Current Status Introducing Body:House Bill Number:3785 Primary Sponsor:Baxley Committee Number:25 Type of Legislation:GB Subject:Eminent domain Residing Body:House Current Committee:Judiciary Companion Bill Number:385 Computer Document Number:NO5/8892PM.93 Introduced Date:19930330 Last History Body:House Last History Date:19930330 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Baxley G. Brown Sharpe Rhoad Snow Witherspoon Riser Martin Waldrop Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3785 House 19930330 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTIONS 28-2-60 AND 28-2-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTION UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE FOR THE CONDEMNOR TO HAVE THE BURDEN OF PROOF TO SHOW THE CONDEMNATION IS REASONABLE FOR THE PUBLIC PURPOSE TO BE SERVED AND THE PRIVATE PROPERTY TO BE ALTERED OR DESTROYED; AND TO AMEND SECTION 28-2-320, RELATING TO APPEALS FROM DETERMINATIONS BY THE APPRAISAL PANEL UNDER THE ACT, SO AS TO REQUIRE THE CONDEMNOR TO HAVE THE BURDEN OF PROOF IF THE LANDOWNER AND THE CONDEMNOR APPEAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. A condemnor may commence an action under this chapter for the acquisition of an interest in any real property necessary and reasonable for any the public purpose to be served and the private property to be altered or destroyed. The condemnor has the burden of proof. The provisions of This chapter shall constitute constitutes the exclusive procedure whereby under which condemnation may be undertaken in this State."
SECTION 2. Section 28-2-210 of the 1976 Code is amended to read:
"Section 28-2-210. Any A condemnor may institute an action under this chapter for the acquisition of an interest in any real property necessary and reasonable for any the public purpose to be served and the private property to be altered or destroyed. The condemnor has the burden of proof. The provisions of This act constitute chapter constitutes the exclusive procedure whereby under which condemnation may be undertaken in this State."
SECTION 3. Section 28-2-320 of the 1976 Code is amended to read:
"Section 28-2-320. The appellant must be the movant on appeal from the determination of the appraisal panel, shall have has the burden of proof, and shall have has the right to open and close, except that. However, notwithstanding which party is the appellant, the condemnor shall first shall offer one witness to describe the property being taken and the its purpose thereof. In the event If both the landowner and the condemnor appeal from the determination of the appraisal panel, the landowner is deemed to be the appellant, except the condemnor has the burden of proof."
SECTION 4. This act takes effect upon approval by the Governor.