(A)(1) Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey (SCGS) shall seek to clarify the county boundaries as defined in Chapter 3, Title 4. The SCGS shall analyze archival and other evidence and perform field surveys geographically to position all county boundaries in accordance with statutory descriptions. Physical and descriptive points defining boundaries must be referenced using South Carolina State Plane Coordinates.
(2) If there is a boundary dispute between two or more counties, the SCGS shall act as the mediator to resolve the dispute.
(3) Upon reestablishing all, or some portion, of a county boundary, the SCGS shall certify its work and within thirty days of that certification:
(a) provide copies to the administrator of each affected county;
(b) provide written notification to affected parties;
(c) provide notice and copies to the public through its official website and or other means it considers appropriate; and
(d) notify as it determines appropriate, other affected state and federal agencies.
(4) For purposes of item (1), a certification for all or some portion of a county boundary means a plat signed and sealed by a licensed South Carolina Professional Land Surveyor and approved by the Chief of the SCGS.
(B)(1) An affected party disagreeing with a boundary certified by the SCGS may file a request for a contested case hearing with the South Carolina Administrative Law Court according to the court's rules of procedure. An affected party has sixty calendar days from the date of a written notice sent to the affected party to file an appeal with the Administrative Law Court.
(2) As used in this subsection an "affected party" means:
(a) the governing body of an affected county;
(b) the governing body of a political subdivision of this State, including a school district, located in whole or in part in the certification zone;
(c) an elected official, other than a statewide elected official, whose electoral district is located in whole or in part in the certification zone;
(d) a property owner or an individual residing in the certification zone;
(e) a business entity located in the certification zone; or
(f) a nonresident individual who owns or leases real property situated in the certification zone.
(3) A "certification zone" means the actual territory in which the boundary certification changes from one affected county to another.
(4) The decision of the Administrative Law Court may be appealed as provided in Section 1-23-610.
(5) The certified county boundary plat described in subsection (A)(4) of this section takes effect for all purposes on the date provided in item (6).
(6) When the certified boundary plat is no longer subject to appeal, the SCGS under cover of a letter signed by the Chief of the SCGS shall provide an appropriate revised boundary map to the Secretary of State, the South Carolina Department of Archives, and the register of deeds in each affected county. The date of the SCGS director's cover letter is the date the revised boundaries take effect.
(7) When all portions of a county boundary are resolved, the SCGS shall prepare a unique boundary description for counties with boundaries affected by the operation of this section and forward that description in a form suitable for the General Assembly to amend county boundaries as described in Chapter 3, Title 4.
(C) Nothing in this section may be construed as limiting or in any way restricting the plenary authority of the General Assembly by legislative enactment to adjust or otherwise clarify existing county boundaries, however, these boundaries may have been established.
HISTORY: 1994 Act No. 497, Part II, Section 59A; 2014 Act No. 262 (S.988), Section 2, eff June 9, 2014.
Effect of Amendment
2014 Act No. 262, Section 2, rewrote the section.