reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-810. Appointment of drainage commissioners; vacancies.

After any such drainage district shall have been declared established, as aforesaid, and the survey and plan thereof approved, the clerk of the court shall appoint three persons who shall be designated as the board of drainage commissioners. Such drainage commissioners shall first be elected by the owners of the land within the drainage or levee district or by a majority of them in such manner as the clerk shall prescribe. The clerk shall appoint those receiving a majority of the votes. If any one or more of such proposed commissioners shall not receive the vote of the majority of such landowners the clerk shall appoint all of the remainder from among those voted for in the election in the order of those receiving the greatest number of votes. Any vacancy thereafter occurring shall be filled in like manner.
HISTORY: 1962 Code Section 18-251; 1952 Code Section 18-251; 1942 Code Section 6114; 1932 Code Section 6114; Civ. C. '22 Section 3168; Civ. C. '12 Section 2214; 1911 (27) 92; 1914 (28) 455; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-820. Commissioners as a body corporate; name and powers.

Such three drainage commissioners, when so appointed, shall be immediately created a body corporate under the name and style of "The Board of Drainage Commissioners of ___ District," with the right to hold and convey property and to sue and be sued, and shall possess such other powers as usually pertain to corporations and as are herein granted. The name of such drainage district, whether designated by number or otherwise, shall constitute a part of its corporate name, for illustration: "The Board of Drainage Commissioners of __________ (No. ___ or a name) District."
HISTORY: 1962 Code Section 18-252; 1952 Code Section 18-252; 1942 Code Section 6114; 1932 Code Section 6114; Civ. C. '22 Section 3168; Civ. C. '12 Section 2214; 1911 (27) 92; 1914 (28) 455; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-830. Officers; seal.

The commissioners shall organize by electing from among their number a chairman and a vice-chairman. They shall also elect a secretary, either within or without their body. The treasurer of the county in which the proceedings were instituted shall be ex officio treasurer of such drainage commissioners. The board shall adopt a seal, which they may alter at pleasure.
HISTORY: 1962 Code Section 18-253; 1952 Code Section 18-253; 1942 Code Section 6114; 1932 Code Section 6114; Civ. C. '22 Section 3168; Civ. C. '12 Section 2214; 1911 (27) 92; 1914 (28) 455; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-840. Superintendent of construction.

The board of drainage commissioners shall appoint a competent person as superintendent of construction. Such person shall furnish a bond, to be approved by the commissioners, in the penal sum of ten thousand dollars, conditioned upon the honest and faithful performance of his duties, such bond to be in favor of the board of drainage commissioners.
HISTORY: 1962 Code Section 18-254; 1952 Code Section 18-254; 1942 Code Section 6115; 1932 Code Section 6115; Civ. C. '22 Section 3169; Civ. C. '12 Section 2215; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-850. Removal of engineer and others for cause.

Any engineer, viewer, superintendent of construction or other person appointed under this chapter may be removed by the clerk of the court, upon petition, for corruption, neglect of duty or other good and satisfactory cause shown.
HISTORY: 1962 Code Section 18-255; 1952 Code Section 18-255; 1942 Code Section 6136; 1932 Code Section 6136; Civ. C. '22 Section 3190; Civ. C. '12 Section 2236; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-860. Compensation of commissioners.

The drainage commissioners shall receive as compensation for their work a per diem for the days that they work.
HISTORY: 1962 Code Section 18-256; 1952 Code Section 18-256; 1942 Code Section 6114; 1932 Code Section 6114; Civ. C. '22 Section 3168; Civ. C. '12 Section 2214; 1911 (27) 92; 1914 (28) 455; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-870. Fees of county officers.

Inasmuch as under the provisions of this chapter much additional work is thrown on the county officials, they may collect from the board of drainage commissioners such reasonable fees as are usual in such cases, such fees to be included in the general costs of the work.
HISTORY: 1962 Code Section 18-257; 1952 Code Section 18-257; 1942 Code Section 6135; 1932 Code Section 6135; Civ. C. '22 Section 3189; Civ. C. '12 Section 2235; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-880. Compensation, fees, and expenses generally.

Any engineer employed under the provisions of this chapter shall receive such compensation per diem for his services as shall be fixed and determined by the clerk of the court and the viewers, other than the engineer. The viewers shall also receive a per diem. The rodmen, axmen, chainmen and all other laborers shall receive such compensation as shall be fixed by the board of viewers. All other fees and costs incurred under the provisions of this chapter shall be the same as provided by law for like services in other cases. If the proposed district is finally established such costs and expenses shall be paid by order of the clerk of the court, out of the drainage fund, and the board of drainage commissioners shall issue warrants therefor when funds shall be in the hands of the treasurer; provided, that if the petition is dismissed at the cost of the petitioners such costs and expenses shall be paid by the petitioners or out of the bond, as set forth in Sections 49-17-280 and 49-17-640; and provided, further, that if a loan is procured on the bond as set forth in Section 49-17-260 it shall be repaid in like manner.
HISTORY: 1962 Code Section 18-258; 1952 Code Section 18-258; 1942 Code Section 6131; 1932 Code Section 6131; Civ. C. '22 Section 3185; Civ. C. '12 Section 2231; 1911 (27) 92; 1920 (31) 1089.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1010. Notice of letting contract for improvement.

The board of drainage commissioners shall cause notice to be given for two consecutive weeks in some newspaper published in the county wherein such improvement is located, if such there be, and publication for the same length of time in at least one engineering or contracting journal of wide circulation of the time and place of letting the work of construction of such improvement. In such notice they shall specify the approximate amount of work to be done and the time fixed for the completion thereof.
HISTORY: 1962 Code Section 18-271; 1952 Code Section 18-271; 1942 Code Section 6116; 1932 Code Section 6116; Civ. C. '22 Section 3170; Civ. C. '12 Section 2216; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1020. Letting contract; rejection of bids.

On the date appointed for the letting the board together with the superintendent of construction shall convene and let to the lowest responsible bidder, either as a whole or in sections as they may deem most advantageous for the district, the proposed work. No bid shall be entertained that exceeds the estimated cost unless for good and satisfactory reasons it shall be shown that the original estimate was erroneous. The board may reject all bids and advertise the work again if in their judgment the interest of the district will be served by doing so.
HISTORY: 1962 Code Section 18-272; 1952 Code Section 18-272; 1942 Code Section 6116; 1932 Code Section 6116; Civ. C. '22 Section 3170; Civ. C. '12 Section 2216; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1030. Contract and bond of successful bidder.

The successful bidder shall be required to enter into a contract with the board of drainage commissioners and to execute a bond for the faithful performance of such contract, with sufficient sureties, in favor of the board of drainage commissioners for the use and benefit of the levee or drainage district in an amount equal to twenty-five per cent of the estimated cost of the work awarded to him and any person furnishing labor or material to such contractor or subcontractor or furnishing board or lodging to the employees of such contractor or subcontractor in the construction of such work and failing to receive compensation therefor shall have a right of action on such bond for the amount found due him.
HISTORY: 1962 Code Section 18-273; 1952 Code Section 18-273; 1942 Code Section 6116; 1932 Code Section 6116; Civ. C. '22 Section 3170; Civ. C. '12 Section 2216; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1040. Entry on lands by contractor; removal of bridges, fences, or timber.

In the construction of the work the contractor may enter upon the lands necessary for this purpose and may remove private or public bridges or fences and cross private lands in going to or from the work. In case the right of way of the improvement is through timber the owner thereof may remove it, if he so desires, before the work of construction begins and in case it is not removed by the landowner it may be removed by the contractor.
HISTORY: 1962 Code Section 18-274; 1952 Code Section 18-274; 1942 Code Section 6119; 1932 Code Section 6119; Civ. C. '22 Section 3173; Civ. C. '12 Section 2219; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1050. Land needed but not affected may be condemned.

If it is necessary to acquire a right-of-way or an outlet over and through lands not affected by the drainage and the right-of-way or outlet is not acquired by purchase, the action to secure the condemnation of any right-of-way which is necessary for the proper drainage of any drainage district or any part of it and to fix the compensation is governed by the Eminent Domain Procedure Act (Chapter 2 of Title 28).
HISTORY: 1962 Code Section 18-275; 1952 Code Section 18-275; 1942 Code Section 6102; 1932 Code Section 6102; Civ. C. '22 Section 3156; Civ. C. '12 Section 2202; 1911 (27) 92; 1987 Act No. 173, Section 28.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1060. Costs and assessments when highways are affected.

If no exceptions are filed or if it is shown upon the hearing of all of the exceptions that the estimated cost of construction of improvements contemplated in the Plan of Reclamation is less than the benefits assessed against the lands in the district, the court shall approve and confirm the commissioners' report. If the court, upon hearing the objections filed, finds that any or all the objections must be sustained it shall order the report changed to conform with the findings and when so changed the court shall approve and confirm the report and enter its decree accordingly. The court shall adjudge and apportion the costs incurred by the exceptions filed and there must be condemned any land or other property, within or without the boundary lines of the district, that is shown by the report of the commissioners to be needed for rights-of-way, holding basins, or other works or that may be needed for material to be used in constructing the works, following the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28).
HISTORY: 1962 Code Section 18-276; 1952 Code Section 18-276; 1942 Code Section 6120; 1932 Code Section 6120; Civ. C. '22 Section 3174; Civ. C. '12 Section 2220; 1911 (27) 92; 1920 (31) 1089; 1987 Act No. 173, Section 29.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1070. Plans for time and manner of crossing railroad right of way.

After the contract is let and the actual construction is commenced, if the work is being done with a floating dredge the superintendent in charge of construction shall notify any railroad company the right of way of which is to be crossed by the work of the probable time at which the contractor will be ready to enter upon the right of way of the road and construct the work thereon. The railroad shall send a representative to view the ground with the superintendent of construction and arrange the exact time at which such work can be most conveniently done.
HISTORY: 1962 Code Section 18-277; 1952 Code Section 18-277; 1942 Code Section 6123; 1932 Code Section 6123; Civ. C. '22 Section 3177; Civ. C. '12 Section 2223; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1080. Work of crossing railroad right of way.

At the time agreed upon, the railroad company shall remove its rails, ties, stringers and other such obstructions, if such removal should be necessary, to permit the expeditious execution of the work across its right of way. The work shall be so planned and conducted as to interfere in the least possible manner with the business of the railroad. In case the railroad company refuses and fails to make the aforenamed provision for the execution of the work on its right of way it shall be held as delaying the construction of the improvement and shall be liable to a penalty of twenty-five dollars per day for each day of delay, to be collected by the board of drainage commissioners for the benefit of the drainage district, as in the case of other penalties. Such a penalty may be collected in any court having jurisdiction and shall inure to the benefit of the drainage district.
HISTORY: 1962 Code Section 18-278; 1952 Code Section 18-278; 1942 Code Section 6123; 1932 Code Section 6123; Civ. C. '22 Section 3177; Civ. C. '12 Section 2223; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1090. Bill of expenses of railroad company.

Within thirty days after the work is completed an itemized bill for the actual expenses incurred by the railroad company for opening its tracks shall be made and presented to the superintendent of construction of the drainage improvement. Such bill, however, shall not include the cost of putting in a new bridge or strengthening or enlarging an old one. The superintendent of construction shall audit this bill and, if found correct, approve it and file it with the secretary of the board of drainage commissioners. The commissioners shall deduct from this bill the cost of the excavation or other work done by the drainage commission on the right of way of the railroad company at the contract price and pay the difference, if any, to the railroad company.
HISTORY: 1962 Code Section 18-279; 1952 Code Section 18-279; 1942 Code Section 6123; 1932 Code Section 6123; Civ. C. '22 Section 3177; Civ. C. '12 Section 2223; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1100. Outlet for lateral drains.

The owner of any land that has been assessed for the cost of the construction of any ditch, drain or watercourse, as herein provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from such land and if such land is separated from the ditch, drain or watercourse by the land of another or others and the owner thereof shall be unable to agree with such other or others as to the terms and conditions on which he may enter their lands and construct such drain or ditch he may file his auxiliary petition in such pending proceeding to the court and the procedure shall be as now provided by law. When the ditch is constructed it shall become a part of the drainage system and shall be under the control of the board of drainage commissioners and be kept in repair by them as herein provided.
HISTORY: 1962 Code Section 18-280; 1952 Code Section 18-280; 1942 Code Section 6125; 1932 Code Section 6125; Civ. C. '22 Section 3179; Civ. C. '12 Section 2225; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1110. Joining with border state in work.

Whenever it may be desirable to construct, widen, deepen, straighten or change any ditch, drain, watercourse or levee lying on, along, across or near the State line between this State and any adjoining state or whenever it may be desirable to construct, repair or improve any work of drainage as provided for in this chapter which cannot be constructed, repaired or improved in the best manner without affecting land in any such adjoining state the board of drainage commissioners in the county in which such work is located may join with the proper officers of such adjacent counties of any other state in the construction, widening, deepening, straightening, repairing or improving of any such drain, ditch, watercourse or other work of drainage.
HISTORY: 1962 Code Section 18-281; 1952 Code Section 18-281; 1942 Code Section 6133; 1932 Code Section 6133; Civ. C. '22 Section 3187; Civ. C. '12 Section 2233; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1120. Contract, costs and procedure where work is joined in by border state.

Such drainage commissioners in any county of this State may jointly enter into contracts with the proper officers of such counties in any adjoining state to construct, repair or improve any such work of drainage, each to pay such proportion of the costs and expenses of the work as the contracting officials shall deem just. Such work of drainage shall be made on petition of landowners as provided for in this chapter in relation to other works of drainage and all other provisions of this chapter, so far as applicable, shall govern the drainage commissioners and other officers of this State in relation to such joint work of drainage; provided, such adjoining county or counties in other states shall pay their proper share of the necessary costs and expenses.
HISTORY: 1962 Code Section 18-282; 1952 Code Section 18-282; 1942 Code Section 6133; 1932 Code Section 6133; Civ. C. '22 Section 3187; Civ. C. '12 Section 2233; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1130. Failure of contractor; reletting contract.

If any contractor to whom a portion of the work shall have been let shall fail to perform it according to the terms specified in his contract, action may be had in behalf of the board of drainage commissioners against such contractor and his bond in the court of common pleas for damages sustained by the drainage district and recovery made against such contractor and his sureties. In such an event the work shall be advertised and relet in the same manner as the original letting.
HISTORY: 1962 Code Section 18-283; 1952 Code Section 18-283; 1942 Code Section 6118; 1932 Code Section 6118; Civ. C. '22 Section 3172; Civ. C. '12 Section 2218; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1140. Payment for work done.

The superintendent in charge of construction shall make monthly estimates of the amount of work done and furnish one copy to the contractor and file the other with the secretary of the board of drainage commissioners and the board shall meet and direct the secretary to draw a warrant in favor of such contractor for ninety per cent of the work done, according to the specifications and contract. Upon the presentation of such warrant properly signed by the chairman and secretary to the treasurer of the drainage fund he shall pay the amount due thereon. When the work is fully completed and accepted by the superintendent he shall make an estimate for the whole amount due, including the amounts withheld on the previous monthly estimates, which shall be paid from the drainage fund as before provided.
HISTORY: 1962 Code Section 18-284; 1952 Code Section 18-284; 1942 Code Section 6117; 1932 Code Section 6117; Civ. C. '22 Section 3171; Civ. C. '12 Section 2217; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1310. Assessment and tax roll.

After the classification of the land and the ratio of assessment of the different classes to be made thereon has been confirmed by the clerk of court the drainage commission shall prepare an assessment roll or drainage tax duplicate, giving a description of all the land in the drainage district, the name of the owner, so far as can be ascertained from the public records, and the amount of assessment against each of the several tracts of land and other property in the district which is benefited by the proposed works. In preparing this assessment roll the board shall ascertain the total cost of the improvement, including the damages awarded and to be paid to the owners of lands, and all incidental expenses and deduct therefrom any special assessment made against any railroad or highway and the remainder shall be the amount to be borne and paid by the lands benefited. This amount shall be assessed against the several tracts of land according to the benefit received as shown by the classification and ratio of assessment made by the viewers and confirmed by the clerk of the court. This drainage tax roll shall be made in duplicate, signed by the chairman and secretary and one copy filed with the drainage record and the other delivered to the sheriff or other tax collector, except when the land of the district lies in more than one county when, in addition to the copy of the tax roll which shall be filed with the drainage records, a copy thereof shall be delivered to the treasurer of each of such counties. There shall be appended an order to collect such assessments and the same shall have the force and effect of a judgment as in the case of State and county taxes.
HISTORY: 1962 Code Section 18-291; 1952 Code Section 18-291; 1942 Code Section 6126; 1932 Code Section 6126; Civ. C. '22 Section 3180; Civ. C. '12 Section 2226; 1911 (27) 92; 1917 (30) 335.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1320. Payments to be made in one installment.

If the total cost of the work is less than an average of twenty-five cents per acre on all the land in the district the assessment made against the several tracts shall be collected in one installment by the same officer and in the same manner as State and county taxes are collected and shall be payable at the same time.
HISTORY: 1962 Code Section 18-292; 1952 Code Section 18-292; 1942 Code Section 6127; 1932 Code Section 6127; Civ. C. '22 Section 3181; Civ. C. '12 Section 2227; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1330. Notice of proposed bond issue.

In case the total assessment exceeds the average of twenty-five cents per acre on all the lands in the district the board of drainage commissioners may give notice of three weeks by publication in some newspaper of general circulation in the district, if there be one, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places in the drainage district that they propose to issue bonds for the construction of such improvement, giving the amount of bonds to be issued, the rate of interest they are to bear and the time when payable.
HISTORY: 1962 Code Section 18-293; 1952 Code Section 18-293; 1942 Code Section 6127; 1932 Code Section 6127; Civ. C. '22 Section 3181; Civ. C. '12 Section 2227; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1340. Effect of proposed bond issue on assessed landowners.

Any landowner having lands assessed in the district and not wanting to pay interest on the bonds may, within thirty days after the publication of such notice, pay the county treasurer the full amount of his assessment and have his land released therefrom. Each and every person owning land in the district which is assessed for the construction of an improvement who shall neglect or fail to pay the full amount of his assessment to the county treasurer within the time specified shall be deemed as consenting to the issuing of such drainage bonds and in consideration of the right to pay his assessment in installments he thereby waives his right to any defense against the collection of such assessment because of any irregularity, illegality or defect in the proceedings prior to such time, except in the case of an appeal, as heretofore provided, which shall not be affected by such waiver.
HISTORY: 1962 Code Section 18-294; 1952 Code Section 18-294; 1942 Code Sections 6127, 6128; 1932 Code Sections 6127, 6128; Civ. C. '22 Sections 3181, 3182; Civ. C. '12 Sections 2227, 2228; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1350. Issuance of bonds.

After the expiration of the thirty days after the publication the board of drainage commissioners may issue bonds for the full amount of the assessment not paid into the county treasury, together with the interest thereon, cost of collection and other incidental expenses.
HISTORY: 1962 Code Section 18-295; 1952 Code Section 18-295; 1942 Code Section 6129; 1932 Code Section 6129; Civ. C. '22 Section 3183; Civ. C. '12 Section 2229; 1911 (27) 92; 1917 (30) 335; 1918 (30) 767.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1360. Terms of bonds.

The bonds shall bear interest at a rate not exceeding six per cent per annum, payable semiannually. The bonds shall be payable at a time not less than ten nor more than twenty-five years after their issue and shall be paid up in full at maturity.
HISTORY: 1962 Code Section 18-296; 1952 Code Section 18-206; 1942 Code Section 6129; 1932 Code Section 6129; Civ. C. '22 Section 3183; Civ. C. '12 Section 2229; 1911 (27) 92; 1917 (30) 335; 1918 (30) 767.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1370. Sinking fund.

In order to provide for the payment of bonds at maturity a "sinking fund" shall be provided as follows: Five years from the date of the bond issue and at the same time each succeeding year until the maturity of the bonds the board of drainage commissioners shall collect from the several tracts assessed in the bond issue a sum of money which, when placed in a bank and interest paid thereon at four per cent, compounded quarterly, shall equal the total assessment against all the tracts in the bond issue at the end of twenty years. This amount shall be placed in some State or national bank of reputable standing and shall bear four per cent interest, compounded quarterly. This sum shall be collected along with the interest on the bonds and at the same time and in the same manner as State and county taxes are collected. At the date of maturity of the bonds such sum shall be paid over to the bondholders in liquidation of the bonds, such funds to be drawn out of the bank of deposit by the clerk of the court. In no case shall bonds be issued until the tax levy has been made to meet them as they come due.
HISTORY: 1962 Code Section 18-297; 1952 Code Section 18-297; 1942 Code Section 6129; 1932 Code Section 6129; Civ. C. '22 Section 3183; Civ. C. '12 Section 2229; 1911 (27) 92; 1917 (30) 335; 1918 (30) 767.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1380. Use, numbering, and record of bonds.

The bonds issued shall be for the exclusive use of the drainage district specified on their face and shall be numbered by the board of drainage commissioners and recorded in the drainage record, which record shall set out specifically the lands embraced in the district on which the tax has not been paid in full and which is assessed for the payment of the bonds issued and the interest thereon.
HISTORY: 1962 Code Section 18-298; 1952 Code Section 18-298; 1942 Code Section 6129; 1932 Code Section 6129; Civ. C. '22 Section 3183; Civ. C. '12 Section 2229; 1911 (27) 92; 1917 (30) 335; 1918 (30) 767.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1390. Payment of interest on bonds.

The interest upon the bonds shall be paid to the holders thereof by the county treasurer, on warrant of the governing body of the county which shall audit and approve the claims of the bondholders.
HISTORY: 1962 Code Section 18-299; 1952 Code Section 18-299; 1942 Code Section 6129; 1932 Code Section 6129; Civ. C. '22 Section 3183; Civ. C. '12 Section 2229; 1911 (27) 92; 1917 (30) 355; 1918 (30) 767.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1400. Lien of assessment; remedies on default.

This assessment shall constitute the first and paramount lien, second only to State and county taxes, upon the lands assessed for the payment of the bonds and the interest thereon as they become due and shall be collected in the same manner by the same officers as the State and county taxes are collected. If any installment of the principal or interest represented by the bonds shall not be paid at the time and in the manner when it shall become due and payable and such default shall continue for a period of six months the holder or holders of such bond or bonds upon which default has been made may have a right of action against the drainage district or the board of drainage commissioners of the district and any judge of the court of common pleas may issue a writ of mandamus against the drainage district, its officers, including the governing board of the county, auditor or treasurer, directing the levying of a tax or special assessment as herein provided and the collection thereof, in such sum as may be necessary to meet any unpaid installments of principal and interest and cost of action. And such other remedies are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law and the right of action is hereby vested in the holder or holders of such bond or bonds upon which default has been made authorizing them to institute suit against any officer on his official bond for failure to perform any duty imposed by the provisions of this chapter. The obligors and sureties on the official bonds of the members of the governing body of the county and the county treasurer shall be liable for the faithful performance of the duties herein assigned such officials.
HISTORY: 1962 Code Section 18-300; 1952 Code Section 18-300; 1942 Code Section 6129; 1932 Code Section 6129; Civ. C. '22 Section 3183; Civ. C. '12 Section 2229; 1911 (27) 92; 1917 (30) 335; 1918 (30) 767.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1410. Defects that do not defeat assessment.

The collection of the assessment shall not be defeated, when the proper notices have been given, by reason of any defect in the proceedings occurring prior to the order of the clerk of the court confirming the final report of the viewers but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from. If on appeal the court shall deem it just and proper to release any person or to modify his assessment or liability it shall in no manner affect the rights and legal position of any person other than the appellant and the failure to appeal from the order of the clerk of the court within the time specified shall be a waiver of any illegality in the proceedings and the remedies provided for in this chapter shall exclude all other remedies.
HISTORY: 1962 Code Section 18-301; 1952 Code Section 18-301; 1942 Code Section 6132; 1932 Code Section 6132; Civ. C. '22 Section 3186; Civ. C. '12 Section 2232; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1420. Change of assessment; relevy.

When the clerk of the court has confirmed an assessment for the construction of any public levee, ditch or drain and such assessment has been modified by a court of superior jurisdiction but for some unforeseen cause cannot be collected the board of drainage commissioners may change or modify the assessment as originally confirmed to conform to the judgment of the court of common pleas and to cover any deficit that may have been caused by the order of such court or unforeseen occurrence. Such relevy shall be made for the additional sum required in the same ratio on the lands benefited as the original assessment was made.
HISTORY: 1962 Code Section 18-302; 1952 Code Section 18-302; 1942 Code Section 6130; 1932 Code Section 6130; Civ. C. '22 Section 3184; Civ. C. '12 Section 2330; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1430. Federal aid.

In the event that the United States Government makes provision for loans to prosecute drainage and reclamation work or provides for such work to be done under the supervision of its officials the drainage districts created under this chapter may avail themselves of such provisions at any time, turning over to the United States Government for completion any work begun prior to such provision being made. And any such drainage district may levy and collect in the manner herein provided the taxes against the land and pledge and pay to the United States Government the receipts from such levy in liquidation of the loan made as aforesaid by the United States Government. The officials of this State shall solicit the cooperation of the various bureaus of the United States Government in the prosecution of all work undertaken under this chapter.
HISTORY: 1962 Code Section 18-303; 1952 Code Section 18-303; 1942 Code Section 6134; 1932 Code Section 6134; Civ. C. '22 Section 3188; Civ. C. '12 Section 2234; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1610. Funds to be deposited with county treasurer.

All sums of money arising from the sale of bonds, collection of assessments or otherwise for drainage districts or purposes shall be paid over to the county treasurer of the county wherein the drainage district is situate, to be distributed by him as provided in Section 49-17-1620.
HISTORY: 1962 Code Section 18-311; 1952 Code Section 18-311; 1942 Code Section 6211; 1932 Code Section 6211; Civ. C. '22 Section 3265; 1920 (31) 1023; 1925 (34) 179.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1620. Disbursement of funds on warrant of board of drainage commissioners.

All bills, claims or other demands against a drainage district shall be paid by the county treasurer upon the warrant of the board of drainage commissioners, signed by not less than two of the members thereof and countersigned by the clerk of the board.
HISTORY: 1962 Code Section 18-313; 1952 Code Section 18-313; 1942 Code Section 6212; 1932 Code Section 6212; Civ. C. '22 Section 3266; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1630. Issuance of warrants.

The board of drainage commissioners shall issue their warrants, directed to the county treasurer, for all bills, claims or demands against the drainage district for all work, services, contracts, damages or otherwise, including the expenses incurred in the formation of the drainage district.
HISTORY: 1962 Code Section 18-314; 1952 Code Section 18-314; 1942 Code Section 6213; 1932 Code Section 6213; Civ. C. '22 Section 3267; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1640. Assessment rolls.

The board of drainage commissioners shall furnish the county auditor with an assessment roll showing the names of the property owners and the amounts assessed, respectively, for drainage purposes and the county auditor shall make up an original book and a duplicate thereof as for other taxes or assessments and shall furnish the county treasurer with a duplicate.
HISTORY: 1962 Code Section 18-315; 1952 Code Section 18-315; 1942 Code Section 6214; 1932 Code Section 6214; Civ. C. '22 Section 3268.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1650. Collection of assessments.

The county treasurer shall collect the assessments shown by such duplicate in the same manner as taxes.
HISTORY: 1962 Code Section 18-316; 1952 Code Section 18-316; 1942 Code Section 6215; 1932 Code Section 6215; Civ. C. '22 Section 3269; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1660. Proceedings upon default in payment of assessments.

In case of default in the payment of any assessment the county treasurer shall issue his warrant to the sheriff who shall collect the assessment as in the case of a defaulting taxpayer and the same costs shall be allowed for the collection of a drainage assessment as for collecting defaulted taxes.
HISTORY: 1962 Code Section 18-317; 1952 Code Section 18-317; 1942 Code Section 6216; 1932 Code Section 6216; Civ. C. '22 Section 3270; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1670. Adjustment of assessments upon lands transferred or conveyed.

The board of drainage commissioners during February in each year shall furnish the county auditor with a report showing all transfers or conveyances of land within a drainage district appearing of record, together with an equitable reassessment and classification of the land conveyed if deemed necessary, so that the burden of the assessment shall be equitably distributed in case of subdivision.
HISTORY: 1962 Code Section 18-318; 1952 Code Section 18-318; 1942 Code Section 6218; 1932 Code Section 6218; Civ. C. '22 Section 3272; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1680. Correction of assessment books.

The county auditor shall make the original and duplicate assessment book conform each year with such report and changes.
HISTORY: 1962 Code Section 18-319; 1952 Code Section 18-319; 1942 Code Section 6219; 1932 Code Section 6219; Civ. C. '22 Section 3273; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1690. Fees of auditor and treasurer.

The county auditor shall receive twenty-five cents for each entry in the original assessment book each year and the county treasurer shall receive twenty-five cents for each assessment collected each year and in addition thereto shall receive one per cent upon all disbursements made by him. The board of drainage commissioners shall pay the same annually by warrant.
HISTORY: 1962 Code Section 18-320; 1952 Code Section 18-320; 1942 Code Section 6217; 1932 Code Section 6217; Civ. C. '22 Section 3271; 1920 (31) 1023; 1921 (32) 228.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1700. Assessments of less than twenty-five dollars payable in cash.

When the original assessment for drainage purposes is less than twenty-five dollars upon a property the owner must pay it in cash so that there will be no necessity to issue bonds thereon for drainage purposes.
HISTORY: 1962 Code Section 18-322; 1952 Code Section 18-322; 1942 Code Section 6220; 1932 Code Section 6220; Civ. C. '22 Section 3274; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1710. Extension of time for payment of assessment.

The board of drainage commissioners may extend the time for the payment of the original assessment or any annual assessment for drainage purposes.
HISTORY: 1962 Code Section 18-323; 1952 Code Section 18-323; 1942 Code Section 6221; 1932 Code Section 6221; Civ. C. '22 Section 3275; 1920 (31) 1023.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1810. Control and supervision after completion; rights of cities and towns.

Whenever any improvement constructed under this chapter is completed it shall be under the control and supervision of the board of drainage commissioners. But any city or town may convert into a sewer any part of any drain within such corporate limits and to that end may change the location of any such part of such drain on condition only that such change of location or conversion of such drain into a sewer shall not injuriously affect the general purposes of such drainage and that no lands outside of such corporate limits shall be charged thereby with any additional burden.
HISTORY: 1962 Code Section 18-331; 1952 Code Section 18-331; 1942 Code Section 6124; 1932 Code Section 6124; Civ. C. '22 Section 3178; Civ. C. '12 Section 2224; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1820. Repairs.

The board of drainage commissioners shall keep the levee, ditch, drain or watercourse in good repair, and for this purpose they may levy an assessment on the lands benefited by the construction of such improvement in the same manner and in the same proportion as the original assessments were made and the fund that is collected shall be used for repairing and maintaining the ditch, drain or watercourse in perfect order; provided, however, that:
(1) Such parts of public drains as are within the corporate limits of any city or town shall be kept in repair by such city or town; and
(2) any repairs are made necessary by the act or negligence of the owner of any land through which such improvement is constructed or by the act or negligence of his agent or employee or if they are caused by the cattle, hogs or other stock of such owner, employee or agent then the cost thereof shall be assessed and levied against the lands of such owner alone, to be collected by proper suit instituted by the drainage commissioners.
HISTORY: 1962 Code Section 18-332; 1952 Code Section 18-332; 1942 Code Section 6124; 1932 Code Section 6124; Civ. C. '22 Section 3178; Civ. C. '12 Section 2224; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 17 - Drainage Or Levee Districts Under 1911 Act › Section 49-17-1830. Penalties for injury to drainage works.

It shall be unlawful for any person to injure, damage or obstruct any levee, ditch, drain or watercourse constructed or improved under the provisions of this chapter or to build any bridge, fence or floodgate in such way as to injure or damage any such levee, ditch, drain or watercourse. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, may be fined in any sum not exceeding twice the damage or injury done or caused.
HISTORY: 1962 Code Section 18-333; 1952 Code Section 18-333; 1942 Code Sections 1228, 6124; 1932 Code Sections 1228, 6124; Civ. C. '22 Section 3178; Cr. C. '22 Section 117; Civ. C. '12 Section 2224; 1911 (27) 92.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-10. Chapter declared to be remedial; construction.

This chapter is declared to be remedial in character and purpose and shall be liberally construed in carrying out this legislative intent and purpose.
HISTORY: 1962 Code Section 18-401; 1952 Code Section 18-401; 1942 Code Section 6210; 1932 Code Section 6210; Civ. C. '22 Section 3264; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-20. Provisions of chapter cumulative.

This chapter shall be construed to be cumulative to other laws of this State relating to the organization or incorporation of levee or drainage districts.
HISTORY: 1962 Code Section 18-402; 1952 Code Section 18-402; 1942 Code Section 6209; 1932 Code Section 6209; Civ. C. '22 Section 3263; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-30. "Owner" defined.

The word "owner" as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process but shall be represented by the present owner of the freehold estate in any proceedings under this chapter.
HISTORY: 1962 Code Section 18-403; 1952 Code Section 18-403; 1942 Code Section 6193; 1932 Code Section 6193; Civ. C. '22 Section 3247; 1920 (31) 663.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 19 - Drainage Districts Under 1920 Act › Section 49-19-40. "Land" defined.

The term "land" or "lands" as used in this chapter shall be held to cover and include railroads and all property assessed for benefits.
HISTORY: 1962 Code Section 18-404; 1952 Code Section 18-404; 1942 Code Section 6179; 1932 Code Section 6179; Civ. C. '22 Section 3233; 1920 (31) 663.