Could the Charleston County parks commission lease property under its enabling act?

Plain-English summary

A legislator asked whether the Charleston County Parks and Recreation Commission had authority to enter a lease agreement with the City of Charleston for the Charleston Maritime Center. The Assistant AG examined Act 1595 of 1972, which gave the commission power to acquire land or interests in land for county parks, tourist attractions, and similar facilities.

Relying on two prior office opinions and a municipal-law treatise, he reasoned that authority to acquire property by gift or purchase carried the lesser power to acquire a leasehold in such property. He therefore concluded the commission could acquire leasehold interests for the facilities described in its act. The brief letter addressed acquisition of a leasehold; it did not analyze every term of the Maritime Center agreement.

Currency note

This opinion was issued in 1997. 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: Did the enabling act expressly mention leases? A: The author quoted its power to acquire land or an interest in land and reasoned that a leasehold was included as a lesser power.

Q: Was the conclusion tied to any purpose for the property? A: Yes. The quoted power concerned land for county parks, tourist attractions, and similar facilities.

Q: Did the letter review the lease terms for the Maritime Center? A: No. It answered the general authority question rather than evaluating particular contract clauses.

Background and statutory framework

Act 1595 of 1972 granted the commission authority to acquire land or interests in land for specified public facilities. The author cited AG opinions dated July 31, 1985 and August 3, 1966 for the proposition that an acquisition power encompasses a leasehold.

Citations and references

Enabling act discussed: Act 1595 of 1972. Prior AG opinions: July 31, 1985; August 3, 1966.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-1-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/97july1seithel.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON

ATIORNEY GENERAL

July 1, 1997

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The Honorable Lynn Seithel
Member, House of Representatives
980 Travers Drive
Charleston, South Carolina 29412
Re:

Informal Opinion

Dear Representative Seithel:
Attorney General Condon has forwarded your opinion request to me for reply. You have informed this Office that the Charleston County Parks and Recreation Commission (hereinafter the "Commission") has entered into a lease agreement with the City of Charleston for the Charleston Maritime Center. You ask for an opinion of this Office regarding• whether the Commission is authorized by its enabling legislation to enter into lease agreements. You note that the Commission was created by the General Assembly pursuant to Act 1595 of 1972. This Act sets forth the numerous powers granted to the Commission. Included among these powers is the power "[t]o acquire, by gift or purchase, lands or interest thereon whereupon to establish county parks, tourist attractions and other facilities of like nature." It is well settled that the authorization given to a body such as the Commission to acquire property by purchase or otherwise includes the lesser power to acquire a leasehold in such property. QQ.AttY.Gen. dated July 31, 1985; QQ.AttY.Gen. dated August 3, 1966; 56 Am.Jur.2d Municipal Corporations § 540 (1971 ). Accordingly, since the General Assembly has granted the Commission the power to acquire, by gift of purchase, lands or interest thereon whereupon to establish county parks, tourist attractions and other

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PosTOFFICE Box 115-t9

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TELEPHONE: 803-73-t-3970

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Representative Seithel
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July 1, 1997
facilitates of like nature, the Commission also possesses the lesser included power to acquire a -leasehold in such properties. 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 published1n the manner of a formal opinion. 1

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With kindest regards, I remain
Very truly yours,

1?1 i. (.J

Paul M. Koch
Assistant Attorney General

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