South Carolina § 49-17-1400 Lien of assessment; remedies on default.

South Carolina Statutes

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

South Carolina § 49-17-1400

Title 49WATERS, WATER RESOURCES AND DRAINAGE

Ch. 17DRAINAGE OR LEVEE DISTRICTS UNDER 1911 ACT

This text of South Carolina § 49-17-1400 (Lien of assessment; remedies on default.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 49-17-1400 (2026).

Text

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 dra

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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.

Legislative History

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.