Could Norway, South Carolina, provide police protection outside its town limits?

Plain-English summary

Norway's police chief asked whether the municipality could protect property outside its limits. The 2000 informal opinion pointed to two routes in the statute. Municipal officers could exercise their powers on property the municipality owned or controlled wherever it was located. A municipality also could contract with a public utility, agency or private business to provide police protection beyond its limits.

For contract protection outside town, the statute required a legal description of the served area to be filed with the State Law Enforcement Division, the county sheriff's office and the Department of Public Safety. The AG said the county sheriff ordinarily had jurisdiction outside municipal limits but that this express provision allowed the described arrangement if the filing requirements were met. It did not determine the ownership or contract terms of the particular property in the request.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later
AG opinions may have changed the analysis. Treat this page as historical context, not current
legal advice. Verify current law before relying on any specific rule, deadline, or remedy
mentioned here.

Common questions

Q: Could town officers act on town-owned property outside the town?
A: The quoted statute extended their powers to property the municipality owned or controlled wherever located.

Q: Could a private business contract for police protection outside town?
A: The AG said the statute allowed that route, with the served area's legal description filed with the specified agencies.

Q: Did the opinion displace the county sheriff's ordinary jurisdiction?
A: No. It recognized the sheriff's ordinary role outside municipal limits and identified an express exception allowing the municipal arrangement.

Background and statutory framework

The letter quoted Section 5-7-110 and applied its property and contract clauses to the chief's question. It distinguished the town's ordinary territorial limits from powers the legislature expressly extended.

Citations and references

• Section 5-7-110, municipal police authority and the outside-limits contract filing requirement.

Official title

Asking if the Municipality of Norway can provide police protection to certain property located outside the municipal limits.

Requester

James A. Preacher, Chief of Police, Norway Police Department

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-1-2000/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/00aug1preacher.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATTORNEY GENERAL

August 1, 2000
Jrunes A. Preacher, Chief of Police
Norway Police Department
P.O. Box 127
Norway, South Carolina 29113

Re: Informal Opinion
Dear Chief Preacher,
Thank you for your letter of May 30, 2000, requesting an opinion of this Office. You ask if the Municipality of Norway can provide police protection to certain property located outside the municipal limits. I have enclosed a copy of South Carolina Code of Laws Section 5-7-110, which states in pertinent part:

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Any such police officers shall exercise their powers on all private and public property within the corporate limits of the municipality and on all property owned or controlled by the municipality wheresoever situated; provided, that the municipality may contract with any public utility, agency, or with any private business to provide police protection beyond the corporate limits. Should the municipality provide police protection beyond its corporate limits by contract, the legal description of the area to be served shall be filed with the State Law Enforcement Division, the office of the county sheriff and the Department of Public Safety.

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;

Thus, although the county sheriff normally would have jurisdiction over the property located within the county but outside the city limits, see 1989 Op. Atty. Gen. No. 89-76, an express provision of S.C. Code Ann.§ 5-7-1l0 allows a municipality to enter into an arrangement with a private business or public agency to provide police protection outside the city limits, assuming all the filing requirements have been met. This letter is an informal opinion only. It has been written by a designated Senior Assistant Attorney General and represents the position of the undersigned attorney as to the specific question

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.1.4.Lt:~~:;RT_~:::l: .OING • POST OFFICE Box 11549 . • COLUMBIA. S.C 29211-1549 • TELEPHONE: 803-734-:<970 • FACSIMILE: 803-253-6283

Chief Preacher
Page 2 of2
August 1, 2000
asked. It has not, however, been personally scrutinized by the Attorney General not officially published in the manner of a formal opinion. With kind regards, I remain

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Robert D. Cook
Assistant Deputy Attorney General