More Good News--HB 3661 Passes House Judiciary Committee

The South Carolina House Judiciary Committee unanimously approved House Bill 3661 yesterday, Wednesday, March 27.    Committee Chair Representative Peter McCoy gave a straightforward explanation of the bill and the situation on James Island.   Please thank Representative McCoy.

The bill was amended to require that any area annexed under this bill that has a bill board, then that bill board must be allowed to remain.   While I don't see this as an especially desirable provision,  It is not a major concern on James Island.

To become law, the bill must pass the full House.   Senator Campsen filed S. 669 which is a companion bill.  It is now at the Senate Judiciary Committee.  This bill must also pass the South Carolina Senate, which is always been more difficult.  Finally, it must be signed by the Governor.

Once the bill becomes law, then the Town can annex unincorporated properties that are directly across areas that have been annexed by the City of Charleston.

The map below shows one example on James Island.  The golden area is the Town of James Island.   The pink area is the City of Charleston.   The City's annexation has entirely surrounded the three unincorporated parcels that are in gray.   If HB 3661 (and S. 669) become law then any of the homeowner in this unincorporated area could petition to annex to the Town.    If Town Council approves, then some or all of these properties would return to the Town.   (All three of these properties were in the Town in 2011.   One of their neighbors annexed to the City of Charleston between 2011 and 2012, which cut them off from the rest of the Town.)

Under current annexation law, the homeowners can annex to the City of Charleston, because they are contiguous (next) to the various pink parcels in the City of Charleston.   They cannot annex the Town of James Island because they are entirely surrounded by parcels in the City of Charleston and so do not touch on any of the gold parcels currently the the Town.    

If HB 3661 becomes law, because the entire Town is within the James Island Public Service District and these three parcels are also in the James Island Public Service District, and further, because the James Island Public Service District has an elected governing board, then they may annex to the Town over the break in the contiguity of the James Island Public Service District created by the City parcels that surround them.

Under both current law and HB 3661, they can remain unincorporated.   So, the change is that rather than having the option of remaining unincorporated or joining the City of Charleston, they would have a third option of joining the Town of James Island.