Detailed Narrative History of the Hinson Parcels
The Hinson Parcels, located in Horry County, South Carolina, have a rich and complex history shaped by land transactions, mineral rights negotiations, and public infrastructure development. Below is a comprehensive timeline of the significant events related to the parcels:
1. 1992 Deed to Hinson Family Limited Partnership (HFLP)
- Date: December 31, 1992
- Event: Wendell E. Hinson transferred his 50% interest in several properties, totaling 34.28 acres in Dogwood Neck Township, Horry County, to the HFLP for $10. These properties included portions of undeveloped land in rural areas.
- Significance: This transfer established the Hinson Family Limited Partnership as the primary entity holding the rights to the Hinson Parcels【14†source】.
2. 1994 Acquisition of Apache Tract II from International Paper
- Date: March 16, 1994
- Event: HFLP acquired an additional 160 acres (Apache Tract II) from International Paper Realty Corporation, located in Dogwood Neck Township. This property was crucial for later transactions and the development of the area.
- Significance: This acquisition increased HFLP’s holdings in the area and laid the groundwork for future development and sales【15†source】【17†source】.
3. 1999 Sale by Apache Group II to Hinson Family Limited Partnership
- Date: November 1, 1999
- Event: Apache Group II sold 160 acres, including the Apache Tract II, to the Hinson Family Limited Partnership and Hinson Properties, LLC. This transaction consolidated ownership of the Apache Tract II within the Hinson Family entities.
- Significance: This sale marked the full transfer of rights to the Hinson entities, further strengthening their land portfolio in the region【17†source】.
4. 2001 Release of Mineral Rights by International Paper
- Date: March 21, 2001
- Event: International Paper Realty Corporation released its claim to certain mineral rights over 83.809 acres of the Hinson property. However, it retained a one-eighth (1/8) non-participating royalty interest in oil, gas, and hydrocarbons, and one-half of any bonuses, rentals, and royalties from future mineral leases.
- Significance: While this release removed some mineral claims, it left limitations on future exploitation of subsurface resources【18†source】.
5. 2006 Condemnation for Public Infrastructure (Carolina Bays Parkway)
- Date: December 29, 2006
- Event: The South Carolina Department of Transportation (SCDOT) issued a condemnation notice for approximately 83.809 acres of the Hinson Parcels to be used for the Carolina Bays Parkway (SC 31) project. This land was critical for public infrastructure.
- Significance: This reduced the available land for future private development but ensured compensation for the Hinson entities【19†source】.
6. 2007 Final Condemnation Settlement
- Date: June 29, 2007
- Event: The condemnation case concluded with a settlement where the SCDOT paid $309,800 for the acquisition of the 83.809 acres for public use.
- Significance: This officially transferred a significant portion of the land to public control, limiting the Hinson Family’s use of the property【20†source】.
7. 2013 Sale to Barefoot Lakes Investments, LLC
- Date: January 15, 2013
- Event: Hinson Family Holdings, LLC sold the remaining 160 acres of the Apache Tract II to Barefoot Lakes Investments, LLC. The land transferred included 28.174 acres and 131.826 acres from the original tract.
- Significance: This sale ended Hinson Family’s direct ownership of the remaining land, passing control to Barefoot Lakes Investments【21†source】.
Restrictions Summary
- Mineral Rights:
- Retained by International Paper: International Paper retains a one-eighth (1/8) non-participating royalty interest in oil, gas, and hydrocarbons, as well as one-half of any bonuses, rentals, royalties, and payments from future mineral leases【18†source】.
- Condemnation for Public Use:
- SC 31 Condemnation: Approximately 83.809 acres were condemned for the Carolina Bays Parkway, which is now controlled by the South Carolina Department of Transportation【19†source】【20†source】.
- Zoning and Easements:
- Zoning Ordinances: The land is subject to local zoning laws and restrictions that govern permitted uses, building densities, and infrastructure requirements. Any future development will need to comply with Horry County’s zoning regulations【16†source】.
- Easements: The property may also be subject to utility easements and rights-of-way that limit development options【16†source】.
- Wetlands and Environmental Considerations:
- Wetlands: Portions of the land, particularly near water features and low-lying areas, may be classified as wetlands, which impose federal and state restrictions on land use. Development in wetlands is heavily regulated and often requires permits【22†source】.
- Environmental Protection: Any construction or development may be subject to environmental regulations, including restrictions on runoff, water management, and preservation of natural habitats【22†source】.
Future Uses
Given the restrictions outlined above, potential future uses for the Hinson Parcels include:
- Conservation and Recreation:
- The existence of wetlands and public infrastructure suggests that portions of the land could be preserved for environmental conservation or developed as public recreational spaces like parks or nature trails. This would align with the public use and preservation mandates and provide long-term environmental benefits.
- Limited Residential Development:
- While some portions of the land are restricted, other areas could still support low-density residential development, especially in non-wetland areas. Any development would need to consider poor accessibility due to infrastructure limitations and the existing zoning ordinances.
- Agricultural or Forestry Use:
- Given the rural nature of the land and restrictions on large-scale commercial or industrial development, the property could be used for sustainable agriculture or managed forestry. This would provide economic value while maintaining the environmental integrity of the area.
Full Text Footnotes and Download Links
- 1992 Deed to Hinson Family Limited Partnership
Download: 19921231 Deed 1603,465 Hinson Deed - 1994 Plat for Apache Tract II (International Paper)
Download: 19940316 Plat 128,222 Apache Tract II - 1999 Deed from Apache Group II to Hinson Family Limited Partnership
Download: 19991101 Deed 2203,338 Apache Group - 2001 Release of Mineral Rights by International Paper
Download: 20010419 Deed 2363,445 International Paper - 2006 Condemnation Notice
Download: 20061229 Condemnation Notice - 2007 Deed – Hinson Condemnation
Download: 20070629 Deed 3257,5 Hinson Condemnation - 2013 Sale to Barefoot Lakes Investments, LLC
Download: 20130115 Deed 3632,614 Barefoot Lakes - Environmental Impact Review
Download: SAC-2012-00490
Evolution of Mineral Rights
- 1992 Deed Transfer to Hinson Family Limited Partnership:
- In 1992, Wendell E. Hinson transferred a 50% interest in multiple parcels of land to the Hinson Family Limited Partnership (HFLP). There were no explicit mentions of mineral rights in this deed, but the transfer conveyed all associated rights, including appurtenances and hereditaments【14†source】.
- 1999 Acquisition from Apache Group II:
- In October 1999, Hinson Family Limited Partnership and Hinson Properties, LLC acquired a significant 160-acre tract from Apache Group II. While this deed focused on the real estate transaction, the history of prior ownerships, including International Paper, hinted at the possibility of reserved mineral rights【17†source】.
- 2001 Release of Mineral Rights by International Paper:
- A crucial development in the evolution of mineral rights occurred in 2001 when International Paper Realty Corporation released certain mineral reservations, exceptions, and conveyances regarding oil, gas, and hydrocarbons for 83.809 acres of the Hinson property. However, International Paper retained a one-eighth (1/8) non-participating royalty interest in any oil, gas, or hydrocarbons extracted from the land. Additionally, International Paper retained one-half of any bonuses, rentals, royalties, or payments associated with any future mineral leases on various other mineral substances such as coal, iron ore, zinc, sulfur, and fissionable materials【18†source】.
- This release defined the ongoing interest that International Paper would hold in the event of future mineral development, thus limiting Hinson’s full control over potential mineral exploitation on these lands.
- Condemnation and Subsequent Transactions (2006–2013):
- During the condemnation proceedings by the South Carolina Department of Transportation (SCDOT) in 2006-2007, the mineral rights were not the primary focus, as the condemnation centered around public infrastructure development. However, the retained mineral interests by International Paper likely remained unaffected during these transactions, as the focus was on surface land for highway expansion【19†source】【20†source】.
- 2013 Sale to Barefoot Lakes Investments, LLC:
- In 2013, Hinson Family Holdings sold 160 acres to Barefoot Lakes Investments, LLC. The mineral rights reserved by International Paper in 2001 would still apply to this land transfer, meaning the new owners, Barefoot Lakes Investments, inherited the same limitations regarding mineral rights【21†source】.
Conclusion:
The mineral rights on the Hinson Parcels evolved through the actions of International Paper, particularly through its 2001 release, which left the Hinson Family with limited control over the subsurface mineral resources. The reservation of a non-participating royalty interest and half of the bonus or rental payments ensures that any future mineral development remains financially tied to International Paper.
Full Text Footnotes and Download Links
- 1992 Deed to Hinson Family Limited Partnership
Download: 19921231 Deed 1603,465 Hinson Deed - 1999 Deed from Apache Group II to Hinson Family Limited Partnership
Download: 19991101 Deed 2203,338 Apache Group - 2001 Release of Mineral Rights by International Paper Realty Corporation
Download: 20010419 Deed 2363,445 International Paper - 2006 Condemnation Notice
Download: 20061229 Condemnation Notice - 2007 Deed – Hinson Condemnation
Download: 20070629 Deed 3257,5 Hinson Condemnation - 2013 Sale to Barefoot Lakes Investments, LLC
Download: 20130115 Deed 3632,614 Barefoot Lakes