Could the Ladies Island-St. Helena Fire District condemn property even though its creating act omitted that power?

Plain-English summary

An attorney asked whether the Ladies Island-St. Helena Fire District could condemn property even though its 1972 creating act did not expressly grant that power. In an October 2002 informal opinion, an Assistant Attorney General said the district appeared to have the power through a later act that extended general-law powers to special purpose districts created before March 1973. The conclusion depended on the 1981 act still being in force.

The letter explained that the general district law granted condemnation power, while the district's own creating act listed other powers without mentioning condemnation. It read the later 1981 act as bridging that gap. The author said he found no evidence of amendment or repeal of the 1981 act but had not performed a complete year-by-year review.

Currency note

This opinion was issued in 2002. 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 omission from the fire district's original act end the condemnation inquiry? A: No. The AG looked to a later act that permitted qualifying older districts to exercise powers granted by general law.

Q: What general law supplied the proposed condemnation power? A: The opinion identified Section 6-11-130 as granting district boards condemnation power.

Q: Did the AG confirm that the 1981 act was still effective? A: No. The conclusion was expressly conditional because the author had not completed a year-by-year amendment and repeal review.

Background and statutory framework

The letter described the district's 1972 creating act, the general condemnation grant in Section 6-11-130, and Act No. 31 of 1981's extension of general-law powers to qualifying special purpose districts. It treated the district's pre-1973 creation and assigned governmental functions as bringing it within the later act if that act remained valid.

Citations and references

• Section 6-11-130: general condemnation power for district commissioners.
• Act No. 31 of 1981: extension of general-law powers to qualifying older districts.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-31-2002-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02oct-31-gibson1.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATIORNEY GENERAL

October 31, 2002

James S. Gibson, Jr. Esquire
Post Office Box 40
Beaufort, South Carolina 29901-0040

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Re:

Ladies Island/St. Helena Fire District - Power of Condemnation

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Dear Mr. Gibson:
In a letter to this Office, you request an opinion on the following question: Does the Ladies Island/St. Helena Fire District have the power of condemnation pursuant to the provisions of Section 6-11-130 even though this power is not specifically addressed in the Act creating this district?

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By way of background, you included with your letter a copy of the Act which created the Ladies Island/St. Helena Fire District (Act No. 1727 of 1972) and you stated the following: Section 6-11-10 et seq of the Code of Laws of South Carolina for 1976, as amended, provides for the establishment of Special Purpose or Public Service Districts. Section 6-11-130 provides that such districts shall have the power of condemnation. When Ladies Island/St. Helena Fire District was created by Act No. 1727, a copy of which is enclosed, there was no mention under the powers and duties enumerated in Section 3 of the power of condemnation. LAW I ANALYSIS

S.C. Code Ann. §6-11-10 et. seq. provides that unincorporated areas of counties may establish special purpose or public service districts upon petition and popular election. These special purpose/public service districts are governed by a board which the General Assembly has, through specific statutory provisions, granted certain powers. As you note, Section 6-11-130 provides that "[t ]he boards of commissioners of the districts shall have power of condemnation." The Ladies Island-St. Helena Fire District was created by the General Assembly with the passage of Act No. 1727of1972. The Act became effective upon the Governor's approval in March
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REMBERT c. DENNIS Bull.DING •
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POST OFFICE Box I I 549

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COLUM BIA. S.C. 292 I 1-1549

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T ELEPHONE: 803-734-3970

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FACSIMI LE: 803-253-6283

Mr. Gibson
Page 2
October 31, 2002

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of 1972. Act 1727 creates the district, establishes a "board of fire control" to run the district, and sets forth the powers and duties of the board. The Ladies Island-St. Helena Fire District board of fire control is granted, among others, the power to purchase fire-fighting equipment, select sites for the storage of the equipment, select a fire chief and firemen, construct buildings to house the equipment, and to borrow money. The power of condemnation, however, is not specifically granted to the board of fire control through Act 1727. The answer to your question, whether the Ladies Island-St. Helena Fire District board of fire control possesses the power of condemnation based on the general grant of such power by Section 6-11-130, I believe, is found in an uncodified Act of the General Assembly passed in 1981. Act No. 31 of 1981 was passed by the General Assembly and approved by the Governor on April 9, 1981. While not codified, the Act is published as an "Editor's Note" in Section 6-11-60. Act No 31 provides in part as follows: Section 1. For the purposes ofthis Act, the term 'Special Purpose District' shall mean any district created by act of the General Assembly prior to March 7, 1973 and to which has been committed prior to March 7, 1973 any local governmental power or function.

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Section 3. Such special purpose districts may exercise any and all powers, duties and responsibilities granted to such special purpose districts in any act or acts of the General Assembly relating to the creation and establishment of the particular special purpose district and may exercise any and all powers granted to special purpose districts by general law heretofore or hereafter enacted. Given its date of creation and the governmental powers and functions granted to its board of fire control, it appears that Act No. 31 of 1981 is applicable to the Ladies Island-St. Helena Fire District. It further appears that Section 3 of Act No 31 grants to the district not only those powers enumerated in Act 1727, but also "all powers granted to special purpose districts by general law heretofore or hereafter enacted." Accordingly, it appears that the Ladies Island-St. Helena Fire District would possess the power of condemnation granted generally to such districts by Section 6-11-130. It must be noted that this conclusion is based on the continued viability of Act No. 31 of 1981. While no evidence has been found indicating amendment or repeal of the Act, a year-by-year analysis of the Acts and Joint Resolutions of the General Assembly has not been performed. CONCLUSION

Provided that Act No. 31 Of 1981 has not been amended or repealed, it is my opinion that the Ladies Island-St. Helena Fire District would possess the power of condemnation granted generally to such districts by Section 6-11-130.

Mr. Gibson
Page 3
October 31, 2002

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 question asked. It has not, however, been personally scrutinized by the Attorney General and not officially published in the manner of a formal opinion.

Assistant Attorney General
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