South Carolina Code 5-3-150. Alternate methods where petition signed by all or seventy-five percent of landowners
(2) The conditions relating to petitions set forth in this section apply only to the alternate method of annexation as defined in subsection (1) of this section.
Terms Used In South Carolina Code 5-3-150
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- municipality: as used in this chapter shall be construed to mean any incorporated city or town located within this State. See South Carolina Code 5-3-290
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on the ordinance. This method of annexation is in addition to any other methods authorized by law.
(4) For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under § 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under § 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under § 4-29-67 or 4-29-69 is the freeholder with respect to the property.
(5) For purposes of this section, any real property included within a multicounty park under § 4-1-170 is considered to have the same assessed valuation that it would have if the multicounty park did not exist. Notwithstanding any other provision of law, any real property which is or has been included within a multicounty park under § 4-1-170 and title to which is held by the State of South Carolina, only may be annexed with prior written consent of the State of South Carolina, and when title to real property in the park is held by a political subdivision of the State, the property may be annexed only with prior written consent of the governing body of the political subdivision holding title.