§ 28-132. Procedure.

(a)

A petitioner for road alteration, including abandonment, closing or relocation, must follow the procedure as set out in S.C. Code 1976, § 57-9-10.

(b)

As provided in S.C. Code 1976, § 57-9-10, notice shall be sent by mail to all abutting property overseers. It is declared that the county is the property owner of a road petitioned to be altered if it maintains such road and/or has title to it by deed or is said to own it by adverse possession; therefor, the county shall be notified. This shall be done in any case where an interested party wishes to alter, or relocate any road, street, highway, bridge or drainage system or section thereof, whether opened or not.

(c)

To provide the county an opportunity to consider any alternative, the petitioner under S.C. Code 1976, § 57-9-10 must submit his notice three weeks prior to filing the petition. The petitioner is hereby required to submit to the county public works director a drawing map or sketch of the old existing road and the new road, except in cases where the road is closed without an alteration or the establishment of a new road in lieu thereof, showing the width, location, and alignment.

(d)

The county public works director shall discuss his findings and recommendations with the county administrator who shall make a recommendation to the county council at their next regular meeting.

(e)

The county council shall determine whether it is to the best interest of all concerned that the request be granted and shall take one or more of the following actions:

(1)

Have a public hearing to receive public information before making its determination;

(2)

In the case where an alternative road is to be constructed, require the petitioner to construct each road without county funds, equipment or labor and require that the road conform to the specifications established by the county;

(3)

The county may determine that the request for alteration cannot be justified or accepted based on the information in subsection (e)(2) of this section and/or any other information that it may have; in such case, it will notify the petitioner and the court of its decision within three working days;

(4)

The county council may determine that the alteration may proceed conditionally with a copy of the conditions and restrictions being sent to the petitioner and the court; or

(5)

The county council may determine that it has no interest in the matter and shall send such message to both the petitioner and the court.

(Code 1983, § 12-17)