Could the Florence County Fire Board hold title to land in its own name?

Plain-English summary

In 1999, the Florence County Fire Board asked whether real estate could be titled in the board's name or had to be titled in an individual fire department's name. The Attorney General's office examined the district's creating act. It found express powers to buy firefighting equipment, select sites for it, and build structures to house it, but no express grant to own land or hold title.

The assistant attorney general thought a court might infer land ownership from the power to build equipment housing. He had found no South Carolina case or earlier AG opinion resolving this district's question, so he did not claim that the implied power was certain. The letter suggested seeking a declaratory judgment for a final answer. It did not decide how title should be held.

Currency note

This opinion was issued in 1999. 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

Did the Fire Board's enabling act expressly authorize it to own land? A: No. The AG found no express power to have property titled in the district's name.

Why did the AG think ownership might still be possible? A: The act authorized the district to select equipment sites and construct buildings for equipment. The opinion said a court might find that building power necessarily included buying and owning the land beneath those buildings.

Did the opinion require title in an individual fire department's name? A: No. The office did not settle either possible title arrangement. It said the district's implied ownership power was uncertain.

How did the opinion propose resolving the uncertainty? A: It suggested a declaratory judgment so a court could decide the title question with finality.

Background and statutory framework

Act No. 1817 of 1972 created the fire district. The opinion quoted Section 3 of that act for equipment purchasing, site selection, and building construction. It discussed implied governmental powers but could not identify controlling South Carolina authority on this particular question.

Citations and references

Act: Act No. 1817 of 1972, Section 3.

Official title

Asking “Can the Florence County Fire Board have real estate property titled in their name or should property be title in the individual fire department’s name?”

Requester

Warren E. Coker, Chairman, Florence County Fire Board

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-16-1999/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/99aug-16-coker.pdf

Original opinion text

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The State of South Carolina

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OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

August 16, 1999

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Warren E. Coker, Chairman
Florence County Fire Board
401 E. Glendale Drive
Florence, South Carolina 29506-8604

RE:

Informal Opinion

Dear Mr. Coker:
Your opinion request has been forwarded to me for reply. You have asked the following question: "Can the Florence County Fire Board have real estate property titled in their name or should property be titled in the individual fire department's name?"

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To answer your question, attention must be focused on the Fire District's enabling legislation. The Fire District was created by Act No. 1817 of 1972. The legislation establishes a board to govern the district and sets forth the board's powers. The powers of the Fire Board are found in Section 3 of the Act and include the following: (a)

To buy such fire-fighting equipment as the board deems
necessary for the purpose of controlling fires within the district.

(b)

To select additional sites or places within the area where the fire-fighting equipment shall be kept.

(g)

To construct, if necessary, buildings to house the equipment authorized herein.

~~·~:;;;;;;,NG • POST OFFICE Box 11549 • COLUMBIA. s.c. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

Mr. Coker
Page2
August 16, 1999

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As you can see, the enabling legislation does not expressly grant the Fire Board the power to have real estate titled in its name, i.e., own the property. However, it may be argued that this power is implied from the powers found in the Act. See Flowe & Sons. Inc. v. Christopher Const. Co., 326 SC 17, 482 S.E.2d 558 (1997)( citing S.C.Const. art. VIII, § 17); Op. Am:. Gen. dated March 10, 1986 (discussing implied powers). One commentator has concluded that the power to erect a courthouse or jail, or both, necessarily embraces the power to purchase lands on which to erect them. McQuillin, Municipal Corporations, § 28.02 (3rd ed. revised). Similarly, the Fire District is granted the power to construct buildings to house the equipment authorized in the act. If a court were to address this issue, it may very well conclude that the Fire Board's power to construct buildings to house equipment necessarily embraces the power to purchase and own the lands on which the to erect them. I must caution that I have been unable to locate any South Carolina cases or prior Attorney General opinions on your question. Therefore, I cannot state with certainty that the power to have real estate titled in the Fire District's name is implied from the powers granted to the Fire District. That being the case, you may want to seek a declaratory judgment to resolve this issue with finality.

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This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With best personal regards, I am Sincerely yours,

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Paul M. Koch
Assistant Attorney General