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Current Status Bill Number:View additional legislative information at the LPITS web site.3261 Ratification Number:41 Act Number:182 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19990112 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:l:\council\bills\jic\5023djc99.doc Companion Bill Number:393 Date Bill Passed both Bodies:19990331 Governor's Action:S Date of Governor's Action:19990503 Subject:Sullivan's Island, northeast marshlands; David Truesdell, rights of terminated; Charleston County, Conservation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990819 Act No. A182 ------ 19990503 Signed by Governor ------ 19990428 Ratified R41 Senate 19990331 Read third time, enrolled for ratification Senate 19990330 Read second time Senate 19990325 Recalled from Committee, 11 SJ placed on the Calendar Senate 19990311 Committed to Committee 11 SJ Senate 19990311 Recalled from Committee 07 SFGF Senate 19990202 Introduced, read first time, 07 SFGF referred to Committee House 19990129 Read third time, sent to Senate House 19990128 Read second time, unanimous consent for third reading on Friday, 19990129 House 19990127 Committee report: Favorable 25 HJ House 19990119 Referred to Committee 25 HJ House 19990119 Recalled from Committee 20 HANR House 19990112 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill Revised on January 27, 1999 - Word format Revised on March 25, 1999 - Word format
(A182, R41, H3261)
A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.
Whereas, a resolution of the General Assembly enacted on December 19, 1843, provided that the exclusive use of certain marsh and marshlands located at or near the northeast end of Sullivan's Island be granted to David Truesdell, to use the same as a place for planting oysters during the pleasure of the legislature, and that he be entitled to possess the oysters so planted as his private property; and
Whereas, the exclusive use of the marsh and marshlands located at or near the northeast end of Sullivan's Island granted to David Truesdell by the resolution enacted on December 19, 1843, was limited in duration for a period described in the resolution as "during the pleasure of the legislature"; and
Whereas, since 1843, there has been and may continue to be some effort to effectuate a transfer of the exclusive use of the marsh and marshlands granted to David Truesdell by the resolution enacted on December 19, 1843, although nothing in this 1843 resolution confers any right in David Truesdell to transfer the exclusive use of that marsh and marshlands to any other person or entity, whether by deed, assignment, devise, or any other method whatsoever; and
Whereas, in Town of Sullivan's Island v. Felger, 318 S.C. 340, 457 S.E.2d 626 (S.C. Ct. App. 1995) (Reh. Den.; Cert. Den.), the South Carolina Court of Appeals held, in effect, that the property described in the resolution enacted on December 19, 1843, i.e., the marsh and marshlands wherein David Truesdell was granted exclusive use as a place for planting oysters during the pleasure of the legislature, had not converted to a fee simple interest, and that any right or interest flowing from this resolution of 1843 is a "limited leasehold interest for no fixed term and, thus [the interest holder] would appear to be simply a tenant at will"; and
Whereas, it is the will, intent, and pleasure of the General Assembly, acting in the public interest, to repeal the resolution enacted on December 19, 1843, granting exclusive use of marsh and marshlands located at or near the northeast end of Sullivan's Island to David Truesdell for use as a place for planting oysters during the pleasure of the legislature, to terminate any tenancy at will remaining or flowing from this resolution of 1843, and to abolish any and all rights or interests in the marsh and marshlands, or the use thereof, claimed by any person that is derived from the resolution enacted on December 19, 1843, by or through David Truesdell, his heirs or assigns. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Resolution enacted December 19, 1843, repealed
SECTION 1. The resolution enacted on December 19, 1843, granting exclusive use of marsh and marshlands located at or near the northeast end of Sullivan's Island to David Truesdell for use as a place for planting oysters during the pleasure of the legislature is repealed. Any tenancy at will remaining or flowing from the resolution enacted on December 19, 1843, is terminated. Any and all rights or interests in marsh and marshlands, or the use thereof, claimed by any person that is derived from the resolution enacted on December 19, 1843, by or through David Truesdell, his heirs or assigns, are abolished.
Time effective
SECTION 2. This joint resolution takes effect upon approval by the Governor.
Ratified the 28th day of April, 1999.
Approved the 3rd day of May, 1999.
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