTRUCTION COSTS HAVE BEEN PAID AND THAT THE ROAD IS FREE OF ALL ENCUMBRANCES, TO PROVIDE THAT A COUNTY COUNCIL MAY WAIVE THE AFFIDAVIT REQUIREMENT, TO PROVIDE PENALTIES FOR SUBMITTING A FALSE AFFIDAVIT, AND TO DEFINE "NEWLY-CONSTRUCTED ROAD".
Be it enacted by the General Assembly of the State of South Carolina:
Deeds to roads; affidavit of donor and contractor; penalties
SECTION 1. The 1976 Code is amended by adding:
"Section 57-1-110. Before a county or municipal corporation may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances. Provided, however, a county council or city council may, in its discretion, waive the requirement of an affidavit under this section.
A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
For the purposes of this section, a 'newly-constructed road' is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road."
SECTION 2. This act takes effect upon approval by the Governor.