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S.C. Code Ann. § 5-1-22

Public policy for incorporation of publicly-owned property established

Applied in 1 court decision — leading case Cabiness v. Town of James Island (2011)

Most recently applied in Cabiness v. Town of James Island (June 2011)

2005 Act No. 77, SECTION 1, eff July 1, 2005.

The General Assembly finds and declares the following to be the public policy of the State of South Carolina:

(1) publicly-owned property may be incorporated or annexed by a municipality as provided by the state's statutory law; however, publicly-owned property is for the benefit of all citizens of the State and is not the exclusive territory of any one municipality; and

(2) incorporation or annexation of publicly-owned property does not confer or convey to a municipality control over the publicly-owned property that in any way:

(a) interferes with the superior authority of the federal, state, or county government; or

(b) prevents an area seeking to be incorporated from using the publicly- owned property to establish contiguity as provided in Section 5-1-30(A)(4).

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.