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Subcommittee weighs amendment clarifying transit authorities’ eminent‑domain powers and DOT explains tolling limits
Summary
Senator Sutton proposed language to clarify regional transit authorities may acquire easements, rights‑of‑way or fee title under Title 28; DOT Secretary Powell and industry witnesses discussed tolling, managed lanes and public‑private procurement and emphasized that existing lanes would not be tolled without explicit legislative action.
Senator Sutton presented an amendment to Bill 8‑31 intended to clarify that regional transit authorities may acquire easements, rights‑of‑way or fee title under Title 28 for transportation projects, including stations, guideways, access improvements and stormwater work. "This clarifies that RTAs can acquire easements or right of ways," the senator said, emphasizing the amendment is meant to align practice with South Carolina Department of Transportation (SCDOT) precedent and not to change Title 28 procedures.
Industry witnesses pressed the subcommittee on tolling language and the statutory meaning of "facility." Rick Todd of the South Carolina Trucking Association asked whether designating a "facility" could allow tolling of existing lanes and whether private concessionaires could set toll methodology and rates under long concession agreements. "The wording is important," Todd said, urging clearer limits so concessionaires cannot argue they must toll all lanes to maximize revenue.
Secretary Powell of the Department of Transportation described the current statutory framework, noting enabling language in Title 12 and the turnpike statute (57‑3‑615). He said the existing statute limits tolls on facilities where federal funds impose constraints and that the only way to toll an existing facility is by explicit General Assembly action. Powell explained how a new alignment or a designated revenue‑generating "turnpike facility" can be structured and discussed procurement options for managed lanes or choice lanes, including requests for proposals that could include upfront availability payments or revenue sharing with private partners.
Powell said toll revenue for a designated facility is typically segregated to repay bonds or operate the facility, but that the State Fiscal Accountability Authority can approve linking projects where that makes sense. He also said the bill’s amendments can and should be refined to make the definitions and procurement safeguards clearer.
The subcommittee did not take a final vote on the amendment; members asked staff and DOT to work on more precise language following the hearing.
