South Carolina Code of Laws
Chapter 17 - Drainage Or Levee Districts Under 1911 Act
Section 49-17-1400. Lien of assessment; remedies on default.

This assessment shall constitute the first and paramount lien, second only to State and county taxes, upon the lands assessed for the payment of the bonds and the interest thereon as they become due and shall be collected in the same manner by the same officers as the State and county taxes are collected. If any installment of the principal or interest represented by the bonds shall not be paid at the time and in the manner when it shall become due and payable and such default shall continue for a period of six months the holder or holders of such bond or bonds upon which default has been made may have a right of action against the drainage district or the board of drainage commissioners of the district and any judge of the court of common pleas may issue a writ of mandamus against the drainage district, its officers, including the governing board of the county, auditor or treasurer, directing the levying of a tax or special assessment as herein provided and the collection thereof, in such sum as may be necessary to meet any unpaid installments of principal and interest and cost of action. And such other remedies are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law and the right of action is hereby vested in the holder or holders of such bond or bonds upon which default has been made authorizing them to institute suit against any officer on his official bond for failure to perform any duty imposed by the provisions of this chapter. The obligors and sureties on the official bonds of the members of the governing body of the county and the county treasurer shall be liable for the faithful performance of the duties herein assigned such officials.
HISTORY: 1962 Code Section 18-300; 1952 Code Section 18-300; 1942 Code Section 6129; 1932 Code Section 6129; Civ. C. '22 Section 3183; Civ. C. '12 Section 2229; 1911 (27) 92; 1917 (30) 335; 1918 (30) 767.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 49 - Waters, Water Resources and Drainage

Chapter 17 - Drainage Or Levee Districts Under 1911 Act

Section 49-17-10. Legislative declaration of public interest.

Section 49-17-20. Chapter to be liberally construed.

Section 49-17-30. Proceedings may be ex parte or advisory.

Section 49-17-40. Effect of chapter on local drainage laws.

Section 49-17-50. Drainage record.

Section 49-17-210. Powers of clerk of court.

Section 49-17-220. Initiation of proceedings.

Section 49-17-230. Effect of lands being in more than one county.

Section 49-17-240. Service of process.

Section 49-17-250. Appointment of board of viewers.

Section 49-17-260. Board of viewers may borrow expense money; payment of expenses.

Section 49-17-270. Preliminary report of board of viewers.

Section 49-17-280. Dismissal of petition if report is unfavorable; new proceedings.

Section 49-17-290. Hearing ordered if report is favorable.

Section 49-17-300. Notice of hearing.

Section 49-17-310. Hearing; action on preliminary report.

Section 49-17-320. Establishment of district.

Section 49-17-330. Right of appeal.

Section 49-17-510. Requirement of complete survey, plans, and specifications; report.

Section 49-17-520. Making complete survey; accompanying documents.

Section 49-17-530. Assessment of damages.

Section 49-17-540. Classification of land according to benefits.

Section 49-17-550. Scale of assessment against land in different classes.

Section 49-17-560. Notice when improvement crosses railroad.

Section 49-17-570. Agreement with railroad; determination if unable to agree; assessment of damages and benefits.

Section 49-17-580. Account of cost of survey.

Section 49-17-590. Delay; extension of time.

Section 49-17-600. Filing and acceptance or reference back of final report.

Section 49-17-610. Notice of hearing on final report; copy available for inspection.

Section 49-17-620. Notice of final hearing to and participation by railroad.

Section 49-17-630. Making additional landowners parties.

Section 49-17-640. Action on final report.

Section 49-17-650. Appeal.

Section 49-17-810. Appointment of drainage commissioners; vacancies.

Section 49-17-820. Commissioners as a body corporate; name and powers.

Section 49-17-830. Officers; seal.

Section 49-17-840. Superintendent of construction.

Section 49-17-850. Removal of engineer and others for cause.

Section 49-17-860. Compensation of commissioners.

Section 49-17-870. Fees of county officers.

Section 49-17-880. Compensation, fees, and expenses generally.

Section 49-17-1010. Notice of letting contract for improvement.

Section 49-17-1020. Letting contract; rejection of bids.

Section 49-17-1030. Contract and bond of successful bidder.

Section 49-17-1040. Entry on lands by contractor; removal of bridges, fences, or timber.

Section 49-17-1050. Land needed but not affected may be condemned.

Section 49-17-1060. Costs and assessments when highways are affected.

Section 49-17-1070. Plans for time and manner of crossing railroad right of way.

Section 49-17-1080. Work of crossing railroad right of way.

Section 49-17-1090. Bill of expenses of railroad company.

Section 49-17-1100. Outlet for lateral drains.

Section 49-17-1110. Joining with border state in work.

Section 49-17-1120. Contract, costs and procedure where work is joined in by border state.

Section 49-17-1130. Failure of contractor; reletting contract.

Section 49-17-1140. Payment for work done.

Section 49-17-1310. Assessment and tax roll.

Section 49-17-1320. Payments to be made in one installment.

Section 49-17-1330. Notice of proposed bond issue.

Section 49-17-1340. Effect of proposed bond issue on assessed landowners.

Section 49-17-1350. Issuance of bonds.

Section 49-17-1360. Terms of bonds.

Section 49-17-1370. Sinking fund.

Section 49-17-1380. Use, numbering, and record of bonds.

Section 49-17-1390. Payment of interest on bonds.

Section 49-17-1400. Lien of assessment; remedies on default.

Section 49-17-1410. Defects that do not defeat assessment.

Section 49-17-1420. Change of assessment; relevy.

Section 49-17-1430. Federal aid.

Section 49-17-1610. Funds to be deposited with county treasurer.

Section 49-17-1620. Disbursement of funds on warrant of board of drainage commissioners.

Section 49-17-1630. Issuance of warrants.

Section 49-17-1640. Assessment rolls.

Section 49-17-1650. Collection of assessments.

Section 49-17-1660. Proceedings upon default in payment of assessments.

Section 49-17-1670. Adjustment of assessments upon lands transferred or conveyed.

Section 49-17-1680. Correction of assessment books.

Section 49-17-1690. Fees of auditor and treasurer.

Section 49-17-1700. Assessments of less than twenty-five dollars payable in cash.

Section 49-17-1710. Extension of time for payment of assessment.

Section 49-17-1810. Control and supervision after completion; rights of cities and towns.

Section 49-17-1820. Repairs.

Section 49-17-1830. Penalties for injury to drainage works.