The department may issue to any person who applies for a lease or license granting a general right to dig, mine, and remove phosphate rock and phosphatic deposits from all the navigable streams, waters, and marshes belonging to the State and also from such of the creeks, not navigable, lying therein as may contain phosphate rock and deposits belonging to the State and not previously granted. Such leases or licenses may be for such terms as may be determined by the department. The annual report of the department to the General Assembly shall include a list of all effective leases and licenses. The department may make a firm contract for the royalty to be paid the State which shall not be increased during the life of the license. Provided, that prior to the grant or issuance of any lease or license, the department shall cause to be published a notice of such application in a newspaper having general circulation in the county once a week for three successive weeks prior to the grant or issuance. However, the lessee or licensee shall not take possession if there is an adverse claim and the burden of proving ownership in the State shall be placed upon the lessee or licensee.
HISTORY: 1962 Code Section 1-367; 1952 Code Section 1-367; 1942 Code Section 2214; 1932 Code Section 2214; Civ. C. '22 Section 151; Civ. C. '12 Section 144; Civ. C. '02 Section 137; R. S. 94; G. S. 67, 69, 70; 1878 (16) 781, 840; 1936 (39) 1386; 1937 (40) 100; 1963 (53) 204; 1965 (54) 279; 2014 Act No. 121 (S.22), Pt V, Section 7.M, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 7.M, substituted "department" for "board" throughout and made other nonsubstantive changes.
Structure South Carolina Code of Laws
Title 10 - Public Buildings and Property
Chapter 9 - Minerals And Mineral Interests In Public Lands
Section 10-9-10. Leases of gas, oil, and certain other minerals.
Section 10-9-20. Minimum royalty.
Section 10-9-35. Disposition of revenues received from offshore oil leases.
Section 10-9-40. Authority conferred by article is cumulative.
Section 10-9-120. Protection of the state's interest against adverse claimants.
Section 10-9-130. Department may issue leases or licenses; notice of applications.
Section 10-9-140. Department may grant or refuse application for license.
Section 10-9-150. Bond of licensee.
Section 10-9-160. Additional security to bonds may be required.
Section 10-9-170. Proceeding for relief of sureties; new bond and its effect.
Section 10-9-180. Power to fix and change rates for digging phosphate.
Section 10-9-190. Returns of rock mined; payment of royalty; rate of royalty.
Section 10-9-200. Comptroller General notified of licenses issued.
Section 10-9-210. Mining without license; penalty.
Section 10-9-220. Purchasing or receiving from unlicensed person.
Section 10-9-230. Penalty for violation of Section 10-9-220.
Section 10-9-240. Department may take measures to prevent interference, obstruction, or molestation.
Section 10-9-260. Interfering with State, department, or licensees; mining without license.
Section 10-9-270. Annual report to General Assembly.