By Tim Smith CAPITAL BUREAU tcsmith@greenvillenews.com
COLUMBIA -- House lawmakers passed legislation Wednesday aimed at
protecting property owners from government seizure of their land and
requiring that they be compensated if a zoning change hurts their
property value.
One of the two measures approved would ask voters in November to
amend the state's Constitution in restricting how governments can
take property.
One of the most controversial features would allow property
owners to seek compensation from local governments if zoning action
devalued their property.
Lawmakers struck the provision from the constitutional amendment,
but later voted to include it in the statutory bill, despite
arguments that it would make local governments "pay through the
nose" and wreck the creation or expansion of historic districts.
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Lawmakers exempted utilities and electric cooperatives from the
compensation portion, the result of an amendment by Rep. Harry Cato
of Travelers Rest. The amendment passed despite charges by House
Majority Leader Jim Merrill and others that the proposal was the
result of "arm-twisting" by lobbyists.
The legislation must pass a third reading today before being sent
to the Senate, where past "takings" measures approved by the House
have died.
Gov. Mark Sanford praised the House for protecting property
owners.
"Protecting property that people have invested money, work and
time into over the course of many years is key to allowing families
to create wealth," he said.
The legislation comes after last summer's U.S. Supreme Court
ruling involving a case in which a city took property and then gave
it to a private developer saying the developed land would benefit
the public.
Greenville lawmakers said they don't believe Wednesday's
legislation, had it been in place at the time, would have had an
impact on the case of three South Main Street properties taken by
the city. The owners of those properties alleged their land was
taken to enhance a nearby private development. A jury awarded the
three $5.4 million, and the city recently agreed to pay $6.15
million.
City officials said they took the three properties to open up
access to the forthcoming riverside park from Main Street and from
Falls Park. Lawmakers said that would fit into the public use of
property allowed by the new legislation.
Lawmakers said the legislation passed Wednesday was necessary
because future courts in South Carolina might interpret current law
differently.
House Judiciary Committee Chairman James Harrison said the major
focus of the legislation was to define under what conditions
government agencies could take private land.
"We want to make it crystal clear that public use does not
include public benefit," he said.
Lawmakers proposed dozens of amendments to the bills, including
changes that would protect churches and sites listed on the National
Register of Historic Places. Much of the debate, however, had to do
with the proposal to grant property owners compensation if zoning
negatively affects their property.
Supporters of the measure say it would help level the playing
field between average landowners and government agencies whose
zoning actions hurt or restrict the use of land by owners.
"If government takes away your property, they should pay you for
it, no ifs, ands or buts," said Rep. Tracy Edge of North Myrtle
Beach and the bill's chief sponsor.
Opponents argued that the zoning-compensation proposal was driven
by big developers, and it would stop zoning because of its expense
and harm historic districts, which couldn't afford such
compensation.
"The gut issue is money," Rep. Walton McLeod, a Newberry County
Democrat, told House members. "If you want to protect your
community, there is no way you can support this takings
legislation."
But Rep. Joe Neal, a Hopkins Democrat who supports the proposal,
said he was there on behalf of "average, rural, poor, working
residents," whom he said have been "locked into poverty" by current
zoning actions.
"This is about justice, simple justice," he said.
The House voted not to include the measure in the constitutional
amendment. But attempts to strip it from the statutory bill later in
the day failed.
Rep. Lewis Vaughn of Greer, who switched his vote, said his vote
the first time was a mistake. He said he wasn't completely sure of
the measure when he voted to keep it out of the constitutional
amendment.
Other lawmakers also expressed confusion about the issue.
Rep. Wallace Scarborough, a Charleston Republican who led
opposition to the compensation proposal, said afterward that
supporters lobbied lawmakers over lunch. But he said many felt like
having the measure in a statute and not in the Constitution would
allow lawmakers to make changes if problems occurred.
Harrison said lawmakers wanted it in the state's Constitution to
protect it from future changes.
Scarborough said he worries about the effect of the legislation
on areas that have historic districts and on local governments.
"I believe we are letting these cities and counties down," he
said.
House Speaker Bobby Harrell, however, said the legislation is
good for property owners.
"This legislation makes it very clear that the government's power
to take private property is severely restricted," he said. |