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 49-19-50. Designation of subdrainage districts.

If any drainage district or districts organized or established under the provisions of this chapter shall be within the boundaries of a district or districts theretofore established under any law of this State the district or districts last organized and established shall be designated as subdrainage districts.
HISTORY: 1962 Code Section 18-405; 1952 Code Section 18-405; 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 49-19-60. Bonds required by chapter.

The surety required on any bond required to be given by this chapter may be a surety or bonding company approved by the board of supervisors and the bond shall be made payable to the district by its corporate name, in which name all suits shall be instituted and prosecuted. All penalties herein named shall be payable to and recoverable by the district. All bonds required by this chapter shall cover defaults of deputies, clerks or assistants of the officers appointing them.
HISTORY: 1962 Code Section 18-406; 1952 Code Section 18-406; 1942 Code Section 6188; 1932 Code Section 6188; Civ. C. '22 Section 3242; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-70. Abatement of actions; revival.

No action under the provisions of this chapter shall abate by reason of the death or disability of any party to any proceeding but upon suggestion of such death or disability the cause shall be immediately revived in the name of the heirs, devisees or legal representatives of such party and summons shall be served on such heirs, devisees or legal representatives at least five days before the day set for hearing the cause. If the heirs, devisees or legal representatives of the deceased party are nonresidents notice by publication shall be given them in the manner and for the time provided for in Sections 49-19-250 and 49-19-260 and the cause shall then proceed in all respects as in the case of the original parties being in court. This section shall not be construed to limit the notice provided for in Sections 49-19-250 and 49-19-260 to nonresidents.
HISTORY: 1962 Code Section 18-407; 1952 Code Section 18-407; 1942 Code Section 6189; 1932 Code Section 6189; Civ. C. '22 Section 3243; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-80. Appeal shall not act as supersedeas.

No appeal from any action of the circuit court had under this chapter shall be permitted to act as a supersedeas or to delay any action or the prosecution of any work begun under the provisions of this chapter.
HISTORY: 1962 Code Section 18-408; 1952 Code Section 18-408; 1942 Code Section 6190; 1932 Code Section 6190; Civ. C. '22 Section 3244; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-90. Obstruction of or injury to drainage works.

Whoever shall wilfully obstruct any canal, drain, ditch or watercourse or shall damage or destroy any drainage works constructed under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars or be confined in the county jail for a period not exceeding six months and in addition thereto shall be liable to the district or the person or persons injured for double the cost of removing such obstruction or repairing such damage and for the full amount of injury occasioned to any lands, crops or other property by reason of such misconduct.
HISTORY: 1962 Code Section 18-409; 1952 Code Section 18-409; 1942 Code Section 6207; 1932 Code Section 6207; Civ. C. '22 Section 3261; Cr. C. '22 Section 118; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-100. Drainage districts may be used for insuring watershed conservation.

Drainage districts created by authority of this chapter may be used as the agencies within this State for insuring watershed conservation within the districts. In addition to the general powers of the board of supervisors of the drainage district, as set out in Section 49-19-1440, boards of supervisors of drainage districts shall, under the same provisions of law, authorize the development and execution of plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, erosion prevention and control of erosion, floodwater and sediment damages, and also make provision for constructing such works and improvements as they believe necessary to insure the conservation and storage of water within the districts.
HISTORY: 1962 Code Section 18-410; 1960 (51) 1570.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-110. Drainage districts may enter into agreements with other agencies.

Drainage districts providing for the storage, conservation, utilization and disposal of water by authority of Section 49-19-100 may cooperate and enter into agreements with, and receive financial and other assistance from State agencies and political subdivisions of the State, including soil and water conservation districts as authorized by Chapter 9 of Title 48, and other organizations created under State laws, and the government of the United States and agencies thereof to carry out the purposes of Section 49-19-100, and may enter into agreements with and accept contributions from private landowners for the purposes of Section 49-19-100. Any action taken by the drainage districts regarding the storage, conservation, utilization and disposal of water within the districts shall be subject to the approval of the local soil and water conservation district.
HISTORY: 1962 Code Section 18-411; 1960 (51) 1570.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-210. Persons by whom and for what purpose districts may be formed.

The State Department of Administration or a majority, either in numbers or in acreage, of the holders of any contiguous body of swamp, wet or overflowed lands or lands subject to overflow, situate in one or more counties in this State, may form a drainage district for the purpose of having such lands reclaimed and protected from the effects of water, for sanitary or agricultural purposes or when the same may be conducive to the public health, convenience or welfare or of public utility or benefit, by drainage or otherwise.
HISTORY: 1962 Code Section 18-421; 1952 Code Section 18-421; 1942 Code Section 6157; 1932 Code Section 6157; Civ. C. '22 Section 3211; 1920 (31) 663; 1932 (37) 1253.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-220. Petition for formation.

For that purpose the Department of Administration or a majority of the owners or the owners of a majority of the acreage of such lands may make and sign a petition in which shall be stated:
(1) The name of the proposed drainage district;
(2) The number of years the district is to continue;
(3) The boundaries of the proposed district;
(4) The names so far as known and the last post-office addresses of the owners of lands in the district together with the approximate number of acres owned by each and if the name or post-office address of the owner of any of such lands is unknown to the petitioners that fact shall be set out in the petition; and
(5) That the owners of the lands within the district whose names are subscribed to the petition are willing to and do obligate and bind the lands owned by them situated in the proposed drainage district to pay the tax or taxes which may be assessed against their respective lands to pay the expense of organizing and of making and maintaining the improvements that may be necessary to effect the reclamation of such lands so formed into a drainage district and to drain and protect them from the effects of water;
And the petition shall contain a prayer asking that the lands described therein be declared a drainage district under the provisions of this chapter. The petition may be signed by the Board or by a majority of the owners or the owners of a majority of the acreage of the lands or by both the Board and such owners of lands. After the petition has been so signed it shall be filed in the office of the clerk of the court of common pleas of the county in which such lands or the greater part thereof are situate.
HISTORY: 1962 Code Section 18-422; 1952 Code Section 18-422; 1942 Code Section 6157; 1932 Code Section 6157; Civ. C. '22 Section 3211; 1920 (31) 663; 1932 (37) 1253.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-230. Necessity of election.

No drainage district shall be formed, no levy of assessments had and no bonds issued under the provisions of this chapter until an election thereon has been had under the direction of the commissioners of election in the county in which the drainage district is proposed to be formed, taxes levied or bonds issued, after giving at least twenty-one days' public notice of such election, fully stating the territory to be embraced in the district to be formed and the additional amount of taxes to be levied or the amount of bonds to be issued and also giving the names of the managers to hold such election and the place of such election. No district shall be formed, no taxes assessed and levied and no bonds issued unless a majority of the freeholders within the district owning a majority of the land to be embraced in the district vote in favor of the forming of the district and the assessment and levy of taxes or the issuance of bonds.
HISTORY: 1962 Code Section 18-423; 1952 Code Section 18-423; 1942 Code Section 6157; 1932 Code Section 6157; Civ. C. '22 Section 3211; 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 49-19-240. Approvals or consents prerequisite to formation or consolidation.

No drainage district shall be established or consolidated under any provisions of this chapter until there shall have been first obtained the written approval or consent of a majority of the owners or the owners of a majority in acreage of the lands within the district, such written approval or consent to be evidenced by the signing of the petition or otherwise.
HISTORY: 1962 Code Section 18-424; 1952 Code Section 18-424; 1942 Code Section 6159; 1932 Code Section 6159; Civ. C. '22 Section 3213; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-250. Notice of filing of petition.

Immediately after such petition shall have been filed, the clerk in whose office it has been filed shall give notice by causing publication to be made once a week for four consecutive weeks in some newspaper published in each county in which the lands referred to in the petition are situate, the last publication to be not less than twenty days before the appearance day fixed in the notice.
HISTORY: 1962 Code Section 18-425; 1952 Code Section 18-425; 1942 Code Section 6158; 1932 Code Section 6158; Civ. C. '22 Section 3212; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-260. Form of notice.

The notice shall be substantially in the following form which shall be deemed sufficient for all purposes of this chapter:
Notice of Application to Form a Drainage District. -Notice is hereby given to all persons interested in the following described lands in __________ County, South Carolina, viz.: (here describe the property as set out in the petition), that a petition asking that the foregoing lands be formed into a drainage district under Chapter 19 of Title 49 of the Code of Laws of South Carolina has been filed in this office and that the foregoing lands will be affected by the formation of such drainage district and rendered liable to assessment for the purpose of paying the expenses of organization and making and maintaining the improvements that may be necessary to effect the reclamation of the lands included in such district and you and each of you are hereby notified to appear on the ___ day of __________ at the office of the clerk of the court of common pleas of __________ County and show cause, if any there be, why such drainage district as set forth in such petition shall not be organized as a public corporation of the State of South Carolina.
Date of first publication __________, 19___, clerk of the court of common pleas of __________ County, South Carolina.
HISTORY: 1962 Code Section 18-426; 1952 Code Section 18-426; 1942 Code Section 6158; 1932 Code Section 6158; Civ. C. '22 Section 3212; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-270. Evidence of publication of notice.

The certificate of the clerk or the affidavit of another, with a copy of such notice affixed, showing that the notice has been published as required by this chapter, shall be sufficient evidence of such fact.
HISTORY: 1962 Code Section 18-427; 1952 Code Section 18-427; 1942 Code Section 6158; 1932 Code Section 6158; Civ. C. '22 Section 3212; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-280. Jurisdiction of court.

The court of common pleas of the county in which any such petition has been filed shall thereafter maintain and have original and exclusive jurisdiction, coextensive with the boundaries and limits of the proposed district, without regard to county lines, for all purposes of this chapter.
HISTORY: 1962 Code Section 18-428; 1952 Code Section 18-428; 1942 Code Section 6158; 1932 Code Section 6158; Civ. C. '22 Section 3212; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-290. Hearing of objections.

Any owner of lands in the proposed district who may not have signed the petition may appear on or before the appearance day stated in the notice and advocate or resist the organization and incorporation of such drainage district. If he shall desire to resist the establishment of the district he shall file his objection in writing, stating therein his reasons why the drainage district should not be formed or why his lands should not be included therein or he may deny the statements in the petition. Such objections, if any there be, shall be heard by the court either in open court or at chambers within or without the county or counties in which the lands lie in a summary manner without unnecessary delay on a day to be named by the court or judge thereof upon application of the petitioners or any of those signing the petition. The hearing may be adjourned from time to time for good cause shown.
HISTORY: 1962 Code Section 18-429; 1952 Code Section 18-429; 1942 Code Section 6159; 1932 Code Section 6159; Civ. C. '22 Section 3213; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-300. Decision of court on hearing.

Upon the hearing of the objections, if any have been filed, if the court shall be of the opinion that the establishment of the drainage district and the improvements to be made thereunder will be for the advantage of the owners of the real property therein or that it would be in the interest of the public health, convenience or welfare, he shall overrule the objections and, in case all such objections are overruled or in case no such objections have been filed, the court thereupon shall by its order duly entered of record declare and decree the proposed drainage district a public corporation of this State for a term not exceeding the time mentioned in the petition. If the court finds that the lands set out in the petition should not be incorporated into a drainage district it shall dismiss the proceedings and adjudge the costs against the petitioners in proportion to the acreage represented by each.
HISTORY: 1962 Code Section 18-430; 1952 Code Section 18-430; 1942 Code Section 6159; 1932 Code Section 6159; Civ. C. '22 Section 3213; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-310. Right of individual petitioner to dismissal; amendment of petition.

No person who signed the petition shall have the right to have such proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed the petition. The petition may be amended as any other pleading.
HISTORY: 1962 Code Section 18-431; 1952 Code Section 18-431; 1942 Code Section 6159; 1932 Code Section 6159; Civ. C. '22 Section 3213; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-320. Transmittal and filing of order establishing district.

Immediately after the district has been declared a corporation by the court the clerk thereof shall transmit to the Secretary of State a certified copy of the findings and decree of the court incorporating the district and such copy shall be filed in the office of the Secretary of State. A copy of such findings and decree together with a plat of the district showing the outside boundary lines shall also be filed in the office of the clerk of the court of common pleas in each of the counties having land in the district, where such copy shall become a permanent record, and each such clerk shall receive a fee of one dollar for filing and preserving it.
HISTORY: 1962 Code Section 18-432; 1952 Code Section 18-432; 1942 Code Section 6159; 1932 Code Section 6159; Civ. C. '22 Section 3213; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-510. Calling meeting to elect board of supervisors.

Within twenty days after any drainage district shall have been organized and incorporated under the provisions of Article 3 of this chapter the clerk of the court in which the petition has been filed shall, upon giving notice by causing publication thereof to be made once a week for two consecutive weeks in some newspaper published in each county in which lands of the district are situate, the last insertion to be not less than ten nor more than fifteen days before the day of such meeting, call a meeting of the owners of the lands situate in the district at a day and hour specified at some public place in the county in which the district was organized for the purpose of electing a board of three supervisors, to be composed of owners of lands in the district, two of whom at least shall be residents of the county or counties in which such district is situate or some adjoining county.
HISTORY: 1962 Code Section 18-441; 1952 Code Section 18-441; 1942 Code Section 6160; 1932 Code Section 6160; Civ. C. '22 Section 3214; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-520. Conduct of meeting to elect supervisors.

The landowners when assembled shall organize by the election of a chairman and a secretary of the meeting who shall conduct the election. At such election each and every acre of land in the district shall represent one share and each owner shall be entitled to one vote in person or by proxy in writing duly signed for every acre of land owned by him in such district. The three persons receiving the highest number of votes shall be declared elected as supervisors. The landowners shall at such election determine the length of the terms of each supervisor so elected by them, which shall be, respectively, one, two and three years, and they shall serve until their successors shall have been elected and qualified. The State Department of Administration at any such meeting may represent the State and shall have the right to vote for supervisors or upon any matter that may come properly before the meeting to the extent of the acreage owned by the State in such district. Such vote may be cast by any person designated by the Board. At such meeting guardians may represent their wards, executors and administrators may represent estates of deceased persons and private corporations may be represented by their officers or duly authorized agents.
HISTORY: 1962 Code Section 18-442; 1952 Code Section 18-442; 1942 Code Section 6160; 1932 Code Section 6160; Civ. C. '22 Section 3214; 1920 (31) 663.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-530. Quorum at meeting to elect supervisors; procedure if quorum is not present.

The owners of a majority of the acreage included in the district shall be necessary to constitute a quorum for the purpose of holding such election or any election thereafter and in case the owners of a majority of the acreage included in such district are not present in person or duly represented at the time and place stated in the notice calling such meeting then no election shall be held and notice of such failure shall be given in writing by any person interested to the State Director of the Department of Administration which shall, as soon as practicable, appoint three competent persons who own land in such district as such supervisors for the term of one, two and three years, respectively, and to hold their office until their successors are elected or appointed and qualified.
HISTORY: 1962 Code Section 18-443; 1952 Code Section 18-443; 1942 Code Section 6160; 1932 Code Section 6160; Civ. C. '22 Section 3214; 1920 (31) 663.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-540. Removal or vacancy in office of appointed supervisor.

Any such supervisor so appointed by the State Director of the Department of Administration may be removed by the Director of the Department of Administration for dishonesty, incompetency or failure to perform the duties imposed upon him by this chapter and any vacancies which may occur in any such office so filled by appointment shall be filled by the Director of the Department of Administration as soon as practicable.
HISTORY: 1962 Code Section 18-444; 1952 Code Section 18-444; 1942 Code Section 6160; 1932 Code Section 6160; Civ. C. '22 Section 3214; 1920 (31) 663.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-550. Annual elections of supervisors.

Every year in the same month after the time for the election of the first board of supervisors they shall call a meeting of the landowners in the district in the same manner as is provided for in Section 49-19-510 and the owners of land in such district shall meet at the stated time and place and elect one supervisor therefor or, in case of their failure so to elect, the Director of the Department of Administration shall appoint such supervisor, in like manner as prescribed in Section 49-19-530, who shall hold his office for three years or until his successor is elected and qualified.
HISTORY: 1962 Code Section 18-445; 1952 Code Section 18-445; 1942 Code Section 6161; 1932 Code Section 6161; Civ. C. '22 Section 3215; 1920 (31) 663.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-560. Vacancy in office of elected supervisors.

In case of a vacancy in an office of supervisor elected by the landowners the remaining supervisors or, if they fail to act within thirty days, the State Director of the Department of Administration may fill such vacancy until the next annual meeting when a successor shall be elected for the unexpired term.
HISTORY: 1962 Code Section 18-446; 1952 Code Section 18-446; 1942 Code Section 6161; 1932 Code Section 6161; Civ. C. '22 Section 3215; 1920 (31) 663.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-570. Oath of supervisors.

Each supervisor before entering upon his official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths that he will honestly, faithfully and impartially perform the duties devolving upon him in office as supervisor of the drainage district in which he was elected or appointed and that he will not neglect any of the duties imposed upon him by this chapter.
HISTORY: 1962 Code Section 18-447; 1952 Code Section 18-447; 1942 Code Section 6162; 1932 Code Section 6162; Civ. C. '22 Section 3216; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-580. Organization of board of supervisors; secretary; seal; records.

The board of supervisors immediately after their election or appointment shall meet at some convenient place and choose one of their number president of the board and elect some suitable person secretary, who may or may not be a member of the board and who may be required to execute bond for the faithful performance of his duties as the board of supervisors may require. The board may adopt a seal with a suitable device and shall keep a record of all its proceedings in a substantially bound book to be kept for the purpose, which shall be open to inspection by any interested person, his agent or attorney.
HISTORY: 1962 Code Section 18-448; 1952 Code Section 18-448; 1942 Code Section 6163; 1932 Code Section 6163; Civ. C. '22 Section 3217; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-590. Annual report of supervisors.

The board of supervisors shall report to the landowners at the annual meeting held under the provisions of Section 49-19-550 what work has been done, either by engineers or otherwise.
HISTORY: 1962 Code Section 18-449; 1952 Code Section 18-449; 1942 Code Section 6163; 1932 Code Section 6163; Civ. C. '22 Section 3217; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-600. Compensation and expenses of supervisors.

The members of the board shall receive their actual expenses incurred in attending the meetings of the board and for attending any business for and in behalf of the district. Any such expense account shall be audited by the board before payment but the board shall receive no compensation for their services unless the landowners at the annual meeting shall determine to pay a compensation which in no event shall exceed five dollars per day for the time actually engaged in work for the district and five cents per mile for mileage not to exceed one hundred miles actually traveled. Mileage, if allowed, shall in no case exceed one hundred miles and shall be in lieu of all other expenses in attending sessions of the board; provided, however, that if the secretary be a member of the board he shall be entitled to compensation as provided in Section 49-19-730.
HISTORY: 1962 Code Section 18-450; 1952 Code Section 18-450; 1942 Code Section 6163; 1932 Code Section 6163; Civ. C. '22 Section 3217; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-610. Appointment of chief engineer; assistants.

Within thirty days after organizing, the board of supervisors shall appoint a chief engineer, who may be an individual, copartnership or corporation and who shall engage such assistants as the board of supervisors may approve.
HISTORY: 1962 Code Section 18-451; 1952 Code Section 18-451; 1942 Code Section 6164; 1932 Code Section 6164; Civ. C. '22 Section 3218; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-620. Bond of chief engineer.

Such chief engineer shall enter into a bond with good surety, in a sum to be named by the board, conditioned that he will faithfully and honestly perform all the duties required of him by the supervisors and deliver to his successor all instruments, papers, maps, documents and other things that may have come into his hands by virtue of his employment. The bond and the surety thereon shall be approved by the board.
HISTORY: 1962 Code Section 18-452; 1952 Code Section 18-452; 1942 Code Section 6164; 1932 Code Section 6164; Civ. C. '22 Section 3218; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-630. Duties and powers of chief engineer.

The chief engineer shall have control of the engineering work in the district and he may, whenever he deems it necessary, confer with the Chief Engineer of this State or the State Department of Administration and he may, by and with the consent of the board of supervisors, consult any eminent engineer or engineers and obtain his or their opinion and advice concerning the reclamation of lands in the district.
HISTORY: 1962 Code Section 18-453; 1952 Code Section 18-453; 1942 Code Section 6164; 1932 Code Section 6164; Civ. C. '22 Section 3218; 1920 (31) 663.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-640. Annual report of chief engineer.

The chief engineer shall make a report in writing to the board of supervisors once every twelve months and oftener if the board shall so require.
HISTORY: 1962 Code Section 18-454; 1952 Code Section 18-454; 1942 Code Section 6165; 1932 Code Section 6165; Civ. C. '22 Section 3219; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-650. District treasurer; appointment, duties, and compensation.

The board of supervisors in any drainage district shall select and appoint some competent person as treasurer of such district who shall receive and receipt for all the drainage taxes collected by the county treasurer or treasurers and shall also receive and receipt for the proceeds of all tax sales made under the provisions of this chapter. The district treasurer shall receive such compensation as may be fixed by the board of supervisors.
HISTORY: 1962 Code Section 18-455; 1952 Code Section 18-455; 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 49-19-660. Bond of district treasurer.

The district treasurer shall give bond in such amount as shall be fixed by the board of supervisors, conditioned that he will well and truly account for and pay out, as provided by law, all moneys received by him as taxes from the county treasurer or treasurers and the proceeds from tax sales for delinquent taxes and from any other source whatever for the account of the district. Such bond shall be signed by at least two sureties or by some surety or bonding company approved and accepted by the board of supervisors and such bond shall be in addition to the bond for the proceeds of sales of bonds required in Section 49-19-2150. The bond shall be placed and remain in the custody of the president of the board of supervisors and shall be kept separate from all papers in the custody of the secretary or district treasurer.
HISTORY: 1962 Code Section 18-456; 1952 Code Section 18-456; 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 49-19-670. Attorney for district.

The board of supervisors within thirty days after organizing shall employ an attorney to act for the district and to advise the board. Such employment shall be evidenced by an agreement in writing which, as far as possible, shall specify the amount to be paid to the attorney for all services and expenses. Such attorneys shall conduct all legal proceedings and suits in court when the district is a party or interested and shall in all legal matters advise the board of supervisors and all officers, employees or agents of the district and board and generally look after and attend to all matters of a legal nature for the board and district. When the board may deem it necessary they may, by and with the advice of their attorney and under the like terms and conditions as above set forth employ another attorney or attorneys.
HISTORY: 1962 Code Section 18-457; 1952 Code Section 18-457; 1942 Code Section 6183; 1932 Code Section 6183; Civ. C. '22 Section 3237; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-680. Overseers for maintenance.

For the purpose of preserving any ditch, drain, dyke, levee or other work constructed or erected under the provisions of this chapter the board of supervisors may appoint an overseer or overseers of the district who shall hold their positions at the will of the board. Such overseer or overseers shall keep the canals, ditches, drains, levees, dykes and other works of the district in good repair, remove all obstructions from canals, ditches, drains or watercourses within or without the district that may affect the works of the district and perform such other duties as may be prescribed by the supervisors.
HISTORY: 1962 Code Section 18-458; 1952 Code Section 18-458; 1942 Code Section 6195; 1932 Code Section 6195; Civ. C. '22 Section 3249; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-690. Officers and employees subject to removal.

The board of supervisors may at any time remove any officer, attorney, chief engineer or other employee appointed or employed by the board.
HISTORY: 1962 Code Section 18-459; 1952 Code Section 18-459; 1942 Code Section 6202; 1932 Code Section 6202; Civ. C. '22 Section 3256; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-700. Offices; supplies.

The board of supervisors shall furnish the secretary and the district treasurer with necessary office room, furniture, stationery, maps, plats, typewriter and postage.
HISTORY: 1962 Code Section 18-460; 1952 Code Section 18-460; 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 49-19-710. Deputy secretary or treasurer.

The secretary and the district treasurer, or either of them, may appoint, by and with the advice and consent of the board of supervisors, one or more deputies as may be necessary.
HISTORY: 1962 Code Section 18-461; 1952 Code Section 18-461; 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 49-19-720. Records of board of supervisors.

The board of supervisors of any district organized under this chapter shall cause to be kept a well-bound book entitled "Record of Board of Supervisors of __________ District" in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees and any and all corporate acts. Such record shall at all times be open to the inspection of anyone interested, whether taxpayer or bondholder.
HISTORY: 1962 Code Section 18-462; 1952 Code Section 18-462; 1942 Code Section 6184; 1932 Code Section 6184; Civ. C. '22 Section 3238; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-730. Compensation of district officers and employees and county and court officers.

The board of supervisors, except when otherwise provided, shall by resolution at the time of hiring or appointing provide for the compensation for work done and necessary expense incurred by any officer, engineer, attorney or other employee and shall also pay the fees, per diem and necessary expenses of all court and county officers who may by virtue of this chapter render service to the district. The ordinary fee statute shall not apply to services rendered under this chapter by any county officer but each such officer shall receive only a reasonable compensation for services actually rendered, which shall be fixed by the court in which the proceeding is pending, except when otherwise provided in this chapter. The drainage district or petitioners for such corporations may prepare, write or print all copies of petitions, writs, orders and decrees or other papers and furnish them to the clerk or other officer for his use and in such event the officer shall be entitled to receive as compensation for issuing such writs and copies of petitions, decrees, orders or other papers only the reasonable value of the services actually rendered.
HISTORY: 1962 Code Section 18-463; 1952 Code Section 18-463; 1942 Code Section 6192; 1932 Code Section 6192; Civ. C. '22 Section 3246; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-910. Survey and report of engineers.

The chief engineer and the other engineers shall make all necessary surveys of the land within the boundary lines of the district as described in the petition and of all lands adjacent thereto that will be improved or reclaimed in part or in whole by any system of drainage that may be outlined and adopted. And the engineers shall make a report in writing to the board of supervisors, with maps and profiles of the surveys, which shall contain a full and complete plan for draining and reclaiming the lands described in the petition or adjacent thereto from overflow or damage by water, with the length, width and depth of such canals, ditches, dykes or levees or other works that may be necessary in conjunction with any canals, drains, ditches, dykes, levees or other works theretofore constructed or built by any other person or that may be in process of construction that may be necessary or which can be advantageously used in such plan for reclamation and also an estimate of the costs of carrying out and completing the plan of reclamation, including the cost of superintending the same and all incidental expenses in connection therewith. Such maps and profiles shall also indicate so far as necessary the physical characteristics of the lands and the location of any public roads, railroads and other rights of way, roadways and other property or improvements located on such lands.
HISTORY: 1962 Code Section 18-471; 1952 Code Section 18-471; 1942 Code Section 6164; 1932 Code Section 6164; Civ. C. '22 Section 3218; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-920. Action on engineer's report.

Upon receipt of the final report of the engineer concerning the surveys made of the lands contained in the district organized and the lands adjacent thereto and plans for reclaiming such lands the board of supervisors shall adopt such report or any modification thereof approved by the chief engineer, after consulting with him or someone representing him, and thereafter such adopted report shall be the plan for draining or reclaiming such lands from overflow or damage by waters and it shall, after such adoption, be known and designated as the "Plan of Reclamation." The plan shall be filed with the secretary of the board of supervisors and by him copied into the records of the district.
HISTORY: 1962 Code Section 18-472; 1952 Code Section 18-472; 1942 Code Section 6165; 1932 Code Section 6165; Civ. C. '22 Section 3219; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-930. Appointment of appraisal commissioners; quorum.

Within twenty days after the adoption of the Plan of Reclamation, the secretary of the board of supervisors shall prepare and transmit a certified copy thereof to the clerk of the court of common pleas organizing the drainage district and at such time the board of supervisors shall file with the clerk a petition asking the judge of the court to appoint three commissioners to appraise the lands within and without the district to be acquired for rights of way, holding basins and other drainage works of the district and to assess benefits and damages accruing to all lands in the district by reason of the execution of the Plan of Reclamation. Immediately after the filing of such petition the judge of the court, either in open court or at chambers within or without the county or counties in which the lands of the district lie shall, by an order, appoint three commissioners, who shall be freeholders residing within this State and who shall not be landowners in the district, nor of kin within the fourth degree of consanguinity to any person owning land in the district. A majority of the commissioners shall constitute a quorum and shall control the action of the board on all questions.
HISTORY: 1962 Code Section 18-473; 1952 Code Section 18-473; 1942 Code Section 6167; 1932 Code Section 6167; Civ. C. '22 Section 3221; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-940. First meeting of appraisal commissioners.

The clerk, upon the filing of such order of appointment, shall notify each of the commissioners of his appointment by written or printed notice and in such notice he shall state the time and place for the first meeting of the commissioners. The secretary of the board of supervisors or his deputy shall attend such meeting and shall furnish to the commissioners a complete list of the lands covered by the petition or adjacent thereto that will be affected by carrying out and putting into effect the Plan of Reclamation and the names of the owners of such lands as shown in the petition and the decree of the court incorporating the district. The secretary shall also furnish to the commissioners a copy of the Plan of Reclamation with the maps and profiles in his office.
HISTORY: 1962 Code Section 18-474; 1952 Code Section 18-474; 1942 Code Section 6168; 1932 Code Section 6168; Civ. C. '22 Section 3222; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-950. Oath and organization of appraisal commissioners.

The commissioners at such meeting, or within ten days thereafter, shall each take and subscribe an oath that they will impartially discharge their duties as such commissioners and make a true report of the work done by them. The commissioners shall also at such meeting elect one of their own number as chairman. The secretary of the board of supervisors or his deputy shall be ex officio secretary of the board of commissioners during their continuance in office.
HISTORY: 1962 Code Section 18-475; 1952 Code Section 18-475; 1942 Code Section 6168; 1932 Code Section 6168; Civ. C. '22 Section 3222; 1920 (31) 663.