Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 8, Title 27 of the 1976 Code is amended by adding:
"Section 27-8-85.
(A) Notwithstanding the provisions of
Title 28, if the condemnation notice applies to land subject to
a conservation easement and the condemnee rejects the amount
tendered within the thirty day period, the condemnation action
is stayed and the condemnor may not take possession of the
property until a hearing is held in a circuit court of
appropriate jurisdiction. The court shall hear and determine
whether or not a prudent and feasible alternative exists to
condemnation of the property. The burden is on the condemnor if
the holder of the conservation easement or condemnee, after
discovery, has identified at least one alternative. If the
alternative is not adjudged prudent and feasible, the
condemnation action may proceed. If the court determines that a
prudent and feasible alternative does exist to condemnation of
the property, the court shall dismiss the condemnation action
and award the condemnee costs and litigation expenses as
applicable. Attorney's fees may not be awarded.
(B) A determination as
to whether a prudent or feasible alternative exists is not
required for actions where:
(1)
the South Carolina Department of Transportation is the
condemnor; and
(2)
a review of the project for which the property is being
condemned was conducted prior to the filing of the condemnation
action and considered the alternatives to the condemnation of
the property encumbered by the conservation easement and
mitigation measures to minimize the impact. The condemnor shall,
in the condemnation notice filed with the court, identify the
alternatives and mitigation measures considered with regard to
condemnation; or
(3)
the review was conducted pursuant to the National
Environmental Policy Act, 42 U.S.C. Sections 4321, et seq.
(C) If a condemnee
notifies the condemnor in writing, after receiving the
condemnation notice to enter upon the landowner's property, that
the property is subject to a conservation easement, then the
condemnor shall consider prudent and feasible alternatives
during his survey or appraisal of the property."
/
Renumber sections to conform.
Amend title to conform.