McCoy Files SC House Bill 3661--Opportunity to Reunite the Town

Representative Peter McCoy filed House Bill 3661 in Columbia Thursday. This proposed change in South Carolina annexation law would create an opportunity to reunite the Town of James Island. Similar to a bill filed last session, it clarifies the definition of "contiguity."

If a unincorporated property or area is in the same special purpose district as a municipality and it would be contiguous with the municipality but for a break in the contiguity of the special purpose district, then the property or area would be considered contiguous to the municipality. This only applies if the municipality is entirely within the special purpose district and the special purpose district has an elected governing body.   Contiguity is important because it is a requirement to allow for annexation.

The Town is entirely within the James Island Public Service District (JIPSD) which has an elected Commission.  There are breaks in the contiguity of the JIPSD created by strings of properties annexed by the City of Charleston.  

At least some of those annexations were aimed at breaking up James Island to prevent the formation of a Town.   That effort failed, however, some parts of James Island that were in the Town in 2011 were unable to vote in the incorporation election and be included in the Town in 2012. 

This clarification of contiguity would make unincorporated properties or areas on James Island contiguous to the Town if they are directly across one of the areas annexed by the City of Charleston. If the McCoy bill becomes law, an individual property owner in the unincorporated area of James Island could petition Town Council to annex--to join the Town.   But they could only do so if they are next to an area annexed to the City and on the other side of that City area is an area already in the Town.    

It would also be possible for an entire neighborhood to annex to the Town.   If the neighborhood is next to a City area and on the other side of that City area is an area in the Town, then it would be possible to hold an annexation election.   This would require 25% of the registered voters in the neighborhood to sign a petition. Then the Charleston County Election Commission would hold an election.  If the majority of those voting wanted to join the Town, then that neighborhood would return to the Town.   

The effect of this change in annexation law would allow people in the unincorporated area of James Island to choose between joining the Town of James Island or the City of Charleston on an equal basis.   All of those who would become contiguous to the Town because of this law are already contiguous to the City of Charleston and can annex to the City of Charleston if they want.   Few choose to annex to the City.

I greatly appreciate Representative McCoy's faithful support of the effort to provide an opportunity for all of those former Town residents who were left out of the incorporation election of 2012 to also have a chance to vote whether they want to return to the Town.

While there has always been strong support on Town Council for the goal of reuniting the Town, there have been few opportunities for Council to go on record with a vote.  Also on Thursday, Town Council voted 4 to 1 for a resolution endorsing the McCoy bill.   Joining me in support were Councilmen Blank, Mullinax, and Stokes.   The sole vote in opposition was Councilman Milliken.

   

The Town's resolution asks all of the Representatives and Senators with districts that include parts of James Island to join Representative McCoy in helping pass this needed change in South Carolina law.    Representative Stavrinakis and Senator Senn and Senator Campsen each represents parts of James Island, including unincorporated areas. 

Do you live on James Island?   Do you want an opportunity to vote to join the Town?   Contact your Senator and Representative.  And give Representative Peter McCoy a big thank you for supporting the right of James Islanders to choose.