South Carolina General Assembly
120th Session, 2013-2014

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H. 3894

STATUS INFORMATION

General Bill
Sponsors: Reps. Clemmons, Hardwick, Quinn, White, Rutherford, Harrell, Sandifer, Delleney, Lucas, Owens and H.L. Ott
Document Path: l:\council\bills\ms\7173ahb13.docx
Companion/Similar bill(s): 656

Introduced in the House on April 9, 2013
Introduced in the Senate on May 7, 2013
Last Amended on May 1, 2013
Currently residing in the Senate Committee on Judiciary

Summary: Eminent domain

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    4/9/2013  House   Introduced and read first time (House Journal-page 21)
    4/9/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 21)
   4/24/2013  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 63)
   4/30/2013  House   Member(s) request name added as sponsor: Hardwick, 
                        Quinn, White, Rutherford, Harrell, Sandifer, Delleney, 
                        Lucas, Owens, H.L.Ott
   4/30/2013  House   Debate adjourned until Wed., 5-1-13 
                        (House Journal-page 91)
    5/1/2013  House   Member(s) request name removed as sponsor: Horne
    5/1/2013  House   Amended (House Journal-page 140)
    5/1/2013  House   Read second time (House Journal-page 140)
    5/1/2013  House   Roll call Yeas-96  Nays-11 (House Journal-page 142)
    5/2/2013  House   Read third time and sent to Senate 
                        (House Journal-page 25)
    5/7/2013  Senate  Introduced and read first time (Senate Journal-page 6)
    5/7/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 6)
    4/4/2014  Senate  Referred to Subcommittee: Rankin (ch), Young, Kimpson

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/9/2013
4/24/2013
5/1/2013

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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AMENDED

May 1, 2013

H. 3894

Introduced by Reps. Clemmons, Hardwick, Quinn, White, Rutherford, Harrell, Sandifer, Delleney, Lucas, Owens and Ott

S. Printed 5/1/13--H.

Read the first time April 9, 2013.

            

A BILL

TO AMEND SECTION 28-2-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS THAT MAY BE CONSIDERED WHEN DETERMINING JUST COMPENSATION IN CONDEMNATION ACTIONS REGARDING EMINENT DOMAIN, SO AS TO INCLUDE DIMINUTION IN VALUE OF THE LANDOWNER'S REMAINING PROPERTY CAUSED BY RECONFIGURATION OF ROADWAYS, RESTRICTION OF ACCESS, AND CIRCUITOUS ACCESS.

Whereas, the General Assembly has intended since the passage of the Eminent Domain Procedure Act that just compensation would include all the effects that an exercise of the state's eminent domain authority has on the value and usefulness of the landowner's property; and

Whereas, roadway reconfiguration, restriction of access, and circuitous access caused by an exercise of the state's eminent domain authority may in some instances cause a diminution in value to the landowner's remaining property; and

Whereas, the General Assembly desires to make clear that its intent is that any such diminution in value to a landowner's remaining property is an essential consideration in determining just compensation. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 28-2-370 of the 1976 Code is amended to read:

"Section 28-2-370.    In determining just compensation, only the value of the property to be taken, any diminution in the value of the landowner's remaining property including, but not limited to, diminution caused by reconfiguration of roadways, restriction of access, and circuitous access, and any benefits as provided in Section 28-2-360 may be considered."

SECTION    2.    This act takes effect upon approval by the Governor and applies to all matters currently pending before a court of competent jurisdiction whether in that court's original or appellate jurisdiction.

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