reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 6 - Uniform Statutory Rule Against Perpetuities › Section 27-6-70. Application and construction.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
HISTORY: 1987 Act No. 12, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 7 - Form And Execution Of Conveyances › Section 27-7-10. Form of conveyance of fee simple; witnesses.

The following form or purport of a release shall, to all intents and purposes, be valid and effectual to carry from one person to another or others the fee simple of any land or real estate if it shall be executed in the presence of and be subscribed by two or more credible witnesses:
"The State of South Carolina.
"Know all men by these presents that I, A B, of __________, in the State aforesaid, in consideration of the sum of ___ dollars, to me in hand paid by C D of __________ County, State of __________, the receipt of which is hereby acknowledged, have granted, bargained, sold and released and by these presents do grant, bargain, sell and release unto the said C D all that (here describe the premises), together with all and singular the rights, members, hereditaments and appurtenances to said premises belonging or in any wise incident or appertaining; to have and to hold all and singular the premises before mentioned unto said C D, his heirs and assigns, forever. And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend all and singular said premises unto said C D, his heirs and assigns, against myself and my heirs and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
"Witness my hand and seal this ___ day of __________ in the year of our Lord __________ and in the ___ year of the independence of the United States of America. "__________ [L.S.]"
HISTORY: 1962 Code Section 57-251; 1952 Code Section 57-251; 1942 Code Section 8694; 1932 Code Section 8694; Civ. C. '22 Section 5216; Civ. C. '12 Section 3453; Civ. C. '02 Section 2367; G. S. 1775; R. S. 1886; 1795 (5) 255; 1899 (23) 48; 1936 (39) 1301.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 7 - Form And Execution Of Conveyances › Section 27-7-20. Warranty and additional clauses in conveyances.

Section 27-7-10 shall be so construed as not to oblige any person to insert the clause of warranty or to restrain him from inserting any other clause in conveyances, as may be deemed proper and advisable by the purchaser and seller, or to invalidate the forms formerly in use within this State.
HISTORY: 1962 Code Section 57-252; 1952 Code Section 57-252; 1942 Code Section 8694; 1932 Code Section 8694; Civ. C. '22 Section 5216; Civ. C. '12 Section 3453; Civ. C. '02 Section 2367; G. S. 1775; R. S. 1886; 1795 (5) 255; 1899 (23) 48; 1936 (39) 1301.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 7 - Form And Execution Of Conveyances › Section 27-7-30. Omission of seal.

Whenever it shall appear from the attestation clause or from the other parts of any instrument in writing that it was the intention of the party or parties thereto that such instrument should be a sealed instrument, such instrument shall be construed to be, and shall have the effect of, a sealed instrument, although no seal be actually attached thereto.
HISTORY: 1962 Code Section 57-253; 1952 Code Section 57-253; 1942 Code Section 8694; 1932 Code Section 8694; Civ. C. '22 Section 5216; Civ. C. '12 Section 3453; Civ. C. '02 Section 2367; G. S. 1775; R. S. 1886; 1795 (5) 255; 1899 (23) 48; 1936 (39) 1301.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-20. Definitions.

As used in this chapter, unless the context otherwise requires:
(1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include one or more of the following:
(a) retaining or protecting natural, scenic, or open-space aspects of real property;
(b) ensuring the availability of real property for agricultural, forest, recreational, educational, or open-space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality;
(e) preserving the historical, architectural, archaeological, or cultural aspects of real property.
(2) "Holder" means:
(a) a governmental body empowered to hold an interest in real property under the laws of this State or the United States; or
(b) a charitable, not-for-profit or educational corporation, association, or trust the purposes or powers of which include one or more of the purposes listed in subsection (1).
(3) "Real property" includes surface waters.
(4) "Third-party right of enforcement" means a right provided by the grantor of the conservation easement to enforce selected terms of the conservation easement which is granted to a governmental body, a charitable, not-for-profit, or educational corporation, association, or trust, which though not the holder of the easement, is eligible to be the holder of such easement.
HISTORY: 1991 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-35. Easements excepted from public hearing requirement.

The provisions of Section 27-8-30(E)(3) of the 1976 Code do not apply to an easement conveyed by a county or municipality if the county or municipality is compensated for the easement from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code, or if the donation of an easement by a municipality or county is an integral part of a larger proposal for which a grant or loan is made from the Conservation Bank Trust Fund under Chapter 59 of Title 48 of the 1976 Code.
HISTORY: 2002 Act No. 200, Section 6.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-40. Who may bring action affecting easement.

(A) An action affecting a conservation easement may be brought by:
(1) an owner of an interest in the real property burdened by the easement;
(2) a holder of the easement;
(3) a person having a third-party right of enforcement; or
(4) a person otherwise authorized by law.
(B) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with principles of law and equity.
HISTORY: 1991 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-50. Validity of easements.

A conservation easement is valid even though one or more of the following exist:
(1) It is not appurtenant to or does not run with an interest in real property.
(2) It may be or has been assigned to another holder.
(3) It is not of a character recognized traditionally at common law.
(4) It imposes a negative burden.
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder.
(6) The benefit does not touch or concern real property.
(7) There is no privity of estate or of contract.
(8) It does not run to the successors and assigns of the holder.
HISTORY: 1991 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-60. Applicability of Conservation Easement Act to, and its effect on, property interests.

(A) This chapter applies to interests that meet the definition of conservation easement under Section 27-8-20(1) whether designated as a conservation easement or a covenant, an equitable servitude, a restriction, an easement, or otherwise.
(B) This chapter does not invalidate an interest designated as a conservation or preservation easement or a covenant, an equitable servitude, a restriction, an easement, or otherwise, that is enforceable under other laws of this State.
HISTORY: 1991 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-70. Effect of easement on assessment of property for ad valorem tax purposes.

For ad valorem tax purposes real property that is burdened by a conservation easement must be assessed and taxed on a basis that reflects the existence of the easement.
HISTORY: 1991 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-80. Condemnation of conservation easements.

A person or entity empowered to condemn may condemn a conservation easement for other public purposes pursuant to applicable provisions of the 1976 Code or federal law. Holders of the conservation easement must be parties to the proceedings along with the owner of the land.
HISTORY: 1991 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-90. Biennial review of plight of land loss.

The Board of the Conservation Bank shall perform a biennial review of the plight of land loss by small landowners and holders of heirs' property. The results of this review, upon completion, must be published in an official board report and submitted to the South Carolina General Assembly for its use.
HISTORY: 2002 Act No. 200, Section 8.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-100. Use of trust fund monies for beach conservation.

Notwithstanding any other provision of law, the Department of Parks, Recreation and Tourism as an eligible trust fund recipient is authorized but not required to use monies it receives from the Conservation Bank Trust Fund to provide for beach conservation at the State Parks System.
HISTORY: 2002 Act No. 200, Section 10.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-110. Use of trust funds to acquire land adjoining state parks.

Notwithstanding any other provision of law, the Department of Parks, Recreation and Tourism as an eligible trust fund recipient is authorized but not required to use monies it receives from the Conservation Bank Trust Fund to provide as a priority for the acquisition of lands adjoining the State Parks System to be used as part of the State Parks System.
HISTORY: 2002 Act No. 200, Section 11.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 8 - Conservation Easement Act › Section 27-8-120. Repealed.

HISTORY: Former Section, titled Prospective repeal; termination of South Carolina Conservation Bank, had the following history: 2002 Act No. 200, Section 7; 2012 Act No. 162, Section 1, eff May 14, 2012. Repealed by 2018 Act No. 224, Section 6.A, eff July 1, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 11 - Confirmation Of Titles › Section 27-11-10. State not precluded as to escheated lands by grants and the like.

The State shall not be precluded by possession, grant, conveyance or any other cause or title from making inquest and sale of all such lands as have heretofore escheated to the State by the death of the person last seized thereof, any law, custom or usage to the contrary notwithstanding. But no lands claimed under grant or under an actual possession for five years prior to July 4, 1776 shall be affected by this section.
HISTORY: 1962 Code Section 57-51; 1952 Code Section 57-51; 1942 Code Section 8853; 1932 Code Section 8853; Civ. C. '22 Section 5616; Civ. C. '12 Section 4089; Civ. C. '02 Section 2988; G. S. 2309; R. S. 2447; 1787 (5) 48.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 11 - Confirmation Of Titles › Section 27-11-20. Former grants and the like made valid; persons may hold under same against State.

All persons who are now possessed of or hold any messuages, lands, tenements or hereditaments whatsoever in this State by and under any original patents, grants or deeds, indented or poll, either made by the former lords proprietors or by their palatine, or his deputy, and any three or more of the lords proprietors, or their deputies, or by any of their governors, and any three or more of the lords proprietors, or the lords proprietors' deputies, or by any other person or persons whatsoever, commissioned by their palatine, and any three or more of the lords proprietors, or by any five of the lords proprietors, their deputies or commissioners, as of fee simple or fee simple conditional or for life or for a term of years and all other persons whatsoever who are now possessed of or do hold any such estates, by virtue of any mesne conveyances derived from and under all or any such original patents, grants and deeds, indented or poll, shall from henceforth quietly and peaceably have, hold, use, occupy, possess and enjoy all and every such messuages, plantations, lands, tenements and hereditaments whatsoever, to them, their heirs, executors, administrators and assigns, respectively, according to the several tenures in such original patents, grants, deeds indented or deeds poll, mesne conveyances or last wills, derived from and under them respectively mentioned and expressed, and that against the State forever and against the lords proprietors and their heirs and all persons whatsoever, save and except as hereinafter excepted.
HISTORY: 1962 Code Section 57-52; 1952 Code Section 57-52; 1942 Code Section 8681; 1932 Code Section 8681; Civ. C. '22 Section 5203; Civ. C. '12 Section 3440; Civ. C. '02 Section 2354; G. S. 1762; R. S. 1873; 1731 (3) 298.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 11 - Confirmation Of Titles › Section 27-11-40. Ratification and confirmation of former patents, grants, and the like saving claims of third persons.

All such patents, grants, indentures and deeds and all other patents, grants, indentures and deeds from the proprietors, their governors, deputies, commissioners or trustees, when any lands have been so meted or ascertained, or returned as aforesaid, and the assignments thereof, are hereby ratified and confirmed, for and notwithstanding all or any such defects in the patents, grants or deeds aforesaid, or any of them, or the assignments thereof, or other defects whatsoever, in not timely executing, undue or nonexecution thereof as aforesaid, saving to every person and persons whatsoever, bodies politic and corporate, their executors, administrators and assigns, other than to the State and other than to the lords proprietors and their heirs and other than to such persons who do or may stand seized or possessed in trust for the State or for the lords proprietors, all such right, title, interest and demand whatsoever which they or any of them now have and may claim of, in or to such lands, tenements and hereditaments whatsoever or any part thereof.
HISTORY: 1962 Code Section 57-54; 1952 Code Section 57-54; 1942 Code Section 8683; 1932 Code Section 8683; Civ. C. '22 Section 5205; Civ. C. '12 Section 3442; Civ. C. '02 Section 2356; G. S. 1765; R. S. 1875; 1731 (3) 299.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 11 - Confirmation Of Titles › Section 27-11-50. Estates of John Lord Carteret and lords proprietors shall not be altered, abridged, or revived.

Nothing herein contained shall extend or be construed to alter or abridge the Right Honorable John Lord Carteret, his heirs, executors, administrators or assigns, or the lords proprietors or their heirs of any estate, right, title or interest whatsoever which have or has been saved and reserved unto said John Lord Carteret, or to the late lords proprietors, or any of them, in and by the act entitled "An Act for Establishing an Agreement with Seven of the lords proprietors of Carolina, for the Surrender of their Title and Interest in that Province to his Majesty"; nor to revive or enlarge any estate or right or interest whatsoever in the lords proprietors, or any of them, their or any of their heirs, of, in and to the estates aforesaid, or any part thereof, which they or any of them have granted and conveyed as aforesaid, to any person or persons whatsoever, or which they have surrendered by virtue of the aforesaid act.
HISTORY: 1962 Code Section 57-55; 1952 Code Section 57-55; 1942 Code Section 8684; 1932 Code Section 8684; Civ. C. '22 Section 5206; Civ. C. '12 Section 3443; Civ. C. '02 Section 2357; G. S. 1765; R. S. 1875; 1731 (3) 299.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 11 - Confirmation Of Titles › Section 27-11-60. Grants, deeds and the like before August 20, 1731 shall not be impeached for certain causes.

No grant, deed of feoffment, deed or bargain and sale, deed of gift or other conveyance of any lands or tenements whatsoever made prior to August 20, 1731 shall be impeached or set aside in any court of law or equity for want of attornment or of livery and seizin or enrollment thereof or because such conveyance has been made by way of assignment or endorsement on such deed or grant without other ceremony, nor for any other defect in the form or in the manner of the execution of such deed or grant or of the endorsement or assignment thereof, either by the first grantor or in any of the mesne conveyances derived therefrom, if the right was or would have been in the person conveying if such defects had not happened in the form of such grants, deeds or conveyances or in the manner of the execution of them as aforesaid.
HISTORY: 1962 Code Section 57-56; 1952 Code Section 57-56; 1942 Code Section 8685; 1932 Code Section 8685; Civ. C. '22 Section 5207; Civ. C. '12 Section 3444; Civ. C. '02 Section 2358; G. S. 1766; R. S. 1876; 1731 (3) 302; 1712 (2) 434.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 11 - Confirmation Of Titles › Section 27-11-70. Effect of possession of lands five years before July 4, 1776.

An actual peaceable and quiet possession of lands five years previous to July 4, 1776 shall be deemed a good and sufficient title and any grant obtained since that time, or which may be obtained, for such land is hereby declared null and void.
HISTORY: 1962 Code Section 57-57; 1952 Code Section 57-57; 1942 Code Section 8688; 1932 Code Section 8688; Civ. C. '22 Section 5210; Civ. C. '12 Section 3447; Civ. C. '02 Section 2361; G. S. 1769; R. S. 1880; 1787 (5) 40.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 13 - Property Ownership By Aliens › Section 27-13-10. Aliens and foreign corporations entitled to same property as natural-born citizens.

Real and personal property of every description may be taken, acquired, held and disposed of by an alien, subject to the provisions of Sections 27-13-30 and 27-13-40, in the same manner in all respects as by a natural-born citizen. And a title to real or personal property or every description may be derived through, from or in succession to an alien, in the same manner in all respects as through, from or in succession to a natural born citizen. Foreign corporations shall have and exercise all rights granted to aliens in this section.
HISTORY: 1962 Code Section 57-101; 1952 Code Section 57-101; 1942 Code Sections 8687, 8907; 1932 Code Sections 8687, 8907; Civ. C. '22 Sections 5209, 5328; Civ. C. '12 Sections 3446, 3556; Civ. C. '02 Sections 2360, 2469; G. S. 1768, 1847; R. S. 1880, 1981; 1872 (15) 72, 73; 1873 (15) 488.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 13 - Property Ownership By Aliens › Section 27-13-20. Titles derived through aliens legalized.

Any citizen or alien who, prior to December 19, 1807, entered into any bona fide contract or received any grant or other deed of conveyance for or relating to any real property in this State or who derived their titles from or through aliens, either mediately or immediately, shall hold and enjoy it in fee simple or for any less estate, according to the nature of his contract, grant or other deed of conveyance, any law, usage or custom to the contrary thereof in any wise notwithstanding; provided, that nothing contained herein shall be so construed as to interfere with or at all invalidate any grant of real property which may, before December 19, 1807, have been made by the General Assembly unto any person or any body corporate or to affect in any measure descents cast before the date aforesaid.
HISTORY: 1962 Code Section 57-102; 1952 Code Section 57-102; 1942 Code Section 8686; 1932 Code Section 8686; Civ. C. '22 Section 5208; Civ. C. '12 Section 3445; Civ. C. '02 Section 2359; G. S. 1767; R. S. 1879; 1807 (5) 547.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 13 - Property Ownership By Aliens › Section 27-13-30. Limitation on alien land ownership.

No alien or corporation controlled by aliens, either in his or its own right or as trustee, cestui que trust or agent, shall own or control within the limits of this State more than five hundred thousand acres of land. Nothing in this section shall apply to lands owned or controlled by any such person or corporation nor to lands mortgaged to such a person or corporation on March 9, 1896, nor shall this section apply to lands conveyed by an alien to a corporation controlled by such alien.
HISTORY: 1962 Code Section 57-103; 1952 Code Section 57-103; 1942 Code Section 7790; 1932 Code Section 7790; Civ. C. '22 Section 4053; Civ. C. '12 Section 2689; Civ. C. '02 Section 1795; 1896 (22) 211; 1945 (44) 51; 1955 (49) 98; 1956 (49) 2971.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 13 - Property Ownership By Aliens › Section 27-13-40. Limitation on alien land ownership; lands acquired on foreclosure of mortgage.

But Section 27-13-30 shall not apply to land purchased under proceedings, either by action or power of sale, to foreclose any mortgage acquired after March 9, 1896 by any alien or corporation controlled by aliens, but in such case such alien or corporation controlled by aliens shall not be entitled to hold such excess of land more than five years, unless the Comptroller General shall certify that a sale during that time would be materially detrimental to the interest of such alien or corporation controlled by aliens, in which case such alien or corporation controlled by aliens may hold such land for five years longer upon the same conditions.
HISTORY: 1962 Code Section 57-104; 1952 Code Section 57-104; 1942 Code Section 7790; 1932 Code Section 7790; Civ. C. '22 Section 4053; Civ. C. '12 Section 2689; Civ. C. '02 Section 1795; 1896 (22) 211.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 15 - Catawba Indian Lands › Section 27-15-10. Leases; term limitations.

It shall be lawful for the Catawba Indians to grant and make to any person any lease or leases, for life or lives or term of years, of any of the lands vested in them by the laws of this State; provided, that no lease shall exceed the term of ninety-nine years or three lives in being.
HISTORY: 1962 Code Section 57-151; 1952 Code Section 57-151; 1942 Code Section 8689; 1932 Code Section 8689; Civ. C. '22 Section 5211; Civ. C. '12 Section 3448; Civ. C. '02 Section 2362; G. S. 1770; R. S. 1881; 1808 (5) 576.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 15 - Catawba Indian Lands › Section 27-15-20. Formal requisites of lease.

No lease of the lands of the Catawba Indians, whether for life or lives or term of years, shall be held or deemed as valid and good in law unless it be signed and sealed by at least four of the head men or chiefs of the Catawba Indians.
HISTORY: 1962 Code Section 57-152; 1952 Code Section 57-152; 1942 Code Section 8690; 1932 Code Section 8690; Civ. C. '22 Section 5212; Civ. C. '12 Section 3449; Civ. C. '02 Section 2363; G. S. 1771; R. S. 1882; 1808 (5) 576; 1854 (12) 324.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 15 - Catawba Indian Lands › Section 27-15-30. Certain rights vested in lessees of Catawba Indians.

All the reversionary right, title and interest of this State in and to the Catawba Indian lands, situated in the counties of York and Lancaster, within a boundary of fifteen miles square and which are represented in the plat of survey made by Samuel Wiley, dated February 22, 1764 and now on file in the office of the Secretary of State, are hereby vested in the persons who may hold such lands as lessees of the Catawba Indians, their heirs and assigns, according to the location of their respective leases.
HISTORY: 1962 Code Section 57-153; 1952 Code Section 57-153; 1942 Code Section 8691; 1932 Code Section 8691; Civ. C. '22 Section 5213; Civ. C. '12 Section 3450; Civ. C. '02 Section 2364; G. S. 1772; R. S. 1883; 1838 (6) 602.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 15 - Catawba Indian Lands › Section 27-15-40. Grants to lessees of leased Catawba Indian lands.

Each lessee of the Catawba Indian lands who shall deposit with the Secretary of State his lease and also the receipt or receipts of the former tax collector of the county wherein such lands may be situated for such taxes as may have been paid thereon, as heretofore required by law, shall be entitled to locate and receive a grant from the State (in the manner provided by law for granting vacant lands) for the land held by him under lease, upon payment of the usual fees, and thenceforth hold the land so granted in the same right as any other lands granted by this State are held.
HISTORY: 1962 Code Section 57-154; 1952 Code Section 57-154; 1942 Code Section 8692; 1932 Code Section 8692; Civ. C. '22 Section 5214; Civ. C. '12 Section 3451; Civ. C. '02 Section 2365; G. S. 1773; R. S. 1884; 1840 (11) 146.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 15 - Catawba Indian Lands › Section 27-15-50. Proceedings by lessee if lease be lost.

If any lessee of the Catawba Indian lands, being in possession, shall not have it in his power to deposit the lease under which he holds, as required by Section 27-15-40, by reason of its loss or otherwise, such person shall file in the office of the Secretary of State a notice of his intention to apply for the issuing of a grant and shall publish such notice in one or more of the newspapers of the county in which such land is situated for at least three months before the time of such intended application. Such notice shall set forth the cause of the inability of such person to produce such lease and shall be verified by the oath of the applicant. And such grant shall thereupon issue if the person applying be otherwise entitled thereto, provided, that if any other person shall, within five years from the issuing of such grant, produce a lease of the premises so granted, such grant shall thereupon become null and void.
HISTORY: 1962 Code Section 57-155; 1952 Code Section 57-155; 1942 Code Section 8693; 1932 Code Section 8693; Civ. C. '22 Section 5215; Civ. C. '12 Section 3452; Civ. C. '02 Section 2366; G. S. 1774; R. S. 1885; 1857 (12) 611.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-20. Legislative findings.

The Legislature finds:
(1) The Catawba Indian Tribe has filed lawsuits in both the United States District Court for the District of South Carolina, claiming possessory rights to certain lands in South Carolina and trespass damages and in the United States Court of Federal Claims seeking monetary damages against the United States.
(2) The pendency of these lawsuits has resulted in severe economic and social hardships for large numbers of landowners, citizens, and communities in the State, and therefore for the State as a whole. If these claims are not resolved, further litigation involving tens of thousands of landowners would be likely.
(3) The Indian claimants and the State, acting through the Governor, have reached an agreement in principle to settle their differences which constitutes a good faith effort on the part of all parties to achieve a fair and just resolution of claims which, in the absence of this settlement, could be pursued through the courts for many years to the detriment of the State and all its citizens, including the Indians.
(4) The implementation of the settlement requires legislation by the Congress of the United States and by the General Assembly of South Carolina.
HISTORY: 1993 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-40. Catawba Tribe subject to jurisdiction of state, except where otherwise expressly provided.

The Catawba Tribe, its members, lands, natural resources, or other property owned by the Tribe or its members, including land, natural resources, or other property held in trust by the United States or by any other person or entity for the Tribe, is subject to the civil, criminal, and regulatory jurisdiction of the State, its agencies, and political subdivisions other than municipalities, and the civil and criminal jurisdiction of the courts of the State to the same extent as any other person, citizen, or land in the State, except as otherwise expressly provided in this chapter or in the federal implementing legislation.
HISTORY: 1993 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-50. Monetary payments by state, federal governments; private payments; Trust Funds; limited waiver of immunity by state as to suit to collect; effect on certain other funding.

(A) The General Assembly recognizes and acknowledges that the Settlement Agreement requires payment to the Catawba Indian Tribe of fifty million dollars of which thirty-two million dollars is to be contributed by the federal government. The State shall contribute twelve million, five hundred thousand dollars toward the settlement, which must be paid in five annual payments in the amount of two million, five hundred thousand dollars. The State's initial annual payment must be made within ninety days after the effective date of the implementing legislation, and the State's annual payments continue on the same day and month for four consecutive years, or at the option of the State, the remaining balance of the contribution may be paid in full at any time within five years of the effective date of this chapter.
(B) The State Treasurer shall collect all local and private contributions to settlement and forward them to the Secretary.
(C) Upon completion of all payments into the Trust Funds created by the federal implementing legislation and the Settlement Agreement, at least one-third of all state, local, and private contributions must be paid into the Education Trust Fund.
(D) Private payments made pursuant to Section 5.2 of the Settlement Agreement may be treated at the election of the taxpayer as either a payment in settlement of litigation or a charitable contribution for state income tax purposes.
(E) If the State's contribution of twelve million, five hundred thousand dollars, or any part of it, is not paid as scheduled, the Tribe, or the United States on behalf of the Tribe, has a cause of action against the State for the amount not paid when due. Suit on this cause of action may be brought, at the election of the Tribe, in the Court of Common Pleas of South Carolina or in the United States District Court for the District of South Carolina. Until the entire twelve million, five hundred thousand dollars is paid, the State waives any Eleventh Amendment immunity which may bar a suit in the United States District Court for the District of South Carolina, but this waiver applies only to the cause of action referred to in this subsection.
(F) None of the funds, assets, or income from the Tribal Trust funds may at any time be used as a basis for denying or reducing funds to the Tribe or its members under federal, state, or state funded local program, and distributions from the Tribal Trust Funds may be used as matching funds for other state, local, or federal grants or loans.
HISTORY: 1993 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-60. Ratification of transfer extinguishes other claims by or on behalf of Tribe; State law to govern transfer of property.

(A) Any transfer of land or other natural resources located anywhere within the State, from, by, or on behalf of the Tribe including, but without limitation, a transfer pursuant to a treaty, compact, or statute of any state, is deemed to have been made in accordance with the laws of the State.
(B) Any transfer of land or other natural resources located anywhere within the State from, by, or on behalf of a member of the Tribe or a person purporting to be a member of the Tribe including, but without limitation, a transfer pursuant to a treaty, compact, or statute of a state, is deemed to have been made in accordance with the laws of the State.
(C) By virtue of the approval and ratification of any transfer of land or natural resources affected by this section, all claims under a statute or the common law of a state against the United States, a state or subdivision of the United States, or another person or entity, by the Tribe, any of its members or any person purporting to be a member, or any predecessors or successors in interest thereof, arising at the time of or subsequent to the transfer and based on any interest in or right involving the land or natural resources, including without limitation claims for trespass damages, claims for use and occupancy, or claims for damages to property, are deemed extinguished as of the date of the transfer.
(D) Nothing in this section affects, diminishes, or eliminates the personal claim of an individual Indian which is pursued under a law of general applicability that protects non-Indians as well as Indians.
HISTORY: 1993 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-70. Tribal court of criminal jurisdiction; delineation of Tribal and state jurisdiction; Tribal peace officers; training; cross-deputization.

(A) Except as provided in this section, South Carolina shall exercise exclusive jurisdiction over all crimes under the statutory or common law of this State.
(B) A constitution adopted by the Tribe may provide for a tribal court with criminal jurisdiction.
(1) If a tribal court with criminal jurisdiction is created, the territorial jurisdiction of the court both original and appellate must be limited to the Reservation; the jurisdiction of the court over persons must be limited to members of the Tribe; and the subject matter jurisdiction of the court is limited to crimes within the jurisdiction of the state magistrates' courts and to any additional misdemeanors and petty offenses specified in the ordinances or laws adopted by the Tribe. The fines and penalties for the offenses may not exceed the maximum fines and penalties that a state magistrate's court may impose.
(2) In all cases in which the tribal court has jurisdiction over state law, its jurisdiction must be concurrent with the jurisdiction of the magistrates' courts of the State; and defendants shall have the right to remove the cases to the magistrate's court or appeal their convictions in tribal court cases to the General Sessions Court, in the same manner that magistrate's court decisions may be appealed, or in accordance with procedures the General Assembly may provide. In cases where the tribal court is applying those additional ordinances or laws described in item (1), it shall have exclusive jurisdiction.
(C) For the purpose of enforcing the Tribe's powers provided by this chapter and the federal implementing legislation, the Tribe may employ peace officers.
(1) If the Tribe elects to employ peace officers, all tribal peace officers shall undergo and pass the same course of training required of sheriff's deputies by South Carolina.
(2) The State, the Counties of York and Lancaster, and the Tribe shall enter into a cross-deputization agreement whereby tribal law enforcement officers are authorized to enforce state, county, and tribal law within the Reservation against members and nonmembers of the Tribe, and state and county law enforcement officers are authorized to enforce state, county, and tribal law within the Reservation against members and nonmembers of the Tribe. However, if the reservation is located in only one of the two counties, only the sheriff of that county shall enter into a cross deputization agreement as provided in this section.
HISTORY: 1993 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-100. Tribal ownership of realty outside Reservation.

(A) The Tribe may acquire parcels of real estate outside the Reservation in the manner provided by the federal implementing legislation and the Settlement Agreement. These parcels must not be part of the Reservation, governed by the special jurisdictional provisions set forth in this chapter, or subject to other special attributes on account of their ownership by the Tribe as a corporate entity or by the Secretary as trustee for the Tribe, except as provided in this section.
(1) If the ownership of the properties by the Secretary or the Tribe or a subentity of the Tribe removes the property from ad valorem taxation, payments must be made by the Tribe in lieu of taxation that are equivalent to the taxes that otherwise would be paid if the property were subject to levy.
(2) The Tribe may lease, sell, mortgage, restrict, encumber, or otherwise dispose of non-Reservation lands in the same manner as other persons and entities under state law. The Tribe as landowner shall be subject to the same obligations and responsibilities as other persons and entities under state and local law, including local zoning and land use laws and regulations.
(B) All non-Reservation properties and all activities conducted on the properties shall be subject to the laws, ordinances, taxes, and regulations of the State and its political subdivisions, except as specifically provided in this chapter and the federal implementing legislation. This general jurisdictional principle shall extend to non-Reservation properties held by the Tribe as a corporate entity and to properties held in trust by the United States designated as non-Reservation property when acquired. The laws, ordinances, taxes, and regulations of the State and its subdivisions shall apply to non-Reservation properties in the same manner as the laws, ordinances, taxes, and regulations apply to other properties held by non-Indians located in the same jurisdiction.
HISTORY: 1993 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-140. Applicability of later-enacted federal law; chapter invalid if entire federal implementing legislation judicially invalidated; construction as between chapter and Settlement Agreement; copies of Settlement Agreement available.

(A) The provisions of a federal law enacted after the date of enactment of the federal law implementing this agreement shall not apply in the State if the provision materially affects or preempts the application of the laws of the State, including application of the laws of the State to lands owned by or held in trust for Indians, Indian Nations, Indian tribes, or bands of Indians. However, the federal law shall apply within the State if the State grants its approval by a law or joint resolution enacted by the General Assembly of South Carolina and signed by the Governor.
(B) If the entire federal implementing legislation is rendered invalid by a court, this chapter is invalid.
(C) Whenever possible, this chapter must be construed in a manner consistent with the Settlement Agreement. If there is a conflict between this chapter and the Settlement Agreement, this chapter governs. The Settlement Agreement must be maintained on file and available for public inspection in the Office of the Secretary of State and in the offices of the Clerks of Court for York and Lancaster Counties. Copies must be made available upon request upon the payment of reasonable and normal copying fees.
HISTORY: 1993 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 16 - Catawba Indian Claims Settlement Act › Section 27-16-150. Tribe not required to pay fee in lieu of school taxes.

Notwithstanding any other provisions of law, the Tribe is not required to pay any fee in lieu of school taxes beginning with school years after 2007-2008.
HISTORY: 2019 Act No. 57 (H.3205), Section 1, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 18 - Uniform Unclaimed Property Act › Section 27-18-30. Property presumed abandoned; demand for payment not required.

(A) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of a holder's business and has remained unclaimed by the owner for more than five years after it became payable or distributable is presumed abandoned.
(B) Property is payable or distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment.
HISTORY: 1988 Act No. 658, Part II, Section 34A; 2011 Act No. 44, Section 6, eff June 7, 2011.
Editor's Note
2011 Act No. 44, Sections 1, 4, and 7, provide as follows:
"SECTION 1. The General Assembly determines it is in the best interest of South Carolina, the electric cooperatives, and their members to advocate energy efficiency and renewable energy initiatives in South Carolina.
"The General Assembly determines it is prudent to update and clarify procedures for South Carolina's electric cooperatives to contribute, allocate, and retire patronage capital.
"The General Assembly determines it is prudent to clarify that South Carolina's electric cooperatives may utilize the defense known as the "business judgment rule".
"The General Assembly determines it is in the best interest of South Carolina's electric cooperatives and their members that unclaimed patronage credits are hereafter exempt from the Uniform Unclaimed Property Act."
"SECTION 4. The General Assembly determines it is in the best interests of South Carolina, the telephone cooperatives, and their members to assist with educational, charitable, and economic development efforts in the rural areas of South Carolina.
"The General Assembly determines it is prudent to update and clarify the procedures for South Carolina's telephone cooperatives to contribute, allocate, and retire patronage capital.
"The General Assembly determines it is prudent to clarify that the "business judgment rule" applies to South Carolina's telephone cooperatives.
"The General Assembly determines it is in the best interest of South Carolina's telephone cooperatives and their members that unclaimed patronage credits are hereafter exempt from the Uniform Unclaimed Property Act."
"SECTION 7. This act takes effect upon approval by the Governor and applies to patronage capital determined to be unclaimed as of the effective date of the act."
Effect of Amendment
The 2011 amendment deleted subsection (C) relating to patronage allocations.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 18 - Uniform Unclaimed Property Act › Section 27-18-40. Conditions for taking custody of intangible unclaimed property.

Unless otherwise provided in this chapter or by other statute of this State, intangible property is subject to the custody of this State as unclaimed property if the conditions raising a presumption of abandonment under Sections 27-18-30 and 27-18-60 through 27-18-170 are satisfied and:
(1) the last known address, as shown on the records of the holder, of the apparent owner is in this State;
(2) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
(3) the records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(a) the last known address of the person entitled to the property is in this State; or
(b) the holder is a domiciliary or a government or governmental subdivision or agency of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4) the last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this State;
(5) the last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this State; or
(6) the transaction out of which the property arose occurred in this State and
(a)(i) the last known address of the apparent owner or other person entitled to the property is unknown, or
(ii) the last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property, and
(b) the holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
HISTORY: 1988 Act No. 658, Part II, Section 34A.