District 2 land bill shelved

ROBERT W. DALTON, Staff Writer

COLUMBIA -- A showdown over nine acres of prime Boiling Springs property was put on hold Tuesday when state Rep. Ralph Davenport agreed to adjourn debate on a bill that would require Spartanburg School District 2 to transfer ownership of the land to the local fire district.

With District 2 Superintendent Scott Mercer and members of the school board looking on, Davenport agreed to shelve the bill until Feb. 28.

The land is located off Double Bridge Road, adjacent to the Boiling Springs Community Park. For several years, the school district has leased the land for $1 a year to the nonprofit organization that oversees the park.

Davenport, R-Boiling Springs, introduced the bill Thursday. While the ownership would be transferred to the fire district, Davenport said his intent is to divide the property and build a community center.

The community group has expressed interest in purchasing the property before, but the district has declined its offers. Davenport said the legislation was a way to get those involved to the table again, something that will take place at the school board's Feb. 21 meeting.

"We'll have a conversation and the board will make a decision," Mercer said. "We see it as a school board issue. It's not one representative's decision what we do with school district property."

Davenport said he decided it was time to force the issue because tension over the property had created a divide within the district.

"I know (school district officials) feel like I undercut them, and to a degree I did," Davenport said. "But that's a way things are done here sometimes."

Rep. Scott Talley, R-Moore, said he questioned the bill's legality. But he said his biggest concern was the impact the bill could have on personal property rights.

Davenport said his research indicated that he was on firm legal ground.

"There was a precedent where property was transferred," Davenport said. "It wasn't done in an aggressive manner as this, but it was done."

Rep. Bob Walker, R-Landrum, said he asked for the delay because he represents a portion of District 2, and he wants to hear from everyone involved. He said he's not sure if the proposal is legal, but said legislators sometimes introduce bills that are contrary to state law -- citing local legislation to forgive school days missed because of inclement weather.

"Nobody complains then," he said.

House Speaker Pro Tem Doug Smith, R-Spartanburg, said that Davenport has a right to introduce any legislation that he chooses. But he said the members of the county delegation recognize the potential impact of his proposal and agreed that a delay was needed.

"We all had a chance to express our concerns to Ralph about what he was trying to do," Smith said. "He responded by saying he was willing to adjourn debate until after the meeting in February, and I appreciate his willingness to do so."

Boiling Springs Fire District Chairman John Owens said that plans were in the works to move the fire department long before Davenport introduced the bill and considered purchasing land near the current station. But he said the fire district was on board with the idea of building a community center on the property.

"That's one of the reasons why we wanted to move, because we wanted the senior citizens center, or community center, and the fire department together," he said. "It's something a lot of people in Boiling Springs have wanted."

Davenport said he's hopeful that a resolution can be reached at the Feb. 21 meeting. If not, he's prepared to push forward with the bill.

"If the school district can convince the community that they need the property for future expansion, then I'll withdraw the bill," Davenport said. "Then we'll need to look at other avenues (for the community center)."

Mercer said he wasn't sure how the district would respond if Davenport continued to press the issue.

"We'll cross that bridge when we come to it," he said.

-- Staff writer Jessica L. DeVault contributed to this story.

Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.