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South Carolina Consent Order for Judicial Abandonment and Road Closure

State:
South Carolina
Control #:
SC-LR090
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Petitioners (corporations) and the County consent to close a portion of a road and request it be court ordered.

Definition and meaning

The South Carolina Consent Order for Judicial Abandonment and Road Closure is a legal document issued by a court that formally closes a road and removes it from public use. This document is typically initiated by petitioners who seek to abandon a road segment that is no longer used for public or private travel.

How to complete a form

To successfully complete the South Carolina Consent Order for Judicial Abandonment and Road Closure, follow these steps:

  1. Gather necessary information, including property descriptions and details about the road.
  2. Complete the petition, ensuring all required fields are filled accurately.
  3. File the completed petition with the court.
  4. Notify all relevant parties as required by law.
  5. Obtain the consent order from the court.

Who should use this form

This form is intended for individuals or entities that own property adjacent to a road segment in South Carolina and wish to formally abandon that segment. Typically, these include:

  • Property owners
  • Developers planning to enhance land use
  • Municipalities interested in managing local property

Legal use and context

The Consent Order for Judicial Abandonment and Road Closure is used in specific legal contexts defined by § 57-9-10 of the South Carolina Code of Laws. This regulation outlines the conditions under which a road can be abandoned and emphasizes the necessity for proper notifications and consent from relevant parties.

Key components of the form

The form comprises several key components that ensure clarity and legal compliance. These components include:

  • Pleadings: Initial statements of the petitioners' intentions.
  • Findings of fact: Statements outlining the facts that support the request for abandonment.
  • Conclusions of law: Legal reasoning supporting the abandonment.
  • Order: The final injunction or decision from the court.

Common mistakes to avoid when using this form

While completing the South Carolina Consent Order for Judicial Abandonment and Road Closure, users should be mindful of common mistakes such as:

  • Failing to correctly notify adjacent property owners.
  • Omitting necessary documents or exhibits.
  • Inaccurate descriptions of the property or road in question.
  • Not adhering to publication requirements as mandated by law.

What to expect during notarization or witnessing

When executing the Consent Order for Judicial Abandonment and Road Closure, parties may need to have the document notarized or witnessed. Expect the following:

  • All signatories must present valid identification.
  • The notary will verify the identities and voluntary signatures of the parties involved.
  • Proper documentation ensures the legality and enforceability of the order.
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  • Preview Consent Order for Judicial Abandonment and Road Closure
  • Preview Consent Order for Judicial Abandonment and Road Closure
  • Preview Consent Order for Judicial Abandonment and Road Closure
  • Preview Consent Order for Judicial Abandonment and Road Closure
  • Preview Consent Order for Judicial Abandonment and Road Closure
  • Preview Consent Order for Judicial Abandonment and Road Closure
  • Preview Consent Order for Judicial Abandonment and Road Closure

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South Carolina Consent Order for Judicial Abandonment and Road Closure