Annexations

The Town of James Island remains committed to the return of the approximately 6,000 former residents who were left out of the current and final incorporation of the Town.     For this reason, the Town annexed six properties.  All of the annexed properties were included in the three previous incorporations of the Town and none have ever been in the City of Charleston.   Before they were annexed, they were in unincorporated Charleston County.  Further, none of the properties were in parts of the previous incorporations of the Town that the Supreme Court ruled were noncontiguous in 2011.

On April 1, 2013, South Carolina Secretary of State Mark Hammond wrote the Town that he had received notification of the six annexations.     Sixty days have passed, which is the period during which annexations may be contested.  South Carolina law gives standing to contest annexations to the property owners being annexed and the State.   No property owner contested an annexation, because each had asked to join the Town. 

South Carolina Attorney General Alan Wilson contested five of the six annexations on the grounds that they are not contiguous to the remainder of the Town.   The Attorney General has 90 days to file suit.   The Town has already contacted the Attorney General explaining that no lawsuit will be necessary and that we will come to an accommodation.

The Town annexed these properties only after receiving legal counsel.   We will explain our legal theory to the Attorney General, and ask whether it is in the public interest and the spirit of justice to bring suit against the Town.   However, we will defer to the Attorney General’s judgment.   The Town of James Island has never intended to fight the State of South Carolina.

The Town was surprised to receive notification that the City of Charleston intends to contest all of the annexations.   Some members of Town Council had hoped that since the properties were in areas that the City had not challenged in the past, that it would remain silent now.   Others were skeptical, expecting the City of Charleston to request that the Attorney General contest the annexations.

The City of Charleston did contact the Attorney General, but also threatened suit on its own.   James Islanders are very aware of the law regarding standing on annexations.   The Saint Andrews Public Service District challenged illegal annexations by the City of Charleston, and the Supreme Court ruled that only the property owner or the State could bring suit.    Does the City of Charleston really intend to ask the Supreme Court to reverse the law on standing to suit its interests? 

It is important for all James Islanders to understand that the Town is here to stay and the City of Charleston is not challenging the existence of the Town as it did three times before.   Further, the Town will seek an accommodation with Charleston’s Mayor and City Council.   We certainly do not want to waste money on legal wrangling.   However, we cannot simply accept the City’s novel position on standing.  

Based upon the annexation that the Attorney General reviewed but chose not to contest, the Town will be organizing a petition drive in the “West Fort Johnson Area,” which includes the Quail Run subdivision as well as Landsdowne, Hepburn, and Ronald Roads.    After the drive is complete, we intend to hold off on an annexation election until the legal situation is more settled.   We will be very happy to see the roughly 300 former citizens in that area returned to the Town.

The Town thanks Senator Paul Thurmond and Representative Peter McCoy for introducing legislation that will allow the Town to annex the remainder of the James Island Public Service District.    We request that Governor Haley and the South Carolina legislature promptly approve that amendment to the annexation laws of South Carolina.

We will be patient and we will be flexible.   But we will be persistent.  We will continue to work through a variety of means to bring back all of our former citizens.