Current Status Introducing Body:Senate Bill Number:696 Primary Sponsor:Shealy Committee Number:11 Type of Legislation:GB Subject:Property owner, habitable structure Residing Body:Senate Current Committee:Judiciary Computer Document Number:CYY/18186.SD Introduced Date:Feb 21, 1991 Last History Body:Senate Last History Date:Feb 21, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Shealy Type of Legislation:General Bill
Bill Body Date Action Description CMN
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696 Senate Feb 21, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-295 SO AS TO PROVIDE THAT IF A PROPERTY OWNER IS PROHIBITED ON OR AFTER JULY 1, 1988, FROM CONSTRUCTING A NEW HABITABLE STRUCTURE OR REPAIRING OR REPLACING AN EXISTING HABITABLE STRUCTURE ON HIS PROPERTY, OR IS PROHIBITED FROM CONSTRUCTING OTHER NEW PERMANENT IMPROVEMENTS OR REPLACING OR REPAIRING OTHER EXISTING PERMANENT IMPROVEMENTS ON HIS PROPERTY AS A RESULT OF CERTAIN PROVISIONS OF LAW REGULATING BEACHES AND BEACH CONSTRUCTION, THIS IS CONSIDERED AN INVERSE CONDEMNATION OF HIS PROPERTY BY THE STATE AND AS SUCH THE PROPERTY OWNER IS ENTITLED TO COMPENSATION PURSUANT TO THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 48-39-295. If a property owner is prohibited on or after July 1, 1988, from constructing a new habitable structure or repairing or replacing an existing habitable structure on his property, or is prohibited from constructing other new permanent improvements or replacing or repairing other existing permanent improvements on his property as a result of the provisions of Sections 48-39-250 through 48-39-360, this is considered an inverse condemnation of his property by the State and as such the property owner is entitled to compensation pursuant to the provisions of the Eminent Domain Procedure Act."
SECTION 2. This act takes effect upon approval by the Governor.