(A) Whenever an authority created pursuant to this chapter or Chapter 11 determines that real property acquired in accordance with this chapter, Chapter 10, or Chapter 11 of this title is surplus to its needs, it may so declare by resolution of its commissioners and proceed to sell the real property at public sale; provided that the sale has the prior approval of the council of the city for which the authority was created and that the approval by the council is given only after a public hearing on the proposed sale.
(B) As used in subsection (A), an authority's real estate shall not be considered "surplus to its needs" where the authority's commissioners have determined that, although the real estate is no longer needed for its original purpose, the real estate:
(1) is suitable for use by the authority for its other purposes or programs, including any home ownership program which provides for the sale of dwellings to persons of low income; provided that the home ownership program has received the prior approval of the council of the city for which the authority was created;
(2) is desired for use by another state or local public body for its own public projects or programs, and the authority's commissioners have determined that the real estate should be conveyed to the other public body; provided that the sale or exchange, with or without consideration, has received the prior approval of the council of the city for which the authority was created; or
(3) is permitted to be sold or exchanged by the laws of this State in the implementation of any slum clearance or redevelopment project; provided that the sale or exchange has received the prior approval of the council of the city for which the authority was created.
HISTORY: 1962 Code Section 36-127.1; 1975 (59) 580; 1998 Act No. 335, Section 1.
Structure South Carolina Code of Laws
Title 31 - Housing and Redevelopment
Chapter 3 - Housing Authorities Law
Section 31-3-30. Declaration of public interest.
Section 31-3-40. Cooperation of two or more housing authorities.
Section 31-3-310. Cities empowered to create housing authorities.
Section 31-3-320. Resolution of council required for creation of authority.
Section 31-3-330. Resolution conclusive as to establishment; certificate as evidence thereof.
Section 31-3-340. Commissioners.
Section 31-3-350. Compensation of commissioners.
Section 31-3-370. Removal of commissioners.
Section 31-3-380. Organization; quorum; officers and employees.
Section 31-3-390. Territorial jurisdiction.
Section 31-3-400. Extraterritorial powers.
Section 31-3-410. Public hearing and findings prerequisite to exercise of extraterritorial powers.
Section 31-3-430. Powers of authority vested in commissioners.
Section 31-3-440. General corporate powers.
Section 31-3-450. Specific powers with respect to projects, planning, and the like.
Section 31-3-460. Acquisitions by purchase or eminent domain.
Section 31-3-500. Disposition of surplus real property.
Section 31-3-510. Studies and investigations; dissemination of information.
Section 31-3-520. Power of examination; subpoenaing witnesses and production of books and records.
Section 31-3-530. Management and operation of housing projects; profits unlawful.
Section 31-3-540. Rental and tenant selections.
Section 31-3-545. Procedures for payment of rent.
Section 31-3-550. Foreclosure frees projects from restrictions.
Section 31-3-560. Protection of deposits.
Section 31-3-570. Tax exemption; payments in lieu of taxes.
Section 31-3-580. Projects subject to planning, zoning and other laws.
Section 31-3-590. Provisions affecting other public bodies not applicable.
Section 31-3-600. Books and records.
Section 31-3-710. Counties empowered to create housing authorities.
Section 31-3-720. Resolution of legislative delegation required for creation of authority.
Section 31-3-730. Functions, rights, powers, duties, and liabilities of authorities.
Section 31-3-740. Delegation and Senator authorized to perform functions of council and mayor.
Section 31-3-750. Territorial jurisdiction.
Section 31-3-760. Territorial jurisdiction of authority may include city.
Section 31-3-770. Creation of authority in excluded county.
Section 31-3-910. Creation of regional housing authorities.
Section 31-3-930. Findings prerequisite to creation of regional housing authority.
Section 31-3-940. Resolutions conclusive as to establishment; certificate as evidence thereof.
Section 31-3-960. Appointment of commissioners.
Section 31-3-970. Qualifications of commissioners.
Section 31-3-980. Terms of office of commissioners.
Section 31-3-990. Removal of commissioners.
Section 31-3-1000. Quorum; right to hold and location of meetings.
Section 31-3-1010. Area of operation.
Section 31-3-1020. Increase of area of operation.
Section 31-3-1040. Findings prerequisite to increase of area of operation.
Section 31-3-1060. Decrease of area of operation.
Section 31-3-1080. Findings prerequisite to decrease of area of operation.
Section 31-3-1120. Effect when area of operation is decreased to one county.
Section 31-3-1130. Disposition of property in excluded county.
Section 31-3-1140. Hearings prerequisite to creation or change of regional housing authority.
Section 31-3-1150. Functions, rights, powers, and duties of regional housing authority.
Section 31-3-1160. Books, records, and accounts open to inspection; reports.
Section 31-3-1310. Construction of terms in provisions relating to regional housing authorities.
Section 31-3-1320. Creation of consolidated housing authority.
Section 31-3-1330. Prerequisite to creation.
Section 31-3-1340. Applicability of provisions governing regional housing authorities.
Section 31-3-1350. Area of operation.
Section 31-3-1360. Functions, rights, powers, and the like of authority.
Section 31-3-1510. Loans or grants from Federal agencies.
Section 31-3-1520. Provisions in contracts with United States.
Section 31-3-1530. Agreement limiting powers in connection with governmental loans or grants.
Section 31-3-1540. Minimum wages and maximum hours.
Section 31-3-1550. Agreements for supervision and control of project by State or Federal Government.
Section 31-3-1560. Issuance of bonds; security therefor.
Section 31-3-1570. Terms of bonds; negotiability.
Section 31-3-1580. Provisions of bonds, trust indentures, and mortgages.
Section 31-3-1590. Covenant as to extent of area of operation.
Section 31-3-1600. Effect of recital in bond of purpose of issuance.
Section 31-3-1610. Tax exemption of bonds, notes, etc.
Section 31-3-1620. Sale of bonds.
Section 31-3-1630. Bonds or other obligations as investments.
Section 31-3-1650. Personal liability on bonds; bonds shall not constitute "indebtedness".
Section 31-3-1660. Remedies of obligee of housing authority.
Section 31-3-1670. Additional remedies conferrable on obligee.
Section 31-3-1680. Debt insurance.
Section 31-3-1690. Relationship with State Fiscal Accountability Authority.