reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1830. Proceedings to enforce lien be in rem.

The proceedings and any judgment or decree that may be rendered therein shall be in the nature of proceedings in rem and it shall not be material that the ownership of the lands or other property be correctly alleged in the proceedings. The judgment or decree rendered shall be enforced wholly against such real estate.
HISTORY: 1962 Code Section 18-564; 1952 Code Section 18-564; 1942 Code Section 6179; 1932 Code Section 6179; Civ. C. '22 Section 3233; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1840. Trial of suit to enforce lien; continuances.

All suits instituted under the preceding sections shall stand for trial as other equitable actions unless a continuance be granted for good cause shown within the discretion of the court. And such continuance, for good cause shown, may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted. All such suits may be disposed of on oral testimony.
HISTORY: 1962 Code Section 18-565; 1952 Code Section 18-565; 1942 Code Section 6180; 1932 Code Section 6180; Civ. C. '22 Section 3234; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1850. Certain irregularities constitute no defense in suit to enforce lien.

No informality or irregularity in holding any of the meetings provided herein, the valuation or assessment of the lands, the names of the owners or the number of acres shall be a valid defense in any such suit.
HISTORY: 1962 Code Section 18-566; 1952 Code Section 18-566; 1942 Code Section 6180; 1932 Code Section 6180; Civ. C. '22 Section 3234; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1860. Judgment in suit to enforce lien.

When no answer has been filed on or before the time for filing an answer as stated in the notice, the notice having been published as required by Section 49-19-1820 or if answer is filed and the cause shall be decided for the plaintiff the court by its decree shall grant the relief prayed for and the decree for the delinquent taxes and penalty shall include all costs of suit and a reasonable attorney's fee to be fixed by the court, recoverable the same as the delinquent tax in the same suit. By such decree the court shall direct the sheriff to sell the land described in the complaint to the highest bidder for cash in hand at public outcry at the courthouse door of the county wherein the suit is pending after having first advertised such sale once each week for three consecutive weeks in some newspaper published in the county. Such advertisement may include all the lands described in the decree and ordered sold.
HISTORY: 1962 Code Section 18-567; 1952 Code Section 18-567; 1942 Code Sections 6179, 6180; 1932 Code Sections 6179, 6180; Civ. C. '22 Sections 3233, 3234; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1870. Provision in judgment for state and county taxes.

In all judgments, decrees and orders of sale of such delinquent lands the court may make proper and equitable provision for ascertaining the amount and for the payment of all unpaid State and county taxes with the penalties and costs thereon against the lands ordered sold, to be paid either out of the proceeds of sale thereof or by the purchaser.
HISTORY: 1962 Code Section 18-568; 1952 Code Section 18-568; 1942 Code Section 6180; 1932 Code Section 6180; Civ. C. '22 Section 3234; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1880. Sale and deeds; title; redemption.

If all the lands so advertised for sale be not sold on the day as advertised such sale shall continue from day to day until completed. The sheriff shall by proper deeds convey to the purchaser the lands so sold and the title to such land shall thereupon become vested in such purchaser as against all others whomsoever, subject, however, to the liens for all subsequent annual installments of drainage tax; provided, that any landowner shall have the right to redeem any and all lands sold at such sale within one year after the day when the lands are offered for sale. All deeds executed and delivered pursuant to this chapter shall have the same probative force as deeds executed under judicial sales in other civil actions.
HISTORY: 1962 Code Section 18-569; 1952 Code Section 18-569; 1942 Code Sections 6179, 6180; 1932 Code Sections 6179, 6180; Civ. C. '22 Sections 3233, 3234; 1920 (31) 663; 1961 (52) 43.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1890. Sale of lands to district.

When the lands are offered for sale by the sheriff, as provided by this chapter, and the sum of the tax due, together with interest, costs and penalty, is not bid, the sheriff making such sales shall bid the whole amount due thereon as aforesaid in the name of the district and shall sell the lands to the district and execute his deed therefor, conveying to such district such lands so sold to it. Such lands may be held and disposed of by the board of supervisors as the interest of the district may demand.
HISTORY: 1962 Code Section 18-570; 1952 Code Section 18-570; 1942 Code Section 6180; 1932 Code Section 6180; Civ. C. '22 Section 3234; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1900. Suit for collection of delinquent taxes by bondholder.

In case the district shall fail to commence suit within ninety days after the taxes have become delinquent the holder of any bond issued by the district may bring suit for the collection of the delinquent taxes. In such event the district shall be included as a defendant and the proceedings in such suit brought by any bondholder shall in all respects be governed by the provisions applicable to suits by the districts.
HISTORY: 1962 Code Section 18-571; 1952 Code Section 18-571; 1942 Code Section 6179; 1932 Code Section 6179; Civ. C. '22 Section 3233; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1910. Disposition of proceeds of sale.

The proceeds of sale made under and by virtue of this chapter shall be paid at once to the district treasurer and shall be accounted for by him the same as the drainage taxes. Any surplus that may remain after payment of the delinquent taxes, penalties, costs and attorney fees shall be paid over to or held subject to the order of the defendants or as may be ordered in the judgment or decree of sale.
HISTORY: 1962 Code Section 18-572; 1952 Code Section 18-572; 1942 Code Section 6179; 1932 Code Section 6179; Civ. C. '22 Section 3233; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1920. Lien for tax construed as equivalent to mortgage.

This chapter shall be liberally construed so as to give to the lien for drainage tax the effect of a bona fide mortgage for a valuable consideration and a first lien upon all the lands subject thereto as against all persons having an interest therein, subject only to the lien of certain other taxes as herein provided.
HISTORY: 1962 Code Section 18-573; 1952 Code Section 18-573; 1942 Code Section 6180; 1932 Code Section 6180; Civ. C. '22 Section 3234; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1930. Payment of all assessments in advance.

Any person owning land assessed for the construction of any canal, ditch or other improvement under the provisions of this chapter shall have the privilege of paying such assessment to the treasurer of the board of supervisors at any time on or before a date to be fixed by the board of supervisors and the amount to be paid shall be the full amount of the tax levied, less any amount added thereto to meet interest. When such tax assessment has been paid the secretary of the board shall enter upon the Drainage Tax Record opposite each tract for which payment is made the words "paid in full" and such tax assessment shall be deemed satisfied and the secretary of the board of supervisors shall also make or cause to be made the same entry opposite each tract for which payment is made in the table included in the certificate filed in the office of the clerk of the court of common pleas under the provisions of Section 49-19-1770.
HISTORY: 1962 Code Section 18-574; 1952 Code Section 18-574; 1942 Code Section 6204; 1932 Code Section 6204; Civ. C. '22 Section 3258; 1920 (31) 663; 1934 (38) 1463; 1935 (39) 44.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1940. Deposit of funds.

The district treasurer shall keep all funds received by him from any source whatever deposited at all times in some bank, banks or trust company to be designated by the board of supervisors. All interest accruing on such funds shall, when paid, be credited to the district.
HISTORY: 1962 Code Section 18-576; 1952 Code Section 18-576; 1942 Code Section 6181; 1932 Code Section 6181; Civ. C. '22 Section 3235; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1950. Payments by treasurer; form of warrants.

The treasurer of the district shall pay out funds of the district only on warrants issued by the district, such warrants to be signed by the president of the board of supervisors and attested by the signature of the secretary. All warrants shall be in the following form:
$__________ Fund __________ No. of warrant __________ Treasurer of __________ Drainage District, State of South Carolina.
Pay to __________ dollars out of the money in __________ fund of __________ drainage district. For __________.
By order of board of supervisors of __________ Drainage District, South Carolina.
, President of District. Attest: , Secretary of District.
HISTORY: 1962 Code Section 18-577; 1952 Code Section 18-577; 1942 Code Section 6181; 1932 Code Section 6181; Civ. C. '22 Section 3235; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1960. Audit and report.

The board of supervisors shall audit or have audited the books of the treasurer of the district at least once each year and make report thereof to the landowners at the annual meeting and publish a statement within thirty days thereafter, showing the amount of money received, the amount paid out during such year and the amount in the treasury at the beginning and end of the year.
HISTORY: 1962 Code Section 18-578; 1952 Code Section 18-578; 1942 Code Section 6181; 1932 Code Section 6181; Civ. C. '22 Section 3235; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1970. Interest on warrants unpaid for lack of funds.

Any warrant issued under this chapter that is not paid when presented to the treasurer of the district because of lack of funds in the treasury shall be endorsed on the back to that effect and such warrant shall draw interest thereafter at the rate of six per cent per annum until such time as there is money on hand to pay the amount of such warrant and the interest then accumulated. But no interest shall be allowed on warrants after notice to the holder or holders thereof that sufficient funds are in the treasury to pay such endorsed warrants and interest.
HISTORY: 1962 Code Section 18-579; 1952 Code Section 18-579; 1942 Code Section 6187; 1932 Code Section 6187; Civ. C. '22 Section 3241; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2110. Issuance of bonds authorized; terms and execution.

The board of supervisors may, if in their judgment it seems best, issue bonds not to exceed ninety per cent of the total amount of the taxes levied under the provisions of Section 49-19-1610, in denominations of not less than one hundred dollars, bearing interest from date at a rate not to exceed six per cent per annum, payable semiannually, to mature at annual intervals within thirty years commencing after a period of years not later than ten years, to be determined by the board of supervisors, both principal and interest payable at some convenient banking house or trust company's office to be named in the bonds. Such bonds shall be signed by the president of the board of supervisors, attested with the seal of the district and by the signature of the secretary of the board, shall show on their face the purpose for which they are issued and shall be payable out of money derived from the above-mentioned taxes.
HISTORY: 1962 Code Section 18-591; 1952 Code Section 18-591; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2120. Sale of bonds.

All of such bonds shall be executed and delivered to the treasurer of the district who shall sell them in such quantities and at such dates as the board of supervisors may deem necessary to meet the payments for the works and improvements in the district. The bonds shall not be sold for less than ninety-five cents on the dollar, with accrued interest.
HISTORY: 1962 Code Section 18-592; 1952 Code Section 18-592; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2130. Payment of bonds.

A sufficient amount of drainage tax shall be appropriated by the board of supervisors for the purpose of paying the principal and interest of such bonds and shall, when collected, be preserved in a separate fund for that purpose and no other. All bonds and coupons not paid at maturity shall bear interest at the rate of six per cent per annum from maturity until paid or until sufficient funds have been deposited at the place of payment and such interest shall be appropriated by the board of supervisors out of the penalties and interest collected on delinquent taxes or any other available funds of the district. Any expense incurred in paying the bonds and interest thereon and a reasonable compensation to the bank or trust company for paying them shall be paid out of other funds in the hands of the district treasurer and collected for the purpose of meeting the expenses of administration.
HISTORY: 1962 Code Section 18-593; 1952 Code Section 18-593; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2140. Levy of tax to pay bonds and interest.

The board of supervisors in making the annual tax levy, as heretofore provided, shall take into account the maturing bonds and interest on all bonds and make provision in advance for the payment thereof. In case the proceeds of the original tax levy made under the provisions of Section 49-19-1610 are not sufficient to pay the principal and interest on all bonds issued the board of supervisors shall make such additional levy or levies upon benefits assessed as are necessary for this purpose and under no circumstances shall any tax levies be made that will in any manner or to any extent impair the security of the bonds or the fund available for the payment of the principal and interest of thereof.
HISTORY: 1962 Code Section 18-594; 1952 Code Section 18-594; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2150. Additional bond of district treasurer.

The district treasurer shall, at the time of the receipt by him of such bonds, execute and deliver to the president of the board of the district a bond with good and sufficient sureties to be approved by the board, conditioned (a) that he shall account for and pay over as required by law and as ordered to do by the board any and all money received by him on the sale of such bonds or any of them, (b) that he will only sell and deliver such bonds to the purchaser or purchasers thereof under and according to the terms herein prescribed and (c) that he will return, duly cancelled, any and all bonds not sold to the board of supervisors when ordered by the board to do so. Such bond shall remain in the custody of the president of the board of supervisors who shall produce it for inspection or for use as evidence whenever and wherever legally requested so to do. The successor in office of any such district treasurer shall not be entitled to the bonds or the proceeds thereof until he shall have complied with all the foregoing provisions applicable to his predecessor in office.
HISTORY: 1962 Code Section 18-595; 1952 Code Section 18-595; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2160. Report of sales; warrants for payment of bonds and interest.

The district treasurer shall promptly report all sales of bonds to the board of supervisors which shall at reasonable times thereafter prepare and issue warrants in substantially the forms provided in Section 49-19-1950 for the payment of the maturing bonds so sold and the interest payments coming due on all bonds sold. Each of such warrants shall specify what bonds and accruing interest it is to pay and the treasurer shall place sufficient funds at the place of payment to pay the maturing bonds and coupons when due as well as a reasonable compensation to the bank or trust company for paying them.
HISTORY: 1962 Code Section 18-596; 1952 Code Section 18-596; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2170. Alternative use of bank or depository as temporary treasurer.

If it should be deemed more expedient to the board of supervisors as to money derived from the sale of bonds issued the board may by resolution select some suitable bank or banks or other depository as temporary treasurer or treasurers to hold and disburse the moneys on the orders of the board as the work progresses until such fund is exhausted or transferred to the district treasurer by order of the board of supervisors.
HISTORY: 1962 Code Section 18-597; 1952 Code Section 18-597; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2180. Use of proceeds of bonds.

The funds derived from the sale of such bonds or any of them shall be used for the purpose of paying the cost of the drainage works and improvements and such costs, expenses, fees and salaries as may be authorized by law and used for no other purpose.
HISTORY: 1962 Code Section 18-598; 1952 Code Section 18-598; 1942 Code Section 6196; 1932 Code Section 6196; Civ. C. '22 Section 3250; 1920 (31) 663; 1932 (37) 1253.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2190. Bonds as a lien; mandamus to compel tax levy.

All bonds issued by any board of supervisors under the provisions of this chapter shall be secured by a lien on all lands and other property benefited in the district and the board of supervisors shall see to it that a tax is levied annually and collected under the provisions of this chapter so long as it may be necessary to pay any bond issue or obligation contracted under its authority. The making of such assessment and collection may be enforced by mandamus.
HISTORY: 1962 Code Section 18-599; 1952 Code Section 18-599; 1942 Code Section 6206; 1932 Code Section 6206; Civ. C. '22 Section 3260; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2310. Levy and collection of Maintenance Tax.

To maintain and preserve the ditches, drains, or other improvements made pursuant to this chapter and to repair and restore them when needed and for the purpose of defraying the current expenses of the district the board of supervisors may upon the completion of the improvements and on or before the first day of October in each year thereafter levy an assessment upon each tract or parcel of land within the district to be known as a "Maintenance Tax." The Maintenance Tax shall be apportioned upon the basis of the net assessments of benefits accruing for original construction, shall not exceed ten per cent thereof in any one year and shall be certified to the county treasurer of each county in which lands of the district are situate at the same time as the annual installment tax is certified but in a separate column under the heading Maintenance Tax. The county treasurer shall demand and collect the Maintenance Tax, make return thereof and receive the same compensation therefor and be liable for the same penalties for failure or neglect so to do as is provided for the annual installment tax.
HISTORY: 1962 Code Section 18-611; 1952 Code Section 18-611; 1942 Code Section 6197; 1932 Code Section 6197; Civ. C. '22 Section 3251; 1920 (31) 663; 1928 (35) 2052.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2320. Petition for readjustment of assessments.

Whenever the owners of twenty-five per cent or more of the acreage of the lands in a district shall file a petition with the clerk of the court that organized the district stating that there has been a material change in the value of the property in the district since the last previous assessment of benefits and praying for a readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of the Maintenance Tax the clerk shall give notice of the filing and hearing of the petition in the manner and for the time provided for in Section 49-19-250.
HISTORY: 1962 Code Section 18-613; 1952 Code Section 18-613; 1942 Code Section 6198; 1932 Code Section 6198; Civ. C. '22 Section 3252; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2330. Notice of hearing on petition for readjustment.

Such notice may be in the following form:
Notice is hereby given to all persons interested in the lands included within the __________ drainage district that a petition has been filed in the office of the clerk of the court of common pleas of __________ County praying for a readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of the Maintenance Tax in said district and that said petition will be heard by said court on the first day of the next __________ term of said court.
Date of first publication __________ 19___.
________________________________________ Clerk of Court of Common Pleas of _______ County.
HISTORY: 1962 Code Section 18-614; 1952 Code Section 18-614; 1942 Code Section 6198; 1932 Code Section 6198; Civ. C. '22 Section 3252; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2340. Effecting readjustment.

Upon the hearing of the petition if the court shall find that there has been a material change in the values of the lands in the district since the last previous assessment of benefits the court shall order that there be made a readjustment of the assessment of benefits for the purpose of providing a basis upon which to levy the Maintenance Tax of the district. Thereupon the court shall appoint three commissioners, possessing the qualifications of commissioners appointed under Section 49-19-930, to make such readjustment of assessments in the manner provided in Sections 49-19-960 to 49-19-1000. The commissioners shall make their report and the same proceedings shall be had thereon, as nearly as may be, as are herein provided for the assessment of benefits accruing from the original construction. In making the readjustment of the assessment of benefits the commissioners shall not be limited to the aggregate amount of the original or any previous assessment of benefit and after the making of such readjustment the limitation of ten per cent for the annual Maintenance Tax which may be levied shall apply to the amount of benefits as readjusted.
HISTORY: 1962 Code Section 18-615; 1952 Code Section 18-615; 1942 Code Section 6198; 1932 Code Section 6198; Civ. C. '22 Section 3252; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2350. Readjustment no more than once in five years.

There shall be no such readjustment of benefits oftener than once in five years.
HISTORY: 1962 Code Section 18-616; 1952 Code Section 18-616; 1942 Code Section 6198; 1932 Code Section 6198; Civ. C. '22 Section 3252; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2510. Petition for correction of errors or extension of boundaries.

The board of supervisors or the board of drainage commissioners, for and in behalf of any drainage district organized under the provisions of this chapter, or the owners of land adjacent to such district may file a petition in the office of the clerk of the court organizing the district, praying the court to amend its former decree incorporating the district by correcting the names of the landowners, by striking out any such names, or in any other manner. Such petition may ask permission of the court to amend or change the Plan of Reclamation or to correct any errors, omissions or other mistakes that have been discovered in the Plan of Reclamation or the petition may ask that the boundary lines of the district be extended so as to include lands not included in the petition and decree of the court incorporating the district. If such petition asks the court's permission to change the Plan of Reclamation or that the boundary lines of such district be in any manner changed it shall also ask the court to appoint three commissioners as provided under the provisions of Section 49-19-930 to appraise the land that shall be taken for rights of way, holding basins or other works or to assess the benefits and damages to any or all lands, public highways, railroad and other property already in the district or that may be annexed to the district by the proposed amendments and changes to the Plan of Reclamation or the proposed change in the boundary lines of the district.
HISTORY: 1962 Code Section 18-621; 1952 Code Section 18-621; 1942 Code Section 6194; 1932 Code Section 6194; Civ. C. '22 Section 3248; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2520. Notice of hearing for correction of errors or extension of boundaries.

As soon as such petition shall have been filed the clerk of the court shall give notice in the manner and for the time provided for in Section 49-19-250. Such notice shall be substantially in the following form:
Notice of Drainage Hearing
To the owners and all persons interested in the lands and corporate and other property in and adjacent to __________ drainage district:
You and each of you are hereby notified that (here state by whom petition was filed) has filed in the office of the clerk of the court of common pleas of __________ County __________ a petition praying said court for permission to (here insert the prayer of the petition) and unless you show cause to the contrary on or before the ___ day of __________ the prayer of said petition may be granted.
Date of publication ___ day of __________, 19___.
________________________________________ ________________________________________ Clerk of Court of Common Pleas of _______ County.
HISTORY: 1962 Code Section 18-622; 1952 Code Section 18-622; 1942 Code Section 6194; 1932 Code Section 6194; Civ. C. '22 Section 3248; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2530. Hearing and decree for correction of errors or extension of boundaries; costs.

Any owner of land or other property located in the district or any owner of land or property located outside of the district that will be affected by the proposed changes, amendments and corrections enumerated in the petition shall have the right to file objections to the granting of the prayer of the petition on or before the date fixed in the notice. The court shall hear the petition and all objections that may have been filed against the petition in a summary manner on a day to be named by the court or judge thereof upon application of any party interested and enter its decree according to its findings. If the petition be dismissed the district shall pay the costs but if the petition be sustained in whole or in part the objectors shall pay the court costs incurred by reason of such objections.
HISTORY: 1962 Code Section 18-623; 1952 Code Section 18-623; 1942 Code Section 6194; 1932 Code Section 6194; Civ. C. '22 Section 3248; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2540. Transmittal and filing of petition for correction of errors or extension of boundaries.

The clerk of the court shall, within ten days after the granting of such decree, transmit a certified copy of the petition to the secretary of the board of supervisors and also a copy to each of the clerks of the courts of common pleas of the counties having land in the district and to the Secretary of State. Each such clerk shall file and preserve the copy in his office and for such filing and preserving he shall receive a fee of one dollar.
HISTORY: 1962 Code Section 18-624; 1952 Code Section 18-624; 1942 Code Section 6194; 1932 Code Section 6194; Civ. C. '22 Section 3248; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2550. Appointment and report of commissioners on correction of errors or extension of boundaries.

If the decree of the court provides that the Plan of Reclamation may be amended, changed or corrected or the boundary lines of the district extended the court shall appoint three commissioners, possessing the same qualifications as the commissioners appointed under the provisions of Section 49-19-930, to appraise the property to be taken, assess the benefits and damages and estimate the cost of improvements as required of commissioners acting under the provisions of Section 49-19-960. The commissioners shall make their report in writing and file it with the clerk after which it shall be proceeded with in the same manner as is provided for in this chapter for the organization of drainage districts.
HISTORY: 1962 Code Section 18-625; 1952 Code Section 18-625; 1942 Code Section 6194; 1932 Code Section 6194; Civ. C. '22 Section 3248; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2560. Consolidation of districts.

Any two or more adjacent districts established under this chapter, whether incorporated in the same or different counties, may be united and consolidated in one district and such new district and the board of supervisors thereof shall have the rights, powers and privileges of any district organized under this chapter.
HISTORY: 1962 Code Section 18-626; 1952 Code Section 18-626; 1942 Code Section 6199; 1932 Code Section 6199; Civ. C. '22 Section 3253; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2570. Election as prerequisite to consolidation; petition.

In order to effect such a consolidation the board of supervisors of each of the original districts shall call an election in the same manner as elections for supervisors, stating the time, place and object of such election. If a majority of the acreage voting in each district vote in favor of the proposition to unite and consolidate such districts the board of supervisors of each district shall present a petition to the court of common pleas of the county in which the greatest amount of the lands is located, accompanied with a complete return of the election, in which petition shall be stated the names of the original districts, when incorporated, the names of the owners of the lands and the boundaries of the districts.
HISTORY: 1962 Code Section 18-627; 1952 Code Section 18-627; 1942 Code Section 6199; 1932 Code Section 6199; Civ. C. '22 Section 3253; 1920 (31) 633.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2580. Notice of hearing on consolidation; objections; decree.

When the petition has been filed the clerk of the court shall give notice of such filing in the manner provided for giving notice in Section 49-19-250, the notice to state substantially the contents of the petition and the objects sought and the term of court at which the matter is to be heard. Any person owning land in either of the districts may, on or before the first day of such term of court, file objections to the regularity or sufficiency of any of the proceedings had in the premises and if such objections are overruled or if no objections are made the court shall make an order that any two or more of the several districts so asking to be united shall be united and consolidated as one district, under some appropriate designation, with all the rights, powers and privileges of such districts organized under this chapter. All orders made in regard to extension of time, boundaries or uniting districts shall be spread on the records of the court of common pleas and a certified copy thereof shall be filed with the clerk of the court of common pleas of each county in which any of such lands is located and also with the Secretary of State and such clerk shall receive a fee of one dollar for filing and preserving such certificates.
HISTORY: 1962 Code Section 18-628; 1952 Code Section 18-628; 1942 Code Section 6199; 1932 Code Section 6199; Civ. C. '22 Section 3253; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2590. Effect of consolidation; election of board of supervisors.

The lands so included in the new district shall be subject to all liens, liabilities and obligations of the original districts and a new board of supervisors shall be elected as is now provided in case of election of supervisors.
HISTORY: 1962 Code Section 18-629; 1952 Code Section 18-629; 1942 Code Section 6199; 1932 Code Section 6199; Civ. C. '22 Section 3253; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2600. Extension of duration of drainage district.

Whenever the board of supervisors of any district organized under this chapter finds that, in order to raise funds (1) to (a) complete the Plan of Reclamation, (b) pay for works already completed, (c) pay bonds outstanding and interest thereon or such interest alone or (d) restore any works or construct new work, or (2) for any other cause, the time for which any such drainage district has been incorporated should be extended, such board shall call a meeting of the landowners of the district in the same manner as is provided for in Section 49-19- 510. The notice shall state the time, place and purpose of such meeting and that if the owners of the majority of acres represented at such meeting vote in favor of such extension of the district's corporate existence a petition will be presented to the court that organized the district asking for such extension of time. Such meeting shall be conducted in the same manner as is provided in Section 49-19-510 for the election of supervisors, except that one member of the board of supervisors shall act as chairman of such meeting and the secretary of the board or his deputy shall act as clerk.
HISTORY: 1962 Code Section 18-630; 1952 Code Section 18-630; 1942 Code Section 6200; 1932 Code Section 6200; Civ. C. '22 Section 3254; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2610. Petition for extension of duration of district; proceedings.

If a majority of the acreage represented at such meeting shall vote in favor of such extension the board of supervisors shall, not less than ten days before the next term of the court of common pleas, file a petition with the clerk of such court, praying for the extension of the corporate existence of the district. After filing the petition the same proceedings shall be had as is provided for in this chapter relating to the incorporation of the district. If such petition be granted by the court within ten days thereafter the clerk shall transmit a copy of the decree to the secretary of the board of supervisors, a copy to the Secretary of State and a copy to the clerk of the court of common pleas of each county having land in the district. Such clerks shall file and preserve the copies in their respective offices and for such service shall each receive a fee of one dollar. In case the court should find that such extension should not be allowed the petition shall be dismissed and the cost incurred in the case be paid by the district.
HISTORY: 1962 Code Section 18-631; 1952 Code Section 18-631; 1942 Code Section 6200; 1932 Code Section 6200; Civ. C. '22 Section 3254; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2620. Addition to Plan of Reclamation.

When the work set out in the Plan of Reclamation of any drainage district is found insufficient to reclaim in whole or in part any or all of the lands of the district the board of supervisors may formulate new or amended plans containing new canals, ditches, levees or other works and additional assessments may be made in conformity with the provisions of Sections 49-19-960 to 49-19-1010 in proportion to the increased benefits accruing to the lands because of the additional works.
HISTORY: 1962 Code Section 18-632; 1952 Code Section 18-632; 1942 Code Section 6201; 1932 Code Section 6201; Civ. C. '22 Section 3255; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2630. Additional tax.

If it should be found at any time that the amount of total tax levied under the provisions of Section 49-19-1610 is insufficient to pay the cost of the works set out in the Plan of Reclamation or additional work done under the provisions of Section 49-19-2620, the board of supervisors may make an additional levy to provide funds to complete the work. But the total of all levies of such tax shall not exceed the total amount of benefits assessed.
HISTORY: 1962 Code Section 18-633; 1952 Code Section 18-633; 1942 Code Section 6201; 1932 Code Section 6201; Civ. C. '22 Section 3255; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2640. Connection of existing canals, ditches, or drains with system.

At the time of the construction in any district incorporated under this chapter of the Plan of Reclamation all canals, ditches or systems of drainage already constructed in the district and all watercourses shall, if necessary to the drainage of any lands in the district, be connected with and made a part of the works and improvements of the plan of drainage of the district.
HISTORY: 1962 Code Section 18-634; 1952 Code Section 18-634; 1942 Code Section 6203; 1932 Code Section 6203; Civ. C. '22 Section 3257; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2650. Consent of board of supervisors required for connection with system; procedure if consent refused.

No canals, ditches, drains or systems of drainage constructed in the district shall be connected with the works constructed under the Plan of Reclamation unless the consent of the board of supervisors shall be first had and obtained. Such consent shall be in writing and shall particularly describe the method, terms and conditions of such connection and shall be approved by the chief engineer. Such connection, if made, shall be in strict accord with the method, terms and conditions laid down in the consent. If the landowner or owners wishing to make such connection are refused by the board of supervisors or decline to accept the consent granted the landowner or owners may file a petition for such connection in the court of common pleas having jurisdiction in the district and the matter in dispute shall in a summary manner be decided by the court, which decision shall be final and binding on the district and landowner or owners. No connection with the works or improvements of the district or with any canal, ditch, drain or artificial drainage wholly within the district shall be made, caused or effected by any landowner or owners, company or corporation, municipal or private, by means of or with any ditch, drain, cut, fill, roadbed, levee, embankment or artificial drainage wholly without the limits of the district, unless such connection is consented to by the board of supervisors or is made pursuant to the provisions of the preceding sentence.
HISTORY: 1962 Code Section 18-635; 1952 Code Section 18-635; 1942 Code Section 6203; 1932 Code Section 6203; Civ. C. '22 Section 3257; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2660. Construction of bridge by landowner.

Any owner of land within or without the district may, at his own expense and in compliance with the terms and provisions of this chapter, construct a bridge across any drain, ditch, canal or excavation in or out of the district.
HISTORY: 1962 Code Section 18-636; 1952 Code Section 18-636; 1942 Code Section 6186; 1932 Code Section 6186; Civ. C. '22 Section 3240; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-2680. Reorganization of other drainage districts.

Any drainage district in this State organized under the provisions of any other law of this State, either general or special, may elect to become and be reorganized under the provisions of this chapter.
HISTORY: 1962 Code Section 18-638; 1952 Code Section 18-638; 1942 Code Section 6209; 1932 Code Section 6209; Civ. C. '22 Section 3263; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-10. Short title.

This chapter may be cited as the South Carolina Drought Response Act.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-30. Duties and authority of department.

The department shall formulate, coordinate, and execute a drought mitigation plan. The plan must be developed consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in Chapter 3 of Title 49, to the extent that the plan is compatible with the comprehensive state water plan. In carrying out these responsibilities, the department shall seek and utilize to the extent possible the input, resources, and expertise of other agencies in assisting in drought mitigation planning and response.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 23 - South Carolina Drought Response Act › Section 49-23-40. Applicability of chapter.

This chapter applies to all of the water resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this chapter does not authorize any restriction in use of water during an incipient, moderate, and severe drought declaration injected into aquifer storage and recovery facilities, water stored in managed watershed impoundments or water from any pond completely situated on private property and fed only by diffused surface water. During a drought declaration, the use of water from a managed watershed impoundment shall not be restricted as long as minimum streamflow or flow equal to the 7Q10 is maintained, whichever is less. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in Section 49-23-20. The drought response plan applies to every person using water in this State.
HISTORY: 1985 Act No. 63, Section 3; 1993 Act No. 181, Section 1250; 2000 Act No. 366, Section 3.