Notwithstanding the provisions of Section 15-61-10, the right to compel judicial partition of lands may be waived by tenants-in-common owning land upon which is to be constructed or has been constructed an electric generating plant producing electric energy for sale or distribution within or without this State, provided the effective period of such waiver does not extend beyond the operating life of the generating plant. If notice is given by the recording of a deed or instrument of conveyance creating a tenancy-in-common and containing an expression of agreement to waive the right of judicial partition, then such agreement shall run with the land and shall be binding upon the heirs, successors and assigns of any tenant-in-common so bound. The power and right to enter into agreements to waive the right of judicial partition authorized by this section shall be in addition to any such powers and rights already authorized by the laws of South Carolina.
HISTORY: 1979 Act No. 176, Section 13.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Section 15-61-11. Waiver of partition of land which is site of electric generating plant.
Section 15-61-20. Only parties to proceeding are affected by partition.
Section 15-61-30. State as owner of escheated interest is not necessary party.
Section 15-61-40. Validation of certain titles.
Section 15-61-50. Jurisdiction to partition in kind or by sale.
Section 15-61-100. Sale may be ordered without writ upon testimony taken.
Section 15-61-110. Attorneys' fees.
Section 15-61-310. Short title.
Section 15-61-320. Definitions.
Section 15-61-340. Service of pleading; notice by publication.
Section 15-61-350. Sale may be ordered without writ upon testimony taken.
Section 15-61-360. Determination of value of property.
Section 15-61-370. Cotenant requesting partition by sale.
Section 15-61-380. Partition in kind or by allotment.
Section 15-61-390. Determination of manifest prejudice or injury to cotenants as a group.
Section 15-61-400. Sale of heirs' property; open-market sale; sale by sealed bids.
Section 15-61-410. Report of broker appointed to offer heirs' property for open-market sale.