How could a South Carolina town obtain annexation petition signatures for heirs property with unknown owners?

Official title

Concerning various issues related to the problem of how an annexation to a municipality may proceed if sufficient numbers of property owners cannot be located to sign an annexation petition and asking that the problem of signatures relative to “heirs property” be addressed.

Requester

The Honorable Lucille S. Whipper, Member, House of Representatives

Plain-English summary

A legislator asked how a municipal annexation petition could deal with heirs property when some owners could not be located or their ownership shares were unknown. In a 1995 informal letter supplementing an earlier opinion, the AG said the annexation law provided no alternative way to handle that uncertainty. The difficulty was identifying the owners and determining whose share made them eligible to sign.

The letter identified two possible ways to establish ownership, depending on the facts: probate of a deceased owner's estate or a Court of Common Pleas action to clear title. It also suggested that the legislature might address the problem. It did not decide who owned a particular parcel or say an annexation could proceed without the required signatures.

Currency note

This opinion was issued in 1995. 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 unidentified heirs be skipped for an annexation petition? A: The letter identified no statutory alternative for the signature problem. It said ownership first had to be determined to assess who was eligible to sign.

Q: What did the AG suggest when ownership was unclear? A: Depending on when the owner died, probate might establish ownership. An action to clear title in the Court of Common Pleas was another possibility.

Q: Did the letter resolve an individual parcel's ownership? A: No. It described the legal obstacle and possible court processes, without deciding any heir's share.

Background and statutory framework

The letter built on a September 1995 opinion about absent owners in annexation petitions. It focused on property passed through unprobated estates, sometimes for multiple generations, leaving the identity and shares of current owners uncertain.

Citations and references

The short letter referred to the earlier annexation opinion and described the ownership questions that had to be resolved before eligible owners could sign.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-30-1995-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/1995oct30whipper.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATIORNEY GENERAL

October 30, 1995

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The Honorable Lucille S. Whipper
Member, House of Representatives
Post Office Box 268
Mt. Pleasant, South Carolina 29465
RE: Informal Opinion
Dear Representative Whipper:
On September 28, 1995, an informal opinion was issued to you concerning various issues related to the problem of how an annexation to a municipality may proceed if sufficient numbers of property owners cannot be located to sign an annexation petition. In a subsequent telephone conversation, you asked that the problem of signatures relative to "heirs property" be addressed. Property often referred to as "heirs property" is property which at one time was owned by one or more individuals who have since died but whose estates were not probated for whatever reason, whose heirs took the property. Perhaps some of those heirs have since died, as well, with the effect that the property then passed to their heirs. The net effect is that some parcels of property may have many owners, many of whom may be unknown. The extent of ownership (whether it is one-tenth or greater), so as to make an individual eligible to sign an annexation petition, in many instances is unknown. The present state of the law relative to municipal annexation was stated in the earlier informal opinion. With respect to heirs property, the difficulty is in determining who the property owner is, so that one's eligibility to sign an annexation petition may then be determined. As this time, there is no alternative provided in the laws of this State, to deal with such a situation. One possible solution, depending on when a decedent died, might be to probate that individual's estate in Probate Court, to have the ownership of the property determined. Another possible solution would be to institute actions in the Rl.\IHFRT

c. Of'C'CIS BL ILDl\;G

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Posr OmcE Box 11549

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COLUMBIA. S.C. 29211-1549

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TELEPHONE:

803-734-3970

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FACSIMILE: 803-253-6283

The Honorable Lucille S. Whipper
Page 2
October 30, 1995
Court of Common Pleas to clear the titles to the parcels in question, to have determined the present owners of the parcels. Perhaps this is a matter which the General Assembly might wish to address by legislation. 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 questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion.

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With kindest regards, I am
Sincerely,

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Patricia D. Petway
Senior Assistant Attorney General

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