South Carolina Code of Laws
Chapter 17 - Drainage Or Levee Districts Under 1911 Act
Section 49-17-220. Initiation of proceedings.

Whenever:
(1) A petition, signed by a majority of the resident landowners in a proposed drainage district or by the owners of more than half the land in acreage which will be affected by, or assessed for the expense of the proposed improvements, shall be filed in the office of the clerk of court of common pleas of any county in which a part of such lands are located, setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation and the public benefit or utility or the public health, convenience or welfare will be promoted by draining, ditching or leveeing such land, by changing or improving the natural watercourses or by the installing of tile systems, and setting forth therein, as far as practicable, the starting point, route and terminus and lateral branches, if necessary, of the proposed improvement and
(2) There is filed therewith a bond for the amount of one hundred dollars per mile for each mile of the proposed improvement, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk of such court of common pleas, conditioned for the payment of all expenses and costs incurred in the proceedings in case the clerk of court does not grant the prayer of the petition,
The clerk shall issue a summons to be served on all the landowners who have not joined in the petition and whose lands are included in the proposed drainage district, so far as the clerk has been able to ascertain them. The failure to serve those landowners whose names were unknown to the clerk shall have no effect upon the proceedings if they are made parties to the proceedings as provided in Section 49-17-630.
HISTORY: 1962 Code Section 18-213; 1952 Code Section 18-213; 1942 Code Section 6097; 1932 Code Section 6097; Civ. C. '22 Section 3151; Civ. C. '12 Section 2197; 1911 (27) 92; 1914 (28) 455; 1915 (29) 199; 1920 (31) 1089.

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.