Status: The State Supreme Court ruled that the Coastal Conservation League lacked the legal standing to challenge this annexation. The legality of the annexation itself was never addressed, the case could not progress beyond whether or not CCL had the right to call the issue into question. This case is a clear illustration of the need for better annexation law in South Carolina — something our legislative staff is working hard to bring to fruition. Meanwhile — the Town of Yemassee has cancelled the development agreement for this property and it has reverted to agricultural zoning. CCL will continue to monitor any new plans to develop at this site.
What is the issue?
In 2006 the Town of Yemassee annexed the 1300 acre Binden Plantation in rural northern Beaufort County and approved a development plan for 1300 homes plus commercial uses. To meet state requirement for contiguity, the annexation included a two mile long 20 foot wide “corridor”. This shoestring annexation is a violation of state law and the development plans are contrary to Beaufort planning — as such CCL filed suit in court against the Town’s actions. Later the SC Attorney General joined us in the lawsuit. Circuit Court ruled against CCL on grounds that we lacked “standing” and the SC Supreme Court upheld that decision.
How would it affect South Carolina?
If the annexation is upheld, state annexation laws would be meaningless and community planning efforts could be thwarted through zoning shopping by developers.
What can you do about it?
There has been strong community support of our position and in funding our legal expenses in the law suits. Continued support is needed for funding the law suits, along with support for regional planning and improving state annexation legislation.
Use the link at the bottom of this page to learn about the legislative annexation reform currently being proposed, and contact your representative with your support.
- A large parcel of rural land along the Pocotaligo River near the ACE Basin will not be degraded by an ill conceived, high density development.
- Additional rural lands near the ACE Basin could be threatened with further, developer-driven development. Also, municipalities might not feel compelled to consider regional planning and by residents' vision for the future of their community.
Image source: Lowcountry Council of Governments
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