By Andrew Wigger

awigger@civitasmedia.com

NEWBERRY — Donald Berry of Newberry is disputing the seizure and sale of his property for delinquent taxes, saying he was not disputing the process by the Delinquent Tax Office, but the properties being seized and sold, disrupting his right to due process.

“Two pieces of property were sold last year. They are in the redemption process,” he told Newberry County Council during its meeting this week. “Today is my last day for redemption, they are about to be given to successful bidder. The third piece of property that I live in now, got sold Monday. This has wiped out my entire estate.”

Due to a 2003 court order, Berry says his property and money is tied up in the legal system. He said he would like to pay his taxes, but cannot due to this matter.

Berry cited both the Fifth and 14th amendments of the U.S. Constitution. In the fifth amendment he cited the text, “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” In the 14th amendment he cited, “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

“All levels of American government must operate in legality. Before depriving a citizen, government must follow fair procedures, that is why I am here,” he said

During his time trying to get this matter resolved, Berry said he has spoken with Jay Tothacer, county attorney, who told him his court order was meaningless.

“He came to my office last Monday with two police officers. I was busy preparing for the hearing, but I spoke with him. I told him nothing he presented to me showed me that I needed to ask the county not to deed or stop the sales,” Tothacer said.

Berry said it was his belief that if the county continued to seize his property without due process, than it was participating in arbitrary loss of property.

“I know the county can cancel or void a sale during the 12-month redemption period due to any legal technicality. I am asking you folks to use morals and ethics here, asking the sale on all three needs to be voided,” he said. “I do not see how anyone can hold me accountable for not paying taxes when my property and money is tied up in the legal system.”

Berry asked for an immediate response. County Council Chairman Henry Livingston told Berry he was putting the county in an awkward decision because it was the last day.

“I have been trying, but I could never get anyone to speak with me,” Berry said.

County Council went into executive session. After exiting from executive session Livingston said council decided due process was followed and the county does not feel it has the right or authority to change the law.

In other business, Pat Smith withdrew a request to amend the zoning for a parcel on S.C. 391 near Big Creek Road from Rural (R2) to General Commercial (GC). The owner had recent interest in the property for commercial use, and wanted to proceed with rezoning to GC. However, no purchase or use change was in the works.

“I do not like the unknown, I like knowing. Zoning for a business, I would like to know the business before zoning for it,” said Councilman Kirksey Koon. “I cannot support this because of that. I do not know if the local residents would agree with what would come in.”

Councilman Steven Stockman agreed with Koon, adding that it seemed like they were doing things backwards.

Smith officially withdrew the request so she could re-apply when there was a buyer, rather than wait a year.

Other business

• Council approved third reading of an ordinance to provide for the determination of salaries for county elected officials, other than members of county council.

• Council approved six property rezonings from Single Family Residential to R2, to allow those properties to allow horses. All six rezonings held a public hearing and a third hearing.

• Council approved the bid for DS Utilities at $449 an hour to grind the limbs and yard waste disposed of at the transfer station on S.C. 34. DS Utilities is based in Little Mountain, and was the lowest bidder. The highest bid came from Green Waste Recyclers for $1,715 an hour.

• Council approved purchasing four 2015 Chevrolet 1500 extended cab 4×4 trucks for the Sheriff’s Office in the amount of $106,572. This item was budgeted for $200,000.

• Council approved the purchase of a security control system for the Detention Center for $92,250. About 60 percent of the total would be purchased on state contract.

• Council approved a proposal for a new Economic Development website design and implementation for $16,500.

Reach Andrew Wigger at 803-276-0625 ext. 1867 or on Twitter @TheNBOnews.