SOUTH CAROLINA BOUNDARY COMMISSION REPORT for FY South Carolina North Carolina Boundary

Transcription

1 SOUTH CAROLINA BOUNDARY COMMISSION REPORT for FY South Carolina North Carolina Boundary When issues arose regarding the state boundary between York County, SC and Gaston County, NC in the early 1990s, the SC Geodetic Survey and the NC Geodetic Survey signed a Memorandum of Agreement in April 1993 to cooperatively re-establish the South Carolina North Carolina boundary. The intent was to avoid a litigious dispute, such as occurred between South Carolina and Georgia regarding their boundary in the Lower Savannah River area. This contentious dispute cost the state $10 million and 26 years of litigation and negotiation, that involved the U.S. Supreme Court and Congress, to resolve 25 miles of boundary. The effort to technically re-establish the 334-mile-long South Carolina North Carolina boundary that was begun in 1995 was completed on May 3, 2013 when the NC SC Joint Boundary Commission approved the technical work for the last 91 miles. To be completed are the efforts to reduce and/or eliminate impacts to those property owners whose residency or business would move from South Carolina to North Carolina, or vice versa, because of the re-established state boundary. The SC and NC Attorney General offices are preparing legislation to be introduced into the SC and NC legislatures. When the legislation is enacted by both states, those sections of the SC NC boundary that have not yet been approved legislatively in South Carolina will be submitted to the General Assembly. South Carolina Boundary Commission Members Sidney C. Miller, Joint Boundary Commission Co-chairman, retired chief of the SC Geodetic Survey Bobby M. Bowers, Director of the Office of Research & Statistics, SC Budget & Control Board Don Winslow, SC Department of Natural Resources -- retired and was replaced May 2014 by -- Ken Rentiers, SC Department of Natural Resources Robert W. Hayes, Jr., SC Senate Kent M. Williams, SC Senate Liston D. Barfield, SC House of Representatives Dwight A. Loftis, SC House of Representatives Activities in North Carolina South Carolina Joint Boundary Commission The NC SC Joint Boundary Commission met October 29, 2013 at the Baxter Hood Center at York Technical College in Rock Hill, South Carolina and February 7, 2014 at the Union County Agricultural and Conference Center in Monroe, North Carolina. 1

2 October 29, 2013 meeting in Rock Hill, South Carolina: Sid Miller, Chairperson of the SC Boundary Commission, presented an overview of the technical work done between 1996 and 2013 to re-establish the 334-mile SC-NC boundary. He described the processes and procedures of research and survey used to duplicate the original survey for each section of the boundary. Gary Thompson, Chairperson of the NC Boundary Commission, reviewed the processes and results of the studies to determine the impacts to property owners caused by the re-establishment of the South Carolina North Carolina boundary. Some property owners' residency or some businesses would move from South Carolina to North Carolina, or vice versa, because of the re-established state boundary. These reviews were primarily for the benefit of the North Carolina boundary commissioners, all of whom were newly appointed, except for the chairperson. Emory Smith (SC Attorney General s Office) and Scott Conklin (North Carolina Attorney General s Office) spoke about issues that would need to be addressed by South Carolina and North Carolina agencies or the two states legislatures, or both. The main issues are taxes and education. All issues may not possibly be dealt with by identical legislation, because of state constitutional differences. Mr. Smith and Mr. Conklin also spoke about issues that would need to be addressed at the county/municipal level, such as zoning and emergency response, and issues that might need to be addressed by the private sector, such as utilities. In addition, three citizens spoke about how the boundary re-establishment affected them: Lewis Efird (owner of a convenience store/gas station: was in SC, now in NC) Dan Ballou (attorney representing a client who owns a water system serving a subdivision which straddles the boundary) Fred Berlinger (doctor and home owner: his house straddles the boundary) The Commission agreed to meet early in 2014 to review, discuss, and adopt proposed legislative bills prepared by the South Carolina and North Carolina Attorney Generals' offices. February 7, 2014 meeting in Monroe, North Carolina: Gary Thompson, Chairperson of the NC Boundary Commission, stated that the primary purpose of the meeting is the review of proposed legislation minimizing impacts to property owners, residents and businesses resulting from the re-established South Carolina North Carolina boundary. First, however, attendees whose property was affected were invited to speak. Lewis Efird and Charles Marshall spoke addressing the negative impacts on a convenience store/gas station owned by United Oil of the Carolinas. The business was in South Carolina, but is now in North Carolina as a result of the re-established boundary. Emory Smith reviewed South Carolina's drafts of proposed legislation for minimizing impacts to property owners. The proposed legislation pertained to utilities, education, taxes, recording property, 2

3 foreclosure and Medicaid. The Commission discussed each topic as it was presented. An issue discussed that would not require legislation was responsibility for road maintenance. North Carolina did not have any drafts for proposed legislation. After a general discussion, the Commission agreed that both states should exchange copies of draft legislation by June 15, 2014 so that each state could review the materials in order to finalize draft legislation for a proposed meeting in October This schedule would allow both states to introduce legislation during their state's 2015 legislative session. A discussion was initiated regarding impacts to three businesses with impacts that would not be addressed by the legislation which primarily addresses the impacts for home owners/residents. Jackie Ray Price: Mr. Price is a poultry farmer whose property straddles the boundary between Chesterfield County, SC and Anson County, NC. His home is now in NC rather than SC. Part of his poultry farm is in SC and part in NC. Insuring his property became an issue. The SC Department of Insurance and the NC Department of Insurance have agreed to work with Farm Bureau to resolve the issue. Lake Wylie Mobiles LP: Company operates a water supply system for a subdivision having users in South Carolina and North Carolina. The NC Dept. of Environment & Natural Resources indicated that the agency would allow SC to continue to regulate because the majority of the pipes and water customers are in South Carolina. United Oil of the Carolinas, Inc.: United Oil owns a convenience store/gas station. When the land was purchased in 1994, Mr. Efird was told the parcel was in South Carolina. According to the re-established boundary, his business is in North Carolina. Mr. Efird is impacted in at least four ways. The price of gas is significantly higher in NC than SC due to the tax difference. Fireworks sales: Legal in SC; illegal in NC. Beer sales: legal in York County, SC; illegal in Gaston County, NC. Underground fuel storage tanks: Different governing regulations. All impacts would significantly affect the income and value of his business. The Commission has not yet been able to resolve this situation. As of June 30, 2014, no draft legislation had been received from the North Carolina Attorney General's office. 3

4 SURVEY HISTORY OF SOUTH CAROLINA NORTH CAROLINA BOUNDARY 4

5 5