COLUMBIA—James Islanders could get a third shot at forming a town if a bill working its way through the Statehouse is approved.
Critics say the legislation is unconstitutional, just like last time.
Residents of unincorporated James Island have been trying to form a town since 1992. But the city of Charleston has fought the attempts, and the state Supreme Court has ruled the town's incorporation illegal each time.
The new legislation is designed to affect the entire state, not just James Island and Charleston. It would allow the incorporation of towns with as few as 7,000 residents, rather than the current minimum of 15,000.
It also would let unconnected properties be part of the same town if they are separated only by certain public lands or waters. That provision is tailor-made for James Island, where annexations by Charleston have divided unincorporated areas of the island.
Charleston Mayor Joe Riley went to Columbia to denounce the bill Wednesday at a House Judiciary subcommittee hearing, calling it "terrible, sorry, shortsighted legislation."
If the bill becomes law, he said, "We'll contest it legally, which will be yet another waste of money for the citizens of our community."said. "This is about letting the people of the island decide if they want a town, not Mayor Riley, not the Supreme Court."
"Communities should have a say in how their neighborhoods are configured," said Joseph K. Qualey, who was a James Island town councilman until the town was dissolved in January as a result of a Supreme Court ruling last summer. "They should not be governed by people who don't live there."
The Municipal Association of South Carolina opposes McConnell's bill, saying it's bad for cities and unconstitutional, according to Executive Director Howard Duvall.
"You shouldn't pass bad public policy to take care of a local squabble," he said. "If we are to rely on the larger cities to be the economic engines of the state, which they are, then their powers of annexation must be protected."
Annexation allows cities to grow by enveloping neighboring lands that touch city boundaries, with the permission of a majority of landowners involved. It's a power the Municipal Association would like to see expanded.
Three bills that would give cities more power to annex have been introduced this year, but all remain bottled up in the Senate Judiciary Committee, which is chaired by McConnell.
One of the bills would allow cities to annex "doughnut holes" of land surrounded by city land. That scenario would allow Charleston to annex substantial parts of unincorporated James Island and West Ashley.
Another bill would allow cities to annex property based upon population density, which could expand the limits of Charleston and other growing cities.
A third would reduce the percentage of landowners whose permission is required from 75 percent to 65 percent.
Sen. James H. Richie Jr., R-Spartanburg, sponsored all three bills.
Duvall said he expects little movement on the bills unless McConnell's legislation to help James Islanders form a town is approved. Duvall said he believes the bill will be approved by the House, though there could be amendments.
Supporters say that, unlike previous legislation, this bill will pass constitutional muster because it applies evenly across the state.
"If this is what we've got to do, we'll do it," said Qualey. "If this doesn't work, we'll try something else."
Qualey is scheduled to testify next week before the same subcommittee that heard Riley.
"I will tell them that the purpose of the bill is to allow communities to maintain their character," he said.
Riley said the measure would cause "a very damaging Balkanization of almost every community in South Carolina."
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