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S.C. Code Ann. § 6-1-70

Prohibition on real estate transfer fees; exceptions

Applied in 2 court decisions — leading case Town of Hilton Head Island v. Morris (1997)

Most recently applied in Town of Hilton Head Island v. Morris (April 1997)

1994 Act No. 497, Part II, SECTION132A7; 1997 Act No. 155, Part II, SECTIONS 71A, 72A.

(A) Except as provided in subsection (B), the governing body of each county, municipality, school district, or special purpose district may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax.

(B) A municipality that originally enacted a real estate transfer fee prior to January 1, 1991 may impose and collect a real estate transfer fee, by ordinance, regardless of whether imposition of the fee was discontinued for a period after January 1, 1991.

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