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 49-19-960. Duties of appraisal commissioners.

Immediately after qualifying, as provided in Section 49-19-950, the commissioners shall begin their duties. They may at any time call upon the attorney of the district for legal advice and information relative to their duties and the chief engineer or one of his assistants shall accompany the commissioners when engaged in the discharge of their duties and shall render his opinion in writing when called for. The commissioners shall proceed to view the premises and determine the value of all lands, within or without the district, to be acquired and used for rights of way, holding basins or other works set out in the Plan of Reclamation. They shall assess the amount of benefits and the amount of damages also, if any, that will accrue to each tract or lot of land according to ownership, public highways, railroads and other rights of way from carrying out and putting into effect the Plan of Reclamation theretofore adopted.
HISTORY: 1962 Code Section 18-476; 1952 Code Section 18-476; 1942 Code Section 6169; 1932 Code Section 6169; Civ. C. '22 Section 3223; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-970. Considerations in assessing benefits.

The commissioners in assessing the benefits to lands, public highways, railroads and other rights of way not traversed by such works and improvements as provided for in the Plan of Reclamation shall not consider what benefits will be derived by such property after other ditches, improvements or other plans for reclamation shall have been constructed but they shall assess only such benefits as will be derived from the construction of the works and improvements set out in the Plan of Reclamation or as the same may afford an outlet for drainage or protection from overflow of such property. The commissioners shall give due consideration and credit to any other canal, drain, ditch, dyke, levee or other system of reclamation which may have already been constructed and which affords partial or complete protection to any tract or parcel of land in the new district. The public highways, railroads and other rights of way shall be assessed according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the protection to be derived from the proposed works and improvements.
HISTORY: 1962 Code Section 18-477; 1952 Code Section 18-477; 1942 Code Section 6169; 1932 Code Section 6169; Civ. C. '22 Section 3223; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-980. Appraisal commissioners may not change Plan of Reclamation.

The commissioners shall have no power to change the Plan of Reclamation.
HISTORY: 1962 Code Section 18-478; 1952 Code Section 18-478; 1942 Code Section 6169; 1932 Code Section 6169; Civ. C. '22 Section 3223; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-990. Report of appraisal commissioners.

The board of commissioners shall prepare a report of their findings which shall be arranged in tabular form the columns of which shall be headed as follows: Column one, "Owner of property assessed"; column two, "Description of property assessed"; column three, "Number of acres assessed"; column four, "Amount of benefits assessed"; column five, "Amount of damages assessed"; column six, "Number of acres to be taken for rights of way, holding basins, etc."; and column seven, "Value of property to be taken." They shall also, by and with the advice of the engineer of the district, estimate the cost of the works set out in the Plan of Reclamation. The estimate shall include the cost of property required for rights of way, holding basins and other works and damages and the probable expense of organization and administration, as estimated by the board of supervisors, and shall tabulate the same. The report shall be signed by at least a majority of the commissioners and filed in the office of the clerk of the court of common pleas organizing such drainage district. The secretary of the board of supervisors or his deputy shall accompany the commissioners while engaged in their duties and shall perform all clerical work for the board. He shall also, under the advice, supervision and direction of the attorney for the district, prepare their report.
HISTORY: 1962 Code Section 18-479; 1952 Code Section 18-479; 1942 Code Section 6169; 1932 Code Section 6169; Civ. C. '22 Section 3223; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1000. Compensation and expenses of appraisal commissioners.

The board of commissioners shall report to the board of supervisors the number of days each have been employed and the actual expenses incurred. Each commissioner shall be paid a per diem for his services and necessary expenses in addition thereto.
HISTORY: 1962 Code Section 18-480; 1952 Code Section 18-480; 1942 Code Section 6169; 1932 Code Section 6169; Civ. C. '22 Section 3223; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1010. Procedure when report assesses benefit or damages to lands not in district.

In case the report of the commissioners shall contain assessments of benefits and damages to lands not included in the original petition as signed and filed the board of supervisors shall file in the office of the clerk a petition praying that the court grant permission for the extension of the boundary lines of the district so as to embrace all lands that will be benefited, as shown by the report of the commissioners, and after such petition has been filed it shall be proceeded with in accordance with the provisions of this chapter governing the extension of boundary lines of districts.
HISTORY: 1962 Code Section 18-481; 1952 Code Section 18-481; 1942 Code Section 6169; 1932 Code Section 6169; Civ. C. '22 Section 3223; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1020. Notice of filing of report of appraisal commissioners.

Upon the filing of the report of the commissioners the clerk of the court of common pleas shall give notice thereof by causing publication to be made once a week for two consecutive weeks in some newspaper published in each county in which there are lands covered by the report, the last publication to be made at least ten days before the day to be named in such notice on which exceptions may be filed.
HISTORY: 1962 Code Section 18-482; 1952 Code Section 18-482; 1942 Code Section 6170; 1932 Code Section 6170; Civ. C. '22 Section 3224; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1030. Form of notice of filing of report.

It shall not be necessary for the clerk to name the parties interested but it shall be sufficient to say: Notice of Filing Commissioners' Report For __________ Drainage District. Notice is hereby given to all persons interested in the following described real estate in __________ County (or counties), in the State of South Carolina, viz.: (here give boundaries of district) included within "__________ Drainage District" that the commissioners heretofore appointed to assess benefits and damages to the property and lands situate in said drainage district and to appraise the cash value of the land necessary to be taken for rights of way, holding basins and other works of said district within or without the limits of said district filed their report in this office on the ___ day of __________, 19___, and you and each of you are hereby notified that you may examine said report and file exception to all or any part thereof on or before the first Monday in __________, 19___. First publication __________, 19___ clerk of the court of common pleas, __________ County.
HISTORY: 1962 Code Section 18-483; 1952 Code Section 18-483; 1942 Code Section 6170; 1932 Code Section 6170; Civ. C. '22 Section 3224; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1040. Exceptions to report; hearing.

The board of drainage commissioners, the drainage district or any owner of land or other property to be affected and covered by the report may file exceptions to any part or all of the report of the commissioners on or before the date specified therefor in the notice published pursuant to Sections 49-19-1020 and 49-19-1030. All exceptions shall be heard and determined by the court in a summary manner so as to carry out liberally the purposes and needs of the district.
HISTORY: 1962 Code Section 18-484; 1952 Code Section 18-484; 1942 Code Section 6171; 1932 Code Section 6171; Civ. C. '22 Section 3225; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1050. Dissolution of district if cost adjudged excessive.

If, after determining the objections made to the commissioners' report, the court shall find that the estimated costs of works and improvements as reported by the board of commissioners or as amended by the court exceed the estimated benefits, the court shall then render its decree declaring the incorporation of the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of supervisors, shall have been paid and if the uniform tax levied under the provisions of Section 49-19-1210 be found insufficient to pay all such costs the board of supervisors shall make such additional uniform tax levies as will be necessary to pay such deficiency. In estimating the cost of constructing the work and improvements of the district the amount of interest that might accrue upon bonds that may be issued by the board of supervisors under the provisions of this chapter shall not be considered as a part of the cost of construction.
HISTORY: 1962 Code Section 18-485; 1952 Code Section 18-485; 1942 Code Section 6191; 1932 Code Section 6191; Civ. C. '22 Section 3245; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1060. Decision of court if cost adjudged not excessive.

If no exceptions are filed or if it is shown upon the hearing of all of the exceptions that the estimated cost of construction of improvements contemplated in the Plan of Reclamation is less than the benefits assessed against the lands in the district the court shall approve and confirm the commissioners' report. But if the court, upon hearing the objections filed, finds that any or all such objections should be sustained it shall order the report changed to conform with such findings and when so changed the court shall approve and confirm such report and enter its decree accordingly. The court shall adjudge and apportion the costs incurred by the exceptions filed and there shall be condemned any land or other property, within or without the boundary lines of the district, that is shown by the report of the commissioners to be needed for rights of way, holding basins or other works or that may be needed for material to be used in constructing the works, following, as nearly as possible, the procedure that is now provided for by law for the appropriation of land and other property taken for railroads.
HISTORY: 1962 Code Section 18-486; 1952 Code Section 18-486; 1942 Code Section 6171; 1932 Code Section 6171; Civ. C. '22 Section 3225; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1070. Acceptance of assessments of damages; demand for jury.

Any property owner may accept the assessments of damages in his favor made by the commissioners or acquiesce in their failure to assess damages in his favor and shall be construed to have done so unless he gives the supervisors of the district on or before the time shall have expired for filing exceptions, as heretofore provided, notice in writing that he demands an assessment of his damages by a jury.
HISTORY: 1962 Code Section 18-487; 1952 Code Section 18-487; 1942 Code Section 6171; 1932 Code Section 6171; Civ. C. '22 Section 3225; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1080. Appeal.

Any person or party aggrieved may appeal the final judgment of the circuit court in the manner provided by the South Carolina Appellate Court Rules.
HISTORY: 1962 Code Section 18-488; 1952 Code Section 18-488; 1942 Code Section 6171; 1932 Code Section 6171; Civ. C. '22 Section 3225; 1920 (31) 663; 1999 Act No. 55, Section 47.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1090. Transmittal and filing of decree and report.

The clerk of the court of common pleas shall transmit a certified copy of the court decree and a copy of the commissioners' report, as confirmed or amended by the court, to the secretary of the board of supervisors of the district. The clerk shall also transmit a certified copy of the decree and that part of the report affecting land in each county to the clerk of the court of common pleas of each county having lands in the district or covered by the report, where it shall be filed and become a permanent record. Each such clerk shall receive a fee of one dollar for receiving, filing and preserving such decree and report.
HISTORY: 1962 Code Section 18-490; 1952 Code Section 18-490; 1942 Code Section 6171; 1932 Code Section 6171; Civ. C. '22 Section 3225; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1210. Assessment for preliminary expenses.

The board of supervisors of any drainage district organized under the provisions of this chapter may, as soon as they have organized as provided under Section 49-19-580 or at any time before the adoption of the Plan of Reclamation, levy a uniform assessment, hereinafter called a tax, of not exceeding fifty cents per acre upon each acre of land within such drainage district, as defined in the petition and decree incorporating the district, to be used for the purpose of paying expenses incurred or to be incurred in organizing the district, making surveys of the district and assessing benefits and damages and to pay other expenses necessarily incurred as may be estimated by the board and chief engineer before the funds to pay the total cost of the works and improvements of the district are available. In case the boundary lines of the district be extended under the provisions of Sections 49-19-2510 to 49-19-2550 so as to include lands not covered by the petition the same uniform assessment shall be made on such other lands as soon as they shall have been annexed and included in the district.
HISTORY: 1962 Code Section 18-501; 1952 Code Section 18-501; 1942 Code Section 6166; 1932 Code Section 6166; Civ. C. '22 Section 3220; 1920 (31) 663; 1924 (33) 1124.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1220. Time for payment of assessment; lien.

Such tax shall be due and payable as soon as assessed and become delinquent ninety days after the filing of the certificate of such assessment with the county treasurer. It shall become a lien upon the land against which it is assessed from the date of assessment and shall be collected in the same manner as the annual installment of tax.
HISTORY: 1962 Code Section 18-502; 1952 Code Section 18-502; 1942 Code Section 6166; 1932 Code Section 6166; Civ. C. '22 Section 3220; 1920 (31) 663; 1924 (33) 1124.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1230. Disposition of surplus.

In case the sum received for such assessment exceeds the total cost of items for which it has been levied the surplus shall be placed in the general fund of the district and used to pay costs of construction. But if the incorporation of the district be dissolved, as provided elsewhere in this chapter, the amount of surplus, if there be any, shall be prorated and refunded to the landowners paying such assessments.
HISTORY: 1962 Code Section 18-503; 1952 Code Section 18-503; 1942 Code Section 6166; 1932 Code Section 6166; Civ. C. '22 Section 3220; 1920 (31) 663; 1924 (33) 1124.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1240. Issuance of notes for services.

The board of supervisors may issue to any person performing work or services or furnishing anything of value in the organization of the district negotiable evidences of debt, bearing interest at not exceeding six per cent.
HISTORY: 1962 Code Section 18-504; 1952 Code Section 18-504; 1942 Code Section 6166; 1932 Code Section 6166; Civ. C. '22 Section 3220; 1920 (31) 663; 1924 (33) 1124.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1250. Borrowing for preliminary expenses.

If it shall appear necessary to obtain funds to pay any expense incurred or to be incurred in organizing the district before a sufficient sum can be obtained by the collection of such uniform tax the board of supervisors may borrow a sufficient amount of money to meet emergencies at a rate of interest not exceeding eight per cent per annum and may issue negotiable notes therefor, signed by members of the board, and may pledge any and all assessments made under the provisions of Section 49-19-1210 for the repayment thereof.
HISTORY: 1962 Code Section 18-505; 1952 Code Section 18-505; 1942 Code Section 6166; 1932 Code Section 6166; Civ. C. '22 Section 3220; 1920 (31) 663; 1924 (33) 1124.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1260. Treating preliminary expense when no preliminary assessment is made.

If no assessment for such preliminary expense is made such preliminary expense shall be included in the total cost of the works and improvements of the district.
HISTORY: 1962 Code Section 18-506; 1952 Code Section 18-506; 1942 Code Section 6166; 1932 Code Section 6166; Civ. C. '22 Section 3220; 1920 (31) 663; 1924 (33) 1124.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1270. Excessive or deficient assessments.

If it be determined that such uniform tax has been paid upon an excess of acreage, as found by the survey constituting a part of the Plan of Reclamation, the amount so paid upon such excess shall be refunded to the person paying it. And if it be determined by such survey that any landowner has been assessed upon a deficiency of acreage when the actual acreage is determined, the assessment shall be made on the difference.
HISTORY: 1962 Code Section 18-507; 1952 Code Section 18-507; 1942 Code Section 6166; 1932 Code Section 6166; Civ. C. '22 Section 3220; 1920 (31) 663; 1924 (33) 1124.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1280. Refund of assessment.

If it shall be ascertained and determined that any tract or lot of land or parts thereof upon which the uniform tax authorized and levied as provided in Section 49-19-1210 has been paid will not be benefited by or receive any benefit from the completion of the plan for improvement then the uniform tax so paid upon such tract, lot or part thereof shall be refunded and paid to the person paying it.
HISTORY: 1962 Code Section 18-508; 1952 Code Section 18-508; 1942 Code Section 6171; 1932 Code Section 6171; Civ. C. '22 Section 3225; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1410. Board of supervisors may carry out the Plan of Reclamation.

The board of supervisors of the district may build, construct, excavate and complete any and all works and improvements which may be needed to carry out, maintain and protect the Plan of Reclamation. To accomplish that end the board of supervisors may employ men and teams and purchase machinery, employ men to operate the same and directly have charge of and construct the works and improvements in such manner as, or by the use of other or more efficient means than, is provided for in the plans adopted. It may, in their discretion, let the contract for such works and improvements either as a whole or in sections and when such contract or contracts are let they shall be advertised and let to the lowest and best bidder who shall give a good and approved bond with ample security, conditioned that he will well and promptly carry out the contract for such work and improvements.
HISTORY: 1962 Code Section 18-521; 1952 Code Section 18-521; 1942 Code Section 6172; 1932 Code Section 6172; Civ. C. '22 Section 3226; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1420. Contract for improvements.

The contract shall be in writing and to it shall be attached and made a part thereof complete plans and specifications of the work to be done and improvements to be made under such contract. The plans and specifications shall be prepared by the chief engineer and shall be incorporated in and attached to the contract. The contract shall be prepared by the attorney for the district and approved by the board of supervisors and executed by its president and the contractor in duplicate.
HISTORY: 1962 Code Section 18-522; 1952 Code Section 18-522; 1942 Code Section 6172; 1932 Code Section 6172; Civ. C. '22 Section 3226; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1430. Chief engineer to be superintendent; reports.

The chief engineer shall be the superintendent of all the works and improvements and shall at least once each year, and when required, make a full report to the board of all work done and improvements made and make suggestions and recommendations to the board as he may deem proper.
HISTORY: 1962 Code Section 18-523; 1952 Code Section 18-523; 1942 Code Section 6172; 1932 Code Section 6172; Civ. C. '22 Section 3226; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1450. Payment for lands taken.

The boards of supervisors of drainage districts organized under this chapter shall not have the right to enter upon or appropriate any land for rights of way, holding basins or other works of the districts until the prices awarded to the owners of such land shall have been paid to such owners or into the hands of the appropriate clerks of the courts of common pleas for the use of such owners. If the sums awarded be not paid within five years from the date of filing the commissioners' reports all proceedings as to the taking of such property for rights of way, holding basins and other works not so paid for shall abate at the cost of the districts. Whenever any land is acquired by any district under the provisions of this chapter and the price of such property has been paid the owner by the district the title, use, possession and enjoyment of such property shall pass from the owner and be vested in the district and subject to its use, profit, employment and final disposition. The price awarded for all lands acquired by any district for rights of way, holding basins or other works and the amount of damages assessed by the board of commissioners and confirmed by the court to any tract or parcel of land or other property in the district shall be paid in cash to the owner thereof or to the clerk of the court for the use of such owner and that portion of any tract or parcel of land not taken for use for the district shall be assessed for the benefits accruing in accordance with provisions of other sections in this chapter.
HISTORY: 1962 Code Section 18-525; 1952 Code Section 18-525; 1942 Code Section 6185; 1932 Code Section 6185; Civ. C. '22 Section 3239; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1460. Construction and enlargement of bridges.

All bridges constructed under the provisions of this chapter and all enlargements of bridges already in existence shall be built and enlarged according to and in compliance with the plans, specifications and orders made or approved by the chief engineer of the district.
HISTORY: 1962 Code Section 18-526; 1952 Code Section 18-526; 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 49-19-1470. Construction or enlargement of bridges when bridge or right of way of corporation affected.

If any such bridge shall belong to any corporation or be needed over a public highway or right of way of any corporation the secretary of the board of supervisors shall give such corporation notice by delivering to its agent or officer in any county wherein the district is situate a copy of the order of the board of supervisors of the district declaring the necessity for the construction or enlargement of the bridge. A failure to construct or enlarge such bridge within the time specified in such order shall be taken as a refusal to do such work by the corporation and thereupon the board of supervisors shall proceed to let the work of constructing or enlarging the bridge at the expense of the corporation for the cost thereof. Such costs shall be collected by the board of supervisors from the corporation by suit therefor if necessary. But before the board of supervisors shall let such work it shall give some agent or officer of the corporation authorized by the laws of this State to accept service of summons or upon whom service of summons for the corporation might be made at least twenty days' actual notice of the time and place of letting such work. The word "corporation" as used in this section shall include municipal corporations and counties.
HISTORY: 1962 Code Section 18-527; 1952 Code Section 18-527; 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 49-19-1480. Ditch or lateral crossing public highway.

Any drainage district may construct and maintain any ditch or lateral provided in the Plan of Reclamation across any of the public highways of this State without proceedings for the condemnation of the highway or being liable for damages therefor. Within ten days after a dredge boat or any other excavating machine shall have completed a ditch across any public highway a bridge shall be constructed and maintained over such drainage ditch where it crosses such highway.
HISTORY: 1962 Code Section 18-528; 1952 Code Section 18-528; 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 49-19-1610. Levy of assessments.

After the list of lands with the assessed benefits and the decree and judgment of court have been filed in the office of the clerk of the court of common pleas, as provided in Section 49-19-1090, then the board of supervisors shall, without any unnecessary delay, levy an assessment, hereinafter called a tax, of such portion of the benefits on all lands, railroads and other property in the district to which benefits have been assessed as may be found necessary by the board of supervisors to pay the costs of the completion of the proposed works and improvements as shown in the Plan of Reclamation and in carrying out the objects of the district and in addition thereto ten per cent of such total amount for emergencies. The tax shall be apportioned to and levied on each tract of land in the district in proportion to the benefits assessed and not in excess thereof. In case bonds are issued as provided in Article 15 of this chapter the amount of the interest, as estimated by the board of supervisors, which will accrue on the bonds shall be included and added to the tax. But the interest to accrue on account of the issuing of such bonds shall not be construed as a part of the costs of construction in determining whether or not the expenses and costs of making the improvements are or are not equal to or in excess of the benefits assessed.
HISTORY: 1962 Code Section 18-541; 1952 Code Section 18-541; 1942 Code Section 6173; 1932 Code Section 6173; Civ. C. '22 Section 3227; 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 49-19-1620. Assessment of state lands.

All lands in the district belonging to the State shall be assessed to and the taxes thereon shall be paid by the State out of the funds on hand, or which may hereafter be obtained, derived from the sale of lands belonging to the State and this provision shall apply to taxes assessed for preliminary work and expenses as provided for in this chapter.
HISTORY: 1962 Code Section 18-542; 1952 Code Section 18-542; 1942 Code Section 6173; 1932 Code Section 6173; Civ. C. '22 Section 3227; 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 49-19-1630. "Drainage Tax Record".

The secretary of the board of supervisors, as soon as the total tax is levied, shall, at the expense of the district, prepare a list of all taxes levied in the form of a well-bound book which shall be endorsed and named "Drainage Tax Record of __________ Drainage District, __________ County, South Carolina." Such endorsement shall be printed or written at the top of each page in the book and shall be signed and certified by the president and the secretary of the board of supervisors, attested by the seal of the district, and shall thereafter become a permanent record in the office of the secretary.
HISTORY: 1962 Code Section 18-543; 1952 Code Section 18-543; 1942 Code Section 6173; 1932 Code Section 6173; Civ. C. '22 Section 3227; 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 49-19-1640. Determination and levy of annual installments.

The board of supervisors shall each year thereafter determine, order and levy the amount of the annual installment of the total taxes levied under Section 49-19-1610, which shall become due and be collected during such year at the same time that State and county taxes are due and collected. Such annual installment and levy shall be evidenced and certified by the board not later than October 1st of each year to the county treasurer of each county in which lands and other property of the district are situated.
HISTORY: 1962 Code Section 18-544; 1952 Code Section 18-544; 1942 Code Section 6174; 1932 Code Section 6174; Civ. C. '22 Section 3228; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1660. Collection of drainage tax.

The county treasurer of each county in which lands in any drainage district organized under this chapter are situated shall receive the Drainage Tax Book each year and shall promptly and faithfully collect the tax therein set out and exercise all due diligence in so doing. The Drainage Tax Book shall be the warrant and authority of the county treasurer for making such demand and collection.
HISTORY: 1962 Code Section 18-546; 1952 Code Section 18-546; 1942 Code Section 6175; 1932 Code Section 6175; Civ. C. '22 Section 3229; 1920 (31) 663; 1933 (38) 360; 1936 (39) 1747.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1670. Bond required of county treasurer.

Before receiving the Drainage Tax Book the county treasurer of each county in which lands of the drainage district are located shall execute to the board of supervisors of the district a bond, with at least two good and sufficient sureties or some surety or bonding company approved by the board, in a sum that is double the probable amount of any annual installment of the tax to be collected by him during any one year, conditioned that the county treasurer shall pay over and account for all taxes so collected by him according to law. Such bond after approval by the board of supervisors shall be deposited with the secretary of the board of supervisors, who shall be custodian thereof and who shall produce it for inspection and use as evidence whenever and wherever lawfully requested so to do.
HISTORY: 1962 Code Section 18-547; 1952 Code Section 18-547; 1942 Code Section 6175; 1932 Code Section 6175; Civ. C. '22 Section 3229; 1920 (31) 663; 1933 (38) 360; 1936 (39) 1747.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1680. Compensation of county treasurer.

The county treasurer shall retain for his service one per cent of the amount he collects on current taxes and two per cent of the amount he collects on delinquent taxes.
HISTORY: 1962 Code Section 18-548; 1952 Code Section 18-548; 1942 Code Section 6177; 1932 Code Section 6177; Civ. C. '22 Section 3231; 1920 (31) 633.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1690. Segregation of drainage from other taxes or assessments.

Upon the request of the taxpayer the county treasurer shall segregate State, county and school taxes from the drainage taxes or assessments and permit such taxes or assessments to be paid at different times.
HISTORY: 1962 Code Section 18-549; 1952 Code Section 18-549; 1942 Code Section 6175; 1932 Code Section 6175; Civ. C. '22 Section 3229; 1920 (31) 663; 1933 (38) 360; 1936 (39) 1747.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1700. Payment when tract divided and sold or transferred during year.

When any tract or part thereof has been divided and sold or transferred the county treasurer shall receive taxes on any part of any tract, piece or parcel of land charged with such taxes and give his receipt accordingly. But the board of supervisors shall ascertain and determine the amount of such taxes to be paid by each of such owners.
HISTORY: 1962 Code Section 18-551; 1952 Code Section 18-551; 1942 Code Section 6175; 1932 Code Section 6175; Civ. C. '22 Section 3229; 1920 (31) 663; 1933 (38) 360; 1936 (39) 1747.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1710. Return and payment of taxes collected.

The county treasurer shall make due return of the Drainage Tax Book immediately after the 31st day of December of each year to the secretary of the board of supervisors of the drainage district and shall pay over and account for all moneys collected thereon each year to the treasurer of the district. The county treasurer shall in the Drainage Tax Book verify his return by affidavit.
HISTORY: 1962 Code Section 18-552; 1952 Code Section 18-552; 1942 Code Section 6175; 1932 Code Section 6175; Civ. C. '22 Section 3229; 1920 (31) 663; 1933 (38) 360; 1936 (39) 1747.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1720. Delinquent list; collection of delinquent taxes.

The secretary shall each year, within ten days after the return of the county treasurer is delivered to him, prepare and certify to the county treasurer a Drainage Tax Book containing the list of lands so returned by the county treasurer as delinquent, deliver the book to him and take his receipt therefor and the county treasurer shall proceed to collect such delinquent drainage taxes and demand payment therefor in the manner as herein provided for the collection of current drainage taxes.
HISTORY: 1962 Code Section 18-553; 1952 Code Section 18-553; 1942 Code Section 6175; 1932 Code Section 6175; Civ. C. '22 Section 3229; 1920 (31) 663; 1933 (38) 360; 1936 (39) 1747.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1730. Penalty on delinquent drainage taxes.

All taxes provided for in this chapter remaining unpaid after December 31st of the year for which such taxes were levied shall become delinquent and bear the same penalty as provided by law for delinquent property taxes.
HISTORY: 1962 Code Section 18-554; 1952 Code Section 18-554; 1942 Code Section 6176; 1932 Code Section 6176; Civ. C. '22 Section 3230; 1920 (31) 663; 1934 (38) 1411.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1740. Penalty for neglect of county treasurer.

If any county treasurer refuses, fails or neglects to make prompt payment of the tax or any part thereof collected under this article to the district treasurer he shall pay a penalty of ten per cent on the amount of his delinquency. Such penalty shall at once become due and payable and both he and his securities shall be liable therefor on his aforesaid bond.
HISTORY: 1962 Code Section 18-555; 1952 Code Section 18-555; 1942 Code Section 6177; 1932 Code Section 6177; Civ. C. '22 Section 3231; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1750. Lien of drainage taxes; penalties and costs.

All drainage taxes provided for in this chapter, together with all penalties for default in payment thereof and all costs in collecting them, including a reasonable attorney's fee fixed by the court and taxed as costs in the action brought to enforce payment, shall, from the date of assessment thereof until paid, constitute a lien to which only the lien of the State for general State, county, school and road taxes shall be paramount upon all lands against which such taxes shall be levied as is provided in this chapter; provided, that the lien for taxes assessed or levied for the purposes of any subdrainage district, with the penalties for default in the payment thereof and all costs incurred, shall be subject to the prior lien for drainage taxes assessed or levied for the district or districts first established as well as the lien for State and county taxes and the certificates asserting such lien shall so state.
HISTORY: 1962 Code Section 18-556; 1952 Code Section 18-556; 1942 Code Section 6178; 1932 Code Section 6178; Civ. C. '22 Section 3232; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1760. Form of certificate of lien.

Such lien shall be evidenced by a certificate substantially in the following form, to wit:
State of South Carolina,
County of __________
To __________, Clerk of the Court of Common Pleas of said county:
This is to certify that by virtue and authority of the provisions of Chapter 19 of Title 49 of the Code of South Carolina, the board of supervisors of __________ Drainage District, in which are situated lands in the counties of __________, in the State of South Carolina, have and do hereby certify the tax authorized by said chapter, which tax and the lands and other property against which the same are levied in your county are described in the following table, in which table are: first, the names of the owners of such land as they appeared in the decree of the court organizing said district; second, a brief description of the lands and other property opposite the names of the owners; and third, the amount of taxes levied on each tract of land or piece of property. (Here insert such table.) Said tax shall be payable in annual installments. The amount of each installment as well as the amount of the maintenance tax will be determined and certified to the county treasurer of your county not later than the first day of October of each year. The aforesaid tax and such maintenance taxes as may be levied from time to time are hereby declared a lien, to which only the lien of the State for general State, county, school and road taxes shall be paramount upon all land herein and heretofore described. Witness the signature of the president of said board of supervisors, attested by the seal of said district and the signature of the secretary of said board this ___ day of __________, A.D. 19_
, President. [Seal.] Attest: , Secretary.
HISTORY: 1962 Code Section 18-557; 1952 Code Section 18-557; 1942 Code Section 6178; 1932 Code Section 6178; Civ. C. '22 Section 3232; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1770. Drainage Tax Record filed in clerk's office.

The certificate and tables specified in Section 49-19-1760 shall be prepared in a well-bound book and filed in the office of each of the clerks of the court of common pleas of the counties having lands in the district where they shall become a permanent record of the office. The book shall be prepared by the secretary of the board of supervisors at the expense of the drainage district, shall be designated as the Drainage Tax Record and each clerk shall receive a fee of one dollar for filing the book and preserving it.
HISTORY: 1962 Code Section 18-558; 1952 Code Section 18-558; 1942 Code Section 6178; 1932 Code Section 6178; Civ. C. '22 Section 3232; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1780. Drainage Tax Book as prima facie evidence.

The Drainage Tax Book of the district, as returned by the county treasurer to the secretary of the board of supervisors of the drainage district, shall be prima facie evidence in all courts of all matters therein contained.
HISTORY: 1962 Code Section 18-559; 1952 Code Section 18-559; 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 49-19-1790. Enforcement of lien.

The liens established and declared in Section 49-19-1750 shall be enforced by an action in chancery on delinquent tax statements made and certified by the county treasurer which shall be instituted in the court of common pleas without regard to the amount of the claim within twelve months after the date such tax becomes delinquent. The suit shall be brought in the corporate name of the district by its attorney against the land or property on which such drainage tax has not been paid. The suit shall be brought in the county in which the property is situated, except when the tract or property sued upon be in more than one county in which event the suit may be brought on the whole tract in any county in which any portion thereof may be situated. The pleadings, process, proceedings, practice and sales in cases arising under this chapter shall, except as herein provided, be the same as in an action for the enforcement of other liens or mortgages upon real estate.
HISTORY: 1962 Code Section 18-560; 1952 Code Section 18-560; 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 49-19-1800. Sufficiency of allegations in suit to enforce lien.

In such suits it shall be sufficient to allege generally and briefly the organization of the district and the levy and nonpayment of the taxes, setting forth the descriptions of the lands proceeded against and the amount chargeable to each tract.
HISTORY: 1962 Code Section 18-561; 1952 Code Section 18-561; 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 49-19-1810. Inclusion of all delinquent lands in suit to enforce lien.

All or any part of such delinquent lands situate in one county may be included in one suit, instituted for the county for the collection of such delinquent taxes.
HISTORY: 1962 Code Section 18-562; 1952 Code Section 18-562; 1942 Code Section 6179; 1932 Code Section 6179; Civ. C. '22 Section 3233; 1920 (21) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-1820. Notice of suit to enforce lien.

Notice of the pendency of such suit shall be given by publication once each week for four successive weeks before judgment is entered for the sale of such lands in some newspaper published in the county in which such suits may be pending. Such notice may be in the following form:
NOTICE
In the Court of Common Pleas, __________ County, South Carolina. _______________, Plaintiff. vs. _______________, Defendants.
Notice is hereby given to all persons having or claiming any interest in the lands hereinafter mentioned that suit is pending in the court of common pleas of __________ County, South Carolina, to enforce the collection of certain drainage taxes on such lands situated in __________ drainage district in said county, the name or names of the owners, so far as known, having been set opposite the lands owned by them, together with the amounts severally due from each, to wit: (Here follows a list of owners, so far as can be ascertained, with a descriptive list of the delinquent lands and amounts due thereon respectively.)
Any and all persons and corporations interested in said lands or any part thereof are hereby notified that they are required by law to appear within twenty days after this notice has been published four weeks and make defense to such suit or the same will be taken for confessed and final judgment and decree will be entered directing the sale of all or any part of such lands for the purpose of collecting such taxes, together with the payment of interest, penalty and costs allowed by law, including a reasonable attorney's fee.
First publication _______ 19__, _______, Clerk of the Court of Common Pleas, _______ County, South Carolina.
HISTORY: 1962 Code Section 18-563; 1952 Code Section 18-563; 1942 Code Section 6179; 1932 Code Section 6179; Civ. C. '22 Section 3233; 1920 (31) 663.