Bill 632

                    Current Status

Bill Number:               632
Ratification Number:       488
Act Number                 421
Introducing Body:          Senate
Subject:                   Conservation restrictions or
                           easements

(A421, R488, S632)

AN ACT TO AMEND SECTIONS 27-9-20 AND 27-9-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION, THE LOW COUNTRY OPEN LAND TRUST, AND THE NATION FORD LAND TRUST TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.

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

Conservation restrictions or easements

SECTION 1. Section 27-9-20 of the 1976 Code is amended to read:

"Section 27-9-20. No conservation restriction or easement as defined in Section 27-9-10 held by a governmental body, the Nature Conservancy, the Ducks Unlimited Foundation, the nationally known conservation organization to preserve wetlands, the Low Country Open Land Trust, or The Nation Ford Land Trust, a nonprofit conservation organization located in York County, which are working with the State of South Carolina on the Heritage Trust created by executive order, whose purposes include conservation of land or water areas or of a particular land or water area, is unenforceable because of lack of privity of estate or contract or lack of benefit to a particular land or because of the benefit being assignable or being assigned to any other governmental body with like purposes, the Nature Conservancy, the Ducks Unlimited Foundation, the Low Country Open Land Trust, or The Nation Ford Land Trust. All such restrictions and easements must be recorded and indexed with the Department of Wildlife and Marine Resources and in the office of the clerk of court or register of mesne conveyances for the county where the land lies so as to effect its title, in the manner of other conveyances of interests in land, and must describe the land subject to the restrictions or easements by adequate legal description or by reference to a recorded plat showing its boundaries.

The conservation restrictions are interests in land and may be acquired by a governmental body, the Nature Conservancy, the Ducks Unlimited Foundation, the Low Country Open Land Trust, or The Nation Ford Land Trust, which have power to acquire interests in land, in the same manner as it may acquire other interests in land. Only an entity which has statutory authority to condemn land may exercise the power of eminent domain to obtain conservation restrictions. Such a restriction or easement may be enforced by injunction or proceeding in equity, and entitles representatives of the holder of it to enter the land in a reasonable manner and at reasonable times to assure compliance. Such a restriction or easement may be released, in whole or in part, by the holder for consideration, if any, as the holder determines, in the same manner as the holder may dispose of land or other interests in land, subject to conditions imposed at the time of creation of the restriction.

This section may not be construed to imply that a restriction, easement, covenant, or condition which does not have the benefit of this section is unenforceable because of a provision of this chapter. Nothing in this section or Section 27-9-10 diminishes the powers granted by a general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes, nor may it be interpreted as restricting the use of an existing or in-future easement, express or implied, in favor of a utility or other holder of an easement for public purposes. The existence of conservation easements or restrictions is not of itself proof of value as a measure of damages in an eminent domain proceeding."

Further

SECTION 2. The first paragraph of Section 27-9-21 of the 1976 Code is amended to read:

"A conservation restriction or easement as described in Sections 27-9-10 and 27-9-20 may be transferred from the Nature Conservancy, the Ducks Unlimited Foundation, the Low Country Open Land Trust, or The Nation Ford Land Trust to the State or to or from an agency or department of it authorized to own land, including the Wildlife and Marine Resources Commission under the Heritage Trust or to or from a political subdivision of the State and the efficacy of the restrictions or easements are not affected by the transfer."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 25th day of April, 1990.