H 5022 Session 112 (1997-1998)
H 5022 General Bill, By Inabinett, Boan, Bowers, J. Brown, A.W. Byrd, Canty,
Davenport, M. Hines and Lloyd
Similar(H 3071)
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 CERTAIN 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.
04/14/98 House Introduced and read first time HJ-21
04/14/98 House Referred to Committee on Judiciary HJ-22
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 CERTAIN 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 if a
condemned residence is not inhabitable or a building in which a
business is operated cannot conduct business."
SECTION 2. This act takes effect upon approval by the Governor.
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