reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1390. Bond interest, maturity, and redemption.

Turnpike bonds shall bear interest, payable on occasions prescribed by the State Fiscal Accountability Authority, at a rate not exceeding the maximum prescribed by Section 11-9-350. Each issue of turnpike bonds shall mature on the occasion prescribed by the State Fiscal Accountability Authority, not exceeding forty years from the date the bonds bear. Turnpike bonds may, in the discretion of the State Fiscal Accountability Authority, be made subject to redemption at par and accrued interest, plus such redemption premium as it approves and on occasions and under conditions it prescribes. Turnpike bonds are not redeemable before maturity unless they contain a statement to that effect.
HISTORY: 1962 Code Section 33-220.11; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.
Editor's Note
Section 11-9-350, which prescribed the rate of interest on obligations of the State or subdivisions, was repealed by 1989 Act No. 122, Section 1, effective May 31, 1989. Comparable provisions appear in Section 11-9-360.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1400. Sale of bonds; expenses incident to sale.

Turnpike bonds must be sold at private or public sale under conditions prescribed by the State Fiscal Accountability Authority. For the purpose of bringing about successful sales of the bonds, the State Fiscal Accountability Authority may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sales of the bonds must be paid from the proceeds of the sale of the bonds.
HISTORY: 1962 Code Section 33-220.10; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 210, Part II, Section 84C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1410. Execution of bonds; authentication.

All turnpike bonds must be executed in the name of and on behalf of the State of South Carolina and must be signed by the Governor and the State Treasurer. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and they must be attested by the Secretary of State. If approved by the State Fiscal Accountability Authority, any one or two of the officers may, in lieu of manually signing, employ the use of the facsimile of their signatures in executing any turnpike bonds.
HISTORY: 1962 Code Section 33-220.1; 1972 (57) 3013; 1974 (58) 2292; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1420. Application of bond proceeds.

The proceeds derived from the sale of turnpike bonds must be applied only to the purposes for which bonds are issued.
HISTORY: 1962 Code Section 33-220.8; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1430. Denominations.

Turnpike bonds must each be in the denomination of one thousand dollars or some multiple thereof.
HISTORY: 1962 Code Section 33-220.9; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1440. Form of bonds; to whom payable.

Turnpike bonds issued pursuant to this article may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered in his name on the books of the State Treasurer as to principal only, or as to both principal and interest, and the principal or both principal and interest, as the case may be, thus made payable to the registered holder, subject to conditions the State Fiscal Accountability Authority prescribes. Turnpike bonds so registered as to principal in the name of the holder may thereafter be registered as payable to bearer and made payable accordingly.
Turnpike bonds may also be issued as fully registered bonds with both principal and interest made payable only to the registered holder. The fully registered bonds are subject to transfer under conditions the State Fiscal Accountability Authority prescribes. The fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this section.
HISTORY: 1962 Code Section 33-220.13; 1972 (57) 3013; 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84C.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1450. Resolution to issue bonds; terms and conditions.

(A) The State Fiscal Accountability Authority, by resolution duly adopted, may make provision for the issuance of turnpike bonds. In the resolution, the State Fiscal Accountability Authority may prescribe:
(1) the amount, denomination, and numbering of turnpike bonds to be issued;
(2) the date as of which they must be issued;
(3) the maturity schedule for the retirement of the turnpike bonds;
(4) the form or forms of the bonds of the particular issue;
(5) the redemption provisions, if any, applicable to the bonds;
(6) the maximum rate or rates of interest the bonds shall bear;
(7) the specific purposes for which the bonds must be issued;
(8) the purposes for which the proceeds of the bonds must be expended, in the discretion of the State Fiscal Accountability Authority, a portion of the proceeds may be used as capitalized interest during the period of construction and initial operation and for the creation of appropriate debt service reserves;
(9) the method and conditions by which turnpike revenues from the turnpike facility so financed must be collected and utilized;
(10) the extent to which and the conditions under which additional parity bonds may be issued;
(11) any covenant considered necessary protecting the turnpike facility so financed from possible future competition from other highways or comparable facilities;
(12) the method by which the bonds must be sold and such other matters as may be considered necessary in order to effect the sale, issuance, and delivery of the bonds.
(B) Except as otherwise provided in this article, all expenses incurred in carrying out the provisions of this article are payable solely from funds provided under the authority of this article or from any funds provided by the federal government or from other special sources and no liability or obligation may be incurred by the department beyond the extent to which money has been provided under the provisions of this article.
(C) The resolution shall set forth further a finding on the part of the State Fiscal Accountability Authority that the estimate of turnpike facility revenues made by the commission and approved by the State Fiscal Accountability Authority indicates that collection from turnpike revenues for applicable fiscal years is not less than that required for annual debt service requirements of the requested turnpike bonds.
HISTORY: 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84D; 1993 Act No. 181, Sections 1518, 1519; 1996 Act No. 458, Part II, Section 92E.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1460. Power and duty of Governor and State Treasurer upon receipt of bond resolution.

If following presentation of a certified copy of the bond resolution it appears to the satisfaction of the Governor and the State Treasurer that the estimated collection from the sources of revenue in applicable future fiscal years are not less than that required for annual debt service requirements for the requested turnpike bonds, the Governor and State Treasurer may effect the delivery of bonds in accordance with the bond resolution.
HISTORY: 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84D.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1470. Exemption of bonds from taxation.

All turnpike bonds issued under this article, and the interest thereon, are exempt from all state, county, municipal, school district, and other taxes or assessment, direct or indirect, general or special, imposed by the State of South Carolina, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, or transfer taxes. Each turnpike facility constitutes a portion of the state highway system and as such is not subject to ad valorem or other forms of taxation by the State or any of its political subdivisions.
HISTORY: 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84D.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1480. Lawful for fiduciaries and sinking fund commissions to invest in turnpike bonds.

It is lawful for all executors, administrators, guardians, and other fiduciaries and all sinking fund commissions, including the State Fiscal Accountability Authority and Public Employee Benefit Authority in their capacities as cotrustees of the funds of the South Carolina Retirement System and as manager and administrator of other state sinking funds, to invest any monies in their hands in turnpike bonds.
HISTORY: 1980 Act No. 449; 1985 Act No. 201, Part II, Section 84D.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1490. Penalty for failure to pay toll.

Any person who uses any turnpike project and fails or refuses to pay the toll provided therefor shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days, and in addition thereto the Department shall have a lien upon the vehicle driven by such person for the amount of such toll and may take and retain possession thereof.
HISTORY: 1980 act No. 449.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1610. Reserves provided for highway construction contracts.

Except with the approval of the State Fiscal Accountability Authority, the Department of Transportation shall not let any highway construction contracts unless reserves for such contracts shall have been provided for out of either (a) current balances in the state highway fund, (b) federal aid obligated for such contracts or (c) estimated revenue balances accruing during the period in which payments are to become due on such contracts; it being the intention of the General Assembly by the enactment of the section that the department shall not let any highway construction contracts which are contingent upon additional tax revenue legislation or upon receipt of the proceeds of anticipated bond sales for the payment of such contracts, unless the amount of highway construction contracts proposed to be let shall receive the approval of the State Fiscal Accountability Authority.
HISTORY: 1962 Code Section 33-221; 1952 Code Section 33-221; 1951 (47) 457; 1960 (51) 1711; 1965 (54) 270; 1972 (57) 2380; 1993 Act No. 181, Section 1520.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1620. Advertisement and award of certain construction contracts; emergency construction, repairs, or purchases.

Awards by the department of construction contracts for ten thousand dollars and more shall be made only after the work to be awarded has been advertised for at least two weeks in one or more daily newspapers in this State, but where circumstances warrant, the department may advertise for longer periods of time and in other publication media. Awards of contracts, if made, shall be made in each case to the lowest qualified bidder whose bid shall have been formally submitted in accordance with the requirements of the department. However, in cases of emergencies, as may be determined by the Secretary of the Department of Transportation, the department, without formalities of advertising, may employ contractors and others to perform construction or repair work or furnish materials and supplies for such construction and repair work, but all such cases of this kind shall be reported in detail and made public at the next succeeding meeting of the commission.
HISTORY: 1962 Code Section 33-222; 1952 Code Section 33-222; 1951 (47) 457; 1956 (49) 1752; 1959 (51) 63; 1993 Act No. 181, Section 1521.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1625. Award of highway construction contracts using design-build procedure.

(A) The department may award highway construction contracts using a design-build procedure. A design-build contract means an agreement that provides for the design, right-of-way acquisition, and construction of a project by a single entity. The design-build contract may also provide for the maintenance, operation, or financing of the project. The agreement may be in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the department.
(B) Selection criteria shall include the cost of the project and may include contractor qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria.
HISTORY: 2005 Act No. 176, Section 13, eff June 14, 2005; Reenacted nunc pro tunc by 2006 Act No. 283, Section 1, eff May 23, 2006.
Editor's Note
2006 Act No. 283, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies nunc pro tunc retroactively to June 14, 2005, the original effective date of Section 57-5-1625 of the 1976 Code."
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1630. Extension of construction contracts to include additional work.

No construction contract may be extended to include work not contemplated in the original award, except within the limitations imposed by the contract. Where in the judgment of the Secretary of the Department of Transportation it is in the public's interest and prices advantageous to the department are obtained, the department may extend contracts to include additional work. In every case, the commission must ratify the contract extension at the next succeeding commission meeting. Advertisement in the case of extensions of contracts under this section shall consist of detailed reports of the transactions made public at open meetings of the commission.
HISTORY: 1962 Code Section 33-222.1; 1959 (51) 63; 1976 Act No. 462; 1984 Act No. 443, Section 2; 1984; 1986 Act No. 383, Section 2; 1993 Act No. 181, Section 1522; 2023 Act No. 2 (S.361), Section 1, eff March 20, 2023.
Effect of Amendment
2023 Act No. 2, Section 1, rewrote the section, providing that the commission is not required to provide preapproval of construction contract extensions and that it must ratify extensions at the next commission meeting.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1640. Contracts with railroad companies and property owners or lessees for constructing crossings and moving structures.

The Department may, without formalities of advertising, enter into lawful and appropriate agreements and contracts with railroad companies for the construction, reconstruction, or modifications of railroad-highway grade separation crossings or track or other property rearrangement and with other persons, similarly jointly interested in particular items as property owners or lessees, for moving, clearing, rearranging or relocating public utilities, buildings and other structures.
HISTORY: 1962 Code Section 33-222.2; 1952 Code Section 33-222; 1951 (47) 457; 1956 (49) 1752; 1959 (51) 63.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1650. Regulations as to qualifications of contractors permitted to bid on work.

The Department may establish such reasonable regulations as the Department may deem appropriate with respect to the qualifications of contractors allowed to bid on work of the Department. Such regulations may fix eligibility requirements for bidders according to available capital and with due regard to experience and records of past performance. But in no case shall the eligibility rating of any bidder be influenced by nationality or place of residence. No regulations with respect to the qualifications of bidders shall become effective until at least thirty days after such regulations shall have been formally adopted and published.
HISTORY: 1962 Code Section 33-223; 1952 Code Section 33-223; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1670. Compensation of contractors for losses caused by injunctions.

The Department may determine losses sustained by contractors engaged on State highway projects incident to the suspension of work on such project by a court injunction order and may compensate such contractors for the amounts of the losses so determined. But this authority shall be limited to the payment of actual and unavoidable losses, not to include anticipated profits. Should any contractor be dissatisfied with the determination of his losses by the Department, such contractor may bring suit against the Department in the court of common pleas for the determination of the reasonableness of the amount of the award for such losses.
HISTORY: 1962 Code Section 33-227; 1952 Code Section 33-227; 1951 (47) 457.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 5 - State Highway System › Section 57-5-1700. Certain sections shall not affect dealings with other government agencies.

Nothing in Sections 57-5-1620 to 57-5-1640, 57-5-1680 and 57-5-1690 shall affect the dealings of the Department with the Federal Government, the State government or any political subdivisions thereof or any agency or department of any of them.
HISTORY: 1962 Code Section 33-227.3; 1956 (49) 1752.
Editor's Note
Sections 57-5-1680 and 57-5-1690, which dealt with purchases of materials, were repealed by 1981 Act No. 148, Section 14, effective July 30, 1981. Comparable provisions appear in the South Carolina Consolidated Procurement Code at Title 11, Chapter 35.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-10. Negligent, willful, or wanton damage to highways.

Any person who shall negligently, wilfully or wantonly damage a highway, highway facility, highway structure or trees or shrubs on a highway shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days. Any such person shall also be liable to the proper highway authorities in charge for the cost of such injury or damage in a civil action.
HISTORY: 1962 Code Section 33-451; 1952 Code Section 33-451; 1949 (46) 466.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-20. Putting foreign substances on highways.

(A) No person may place, throw, or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance or object likely to injure any person, animal, or vehicle upon the highway. Any person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall remove it immediately or cause it to be removed. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle. A violation of any of the provisions of this section is punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.
(B) If any person knowingly, with malicious intent, violates subsection (A), he must be punished by a fine of not less than two hundred nor more than one thousand dollars or imprisoned for not less than ten nor more than sixty days.
(C) If any person knowingly, with malicious intent, violates the provisions of subsection (B) and causes personal injury, upon conviction, he must be punished by a fine of not less than five hundred nor more than two thousand dollars or imprisoned for not less than one nor more than three years, or both.
(D) If any person knowingly, with malicious intent, violates the provisions of subsection (C) and a death results, upon conviction, he must be punished as provided in Section 16-3-20.
HISTORY: 1962 Code Section 33-452; 1952 Code Section 33-452; 1949 (46) 466; 1988 Act No. 300.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-30. Use of chains on motor vehicles.

It shall be unlawful to operate motor vehicles with chains upon or around the wheels contrary to such regulations for the use of chains as may be adopted and promulgated by the Department. A violation of this section shall be punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.
HISTORY: 1962 Code Section 33-453; 1952 Code Section 33-453; 1949 (46) 466.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-40. Injuring milepost or milestone.

Any person who shall cut down, burn or deface any milepost or milestone erected by the governing body or county supervisor of any county shall, upon conviction thereof, forfeit and pay the sum of ten dollars, to be recovered by indictment or information before any court of competent jurisdiction.
HISTORY: 1962 Code Section 33-454; 1952 Code Section 33-454; 1942 Code Section 1611; 1932 Code Section 1611; Cr. C. '22 Section 575; Cr. C. '12 Section 621; Cr. C. '02 Section 446; G. S. 1065; R. S. 357; 1871 (15) 666.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-50. Cutting trenches or laying pipes or tracks in state highways or bridges; permit.

It shall be unlawful for any person to cut trenches or lay pipes or tracks through, under, over or on any State highway or bridge without first obtaining a permit from the State Highway Engineer. A violation of this section shall be punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.
HISTORY: 1962 Code Section 33-455; 1952 Code Section 33-455; 1949 (46) 466.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-60. Excavating in highways not in state highway system; permit.

Any person desiring to make any excavation for any purpose in or across any road outside any incorporated city or town, not in the State highway system, shall make and file with the county supervisor an application in writing for permission to make such excavation. Such application shall state fully the nature, purpose, extent and depth of the proposed excavation and shall contain such further information as may be required by the supervisor. Before such permission shall be granted the applicant shall execute and deposit in the office of the supervisor a good and sufficient bond of indemnity, or cash, in such sum as may be required to repair the road and restore it to as good condition as to foundation and surface as it was before being excavated. When such excavation is to be made by a solvent public utility, such bond may be executed by the utility without additional surety.
HISTORY: 1962 Code Section 33-456; 1952 Code Section 33-456; 1942 Code Section 5853-1; 1941 (42) 274.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-70. Permit not required for municipality owning waterworks or sewerage outside limits.

If any city or incorporated town owns its own waterworks or sewerage, which extends beyond the city or town limits, the city or town may in any particular case, after giving written notice to the county supervisor of its desire so to do and receiving the consent of the supervisor, proceed with the work without compliance with the requirements of Section 57-7-60, and in any such case such city or town shall be responsible to the county for the repair of the road, it being optional with the city or town to bring itself within the provisions of this section with the consent of the supervisor.
HISTORY: 1962 Code Section 33-457; 1952 Code Section 33-457; 1942 (42) 1602.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-80. Use of vehicles or loads that drag on road.

It shall be unlawful to operate upon any of the public highways of this State any two-wheeled timber carts with tongue or small wheel attached thereto which comes in contact with the road, and it shall also be unlawful to operate any vehicle over any such highway for the purpose of carrying timber or other loads by which timber or any other character of load is allowed to strike or drag the surface of the road. But this provision does not apply to four-wheeled lumber carts when the load is so suspended as not to come in contact with the road. A violation of this section shall be punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.
HISTORY: 1962 Code Section 33-463; 1952 Code Section 33-463; 1949 (46) 466.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-90. Unlawful to camp within right-of-way of a highway; penalty.

(A) For purposes of this section, the term "camp" means camping for more than forty-eight hours.
(B) It is unlawful for any person to camp, set fires, or cook within the right of way of a highway open to vehicular traffic. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days or such other lesser disposition, penalty, or nonpenalty, as the court determines.
HISTORY: 2012 Act No. 224, Section 3, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-210. Obstructions in highways.

(A) For the purposes of this section, "highway" includes the entire area within a highway right of way, including the shoulders and parking areas.
(B) It is unlawful for any person wilfully to obstruct ditches and drainage openings along any highway, to place obstructions upon any such highway, or to throw or place on any such highway any objects likely to cut or otherwise injure vehicles using them.
(C) A violation of this section shall be punishable by a fine of not more than one hundred dollars per day, imprisonment for not more than thirty days, or both.
HISTORY: 1962 Code Section 33-491; 1952 Code Section 33-491; 1949 (46) 466; 2021 Act No. 89 (S.40), Section 3, eff May 24, 2021.
Effect of Amendment
2021 Act No. 89, Section 3, rewrote the section.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-220. Removal of obstructions in highways.

Any time during the year when any public highway shall be obstructed, any overseer of the district in which it may be shall forthwith cause such obstruction to be removed.
HISTORY: 1962 Code Section 33-493; 1952 Code Section 33-493; 1942 Code Section 5828; 1932 Code Section 5828; Civ. C. '22 Section 2921; Civ. C. '12 Section 1946; 1902 (23) 1007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-230. Speed-control devices in certain areas not deemed obstructions.

(1) Municipalities or counties may, upon roads and streets in residential areas or school zones, construct and maintain speed-control devices as they deem necessary upon the basis of an investigation of the area. Such devices shall consist of a mound, rib or hump with sloping sides, extending across a road or street, and not exceeding six inches in height above the street or road surface. Provided, however, the speed limit in any such area shall be posted at twenty-five miles per hour or less and signs shall be erected warning of the existence of the devices.
(2) Speed-control devices, when constructed and posted according to this section, shall not be deemed obstructions of the road or street, and no action may be brought on behalf of any party against a municipality or county for damages occasioned thereby.
HISTORY: 1962 Code Section 33-494; 1969 (56) 635.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-240. Obstruction of roads by railroad cars and other obstacles.

If any person shall obstruct unnecessarily any street, public road or highway by permitting any railroad car or locomotive to be or remain upon or across any street, public road or highway for a longer period than five minutes, after notice to remove such car or locomotive has been given to the conductor, engineer, agent or other person in charge of such car or locomotive or shall permit any timber, wood or other obstruction to remain upon or across any such street, road or highway to the hindrance or inconvenience of travelers or any person passing along or upon such street, road or highway, such person so offending shall forfeit and pay for every such offense a sum not exceeding twenty nor less than five dollars and shall be liable for all damages arising to any highway, to be recovered by an action at the suit of the county in which such offense shall have been committed or any person suing for the same, before any magistrate within the county in which such offense shall have been committed or by indictment in the court of general sessions or suit in the court of common pleas. All fines so accruing under the provisions of this section, when collected, shall be paid over by the magistrate to the county treasurer for the district in which such offense was committed. Every twenty-four hours such person, after being notified, shall suffer such obstruction to remain, to the hindrance or inconvenience of travelers or any person going along or upon such road or highway, shall be deemed an additional offense against the provisions of this section.
HISTORY: 1962 Code Section 33-495; 1952 Code Section 33-495; 1942 Code Section 5829; 1932 Code Section 5829; Civ. C. '22 Section 2922; Civ. C. '12 Section 1947; Civ. C. '02 Section 1375; 1896 (22) 234; 1902 (23) 1007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-250. Obstruction of drainage or emptying water in road by railroads.

It shall be unlawful for any railroad company to obstruct, by its roadbed or otherwise, the drainage of any public road or highway, or to empty the water from its ditches into any public road or highway, to the injury of such highway. If any railroad company, being warned by the overseer of the proper district by leaving a written notice with any agent or informing any station agent of the railroad company personally, shall refuse or neglect to remedy any such obstruction to the satisfaction of the overseer, it shall forfeit and pay a sum not exceeding fifty nor less than twenty dollars, to be recovered by an action at the suit of the county before any magistrate. And every ten days such railroad company, after being notified, shall neglect or refuse to remedy such offense shall be deemed an additional offense against the provisions of this chapter. Any money so collected shall be paid by the magistrate collecting it to the county treasurer, and the money so paid over shall become a part of the county road fund.
HISTORY: 1962 Code Section 33-496; 1952 Code Section 33-496; 1942 Code Section 5831; 1932 Code Section 5831; Civ. C. '22 Section 2924; Civ. C. '12 Section 1949; 1902 (23) 1008.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 7 - Obstruction Or Damage To Roads Or Drainage › Section 57-7-260. Liability of corporations for obstructions by their agents.

Every railroad company or other corporation, the servant, agent or employee of which shall, in any manner, obstruct any street, public road or highway, shall be liable to pay any fine which may be assessed against such servant, agent or employee for so obstructing such street, public road or highway. Such liability may be enforced by execution against such railroad company or other corporation on the judgment rendered against such servant, agent or employee for so obstructing such street, public road or highway.
HISTORY: 1962 Code Section 33-497; 1952 Code Section 33-497; 1942 Code Section 5830; 1932 Code Section 5830; Civ. C. '22 Section 2923; Civ. C '12 Section 1948; 1902 (23) 1008.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 9 - Abandonment Or Closing Of Streets, Roads Or Highways › Section 57-9-10. Petition to abandon or close street, road, or highway; notice.

Any interested person, the State or any of its political subdivisions or agencies may petition a court of competent jurisdiction to abandon or close any street, road or highway whether opened or not. Prior to filing the petition, notice of intention to file shall be published once a week for three consecutive weeks in a newspaper published in the county where such street, road or highway is situated. Notice also shall be sent by mail requiring a return receipt to the last known address of all abutting property owners whose property would be affected by any such change, and posted by the petitioning party along the street, road, or highway, subject to approval of the location of the posting by the governmental entity responsible for maintenance of the street, road, or highway. The Department of Transportation shall promulgate regulations which once effective will establish the minimum mandatory size, language, and specific positioning of signs pursuant to this section.
HISTORY: 1962 Code Section 33-521; 1962 (52) 2183; 2012 Act No. 184, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 9 - Abandonment Or Closing Of Streets, Roads Or Highways › Section 57-9-20. Court shall make determination.

If the court shall determine that it is to be the best interest of all concerned that such street, road or highway be abandoned or closed, the court shall then determine in whom the title thereto shall be vested and issue an appropriate order.
HISTORY: 1962 Code Section 33-522; 1962 (52) 2183.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 9 - Abandonment Or Closing Of Streets, Roads Or Highways › Section 57-9-30. Recording of court order.

The clerk of court or register of deeds of the county where the property is situated shall record the order of the court and index the same in the book of deeds to real property.
HISTORY: 1962 Code Section 33-523; 1962 (52) 2183.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 9 - Abandonment Or Closing Of Streets, Roads Or Highways › Section 57-9-40. Cumulative effect of chapter.

This chapter shall not be construed to repeal any other provision of law but shall be cumulative thereto.
HISTORY: 1962 Code Section 33-524; 1962 (52) 2183.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-10. "Accident claims" and "gasoline user fee" defined.

As used in this article:
(1) "Accident claims" means all claims against the department as provided for by law, except contractual claims;
(2) "Gasoline user fee" includes taxes for the privilege of selling, consigning, using, shipping, or distributing gasoline or any substitutes or combination of them, usable in internal combustion engines for the generation of power.
HISTORY: 1962 Code Section 33-281; 1952 Code Section 33-281; 1951 (47) 457; 1992 Act No. 501, Part II Section 41B.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-80. Department to adopt budget in accordance with Chapters 9 and 11 of Title 11.

The department shall adopt a budget in accordance with the provisions of Chapters 9 and 11 of Title 11.
HISTORY: 1962 Code Section 33-292; 1952 Code Section 33-292; 1951 (47) 457; 1992 Act No. 501, Part II Section 41B.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-210. Definitions.

The terms defined herein shall have the meanings hereinafter set forth:
(1) "Fiscal year" means the fiscal year upon which the affairs of the State of South Carolina are then being conducted. As of the date of this enactment it is that which begins on July first and ends on June thirtieth of the succeeding calendar year.
(2) "Fuel oil user fee" means the user fee levied pursuant to Chapter 28, Title 12.
(3) "Gasoline user fee" means the per gallon user fee imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 28 of Title 12.
(4) "Commission" means that agency of government now composed in accordance with the provisions of Article 3 of Chapter 1, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the commission pursuant to the provisions of Chapter 1, Title 57.
(5) "Highway transportation purposes" means the construction of roads and bridges now or hereafter made a part of the state highway system, or the reconstruction and improvement of highways and bridges now or hereafter made a part of the state highway system and to provide state funds to obtain matching federal highway funds.
(6) "Motor vehicle license tax" means the annual tax imposed upon a corporation, an individual, and an owner of a motor and other vehicle pursuant to the provisions of Title 56 and Title 57.
(7) "Road tax" means the road tax imposed on motor carriers pursuant to Chapter 11, Title 56.
(8) "Sources of revenue" means the gasoline user fee, the fuel oil user fee, the road tax, and the motor vehicle license tax.
(9) "Authority" means the State Fiscal Accountability Authority of South Carolina.
(10) "State highway bonds" means all general obligation bonds of the State of South Carolina designated as state highway bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.
HISTORY: 1962 Code Section 33-271; 1972 (57) 3088; 1973 (58) 36; 1977 Act No. 141 Section 13; 1979 Act No. 197 Section 12; 1993 Act No. 181, Section 1524.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-220. Request by commission for issuance of state highway bonds; requirements.

Whenever it shall become necessary that monies be raised for highway transportation purposes, or construction and equipment of headquarters administrative facilities, including monies to be used to refund any state highway bonds then outstanding, the commission may make a request to the State Fiscal Accountability Authority for the issuance of state highway bonds pursuant to this article. Such request may be in the form of a resolution adopted at any regular or special meeting of the commission. Such request shall set forth on the face thereof or by schedules attached thereto:
(1) the amount then required for highway transportation purposes;
(2) a tentative time schedule setting forth the period of time during which the sum requested will be expended;
(3) a debt service table showing the annual principal and interest requirements for all state highway bonds then outstanding;
(4) the amount of revenues derived from each of the sources of revenue during the preceding fiscal year; and
(5) the amount as estimated by the commission which will be derived from the sources of revenue during the then current and the next ensuing fiscal years during which it is expected that the state highway bonds then sought to be issued will be outstanding, but in estimating the amount to be derived from the sources of revenue the commission shall not assume that the revenues for the then current fiscal year or any future fiscal year will be more than five percent in excess of the actual sums derived from the sources of revenue in the preceding fiscal year, nor that in the sixth or subsequent years there will be any increase over the estimated revenues for the fifth fiscal year following the last completed fiscal year.
HISTORY: 1962 Code Section 33-272; 1972 (57) 3088; 1973 (58) 36; 1974 (58) 2273; 1993 Act No. 181, Section 15; 1995 Act No. 33, Section 4.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-235. Issuance of highway bonds.

Following the receipt of any request pursuant to Section 57-11-220, the State Fiscal Accountability Authority or the Department of Administration, as applicable, shall review the same and to the extent that it shall approve such request, it shall be empowered, by resolution duly adopted, to effect the issuance of state highway bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
HISTORY: 1995 Act No. 33, Section 5.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-240. Limitation on maximum annual debt service; authority to issue state highway bonds.

The maximum annual debt service on general obligation bonds issued or outstanding as state highway bonds shall not exceed the debt service limits established in Article X, Section 13 of the South Carolina Constitution. Within such limitations, state highway bonds may be issued for state highway transportation purposes or to refund state highway bonds from time to time under the conditions prescribed by this article.
HISTORY: 1962 Code Section 33-274; 1972 (57) 3088; 1974 (58) 2273; 1975 (59) 312; 1993 Act No. 181, Section 1524; 1995 Act No. 33, Section 6.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-250. Pledge for payment of bonds.

For the payment of the principal of and interest on all state highway bonds (whether now outstanding or hereafter issued), as the same shall come due, there shall be pledged the full faith, credit, and taxing power of the State of South Carolina and, in addition thereto, all of the monies derived from all sources of revenue which may be forthwith used by the State Treasurer, without further action of the commission, for the payment of the principal and interest of state highway bonds, as the same respectively mature.
HISTORY: 1962 Code Section 33-275; 1972 (57) 3088; 1993 Act No. 181, Section 1524.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-270. Revision of taxes included in sources of revenue.

The pledge of monies derived from the sources of revenue shall not preclude the General Assembly from revising the quantum of any tax included in the sources of revenue except that, so long as any state highway bonds shall be outstanding, the sources of revenue shall be not less than the amount needed to fund the general operations budget of the department and debt service requirements for annual principal and interest payments on state highway bonds.
HISTORY: 1962 Code Section 33-277; 1972 (57) 3088; 1973 (58) 36; 1993 Act No. 181, Section 1524.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-280. Bond resolution.

The commission is authorized to request the State Fiscal Accountability Authority to issue state highway bonds. In order to effect the issuance of bonds pursuant to this article, the State Fiscal Accountability Authority may adopt a resolution providing for the issuance of state highway bonds, upon written request by the commission, and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver state highway bonds in accordance with the terms and conditions of such resolution. Such resolution shall set forth the:
(1) the amount, denomination, and numbering of state highway bonds to be issued;
(2) the date as of which the same shall be issued;
(3) the maturity schedule for the retirement of such state highway bonds;
(4) the redemption provisions, if any, applicable to such bonds;
(5) the maximum rate or rates of interest the bonds shall bear;
(6) the purposes for which the bonds are to be issued;
(7) the occasion on which bids shall be received for the sale of such bonds;
(8) the form of advertisement of sale;
(9) the form of the bonds of the particular issue; and
(10) such other matters as may be deemed necessary in order to effect the sale, issuance, and delivery thereof.
Such resolution shall further set forth a finding on the part of the State Fiscal Accountability Authority that the actual receipts, for the preceding fiscal year, from the sources of revenue equaled or exceeded the maximum annual debt service requirements for all state highway bonds then outstanding and state highway bonds then proposed to be issued.
HISTORY: 1962 Code Section 33-278; 1972 (57) 3088; 1973 (58) 36; 1993 Act No. 181, Section 1524.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-290. Issuance of bonds by Governor and State Treasurer.

Following receipt of a certified copy of the resolution of the state board the Governor and State Treasurer shall issue state highway bonds in accordance with the provisions of the resolution of the State Fiscal Accountability Authority.
HISTORY: 1962 Code Section 33-279; 1972 (57) 3088; 1993 Act No. 181, Section 1524.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-300. Form of bonds; time, place, and medium of payment.

State highway bonds shall be issued in such form, in such denominations, and with such provisions as to time, place, or places and medium of payment as may be determined by the State Fiscal Accountability Authority, subject to the provisions of this article.
HISTORY: 1962 Code Section 33-280; 1972 (57) 3088; 1993 Act No. 181, Section 1524.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 11 - Financial Matters › Section 57-11-320. State highway bonds to be issued as fully registered bonds; transfer.

State highway bonds shall be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds shall be subject to transfer under such conditions as the State Fiscal Accountability Authority shall prescribe.
HISTORY: 1962 Code Section 33-280.2; 1972 (57) 3088; 1993 Act No. 181, Section 1524.