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| Monday, Feb 10, 2003 |
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Posted on February 08, 2003 Legislature mullls property rights law changes The Associated Press Property owners would be able to seek mediation rather than take years in court fights over zoning laws under legislation the Senate Judiciary Committee is considering. Landowners, environmental groups, municipal lobbying organizations and legal experts helped draft the legislation. The bill gives landowners a clear path to pre-litigation mediation before zoning challenges are tried in court. Cases going to court can take two years to reach trial, but mediation can take less than 60 days. Under the bill, landowners could appeal the mediation decision to circuit court. While mediation over zoning matters is desirable, Rock Hill Mayor Doug Echols worries some legislators might try to extend the process to other planning decisions, which could have a paralyzing effect. "The system works pretty good in most cases," he said. "We don't want to make it more difficult. We don't want to undermine it." The legislation also calls for people on zoning boards and employees to complete a six-hour orientation and an annual three-hour continuing education course. "The main concern we have is that in many smaller communities they have a hard time right now finding people to serve on those boards and commissions," South Carolina Municipal Association lobbyist Gary Cannon said. "It takes a lot of time and they have to make some tough decisions," Cannon said. The training requirement could make that more difficult, he said. Echols says his board members go through an orientation program that would meet the bill's requirements. "But across the board, it will be much more difficult for smaller cities to get those types of programs in place without it being cost prohibitive," he said. The legislation has been in the works for years and Sen. Larry Martin, R-Pickens and the property rights task force chairman, said he is confident the bill will be approved by the Judiciary Committee next week and sent to the Senate floor for debate. Information from: The Herald |
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