§ 49-19-1440 — General powers of board of supervisors.

South Carolina § 49-19-1440

• Jurisdiction: South Carolina
• Title 49: WATERS, WATER RESOURCES AND DRAINAGE
• Ch. 19: DRAINAGE DISTRICTS UNDER 1920 ACT

Text

In order to effect the drainage, protection and reclamation of the land in the district subject to the tax the board of supervisors may: (1) Clean out, straighten, open up, widen, change the course of flow of, alter or deepen any canal, ditch, drain, river, watercourse or natural stream and concentrate, divert or divide the flow of water in or out of the district; (2) Construct and maintain main and lateral ditches, canals, levees, dykes, dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and syphons and connect them or any of them with any canals, drains, ditches, levees or other works that may have been constructed by the State Department of Administration or the State of South Carolina and with any natural stream, lake or watercourse in or adjacent to the district; (3) Build and construct any other works improvements deemed necessary to preserve and maintain the works in or out of the district; (4) Construct or enlarge or cause to be constructed or enlarged any and all bridges that may be needed in or out of the district across any drain, ditch, canal, floodway, holding basin, excavation, public highway, railroad right of way, track, grade, fill or cut; (5) Construct roadways over levees and embankments; (6) Construct any and all of such works and improvements across, through or over any public highway, railroad right of way, track, grade, fill or cut in or out of the district; (7) Remove any fence, building or other improvement in or out of the district; (8) Hold, control and acquire by donation or purchase and if need be condemn any land, easement, railroad right of way, sluice, reservoir, holding basin or franchise in or out of the district for rights of way, holding basins or for any of the purposes herein provided or for material to be used in constructing and maintaining the works and improvements for draining, protecting and reclaiming the lands in the district; (9) Develop, hold and control all water created by the construction of works of the district; (10) Construct and maintain a hydroelectric power plant or plants for the purpose of developing power for the use of the district and use any funds in the treasury of the district not otherwise appropriated for the construction and maintenance of such power plant or plants; (11) Lease any surplus power in excess of that required for the uses of the district, the proceeds of such lease or leases to be paid into the treasury of the district; and (12) Condemn for the use of the district any land or property within or without the district not acquired or condemned on the report of the commissioners assessing benefits and damages, following the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28).

Legislative History

HISTORY: 1962 Code SECTION 18-524; 1952 Code SECTION 18-524; 1942 Code SECTION 6182; 1932 Code SECTION 6182; Civ. C. '22 SECTION 3236; 1920 (31) 663; 1987 Act No. 173, SECTION 30. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.