S*1187(Rat #0226, Act #0184 of 2010)  General Bill, By Leatherman

Similar(H 4371)
 AN ACT TO AMEND SECTION 28-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO REIMBURSEMENT OF PROPERTY OWNERS FOR CERTAIN EXPENSES RELATED TO
 THE TAKING OF LAND FOR PUBLIC USE, SO AS TO PROVIDE THAT REESTABLISHMENT
 EXPENSES PERTAINING TO MOVING A SMALL BUSINESS, FARM, OR NONPROFIT
 ORGANIZATION PAYABLE FOR TRANSPORTATION PROJECTS PURSUANT TO FEDERAL
 GUIDELINES AND REGULATIONS MAY BE PAID IN AN AMOUNT UP TO FIFTY THOUSAND
 DOLLARS, NOTWITHSTANDING A LOWER LIMITATION IMPOSED BY FEDERAL REGULATIONS. -
 ratified title

   02/17/10  Senate Introduced and read first time SJ-5
   02/17/10  Senate Referred to Committee on Judiciary SJ-5
   02/19/10  Senate Referred to Subcommittee: Campbell (ch), Cleary,
                     Williams, Mulvaney, Nicholson
   04/21/10  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   04/22/10  Senate Committee Amendment Adopted SJ-42
   04/22/10  Senate Read second time SJ-42
   04/23/10         Scrivener's error corrected
   04/27/10  Senate Read third time and sent to House SJ-15
   04/28/10  House  Introduced and read first time HJ-14
   04/28/10  House  Referred to Committee on Judiciary HJ-14
   05/12/10  House  Committee report: Favorable Judiciary HJ-7
   05/19/10  House  Read second time HJ-14
   05/20/10  House  Read third time and enrolled HJ-12
   05/25/10         Ratified R 226
   05/28/10         Signed By Governor
   06/03/10         Effective date 05/28/10
   06/09/10         Act No. 184

(A184, R226, S1187)

AN ACT TO AMEND SECTION 28-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENT OF PROPERTY OWNERS FOR CERTAIN EXPENSES RELATED TO THE TAKING OF LAND FOR PUBLIC USE, SO AS TO PROVIDE THAT REESTABLISHMENT EXPENSES PERTAINING TO MOVING A SMALL BUSINESS, FARM, OR NONPROFIT ORGANIZATION PAYABLE FOR TRANSPORTATION PROJECTS PURSUANT TO FEDERAL GUIDELINES AND REGULATIONS MAY BE PAID IN AN AMOUNT UP TO FIFTY THOUSAND DOLLARS, NOTWITHSTANDING A LOWER LIMITATION IMPOSED BY FEDERAL REGULATIONS.

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

Reestablishment expenses may be paid

SECTION    1.    Section 28-11-30 of the 1976 Code is amended to read:

"Section 28-11-30.    To the extent that Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) makes certain requirements pertaining to the acquisition of real property by states prerequisites to federal aid to such states in programs or projects involving the acquisition of real property for public uses, state agencies and instrumentalities and political subdivisions and local government agencies and instrumentalities involved in these programs or projects may expend available public funds as provided in this section, whether or not the program or project is federally aided.

(1)    A person, agency, or other entity acquiring real property for public use in a project or program shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses he necessarily incurred for:

(a)    recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the State;

(b)    penalty costs for prepayment for preexisting recorded mortgage entered into in good faith encumbering such real property; and

(c)    the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency concerned, or the effective date of possession of such real property by such agency, whichever is the earlier.

(2)    Where a condemnation proceeding is instituted by the agency to acquire real property for such use and:

(a)    the final judgment is that the real property cannot be acquired by condemnation; or

(b)    the proceeding is abandoned, the owner of any right, title, or interest in such real property shall be paid such sum as will, in the opinion of the agency, reimburse such owner for his reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of these sums will be paid by the person, agency, or other entity which sought to condemn the property.

(3)    Where an inverse condemnation proceeding is instituted by the owner of a right, title, or interest in real property because of use of his property in a program or project, the court, rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property, or the attorney effecting a settlement of a proceeding, shall determine and award or allow to the plaintiff, as a part of the judgment or settlement, a sum that will, in the opinion of the court or the agency's attorney, reimburse the plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.

(4)    Reestablishment expenses related to the moving of a small business, farm, or nonprofit organization payable for transportation projects pursuant to federal guidelines and regulations may be paid in an amount up to fifty thousand dollars, notwithstanding a lower limitation imposed by federal regulations."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 25th day of May, 2010.

Approved the 28th day of May, 2010.