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S. 646
STATUS INFORMATION
General Bill
Sponsors: Senators Davis, Campsen and M.B. Matthews
Document Path: l:\council\bills\nl\13684sd17.docx
Introduced in the Senate on April 20, 2017
Currently residing in the Senate Committee on Judiciary
Summary: Boundary lines of Beaufort and Jasper counties
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/20/2017 Senate Introduced and read first time (Senate Journal-page 8)
4/20/2017 Senate Referred to Committee on Judiciary
(Senate Journal-page 8)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-3-75 AND 4-3-325 SO AS TO ALTER THE BOUNDARY LINES OF BEAUFORT AND JASPER COUNTIES BY ANNEXING A CERTAIN PORTION OF JASPER COUNTY TO BEAUFORT COUNTY AND A CERTAIN PORTION OF BEAUFORT COUNTY TO JASPER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Whereas, the governing bodies of Beaufort and Jasper counties have no objection to a change in the county lines of both counties by transferring certain property in Beaufort County to Jasper County and by transferring certain property in Jasper County to Beaufort County; and
Whereas, the governing bodies of both counties by resolution have consented to and approved these adjustments of the boundary lines and attendant annexations; and
Whereas, Section 7, Article VII of the Constitution of South Carolina, 1895, requires before any county line is altered the question must be submitted to the qualified electors of the territory proposed to be taken from one county and given to another; and
Whereas, at this time there are no inhabitants in the territory proposed to be taken from either county and given to the other county; and
Whereas, the South Carolina Attorney General has issued an opinion, Op. Atty. Gen., 90-67 (November 21, 1990), which concludes that when there are no inhabitants and therefore no qualified electors in the territory being moved from one county to another no election is required to move a county line between two counties. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 4 of the 1976 Code is amended by adding:
"Section 4-3-75. (A)(1) The following described portion of Jasper County is transferred and annexed to Beaufort County:
All that area consisting of approximately 5.95 acres of land more specifically identified and described on those certain plats of survey prepared by Cornerstone Surveying and Engineering, Inc. for the South Carolina Geodetic Survey, R. David Branton, Professional Land Surveyor, entitled 'A Plat of a Portion of the Beaufort-Jasper County Line' dated June 15, 2016, and being on file in the South Carolina Revenue and Fiscal Affairs Office.
(2) The proper proportion of the existing Jasper County indebtedness of the area transferred must be assumed by Beaufort County.
(B) Upon application, the clerk of court, register of deeds, sheriff, and probate judge of Jasper County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Beaufort County, it has the same force and effect in Beaufort County that it had in Jasper County and any record not transferred continues in force and effect, and each has the same force and effect in Beaufort County as if it had been transferred and made a record in the proper office in Beaufort County."
SECTION 2. Chapter 3, Title 4 of the 1976 Code is amended by adding:
"Section 4-3-325. (A)(1) The following described portion of Beaufort County is transferred and annexed to Jasper County:
All that area consisting of approximately 22.34 acres of land more specifically identified and described on those certain plats of survey prepared by Cornerstone Surveying and Engineering, Inc. for the South Carolina Geodetic Survey, R. David Branton, Professional Land Surveyor, entitled 'A Plat of a Portion of the Beaufort-Jasper County Line' dated June 15, 2016, and being on file in the South Carolina Revenue and Fiscal Affairs Office.
(2) The proper proportion of the existing Beaufort County indebtedness of the area transferred must be assumed by Jasper County.
(B) Upon application, the clerk of court, register of deeds, sheriff, and probate judge of Beaufort County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Jasper County, it has the same force and effect in Jasper County that it had in Beaufort County and any record not transferred continues in force and effect, and each has the same force and effect in Jasper County as if it had been transferred and made a record in the proper office in Jasper County."
SECTION 3. This act takes effect upon approval by the Governor.
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April 21, 2017 at 3:12 PM