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COMMITTEE REPORT
March 4, 2004
S. 831
S. Printed 3/4/04--S.
Read the first time January 14, 2004.
To whom was referred a Bill (S. 831) to amend the Code of Laws of South Carolina, 1976, by adding Article 9 to Chapter 25, Title 57 so as to enact the South Carolina Relocation and Reconstruction Agreement, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting Section 57-25-900(A) as contained in SECTION 3, page 2, and inserting:
/ (A) As used in this section,
(1) 'local governing body' means a municipality, county, local zoning authority, or political subdivision;
(2) 'relocation and reconstruction agreement' means a consensual, contractual agreement between a sign owner and a local governing authority for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed;
(3) 'off-premises sign' means a lawfully erected, permanent sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere than upon the premises on which the sign is located; and
(4) 'just compensation' means payment of a fair and reasonable amount for property taken from a private person by a government body. /
Amend the bill further, Section 57-25-920, as contained in SECTION 3, page 2, by deleting the last sentence beginning on line 38 and ending on line 39.
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
GREG RYBERG PHIL P. LEVENTIS
For Majority. For Minority.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This article may be cited as the "South Carolina Relocation and Reconstruction Agreement Act".
SECTION 2. The General Assembly finds that it is the policy of this State to encourage local governing bodies and sign owners to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication.
SECTION 3. Chapter 25, Title 57 of the 1976 Code is amended by adding:
Section 57-25-900. (A) As used in this section,
(1) 'local governing body' means a municipality, county, local zoning authority, or political subdivision; and
(2) 'relocation and reconstruction agreement' means a consensual, contractual agreement between a sign owner and a local governing authority for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed.
(B) Local governing bodies are specifically empowered to enter into relocation and reconstruction agreements on terms that are agreeable to the sign owner and the local governing body involved and to provide for relocation and reconstruction of signs by agreement, ordinance, or resolution.
Section 57-25-910. Notwithstanding another provision of law, a local governing body may not remove, or cause to be removed, an off-premises sign located in view of an interstate, highway, street, or road when the sign is lawfully erected pursuant to the laws of the State without the payment of just compensation, unless such removal is the result of a relocation and reconstruction agreement authorized pursuant to this article.
Section 57-25-920. In the event a local governing body seeks to force the removal of a lawfully erected off-premises sign without payment of just compensation, it may do so only as provided in this section. If the parties fail to enter into a relocation and reconstruction agreement within one hundred and twenty days after the initial notification by the local governing body, the dispute must be submitted to mediation, or to arbitration with the consent of both parties, with either party to the dispute having the right to appeal an award to the appropriate court of competent jurisdiction. If the parties enter into arbitration, the arbitrators, at the conclusion of the proceedings, shall present to the parties a proposed relocation and reconstruction agreement that the panel believes equitably balances the rights, interests, obligations, and reasonable expectations of the parties. The local governing body shall pay all costs of the mediation or arbitration.
Section 57-25-930. If the parties do not enter into a relocation and reconstruction agreement through arbitration, the requirement by a local governing body that a lawfully erected off-premises sign be altered or removed from the premises where it is located pursuant to zoning, other police power regulation, or incident to the voluntary acquisition of the property by a local governing body, or as a condition of an annexation agreement, shall constitute a compelled removal that is prohibited without payment of just compensation. Amortization is not just compensation.
Section 57-25-940. The requirement by a local governing body that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a rezoning, platting, site plan approval, variance, conditional use permit, building permit, or another development order constitutes a compelled removal that is prohibited without prior payment of just compensation."
SECTION 4. This act takes effect upon approval by the Governor.
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