All requests to annex a state-owned property into the city limits of any municipality are processed and reviewed by Real Property Services to present for approval to the five members of the State Fiscal Accountability Authority. The city or town requesting or supporting the annexation of state property must adhere to the following:
- The municipality must waive, in perpetuity, any right to levy, collect or charge, directly or indirectly, any franchise, storm water drainage or other fee or cost upon the State for services provided to the State or its agencies or the subject property for as long as the property is owned by the State of South Carolina.
- The municipality must give public notice of the proposed annexation and hold a public hearing at which those interested are given an opportunity to express their views. The result of this meeting should be furnished by a copy of the minutes of the meeting or some other official written communication from the city/town to the South Carolina Department of Administration – Real Property Services.
- An annexation that changes voting practices or procedures for the affected area requires compliance with Section 5 of the Voting Rights Act of 1965, as amended. Most voting changes can be reviewed administratively by submitting the voting change to the Civil Rights Division of the Department of Justice. Submissions are subject to a 60-day review period and the voting change will be implemented if the Attorney General affirmatively indicates no objection to the changes or if, at the expiration of 60 days, no objection to the change had been interposed by the Attorney General. Submissions under Section 5 can be mailed to the Civil Rights Division or filed electronically here. Preclearance under Section 5 must be provided to Real Property Services by the municipality before requesting the State Fiscal Accountability Authority’s approval of the annexation.
The agency/institution that owns, controls or uses the property involved must provide the following information:
- A letter requesting the proposed annexation and stating the benefits the agency expects as a result.
- A letter from the senator whose district includes the property expressing his or her view of the proposed annexation.
- A letter from the representative whose district includes the property expressing his or her view of the proposed annexation.
- A written legal description of the real property to be annexed.
- A map showing the property to be annexed and the municipality’s current city/town limits, and
- A tax map number of the property.
After the State Fiscal Accountability Authority’s approval, Real Property Services will prepare the Petition for Annexation to be executed and will forward the signed petition to the City/Town Manager.