What are the legal requirements related to the acquisition and disposal of public lands?
In South Carolina, local governments are subject to certain legal requirements regarding the acquisition and disposal of public lands. Generally, local governments must adhere to the public trust doctrine, which holds that land purchased with public funds should be used for public purposes and not for private gain. According to the South Carolina Supreme Court, local governments are required to conduct public hearings before any acquisition or disposal of public lands. When acquiring public lands, local governments must obtain approval from the state legislature, and if the property is worth more than $5,000, it must also be advertised in the local newspaper and approved by the local county council or by the local government’s governing body. Additionally, local governments are required to follow the procedures laid out in the South Carolina Code of Laws when entering into negotiations or making an offer for the purchase of the land. When disposing of public lands, local governments must also follow certain procedures. Generally, the local government must obtain permission from the state legislature before selling the land. If the property is worth more than $50,000, the local government is also required to obtain the approval of the local county council or governing body before proceeding with the sale. Furthermore, the local government must advertise the sale of the property in a local newspaper and must also offer the land to the public through a public auction or through a sealed bid process.
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