Fort Mill School District
2233 Deerfield Drive, Fort Mill, SC 29715
P: (803) 548-2527 | F: (803) 547-4696
Transportation: (803) 802-1998 HR Fax: (803) 802-2265

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SC Supreme Court Issues Impact Fee Decision
SC Supreme Court Issues Unpublished Impact Fee Decision
Posted on 03/10/2021

The Fort Mill School District has been notified that the South Carolina Supreme Court has issued an unpublished opinion in favor of the State of South Carolina and York County regarding the implementation of the Fort Mill School District (School District No. 4) Impact Fee.

The court upheld the constitutionality of the South Carolina Impact Fee Act and stated the Act does not violate an individual's right to substantive due process. The court also affirmed the process used by the district to assess the impact on affordable housing in our area.

The court’s unpublished opinion states, “In this case, York County imposed an impact fee on new home construction in its School District No. 4, which comprises Fort Mill, Tega Cay, and the surrounding unincorporated areas. Local developers opposed the fee, claiming the Act was unconstitutionally vague and therefore violated their right to substantive due process. Specifically, the developers argued that although the Act required the County to consider the impact on affordable housing caused by a proposed development impact fee, it did not provide sufficient guidance on how to accomplish that directive. We find the Act is valid on its face.”

“We are pleased with this outcome and the positive impact it will have on the taxpayers,” said Superintendent Dr. Chuck Epps. “While the legal process allows 15 days for the other party to file a petition for re-hearing, we are hopeful the district can move forward with assessing how best to use these funds to offset the burden placed on our taxpayers by the rapid growth in our area.”