(a) Each municipality is authorized to create one or more separate and distinct bodies corporate and politic to be known as a redevelopment commission of the municipality by the passage by the governing body of such municipality of an ordinance creating a commission to function within the territorial limits of the municipality or portion of the municipality; provided, however, no commission may be created with power over the same territorial area as any other commission. Notice of the intent to consider the passage of such ordinance shall be published at least fifteen days prior to first reading of the ordinance creating the commission.
(b) The governing body of a municipality shall not adopt an ordinance pursuant to subsection (a) above unless it finds:
(1) that a blighted area or conservation area exists in whole or in part in such municipality,
(2) that the redevelopment of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality.
(c) The governing body shall cause a certified copy of such ordinance to be filed in the office of the Secretary of State; upon receipt of the certified copy of such ordinance, the Secretary of State shall issue a certificate of incorporation.
(d) In any suit, action, or proceeding involving or relating to the validity or enforcement of any contract or act of a commission, a copy of the certificate of incorporation duly certified by the Secretary of State is admissible in evidence and is conclusive proof of the legal establishment of the commission.
HISTORY: 1984 Act No. 451, Section 4.
Structure South Carolina Code of Laws
Title 31 - Housing and Redevelopment
Chapter 10 - Community Development Law
Section 31-10-10. Short title.
Section 31-10-20. Definitions.
Section 31-10-40. Governance by commissioners or by governing body of parent municipality.
Section 31-10-50. Terms of office of commissioners; compensation; removal from office.
Section 31-10-80. Creation of joint redevelopment commission.
Section 31-10-90. Powers of redevelopment commission, in general.
Section 31-10-130. Additional powers of commission with respect to issuance of bonds.
Section 31-10-150. Notice of intent to issue bonds; challenge to issuance.