Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Easements topic
No spam. Unsubscribe anytime.
Committee approves drainage-easement ordinances after debate over heirs’ property and ordinance requirement
Summary
Committee approved ordinances to accept small drainage easements needed for county maintenance, after legal counsel said property rights must be acquired by ordinance under South Carolina statute; members raised concerns about the burden on heirs’ property and older informal easements.
The Facilities and Safety Committee voted Monday to advance multiple ordinances to County Council to accept drainage easements necessary for routine stormwater maintenance, after staff and legal counsel explained state statute requires property-right acquisitions to be accepted by ordinance.
Staff described small easement requests — including one at Flamingo Cove that covers an existing underground pipe and another at 10 Quail Ridge Circle where silted drainage prevents conveyance — and explained the easements allow county crews to perform necessary pipe maintenance and restore conveyance during heavy rain events. Staff identified one property owner by name (Stephanie Nagin) who is conveying an easement in her personal capacity for the Quail Ridge parcel.
Several members expressed concern that requiring ordinances for easements could complicate maintenance on heirs’ property and for parcels with historical "handshake" agreements, noting heirs’ ownership and title issues may make conveyance more difficult. Legal counsel said the county sought an attorney-general opinion and is aligning practice to the statute requiring ordinances when the county acquires property rights; previously recorded easements remain valid if properly recorded.
Committee members who questioned the change said it could delay stormwater repairs for rural parcels whose ownership traces back many years; staff said each heirs’ property instance would be handled case by case but emphasized the ordinance route protects property owners’ rights and complies with state law.
Why it matters: The change formalizes a process that affects the county’s ability to access drainage lines and perform stormwater maintenance, with practical implications for rural residents, heirs’ property and long-standing informal easement arrangements.
Next steps: The ordinances advance to County Council for final action; staff said future easement situations involving heirs’ property would be reviewed individually to identify appropriate legal conveyance steps.
