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COMMITTEE REPORT
January 27, 1999
H. 3261
S. Printed 1/27/99--H.
Read the first time January 12, 1999.
To whom was referred a Joint Resolution (H. 3261), to repeal the resolution enacted on December 19, 1843, granting exclusive use of marsh and marshlands, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HARRISON, for Committee.
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:
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 Decembr 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.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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