[{"_1":2,"_95":-5,"_96":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,85],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":-5,"_54":55,"_56":57,"_58":59,"_60":61,"_62":63,"_64":65,"_66":67,"_68":69,"_70":71,"_72":73,"_74":73},"mediaId",6103272,"mediaKeyId","2798307-dd5a2d03cace512ee78d750478741410","parentId",2798307,"title","Panel backs extending rule against perpetuities from 90 to 360 years in estate-law change","audioSeconds",381,"startMs",780000,"endMs",1161000,"viewUrl","/Search/View?dp=1&key=2798307-dd5a2d03cace512ee78d750478741410&start=780&end=1161","thumbnailUrl","https://d352y6ypj4mjo3.cloudfront.net/AudioPlaceholder.png","articleUrl","/articles/6103272/South-Carolina/Panel-backs-extending-rule-against-perpetuities-from-90-to-360-years-in-estate-law-change","mediaUrl","author","South Carolina Legislature","date","2025-03-27T00:00:00Z","article","House Bill 3432, concerning the uniform statutory rule against perpetuities, received a favorable report from the Senate Judiciary Subcommittee after staff explanation and testimony from the probate bar's legislative committee.

Paula (staff member) described the bill as an amendment to the uniform statutory rule against perpetuities that would extend the period upon which a nonvested property interest must vest from 90 years to 360 years. She said a law clerk had provided members with a comparative list showing a national trend toward longer perpetuity periods.

Marshall Minton, chair of the legislative committee of the Probate, Estate Planning and Trust Section of the South Carolina Bar, testified that the change would make South Carolina more competitive for establishing long-term or \"dynasty\" trusts. \"We have a lot of clients right now that are waiting to create these trusts. They're dynasty trusts,\" Minton said, and added that some clients delay creating trusts until the state law is changed. She also noted North Carolina has abolished the rule entirely and that other states have adopted longer terms; the committee discussed why 360 years was chosen as a multiple of 90 years and as a point of conformity with other jurisdictions.

Committee members asked about the policy rationale and whether prior trusts would be able to benefit from a change; Minton said the bill, as written and modeled on other jurisdictions' changes, would likely be useful for trusts created prior to the effective date. The subcommittee recorded a favorable report by voice vote and said it would forward the bill to the full Judiciary Committee; the transcript does not include a roll-call tally.","mediaType","Audio","parentTitle","Senate Judiciary Committee March 27, 2025","oneSentenceSummary","The Senate Judiciary Subcommittee voted to report House Bill 3432 favorably; the bill would extend the statutory rule governing when future property interests must vest from 90 years to 360 years, a change supporters said would encourage dynasty trusts and keep trust business in-state.","taxTitle","Judiciary, Standing, Senate, Committees, Legislative, South Carolina","taxId",17641,"location","South Carolina","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":50,"_51":82,"_53":-5,"_54":55,"_56":57,"_58":83,"_60":61,"_62":63,"_64":84,"_66":67,"_68":69,"_70":71,"_72":73,"_74":73},6103277,"Subcommittee backs raising small-estate affidavit threshold from $25,000 to $45,000",164,598000,762000,"/Search/View?dp=1&key=2798307-dd5a2d03cace512ee78d750478741410&start=598&end=762","/articles/6103277/South-Carolina/Subcommittee-backs-raising-small-estate-affidavit-threshold-from-25000-to-45000","House Bill 3472, which would raise the small-estate affidavit limit from $25,000 to $45,000 and make conforming changes in the probate code, received a favorable report from the Senate Judiciary Subcommittee after testimony from the probate bar.

Paula (staff member) told the committee the bill \"would amend the probate code to increase the limit for small estates in their summary procedure from 25,000 to 45,000, and then it would make conforming changes throughout that part of the probate code.\" Marshall Minton, chair of the legislative committee of the Probate, Estate Planning and Trust Section of the South Carolina Bar, testified in support and described practical effects for families and courts: \"Oftentimes, we have a car that's left in the estate, and we have to get that car probated, because our cars are more expensive now. And so this just helps alleviate the burdens of having a full probate.\" She added that probate courts are \"inundated\" and that raising the threshold would ease administrative strain.

Committee members indicated support; the subcommittee recorded a favorable report by voice vote and moved the bill to the full Judiciary Committee. The transcript records the vote as \"aye\" without a roll-call tally.","The Senate Judiciary Subcommittee voted favorably on House Bill 3472 to raise the small-estate affidavit threshold in the probate code from $25,000 to $45,000, a change supporters said would reduce family burdens and ease pressure on probate courts.",{"_33":86,"_35":36,"_37":38,"_39":87,"_41":88,"_43":89,"_45":90,"_47":91,"_49":50,"_51":92,"_53":-5,"_54":55,"_56":57,"_58":93,"_60":61,"_62":63,"_64":94,"_66":67,"_68":69,"_70":71,"_72":73,"_74":73},6103283,"Senate panel gives favorable report to bill allowing transferable development rights",735,23000,758000,"/Search/View?dp=1&key=2798307-dd5a2d03cace512ee78d750478741410&start=23&end=758","/articles/6103283/South-Carolina/Senate-panel-gives-favorable-report-to-bill-allowing-transferable-development-rights","Senate Bill 288, which would authorize local governments to adopt ordinances allowing voluntary transfers of development rights between parcels, received a favorable report from a Senate Judiciary Subcommittee following testimony and brief questions.

The bill would permit a local government, by ordinance, to allow transferable development rights (TDRs) so that development rights from a \"sending\" parcel can be sold and recorded to a \"receiving\" parcel; the sending parcel would be restricted to prevent future development. Paula (staff member) described the measure to the subcommittee as a local-authority, enabling statute: \"This bill would allow local governments to provide by ordinance for voluntary transfers of developmental rights from 1 parcel of land, which would be called the sending property, to another parcel of land, the receiving property.\" Paula also said the transfer \"would be conveyed with the property and would restrict development in the future.\"

Zack Buier, land, water and ocean project manager for Conservation Voters of South Carolina, testified in support and framed TDRs as a market-based tool to protect landscapes without relying solely on government purchases of land. \"In effect, it'll work like a conservation easement, on that land in perpetuity,\" Buier said, adding that the model directs private investment into land protection rather than relying only on taxpayer-funded acquisition. He described the bill as permissive — no locality would be compelled to adopt a TDR program — and said it provides guardrails and legal clarity for local governments that want to establish such programs.

Committee members asked procedural and practical questions, including how a transferred development right affects the residual value of the underlying parcel and whether existing local ordinances would be affected. Paula noted the bill would not disturb transfers already made under local ordinances and listed localities she said already have transfer ordinances: Beaufort County, Bluffton, Daufuskie Island, Greenville and Richland. A committee member from Greenville observed that Greenville's program was established in 1985 and, like many TDR programs, had a natural lifecycle tied to supply and demand.

The subcommittee voted to give Senate Bill 288 a favorable report and said it would be reported to the full Judiciary Committee. The transcript records a voice vote and the clerk recorded the item as receiving a favorable report; the transcript does not include a roll-call tally.","A Senate Judiciary Subcommittee gave Senate Bill 288 a favorable report after testimony that the bill would authorize local governments to adopt voluntary transferable-development-rights (TDR) programs to steer development and protect land.","actionData","errors"]

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Panel backs extending rule against perpetuities from 90 to 360 years in estate-law change

Subcommittee backs raising small-estate affidavit threshold from $25,000 to $45,000

Senate panel gives favorable report to bill allowing transferable development rights