H 4070 General Bill, By Inabinett, J. Brown, T. Brown, Kennedy and 
Moody-Lawrence
 A Bill to amend Section 28-2-70, Code of Laws of South Carolina, 1976,
 relating to appraisal of property before a condemnation action is instituted
 under the Eminent Domain Procedure Act, so as to provide that in cases
 involving the appraisal of owner-occupied residential property, the appraisal
 must be the value determined by the condemnor's appraiser or one hundred
 twenty-five percent of the appraised value of the property as determined by
 the local tax assessor, whichever is greater.

   04/12/95  House  Introduced and read first time HJ-39
   04/12/95  House  Referred to Committee on Judiciary HJ-39

A BILL

TO AMEND SECTION 28-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPRAISAL OF PROPERTY BEFORE A CONDEMNATION ACTION IS INSTITUTED UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE THAT IN CASES INVOLVING THE APPRAISAL OF OWNER-OCCUPIED RESIDENTIAL PROPERTY, THE APPRAISAL MUST BE THE VALUE DETERMINED BY THE CONDEMNOR'S APPRAISER OR ONE HUNDRED TWENTY-FIVE PERCENT OF THE APPRAISED VALUE OF THE PROPERTY AS DETERMINED BY THE LOCAL TAX ASSESSOR, WHICHEVER IS GREATER.

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

SECTION 1. Section 28-2-70(A) of the 1976 Code is amended to read:

"(A) Before initiating a condemnation action, the condemnor shall cause the property to be appraised to determine the amount that would constitute just compensation for its taking and shall make the appraisal available to the landowner. In cases involving the appraisal of owner-occupied residential property, the appraisal must be the value determined by the condemnor's appraiser or one hundred twenty-five percent of the appraised value of the property as determined by the local tax assessor, whichever is greater."

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