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S*135 Session 107 (1987-1988)
S*0135(Rat #0246, Act #0173 of 1987) General Bill, By T.H. Pope,
W.E. Applegate, Bryan, Drummond, J.C. Hayes, Land, Leventis, J.C. Lindsay,
J.M. Long, I.E. Lourie, A.S. Macaulay, J.A. Martin, McConnell, P.B. McLeod,
T.W. Mitchell, Peeler, C.L. Powell, Ravenel, Saleeby, Setzler, R.C. Shealy,
N.W. Smith, T.E. Smith and M.B. Williams
Similar(H 2241)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 2
of Title 28 so as to enact the South Carolina Eminent Domain Procedure Act
which provides for provisions of law which shall regulate the expenditure of
funds of the State and its political subdivisions and establish the procedure
for the acquisition of certain real property or property rights in this State
through the exercise of the power of eminent domain; to amend Sections
1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430,
5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230,
28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30,
48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920,
50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370,
57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030,
58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40,
59-117-70, and 59-123-90, relating to various provisions of law pertaining to
the acquisition of property, easements or rights-of-way, power of
condemnation, right of eminent domain and compensation for property taken by
state and local agencies, authorities, and entities, and private companies and
corporations, so as to conform the provisions of law to the Eminent Domain
Procedure Act; to provide that acquisitions by the South Carolina Department
of Highways and Public Transportation under the "C" Fund program are exempt
from the requirements of all appraisal provisions of the Eminent Domain
Procedure Act; and to provide that nothing in the Eminent Domain Procedure Act
shall modify, abridge, or repeal Act 431 of 1984; and to repeal Sections
28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70,
28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30,
28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110,
28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180,
28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250,
28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320,
28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10,
28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50,
28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480,
31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70,
49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70,
49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130,
55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390,
57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460,
57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530,
57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370,
57-17-380, 57-17-390, 58-9-2040, 58-9-2050, 58-9-2060, 58-9-2070, 58-9-2080,
58-9-2090, 58-9-2110, 58-9-2120, 58-9-2130, 58-9-2140, 58-15-1210, 58-15-1220,
58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280,
58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340,
58-15-1350, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, and
59-19-240 relating to various provisions of law pertaining to the acquisition
of property, easements or rights-of-way, power of condemnation, right of
eminent domain, compensation for property taken, and other related matters
which are inconsistent with or in conflict with the provisions of the Eminent
Domain Procedure Act.-amended title
11/17/86 Senate Prefiled
11/17/86 Senate Referred to Committee on Judiciary
01/13/87 Senate Introduced and read first time SJ-89
01/13/87 Senate Referred to Committee on Judiciary SJ-91
01/21/87 Senate Recalled from Committee on Judiciary SJ-237
01/21/87 Senate Read second time SJ-241
01/21/87 Senate Unanimous consent for third reading on next
legislative day SJ-241
01/22/87 Senate Read third time and sent to House SJ-278
01/27/87 House Introduced and read first time HJ-227
01/27/87 House Referred to Committee on Judiciary HJ-228
05/06/87 House Committee report: Favorable with amendment
Judiciary HJ-2455
05/14/87 House Amended HJ-1755
05/14/87 House Read second time HJ-1810
05/19/87 House Read third time HJ-2896
05/19/87 House Returned HJ-2896
06/03/87 Senate House amendment amended SJ-2680
06/03/87 Senate Returned SJ-2680
06/03/87 House Concurred in Senate amendment and enrolled HJ-3638
06/25/87 Ratified R 246
06/30/87 Signed By Governor
07/09/87 Effective date 03/30/88
07/09/87 Act No. 173
07/13/87 Copies available
(A173, R246, S135)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2
TO TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT WHICH
PROVIDES FOR PROVISIONS OF LAW WHICH SHALL REGULATE THE EXPENDITURE OF FUNDS OF
THE STATE AND ITS POLITICAL SUBDIVISIONS AND ESTABLISH THE PROCEDURE FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50,
3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610,
5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30,
28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50,
49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150,
55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470,
57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130,
58-31-50, 59-19-200, 59-105-40, 59-117-70, AND 59-123-90, RELATING TO VARIOUS
PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR
RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION
FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES, AND ENTITIES, AND
PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE
EMINENT DOMAIN PROCEDURE ACT; TO PROVIDE THAT ACQUISITIONS BY THE SOUTH CAROLINA
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UNDER THE "C" FUND
PROGRAM ARE EXEMPT FROM THE REQUIREMENTS OF ALL APPRAISAL PROVISIONS OF THE
EMINENT DOMAIN PROCEDURE ACT; AND TO PROVIDE THAT NOTHING IN THE EMINENT DOMAIN
PROCEDURE ACT SHALL MODIFY, ABRIDGE, OR REPEAL ACT 431 OF 1984; AND TO REPEAL
SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70,
28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30,
28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110,
28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190,
28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270,
28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350,
28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40,
28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90,
28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80,
48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40,
49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110,
55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360,
57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460,
57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560,
57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380,
57-17-390, 58-9-2040, 58-9-2050, 58-9-2060, 58-9-2070, 58-9-2080, 58-9-2090,
58-9-2110, 58-9-2120, 58-9-2130, 58-9-2140, 58-15-1210, 58-15-1220, 58-15-1230,
58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290,
58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1350,
58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, AND 59-19-240 RELATING
TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS
OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION
FOR PROPERTY TAKEN, AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN
CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE ACT.
Whereas, the General Assembly finds that:
(1) The exercise of the power of eminent domain is an extraordinary right of
the State and its political subdivisions.
(2) The costs to the State and its political subdivisions of the exercise of
these powers are great, both in terms of the expenses of the property acquired
and in terms of the litigation expenses which often precede these acquisitions.
(3) The State has a fundamental fiscal interest in providing for an efficient
means of effecting acquisitions of property.
(4) The State also has a fundamental interest in preserving the property
rights of its citizens; and
Whereas, the General Assembly further finds that because of the magnitude of the
costs associated with the exercise of the power of eminent domain, immediate,
remedial legislative action to avoid a crisis is necessary; and
Whereas, it is the purpose of this act to improve and modify this system in order
to:
(1) establish a uniform procedure for the condemnation of property by the
State, its political subdivisions, and private entities so as to minimize the
costs of this litigation;
(2) establish provisions requiring the State, its political subdivisions, and
private entities to make an offer for property based upon an appraisal so as to
decrease or contain the cost of litigation of condemnation actions. Now,
therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Eminent Domain Procedure Act
SECTION 1. Title 28 of the 1976 Code is amended by adding:
"CHAPTER 2
The Eminent Domain Procedure Act
Article 1
General Provisions
Section 28-2-10. This chapter may be cited as 'The South Carolina Eminent
Domain Procedure Act' and any references to the term 'act', unless the context
clearly indicates otherwise, mean the South Carolina Eminent Domain Procedure
Act.
Section 28-2-20. This act amends the law of this State relating to procedures
for acquisitions of property and to the exercise of the power of eminent domain.
It is the intention of the General Assembly that this act is designed to create
a uniform procedure for all exercise of eminent domain power in this State. It
is not intended by the creation of this act to alter the substantive law of
condemnation, and any uncertainty as to construction which might arise must be
resolved in a manner consistent with this declaration. In the event of conflict
between this act and any other law with respect to any subject governed by this
act, this act shall prevail.
Section 28-2-30. As used in this act:
(1) 'Action' means condemnation action.
(2) 'Appraisal' means an opinion as to the value of compensation payable for
property, prepared by or under the direction of an individual qualified by
knowledge, skill, experience, training, or education to express an opinion as to
the value of the compensation. An appraisal includes the assessment of general
and specific benefits to the owner as offsets against any damages to the
property.
(3) 'Clerk of court' or 'clerk' means the clerk of court of common pleas of
the county in which the real property sought for acquisition by a condemnor, or
the major portion of the property, is located.
(4) 'Condemn' means to take property under the power of eminent domain.
(5) 'Condemnation action' includes all acts incident to the process of
condemning property after the service of a Condemnation Notice.
(6) 'Condemnee' means a person or other entity who has a record interest in
or holds actual possession of property that is the subject of a condemnation
action.
(7) 'Condemnor' means a person or other entity empowered to condemn.
(8) 'Court' means a circuit court of this State and includes, when the context
requires, any judge of the court.
(9) 'Crops' means any form of vegetation intended to be removed and used or
sold for commercial purposes, including without limitation grass, flowers,
fruits, vegetables, trees, vines, and nursery stock.
(10) 'Federal agency' means the United States or any agency or
instrumentality, corporate, or otherwise of the United States.
(11) 'Improvement' includes any building or structure, and any facility,
machinery, or equipment that cannot be removed from the real property on which
it is situated without substantial damage to the real property or other
substantial economic loss.
(12) 'Landowner' means one or more condemnees having a record fee simple
interest in the property condemned or any part thereof, as distinguished from
condemnees who possess a lien or other nonownership interest in the property;
where there are more than one, the term means the condemnees collectively,
unless expressly provided otherwise.
(13) 'Lien' means a security interest in property arising from contract,
mortgage, deed of trust, statute, common law, equity, or creditor action.
(14) 'Litigation expenses' means the reasonable fees, charges, disbursements,
and expenses necessarily incurred from and after service of the Condemnation
Notice, including, but not limited to, reasonable attorney 's fees, appraisal
fees, engineering fees, deposition costs, and other expert witness fees necessary
for preparation or participation in condemnation actions and the actual cost of
transporting the court and jury to view the premises.
(15) 'Local public entity' means a public entity other than the State.
(16) 'Person' includes a natural individual, partnership, corporation,
association, other legal or fiduciary entity, and a public entity.
(17) 'Property', 'real property', or 'land' means all lands, including
improvements and fixtures thereon, lands under water, easements and
hereditaments, corporeal or incorporeal, every estate, interest and right, legal
or equitable, in lands or water and all rights, interests, privileges, easements,
encumbrances, and franchises relating thereto, including terms for years and
liens by way of judgment, mortgage, or otherwise.
(18) 'Public body' means this State or any county, city, town, municipal
corporation, municipality, authority or other subdivision, agency or body or
instrumentality, corporate or otherwise, authorized by law to exercise the power
of eminent domain.
(19) 'Public works project' means any work or undertaking which is financed
in whole or in part by a federal agency or a public body, or is administered or
supervised or regulated by a federal agency or a public body.
Section 28-2-40. At any time before or after commencement of an action, the
parties may agree to and carry out, according to its terms, a compromise or
settlement as to any matter, including all or any part of the compensation or
other relief.
Section 28-2-50. A condemnor may comply with any federal statute, regulation,
or policy prescribing a condition precedent to the availability or payment of
federal financial assistance for any program or project for which the condemnor
is authorized to exercise the power of eminent domain.
Section 28-2-60. A condemnor may commence an action under this chapter for the
acquisition of an interest in any real property necessary for any public purpose.
The provisions of this chapter shall constitute the exclusive procedure whereby
condemnation may be undertaken in this State.
Section 28-2-70. (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.
(B) The condemnor and landowner shall make reasonable and diligent efforts to
negotiate an agreement upon the amount of compensation to be paid. The condemnor
shall certify to the court that a negotiated resolution of the conflict was
 attempted prior to the institution of the condemnation action. A failure of any
party to comply with this subsection is not a defense to a condemnation action.
(C) The condemnor shall have the authority, after reasonable notice to the
landowner, to enter upon the real property in which an interest is proposed to
be acquired for the purpose of making a survey, determining the location of
proposed improvements, or making an appraisal. In the event a landowner refuses
to allow entry, the circuit court may issue an ex parte order enforcing this
section. A landowner shall have no cause of action for trespass arising out of
the exercise of authority pursuant to this section.
Section 28-2-80. Any service required under this chapter may be made by
certified mail with return receipt requested or by any other means permitted by
law for service of a summons in civil cases. When service is made by certified
mail, the date of service must be the date of delivery, refusal, or last
attempted delivery as shown on the return receipt.
Section 28-2-90. A condemnor may take possession of property:
(1) at any time upon receipt of written consent of the record owner or owners
of fee simple title to the property;
(2) upon payment to the owner of mutually agreed compensation;
(3) upon deposit with the clerk of court in the county in which the property
to be condemned is situated, the amount stated in the Condemnation Notice as just
compensation for the property, the amount having been determined by the condemnor
pursuant to Section 28-2-70(a) before initiating the action;
(4) upon payment to the owner or deposit with the clerk of court of the amount
determined by the appraisal panel or awarded by the judgment in the condemnation
action.
Section 28-2-100. (A) If the acquisition of only part of a property would
leave its owner with an uneconomic remnant, the condemnor may acquire the remnant
concurrently by purchase or condemnation.
(B) 'Uneconomic remnant', as used in this section, means a remainder following
a partial taking of property, of that size, shape, or condition as to be of
little value or that gives rise to a substantial risk that the condemnor may be
required to pay in compensation for the part taken an amount substantially
equivalent to the amount that would be required to be paid if it and the
remainder were taken as a whole.
Section 28-2-110. (A) As soon as practicable after payment of the purchase
price or payment of or deposit in court of funds to satisfy the judgment in a
condemnation action, whichever is earlier, the condemnor shall pay or reimburse
the owner for any penalty costs for prepayment of any debt secured by a
preexisting lien, entered into or created in good faith, encumbering the
property, except where preempted by federal law. No prepayment penalty may be
imposed on any debt secured by a lien on real property which is subject to
condemnation if the lien was recorded subsequent to the effective date of this
act.
(B) The condemnor is allowed a credit against the amount owed the landowner
for the tax year in which the compensation is paid allocable to a period between
the first day of that year and the date of vesting of title in, or the effective
date of possession of the property by the condemnor, whichever is earlier. The
condemnor shall pay the taxes on the property taken for that year. This applies
only when fee simple title to the property is condemned. If the condemnor is the
State or any of its agencies or political subdivisions, taxes on the property
must be abated by the county treasurer effective upon the date of possession by,
or the date of vesting of title in, the condemnor, whichever is earlier.
(C) The condemnor shall pay interest as provided in Section 28-2-420.
Section 28-2-120. In the event of conflict between this act and the South
Carolina Rules of Civil Procedure, this act shall prevail.
Article 2
Actions in Condemnation
Section 28-2-210. Any condemnor may institute an action under this chapter for
the acquisition of an interest in any real property necessary for any public
purpose. The provisions of this act constitute the exclusive procedure whereby
condemnation may be undertaken in this State.
Section 28-2-220. (A) Prior to commencing a condemnation action, a condemnor
must elect to proceed either under Section 28-2-240, in which case the form of
Condemnation Notice prescribed by Section 28-2-280(C)(8) must be used, or under
Section 28-2-250, in which case the form of Condemnation Notice prescribed by
Section 28-2-280(C)(9) must be used.
(B) In the Condemnation Notice, the condemnor shall set forth the amount it
has determined to be just compensation pursuant to Section 28-2-70(A) which shall
constitute a tender of that amount.
(C) The landowner has thirty days after service of the Condemnation Notice to
give the condemnor written notice either that he rejects the amount tendered, or
that he accepts the amount tendered and agrees to execute those instruments as
may be necessary to convey to the condemnor the property or interest therein
described in the Condemnation Notice. A failure to respond to the tender
constitutes a rejection.
Section 28-2-230. (A) If the landowner rejects or does not accept the amount
tendered as just compensation within the thirty-day period, then the condemnor
may file the Condemnation Notice with the clerk of court and deposit with the
clerk the amount of just compensation stated in the notice. If the Condemnation
Notice is filed with the clerk of court, the clerk shall charge a fee for filing
the notice which must be the same as the fee charged for filing a summons and
complaint.
(B) The condemnor shall then serve written notice of the action upon the
condemnees and thereupon may proceed to take possession of the property or
interest therein described in the Condemnation Notice pursuant to Section
28-2-90. The condemnor may not abandon the condemnation action after taking
possession, except with consent of the landowner.
Section 28-2-240. (A) If the condemnor elects to proceed under this section,
and the amount tendered in the Condemnation Notice is rejected, the condemnor
shall file the Condemnation Notice with the clerk of court, if not already filed,
and shall serve upon the landowner and file with the clerk an affidavit stating:
(1) that the amount tendered in the Condemnation Notice has been rejected;
(2) that the condemnor demands a trial not earlier than sixty days after the
date of service of the affidavit, which date must be certified on the copy filed
with the clerk;
(3) whether the condemnor demands a trial by jury or by the court;
(4) whether the condemnor demands that the trial be given priority over
other cases; and
(5) the name and known address of each landowner whom the clerk should
notify of the call of the case for trial.
The affidavit may be executed by the condemnor or by its attorney.
(B) After the filing of the affidavit, the case shall proceed as provided in
Article III.
Section 28-2-250. (A) If the condemnor elects to proceed under this section
and if the amount tendered in the Condemnation Notice is rejected, an appraisal
panel must be established which shall determine an amount as just compensation
for the property taken, as provided in this section. The condemnor shall bear
the cost of the appraisal panel which must be a fee of not more than one hundred
dollars for each member plus the actual expenses, if any, of the panel incurred
in performing its duties.
(B) The appraisal panel shall consist of one member appointed by the
condemnor, one member other than a condemnee in that action appointed by the
landowner, and one member who must, as a minimum qualification, possess a South
Carolina real estate broker's license, appointed by the first two so appointed.
(C) The condemnor shall appoint one member in the Condemnation Notice. The
condemnor's appointee must not be an employee or former employee of the
condemnor. The landowner, acting jointly if there are more than one, shall have
until the thirtieth day following service of the Condemnation Notice to appoint
one member other than a condemnee in that action by written notice served upon
the condemnor. Within five days of the appointment of the landowner's member,
the two so appointed shall appoint a disinterested third member who as a minimum
qualification must hold a South Carolina real estate broker's license. The third
member appointed must be the chairman of the appraisal panel and is responsible
for convening the panel and reporting its determination to the condemnor. The
chairman of the appraisal panel shall receive additional compensation of fifty
dollars for services as chairman.
(D) If the landowner fails to appoint a member within the times provided
above, the clerk of court, upon written request by the condemnor, shall appoint
the member. If the first two fail to appoint a qualified third member within the
times provided above, the clerk of court, upon written request by the condemnor
or the landowner, shall appoint the member.
Section 28-2-260. (A) Within twenty days of the appointment of the third
member, the appraisal panel shall determine an amount as just compensation for
the property taken and shall report the determination in writing to the
condemnor. In making this determination, the appraisal panel shall conduct an
informal proceeding and shall consider all relevant evidence and information as
may be offered by the condemnor or the landowner.
(B) Within ten days of receipt of the appraisal panel's report:
(1) if the Condemnation Notice has not already been filed with the clerk of
court and the amount tendered therein deposited with the clerk, the condemnor
shall file the Condemnation Notice and a copy of the appraisal panel's report and
deposit the amount determined by the appraisal panel with the clerk; or
(2) if the Condemnation Notice has already been filed and the amount
tendered therein deposited with the clerk of court, the condemnor shall file a
copy of the appraisal panel's report with the clerk and, if the amount determined
by the panel exceeds the amount already deposited, excluding any interest
thereon, shall deposit the amount of the excess with the clerk; and
(3) the condemnor must serve upon the landowner written notice of the amount
determined by the appraisal panel and of the filing of the Condemnation Notice
and deposit of the amount determined. The notice shall also state whether the
condemnor accepts the determination of the appraisal panel or appeals therefrom
and must be in the form prescribed by Section 28-2-290.
(C) If the notice required by this section states that the condemnor accepts
the determination of the appraisal panel, then within thirty days of receipt of
the notice, the landowner must elect in writing served upon the condemnor either
to accept the amount determined by the appraisal panel or to appeal from the
determination. A failure to elect constitutes an acceptance of the amount so
determined.
Section 28-2-270. (A) If either the condemnor or any landowner appeals from
the determination of the appraisal panel, this party shall file a copy of the
notice thereof with the clerk of court within the time required for giving the
notice to the other party and shall certify on the filed copy the date the notice
was served.
(B) If both condemnor and landowner accept the determination of the appraisal
panel, the condemnor shall file with the clerk of court an affidavit that the
time for appeal has expired and no notice of appeal has been given by either
party. Thereupon, the clerk of court shall note upon a copy of the Condemnation
Notice the amount of the determination and the payment thereof by the condemnor
and shall cause the copy so annotated to be recorded and indexed in the same
manner as is provided by law for recording and indexing of deeds. If there is
no register of mesne conveyance, the clerk shall so record and index this copy
of the Condemnation Notice.
(C) If neither the condemnor nor the landowner appeals from the determination
of the appraisal panel, and the amount of the determination is less than the
amount already deposited by the condemnor, if any, then upon the filing of the
affidavit described in the preceding subsection, the clerk of court shall remit
to the condemnor the amount of excess deposited funds together with a pro rata
portion of the interest earned on the deposited funds.
(D) The time allowed for the appraisal panel to make and report its
determination may be extended by written consent by both condemnor and landowner.
(E) If the appraisal panel fails to make a determination of just compensation
within the time allowed or an extension thereof, if any, the panel chairman shall
certify this fact in writing to the condemnor, a copy of which the condemnor
shall serve upon the landowner and file with the clerk of court which shall have
the same effect as appeal by both the condemnor and the landowner from a
determination of the appraisal panel.
Section 28-2-280. (A) The Condemnation Notice must contain the information
and allegations required in this section and may contain any other information
relevant to the action.
(B) The Condemnation Notice must be captioned: CONDEMNATION NOTICE, TENDER
OF PAYMENT, and if applicable, AND NOTICE TO APPOINT APPRAISER.
(C) The Condemnation Notice must:
(1) designate the condemnor on whose behalf the property is to be taken;
(2) designate as 'landowner' all persons who are record owners of fee simple
title and as 'other condemnees' all persons who, to condemnor's knowledge, have
or claim any record interest in the property to be taken; condemnees whose names
are not known, including heirs, infants, persons under disability, and persons
who may be in military service, must be made parties by the collective name of
'unknown claimants';
(3) contain an appropriate legal description of the property to be taken or
out of which an interest will be taken, and of the interest to be taken;
(4) allege the basis of the condemnor's right to take the property by
eminent domain and maintain the action, including (i) a reference to the
condemnor's legal authority to take the property; (ii) a statement of the purpose
for which it is to be condemned; (iii) a declaration of whether the action is one
under Section 28-2-240 or under Section 28-2-250; and (iv) a statement that the
condemnor has complied with Section 28-2-70(A);
(5) have attached a map, diagram, sketch, or reference to project plans
showing, as far as practical, the property to be taken and, if less than all of
a whole parcel, the location of the interest taken upon or within the whole
parcel;
(6) specify a location within the county where the property to be taken is
situated at which the landowner may inspect the project plans;
(7) contain at least the following notice:
THE CONDEMNOR HAS DETERMINED JUST COMPENSATION FOR THE PROPERTY AND RIGHTS TO
BE ACQUIRED HEREUNDER TO BE THE SUM OF (insert the amount determined under
Section 28-2-70(A) in words and numbers) AND HEREBY TENDERS PAYMENT THEREOF TO
THE LANDOWNER.
Payment of this amount will be made to the landowner if within thirty days of
service of this Condemnation Notice, the landowner in writing requests payment,
and agrees to execute any instruments necessary to convey to the condemnor the
property interests and rights described hereinabove. The request and agreement
must be sent by first class certified mail with return receipt requested or
delivered in person to the condemnor at (insert the address to which the request
should be delivered). If no request and agreement is received by the condemnor
within the thirty-day period, the tender is considered rejected.
If the tender is rejected, the condemnor has the right to file this
Condemnation Notice with the clerk of court of the county where the property is
situated and deposit the tender amount with the clerk. The condemnor shall give
the landowner and other condemnees notice that it has done so and may then
proceed to take possession of the property interests and exercise the rights
described in this Condemnation Notice.
'AN ACTION CHALLENGING THE CONDEMNOR'S RIGHT TO ACQUIRE THE PROPERTY AND RIGHTS
DESCRIBED HEREIN MUST BE COMMENCED IN A SEPARATE PROCEEDING IN THE COURT OF
COMMON PLEAS WITHIN THIRTY DAYS OF THE SERVICE OF THIS CONDEMNATION NOTICE, OR
THE LANDOWNER WILL BE CONSIDERED TO HAVE WAIVED THE CHALLENGE.'
(8) if the action is brought under Section 28-2-240, contain at least the
following notice:
'THE CONDEMNOR HAS ELECTED NOT TO UTILIZE THE APPRAISAL PANEL PROCEDURE.
Therefore, if the tender herein is rejected, the condemnor shall notify the clerk
of court and shall demand a trial to determine the amount of just compensation
to be paid. A copy of that notice must be served on the landowner. That notice
shall state whether the condemnor demands a trial by jury or by the court without
a jury. The landowner has the right to demand a trial by jury. The case may not
be called for trial before sixty days after the service of that notice, but it
may thereafter be given priority for trial over other civil cases. The clerk of
court shall give the landowner written notice by mail of the call of the case for
trial.
THEREFORE, IF THE TENDER HEREIN IS REJECTED, THE LANDOWNER IS ADVISED TO OBTAIN
LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.'
(9) if the action is brought under Section 28-2-250, contain at least the
following notice:
'If the tender is rejected, the landowner has until the thirtieth day after
service of the Condemnation Notice within which to appoint a person who is not
a party named in this action to serve as a member of an appraisal panel. Notice
of appointment giving the name, address, and telephone number of the person
appointed must be delivered to the condemnor at (insert the condemnor's address
to which the notice of appointment should be delivered) within this period. If
the landowner fails to appoint a member within the time allowed, one will be
appointed for the landowner by the clerk of court upon the condemnor's request.
The condemnor hereby appoints (insert the name of the member appointed by
condemnor), whose address is (insert the member's address) and whose telephone
number is (insert the member's telephone number) as a member.
The two members so appointed must appoint a disinterested third member who
holds at least a South Carolina real estate broker's license. If the two fail
to appoint a third, the clerk of court shall appoint the third.
The appraisal panel shall determine an amount to be paid as just compensation
for the property interest and rights described hereinabove, within twenty days
after appointment of the third member. The appraisal panel shall report its
determination to the condemnor which shall notify the landowner of the amount
thereof. The landowner has thirty days from receipt of that notice in which to
either accept the determination of the appraisal panel or to appeal therefrom.'
Section 28-2-290. (A) The notice of the determination of the appraisal panel
required to be given by the condemnor to the landowner under Sections 28-2-260(B)
and (C) must be captioned NOTICE OF DETERMINATION OF APPRAISAL PANEL AND (NOTICE
OF APPEAL) or (NOTICE TO ELECT).
(B) The notice must at least:
(1) designate the parties to the action in the same manner as the
Condemnation Notice;
(2) state in words and numbers the amount determined by the appraisal panel
to be just compensation;
(3) contain one of the following statements:
'THE CONDEMNOR REJECTS AND APPEALS FROM THE DETERMINATION OF THE APPRAISAL PANEL
AND DEMANDS A TRIAL DE NOVO; (or) THE CONDEMNOR ACCEPTS THE DETERMINATION OF THE
APPRAISAL PANEL. WITHIN THIRTY DAYS OF RECEIPT OF THIS NOTICE, THE LANDOWNER MUST
NOTIFY THE CONDEMNOR IN WRITING, DELIVERED IN PERSON OR BY CERTIFIED MAIL, WITH
RETURN RECEIPT REQUESTED, TO CONDEMNOR AT (insert the condemnor's address) THAT
THE LANDOWNER ELECTS EITHER TO ACCEPT THE DETERMINATION OF THE APPRAISAL PANEL
OR TO APPEAL THEREFROM AND DEMAND A TRIAL DE NOVO. A NOTICE OF APPEAL MUST ALSO
BE FILED WITH THE CLERK OF COURT WITH THE DATE OF SERVICE NOTED THEREON. A
FAILURE TO GIVE NOTICE OF ELECTION WITHIN THE THIRTY-DAY PERIOD WILL CONSTITUTE
AN ACCEPTANCE OF THE APPRAISAL PANEL'S DETERMINATION AND A WAIVER OF THE RIGHT
TO APPEAL.
(and in either case)
A trial to determine just compensation will be by jury unless both parties
request trial by the court without a jury. The case may not be called for trial
before sixty days after the service of the Notice of Appeal but it may thereafter
be given priority for trial over other civil cases. The clerk of court shall
give the landowner notice by mail of the call of the case for trial.
THEREFORE, IF THE DETERMINATION OF THE APPRAISAL PANEL IS REJECTED, THE LANDOWNER
IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.'
(4) if notice of depositing funds with the clerk has not already been given
or possession has not already been taken, contain the following statement:
'The amount of the determination has been deposited with the clerk of court.
The condemnor now has the right to take possession of the property interests and
exercise the rights described in the Condemnation Notice.';
(5) contain the following statement:
'If the landowner accepts the determination of the appraisal panel, payment of
that amount will be made by the clerk of court.'
Article 3
Trial of Condemnation Actions
Section 28-2-310. (A) Upon the filing of the affidavit described in Section
28-2-240(A) or the filing of a Notice of Appeal under Section 28-2-260(B) or (C),
the action must be tried as provided in this article.
(B) If the condemnor and the landowner have demanded trial by the court
without a jury, the clerk shall place the action on the nonjury trial roster.
Otherwise, the action must be placed on the jury trial roster.
(C) If either the condemnor or the landowner so demands, the action must be
given precedence over other civil cases for trial.
(D) The case may not, in any event, be called for trial until at least sixty
days after the date of service upon the landowner of the Condemnation Notice, in
cases brought under Section 28-2-240, or the Notice of Appeal, in cases brought
under Section 28-2-250, unless both the condemnee and the landowner agree to a
shorter period.
Section 28-2-320. The appellant must be the movant on appeal from the
determination of the appraisal panel, shall have the burden of proof, and shall
have the right to open and close, except that notwithstanding which party is
appellant, the condemnor shall first offer one witness to describe the property
being taken and the purpose thereof. In the event both the landowner and the
condemnor appeal from the determination of the appraisal panel, the landowner is
deemed to be the appellant.
Section 28-2-330. Actions under this act are governed by the rules of evidence
applicable in civil actions.
Section 28-2-340. (A) For the purpose of determining the value of the land
sought to be condemned and fixing just compensation in a hearing before a judge
or in a trial before a jury, the following evidence (in addition to other
evidence which is relevant, material, and competent) is relevant, material, and
competent and may be admitted as evidence and considered by the judge or the
jury:
(1) evidence that a building or improvement is unsafe, unsanitary, or a
public nuisance or is in a state of disrepair and evidence of the cost to correct
the condition, even if no action has been taken by local authorities to remedy
the condition;
(2) evidence that any state public body charged with the duty of abating or
requiring the correction of nuisances or like conditions or demolishing unsafe
or unsanitary structures issued an order directing the abatement or correction
of any conditions existing with respect to the building or improvement or
demolition of the building or improvement and of the cost of compliance with an
order;
(3) evidence of the last assessed valuation of the property for purposes of
taxation and of any affidavits or tax returns made by the owner in connection
with the assessment which state the value of the property and of any income tax
returns of the owner showing sums deducted because of obsolescence or
depreciation of the property;
(4) evidence that the property or improvement is being used for illegal
purposes or is being so overcrowded as to be dangerous or injurious to the
health, safety, morals, or welfare of the occupants and the extent to which the
rentals therefrom are enhanced by reason of the use;
(5) evidence of the price and other terms upon any sale or the rent reserved
and other terms of any lease or tenancy relating to the property or to any
similar property in the vicinity when the sale or leasing occurred or the tenancy
existed within a reasonable time of the hearing.
(B) Upon motion of either party, the court shall permit the jury to inspect
the property which is the subject of the action, and if the trial is without a
jury, the court shall make the inspection.
Section 28-2-350. The award of compensation may not be increased by reason of
any increases in the value of the property resulting from the placement of a
public works project on it.
Section 28-2-360. In any condemnation action, benefits to be derived from the
proposed project including the value of any property or rights relinquished or
reverting to the landowner as a part or result thereof, must be taken into
consideration in determining the amount of compensation and due allowance made
for them.
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, and any benefits as provided in Section 28-2-360 may be considered.
Article 4
Miscellaneous
Section 28-2-410. All monies deposited pursuant to this act must be held at
interest by the clerk of court after thirty days of receipt. The clerk shall
invest the monies for the benefit of the parties as their interests are
determined.
Section 28-2-420. (A) A condemnor shall pay interest at the rate of eight
percent a year upon sums found to be just compensation by the appraisal panel or
judgment of a court to the condemnee. This interest shall accrue from the date
of filing of the Condemnation Notice through the date of verdict or judgment by
the court. Interest accruing on funds on deposit with the clerk of court must
be offset against the interest computed pursuant to this section. Interest shall
not accrue during the twenty-day period commencing upon the date of verdict or
order of judgment. If the judgment is not paid within the twenty-day period,
interest at the rate provided by law for interest on judgments must be added to
the judgment. Thereafter, the entire judgment shall earn interest at the rate
provided by law for interest on judgments.
(B) In the event the court determines that just compensation is due the
landowner in an amount less than the funds held by the clerk of court, the clerk
of court shall refund to the condemnor the balance of the excess deposit with
accrued interest.
Section 28-2-430. If an infant, person in military service, or other person
under a legal disability has not appeared in the proceedings by his duly
authorized legal representative, the court shall appoint an attorney as guardian
ad litem to represent those persons' interests.
Section 28-2-440. In all condemnation actions, the date of valuation is the
date of the filing of the Condemnation Notice. The risk of loss by reason of
damage to or destruction of the property subject to condemnation must be borne
by the condemnee until the date of possession by, or the date of vesting of title
in, the condemnor, whichever is earlier.
Section 28-2-450. The right of condemnation by a municipality is not limited
to the county in which the municipality is located.
Section 28-2-460. Unless the persons served with the Condemnation Notice agree
in writing as to whom just compensation must be made and paid, the appraisal
panel determination, verdict, or judgment must be made jointly to all the parties
and may be paid to the clerk of court. Upon making the payment, the condemnor's
obligation to pay interest upon the funds shall terminate. The payment of the
funds so awarded must be held by the clerk of court pending the final order of
the court of common pleas in an equity proceeding to which all persons served
with the Condemnation Notice must be necessary parties. From the order of the
court of common pleas there may be an appeal as provided for appeals from the
court in equity cases.
Section 28-2-470. An action challenging a condemnor's right to condemn must
be commenced in separate proceedings filed in the court of common pleas in the
county in which the property or a portion thereof is located. The action must
be commenced within thirty days after service of the Condemnation Notice upon the
landowner. All proceedings under the Condemnation Notice are automatically
stayed until the disposition of the action, if any, unless the landowner and the
condemnor consent otherwise. No issues involving the condemnor's right to
condemn may be heard in the trial upon the issue of just compensation.
Section 28-2-480. Upon written application, in form satisfactory to the clerk
of court, by all named condemnees at any time after which the condemnor has taken
possession, when the right to take is not contested, the clerk of court shall pay
to them the amount applied for up to fifty percent of the funds deposited with
the clerk of court by the condemnor in that action.
Section 28-2-490. Each condemnee who withdraws money under Section 28-2-480
waives all objections and defenses to the action and to the taking of his
property, except for any claim to greater compensation.
Section 28-2-500. The amount deposited, or withdrawn under Section 28-2-480,
is not admissible in evidence and may not be referred to at the trial.
Section 28-2-510. (A) If, in the action challenging the condemnor's right to
take, the court determines that the condemnor has no right to take all or part
of any landowner's property, the landowner's reasonable costs and litigation
expenses incurred therein must be awarded to the landowner. If the court
determines the right to take issue was not raised and litigated in good faith by
the landowner, the court must award the condemnor the reasonable costs and
litigation expenses incurred therein.
(B)(1) A landowner who prevails in the trial of a condemnation action, in
addition to his compensation for the property, may recover his reasonable
litigation expenses by serving on the condemnor and filing with the clerk of
court an application therefor within fifteen days after the entry of the
judgment. The application shall show that the landowner has prevailed, state the
amount sought, and include an itemized statement from an attorney or expert
witness representing or appearing at trial in behalf of the landowner stating the
fee charged, the basis therefor, the actual time expended, and all actual
expenses for which recovery is sought. If requested by any party or on its own
motion, the court shall hear the parties with respect to the matters raised by
the application and shall determine the amount of litigation expenses to be
awarded, which must be set forth in a written order to be filed with the clerk
of court which becomes part of the judgment. The court, in its discretion, may
reduce the amount to be awarded pursuant to this section, or deny an award, to
the extent that the landowner, during the course of the action, engaged in
conduct which unduly and unreasonably protracted the final resolution of the
action or to the extent the court finds that the position of the condemnor was
substantially justified or that special circumstances make an award unjust.
(2) For the purpose of this section, 'prevails'
means that the compensation awarded (other than by settlement) for the property,
exclusive of interest, is at least as close to the highest valuation of the
property that is attested to at trial on behalf of the landowner as it is to the
highest valuation of the property that is attested to at trial on behalf of the
condemnor."
Board to make use of Eminent Domain Procedure Act
SECTION 2. Section 1-11-110(2) of the 1976 Code is amended to read:
"(2) The State Budget and Control Board shall make use of the provisions
of the Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is necessary
to acquire real property by condemnation. The actions must be maintained by and
in the name of the Board. The right of condemnation is limited to the right to
acquire land necessary for the development of the capitol complex mall in the
City of Columbia."
Council may condemn
SECTION 3. Section 3-5-50 of the 1976 Code is amended to read:
"Section 3-5-50. If for any reason the South Carolina Coastal Council is
unable to secure any rights-of-way and spoil disposal area upon, across, or
through any such land, including submerged lands, property, or rights, by
voluntary agreement with the owner, the Council, acting for and in behalf of the
State may condemn it."
Commission shall substitute areas under certain conditions
SECTION 4. Section 3-5-100 of the 1976 Code is amended to read:
"Section 3-5-100. If any of the lands or property, the use of which is
acquired for the rights-of-way and spoil disposal areas has been leased by the
South Carolina Wildlife and Marine Resources Commission to any person for the
cultivation and gathering of oysters, the South Carolina Wildlife and Marine
Resources Commission shall substitute for the leased areas lying within the
rights-of-way and spoil disposal areas other equal areas lying without the
rights-of-way and spoil disposal areas that also are suitable for the cultivation
and gathering of oysters. The South Carolina Coastal Council may reimburse the
person for any direct actual losses resulting from the transfer of leased oyster
beds. If for any reason the South Carolina Wildlife and Marine Resources
Commission is unable to reach an agreement with the owner of the leased oyster
beds, the South Carolina Coastal Council, acting for the State, may condemn the
rights and property of the lessees in the leased areas."
Governor and Secretary of State to execute deed
SECTION 5. Section 3-5-330 of the 1976 Code is amended to read:
"Section 3-5-330. If for any reason the South Carolina Coastal Council
is unable to secure the right-of-way upon, across, or through the property by
voluntary agreement with the owner, the Council acting for the State, may condemn
the right-of-way. The Governor and the Secretary of State shall promptly execute
a deed for the condemned property to the United States."
Governing bodies with counties may accept real property of historical value
SECTION 6. Section 4-17-20 of the 1976 Code is amended to read:
"Section 4-17-20. The governing bodies of all counties in the State may
accept for their counties by gift, donation, or devise and may acquire by
purchase or condemnation action any real property of historical value by reason
of any war in which the United States of America or any section thereof
participated or by reason of any other historical event.
Upon acquiring the property, any governing body
shall preserve it and, when it considers it practicable, shall restore it so that
the historical value of the property is at its maximum. It shall do other
desirable things relating to the property to preserve and enhance its historical
value. The property referred to in this section shall include, but not be
limited to, battlefields, ruins of forts, and remains of military operations
during any war."
City Council may open streets, etc.
SECTION 7. Section 5-27-150 of the 1976 Code is amended to read:
"Section 5-27-150. The city council of any city containing more than five
thousand inhabitants may open new streets, close, widen, or alter streets in the
city when, in its judgment, it may be necessary for the improvement of the city.
It shall first pay damages, should any be claimed, to any landowner through whose
premises the streets may run, according to the Eminent Domain Procedure Act
(Chapter 2 of Title 28)."
Municipal Corporation may condemn land
SECTION 8. Section 5-31-420 of the 1976 Code is amended to read:
"Section 5-31-420. In case the owner of (a) any land situate within the
corporate limits and desired by a municipal corporation for any of the purposes
referred to in Section 5-31-410 or (b) any land desired by the corporation for
enlarging, extending, or establishing a sewerage system or a water system within
or without the corporate limits shall refuse to sell it, the municipal
corporation may condemn the land in the manner provided in the Eminent Domain
Procedure Act (Chapter 2 of Title 28)."
Cities and towns may purchase lands, etc.
SECTION 9. Section 5-31-430 of the 1976 Code is amended to read:
"Section 5-31-430. Cities and towns may purchase and hold suitable lands
and water and erect aqueducts, dams, canals, buildings, machine shops, and other
works and construct and lay conduits, mains, and pipes as may be necessary to
obtain and secure a supply of water and power for operating the waterworks and
electric light works. They may erect poles and wires along any of the adjacent
highways and in the cities and towns and may condemn (a) any property and lands,
the drainage from which would contaminate the water supply of the city or town,
(b) streams, lakes, or lands as may be required for the water supply of the city
or town, or (c) rights-of-way to enable them to lay mains and pipes for water,
sewerage, or drainage, and erect and operate the aqueducts, dams, canals and
water and electrical works and electric lines after paying to the owner just
compensation for the property or rights-of-way to be condemned, as determined in
the manner provided by the Eminent Domain Procedure Act (Chapter 2 of Title
28)."
Municipal Corporation condemn lands to establish water works
SECTION 10. Section 5-31-440 of the 1976 Code is amended to read:
"Section 5-31-440. Any municipal corporation in this State desiring to
establish waterworks or to enlarge or extend such works, whether it owns or
operates the plant or not, may condemn lands, water rights, and water privileges
or any other property, including existing waterworks or pipelines, or any part
of them, necessary for the purpose of establishing, maintaining, extending, or
operating a waterworks plant for supplying water to the municipal corporation and
to its citizens. Proper compensation must be first made to the owners. The
condemnation must be made in the manner provided in the Eminent Domain Procedure
Act (Chapter 2 of Title 28). No municipality shall condemn any waterworks during
the life of any franchise, nor when by contract there is any other method of
valuation for the purpose of acquisition by the municipality upon the expiration
of the franchise, except that the condemnation actions may be had during the last
year of the term of the franchise to take effect by the transfer of title and
possession immediately upon the expiration of such franchise. A municipal
corporation may also enter upon and condemn lands and tenements for the purpose
of protecting the watersheds from contamination, nuisances, or any condition
which may be a menace to the public health, upon proper compensation being first
made to the owner."
Powers
SECTION 11. Section 5-31-610(3) of the 1976 Code is amended to read:
"(3) Acquire existing waterworks by condemnation;".
Cities located on navigable stream may condemn
SECTION 12. Section 5-35-10 of the 1976 Code is amended to read:
"Section 5-35-10. When any city of this State having a population of ten
thousand inhabitants or more and located upon a navigable stream, whether tidal
or nontidal, desires to extend, improve, or protect its waterfront for public
purposes, it may acquire by condemnation all private property, within or without
the city or partly within and partly without the city, needed for the extension,
improvement, or protection. The right conferred on the city includes the right
to condemn the title or possession of any and all lands, water or riparian
rights, wharves, docks, warehouses, buildings, rights-of-way, or any other
property, including any property which may already have been condemned, when the
property is taken for the purpose of establishing, improving, developing,
maintaining, or operating the port and terminal utilities of the city for public
purpose. Title acquired under this section shall vest absolutely in the city.
No lands condemned under this section may be sold to private owners by the
city."
Boards of commissioners of districts have power to condemn
SECTION 13. Section 6-11-130 of the 1976 Code is amended to read:
"Section 6-11-130. The boards of commissioners of the districts shall
have power of condemnation."
Joint agency may condemn
SECTION 14. Section 6-23-290 of the 1976 Code is amended to read:
"Section 6-23-290. In order to effectuate the purposes of this chapter,
joint agencies may exercise the power of eminent domain in any county of this
State. A joint agency exercising the power of eminent domain for the purpose
authorized by this chapter has no power to condemn a facility under construction
or an existing facility or any facility to be constructed in the future used for
the generation, transmission, or distribution of electric power or energy."
Power
SECTION 15. Section 13-3-100(4)(n) of the 1976 Code is amended to read:
"(n) To have the power of eminent domain;".
Authority may condemn
SECTION 16. Section 13-11-80 of the 1976 Code is amended to read:
"Section 13-11-80. For the acquiring of rights-of-way and property
necessary for the accomplishment of its duties and purposes, the Authority may
purchase them by negotiation or may condemn them, and should it elect to exercise
the right of eminent domain, condemnation actions must be in the name of the
Authority. The power of eminent domain applies to all property of private
persons or corporations and also to property already devoted to public use within
the area of jurisdiction of the Authority."
Board of Corrections may purchase or condemn lands
SECTION 17. Section 24-1-230 of the 1976 Code is amended to read:
"Section 24-1-230. The Board of Corrections may purchase or condemn lands
for the construction of any building or sewerage or water line essential to the
operation of the prison system."
State authorities, commissions, etc., created to develop waterway may condemn
SECTION 18. Section 28-3-20 of the 1976 Code is amended to read:
"Section 28-3-20. All state authorities, commissions, boards, or
governing bodies established by the State of South Carolina, (hereinafter
referred to as 'state authority') which have been, or may be created in the
future, to develop waterways of the State for use in intrastate, interstate, and
foreign commerce; to construct, maintain, and operate powerhouses, dams, canals,
locks, and reservoirs; to produce, transmit, sell, and distribute electric power;
to reclaim and drain swampy and flooded lands; to improve health conditions of
the State; and to reforest watersheds, and for which purposes the acquisition of
property is necessary, have the right of eminent domain."
Public body exercising power to condemn for purposes set forth in Section 28-3-20
may condemn - conditions
SECTION 19. Section 28-3-30 of the 1976 Code is amended to read:
"Section 28-3-30. Any public body exercising the power of eminent domain
for purposes set forth in Section 28-3-20 shall, in the area determined by the
maximum high-water mark resulting from its activity and a line not exceeding one
hundred lineal feet beyond such high-water mark, arrange to permit the previous
owner of the one hundred foot strip, and his heirs and assigns, to pass over and
across the strip which may be acquired under this section, and any and all lands
of the state authority which are not actually covered with water at convenient
places for purposes of ingress and egress to the reservoirs of the state
authority, which right must be exercised so that it shall not interfere with any
dams, dikes, structures, and buildings of the state authority or the application
and use of the state authority of proper health and sanitation measures, and the
strip and all of the lands acquired by the authority may be controlled by the
authority for health and sanitation measures to the extent of exclusion of the
public from the strip and lands at all times as may be necessary. The public
bodies may also acquire by condemnation all water and flowage rights in land in
the vicinity of the projects specified in Section 28-3-20 which it may determine
to be necessary, useful, or convenient, or which might be damaged by reason of
the construction or operation of the projects, and on those lands the public
bodies may establish health control measures as may be necessary."
Lands not exempt from condemnation
SECTION 20. Section 28-3-140 of the 1976 Code is amended to read:
"Section 28-3-140. No lands, rights-of-way, easements, or any interests
in real or personal property which have been, or may be acquired for schools,
churches, graveyards, municipal corporations, or subdivisions of them, or for the
construction or use of any highway, railroad, railway, canal, telegraph, power
line, telephone, or other public service use are exempt from condemnation. In
any condemnation actions affecting properties of railroad, canal, telephone,
telegraph, electric power, and other public service companies, where the
companies have placed their structures across navigable streams, or canals and
waterways built or to be built for purposes of navigation and hydroelectric
purposes, the question of compensation and special damages, including the costs
of removing, rebuilding, or relocating structures of any kind belonging to the
companies on the properties, must be determined in accordance with principles of
law now prevailing.
No public electric utility property may be condemned unless it is located within
the proposed area of any reservoir, or is needed in connection therewith for
flowage purposes, or essential for the construction of any dam or reservoir or
tail race or navigation channel."
Authority may condemn in connection with any housing or slum clearance project
SECTION 21. Section 31-3-460 of the 1976 Code is amended to read:
"Section 31-3-460. Whenever it is considered necessary by an authority
in connection with the exercise of its powers to take or acquire any lands,
structures, or buildings or other rights, either in fee or as easements for any
housing or slum clearance project, the authority may purchase them directly or
through its agents from the owner or it may acquire them through the exercise of
the power of eminent domain."
County or municipality or combination of them may acquire sites by condemnation
SECTION 22. Section 46-19-130 of the 1976 Code is amended to read:
"Section 46-19-130. In order to enable any county or municipality or
combination of them to acquire a site or sites for the purposes specified in this
article, they shall have the power of eminent domain. The counties or municipal
corporations by their appropriate officers may secure the purchase price of any
property and equipment that may be purchased for the purposes by a first mortgage
on the property and equipment and may borrow money and receive and administer
grants from the government of the United States under any administration or
agency of the United States government and may comply with all the terms and
conditions necessary to borrow the money."
Power
SECTION 23. Section 48-11-110(1) of the 1976 Code is amended to read:
"(1) To acquire, by purchase, exchange, lease,
gift, grant, bequest, devise, or through condemnation actions lands, easements,
or rights-of-way needed to carry out any authorized purpose of the watershed
conservation district; and to sell, lease, or otherwise dispose of any of its
property or interests in the property for the purposes and provisions of this
chapter. The condemnation of an existing public use must be denied unless it may
be shown that the specific property to be condemned is absolutely essential to
the district, and the use to be condemned does not materially impair the existing
public use;".
Power
SECTION 24. Section 48-15-30(16) of the 1976 Code is amended to read:
"(16) To exercise the rights of eminent domain.
The condemnation of an existing public use must
be denied unless it is shown that the specific property to be condemned is
absolutely essential to the authority and the use to be condemned does not
materially impair the existing public use."
Authority may condemn for construction of drainage canals, etc.
SECTION 25. Section 48-15-50 of the 1976 Code is amended to read:
"Section 48-15-50. When political subdivisions of the State submit
requests to the authority for works of improvement, and when the authority
determines that the works of improvement to be installed is a feasible project
and consists entirely of construction of drainage canals, including necessary
clearing of vegetation, tidal flood gates, and disposition of excavated
materials, according to standards of good drainage and other works of improvement
as described in Section 48-15-30 (9), (10), (11), (12), (13), and (14), the
authority may by virtue of this chapter acquire by any means, including
condemnation rights-of-way and easements necessary to locate, survey, cause to
be constructed, and to maintain works of improvement for the purpose of draining
wet or overflow lands, or lands subject to overflow. The drainage or flood
prevention must be considered public benefits and conducive to public health,
convenience, and welfare."
Power to condemn
SECTION 26. Section 48-17-30(16) of the 1976 Code is amended to read:
"(16) To exercise the rights of eminent domain.
The condemnation of an existing public use must be denied unless it is shown
that the specific property to be condemned is absolutely essential to the
Authority and the use to be condemned does not materially impair the existing
public use."
Authority may condemn to construct flood water retarding dam, etc.
SECTION 27. Section 48-17-50 of the 1976 Code is amended to read:
"Section 48-17-50. When political subdivisions of the State submit
requests to the Authority for works of improvement, and when the Authority
determines that the works of improvement to be installed is a feasible project
and consists entirely of construction of floodwater retarding dam and stream
channel improvement, including necessary clearing of vegetation, and disposition
of excavated material, according to standards of good drainage and other works
of improvement as described in Section 48-17-30 (9), (10), (11), (12), (13), and
(14), the Authority may by virtue of this chapter acquire by any means, including
condemnation, rights-of-way, and easements necessary to locate, survey, cause to
be constructed, and to maintain works of improvement for the purpose of flood
preventing and draining wet or overflow lands, or lands subject to overflow. The
drainage or flood prevention must be considered public benefits and conducive to
public health, convenience, and welfare."
Power to condemn for outlet over lands not affected by drainage
SECTION 28. Section 49-17-1050 of the 1976 Code is amended to read:
"Section 49-17-1050. If it is necessary to acquire a right-of-way or an
outlet over and through lands not affected by the drainage and the right-of-way
or outlet is not acquired by purchase, the action to secure the condemnation of
any right-of-way which is necessary for the proper drainage of any drainage
district or any part of it and to fix the compensation is governed by the Eminent
Domain Procedure Act (Chapter 2 of Title 28)."
Commissioner's report to be confirmed
SECTION 29. Section 49-19-1060 of the 1976 Code is amended to read:
"Section 49-19-1060. If no exceptions are filed or if it is shown upon
the hearing of all of the exceptions that the estimated cost of construction of
improvements contemplated in the Plan of Reclamation is less than the benefits
assessed against the lands in the district, the court shall approve and confirm
the commissioners' report. If the court, upon hearing the objections filed,
finds that any or all the objections must be sustained it shall order the report
changed to conform with the findings and when so changed the court shall approve
and confirm the report and enter its decree accordingly. The court shall adjudge
and apportion the costs incurred by the exceptions filed and there must be
condemned any land or other property, within or without the boundary lines of the
district, that is shown by the report of the commissioners to be needed for
rights-of-way, holding basins, or other works or that may be needed for material
to be used in constructing the works, following the provisions of the Eminent
Domain Procedure Act (Chapter 2 of Title 28)."
Power to condemn
SECTION 30. Section 49-19-1440(12) of the 1976 Code is amended to read:
"(12) Condemn for the use of the district any land or property within or
without the district not acquired or condemned on the report of the commissioners
assessing benefits and damages, following the provisions of the Eminent Domain
Procedure Act (Chapter 2 of Title 28)."
Commission may condemn
SECTION 31. Section 50-13-1920 of the 1976 Code is amended to read:
"Section 50-13-1920. The South Carolina Wildlife and Marine Resources
Commission may acquire a sufficient number of acres of land in close proximity
to any dam, artificial lake, impounded water, or stream for the purpose of
establishing fish hatcheries or fish nurseries. The Commission may exercise the
power of eminent domain if necessary to accomplish this purpose."
Commission may condemn
SECTION 32. Section 50-19-1320 of the 1976 Code is amended to read:
"Section 50-19-1320. In order to carry out the
purposes of this article the power of condemnation is conferred upon the South
Carolina Wildlife and Marine Resources Commission. The power must be exercised
to condemn only property necessary, useful, or convenient for the purposes of
this article. All land acquired must be in fee simple and just compensation must
be paid for it."
Authority may condemn
SECTION 33. Section 51-13-780 of the 1976 Code is amended to read:
"Section 51-13-780. For the acquiring of rights-of-way and property
necessary for the construction of structures, including piers, ships, docks,
quays, and other riparian and littoral facilities and structures and approaches
to them and transportation facilities needful for their convenient use and
highways, causeways, and bridges and for the acquiring of property necessary for
the Patriot's Point development project, the Authority may purchase them by
negotiation or may condemn them. The power of eminent domain shall apply not
only to all property of private persons or corporations but also to property
already devoted to public use within the area of jurisdiction of the
Authority."
Authority may condemn
SECTION 34. Section 54-3-150 of the 1976 Code is amended to read:
"Section 54-3-150. For the acquiring of rights-of-way and property
necessary for the construction of terminal railroads and structures, including
railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships,
docks, quays, elevators, compresses, refrigerator storage plants, warehouses, and
other riparian and littoral terminals and structures and approaches to them and
transportation facilities needful for their convenient use and belt line roads
and highways, causeways, and bridges and other bridges and causeways, and for the
acquiring of property necessary for the river development project known as the
Savannah River Project Below Augusta, and for the acquiring of property necessary
for the development of a harbor or harbors within this State on the Savannah
River, the Authority may purchase them by negotiation or may condemn them. The
power of eminent domain shall apply not only to all property of private persons
or corporations but also as to property already devoted to public use."
Commission, counties, municipalities, and other subdivisions may acquire air
rights by condemnation
SECTION 35. Section 55-9-80 of the 1976 Code is amended to read:
"Section 55-9-80. When necessary in order to provide unobstructed
airspace for the landing and taking off of aircraft utilizing airports and
landing fields acquired or maintained under the provisions of this chapter, the
Commission and the counties, municipalities, and other subdivisions of this State
may acquire air rights over private property necessary to ensure safe approaches
to the landing areas of the airports and landing fields and for the purpose of
establishing and protecting aeroplane landing fields. Such air rights may be
acquired by grant, purchase, lease, or condemnation pursuant to the provisions
of the Eminent Domain Procedure Act (Chapter 2 of Title 28)."
Power to condemn
SECTION 36. Section 55-11-10(6) of the 1976 Code is amended to read:
"(6) Acquire property, real and personal, or any interest in it, by gift,
purchase, condemnation, devise, lease, or otherwise, as may be required in the
development and operation of a public airport;".
County officials may designate department
SECTION 37. Section 57-3-700 of the 1976 Code is amended to read:
"Section 57-3-700. With the approval of the Highways and Public
Transportation Commission, the county officials may designate the Department,
acting through its agents and employees, as agents of the county in securing
necessary rights-of-way and other lands."
Municipality or department may condemn
SECTION 38. Section 57-5-370 of the 1976 Code is amended to read:
"Section 57-5-370. Whenever the Department is required or authorized by
law to construct or improve streets within municipalities, the municipality or
the Department may condemn additional land necessary for the improvement of the
streets or property within the municipality required for materials with which to
construct highway embankments and surfacing."
Department may condemn
SECTION 39. Section 57-5-380 of the 1976 Code is amended to read:
"Section 57-5-380. The Department, for the purpose of acquiring property
as authorized by Section 57-5-320, may condemn lands, rights-ofway, and easements
of railroad, railway, telegraph, or other public service corporations. The
condemnation does not impair the ability of the railroad, railway, telegraph, or
other public service corporations to operate."
Governing body of county may condemn
SECTION 40. Section 57-21-200 of the 1976 Code is amended to read:
"Section 57-21-200. The governing body of the county may, in order to
carry out the purposes of this chapter, condemn land, rights-of-way, and
easements, whether they are owned by private corporations or individuals."
No sign may be removed; conditions
SECTION 41. Section 57-25-190(c) of the 1976 Code is amended to read:
"(c) No sign or other advertising device may be removed until the owner
of the property on which it is located has been fully compensated for any loss
which may be suffered by him as a result of the removal of the sign or device
through the termination of a lease or other financial arrangement with the owner
of the sign or device. The compensation shall include any damage to the
landowner's property occasioned by the removal of the sign or device. The
Department of Highways and Public Transportation is limited to an expenditure of
five million dollars for the
State of South Carolina's part of just compensation."
Department may acquire by purchase, etc., advertising signs, etc.
SECTION 42. Section 57-25-470 of the 1976 Code is amended to read:
"Section 57-25-470. (a) The Department of Highways and Public
Transportation may acquire by purchase, gift, or condemnation, and shall pay just
compensation upon the removal of the following outdoor advertising signs,
displays, and devices:
(1) those lawfully in existence on October 22, 1965;
(2) those lawfully erected on or after May 6, 1969.
(b) Compensation may be paid only for the following:
(1) the taking from the owner of a sign, display, or device of all right,
title, leasehold, and interest in the sign, display, or device; and
(2) the taking from the owner of the real property on which the sign,
display, or device is located, of the right to erect and maintain signs,
displays, and devices."
Department may acquire by purchase, etc., advertising signs, etc., conditions
SECTION 43. Section 57-25-680 of the 1976 Code is amended to read:
"Section 57-25-680. (a) The Department of Highways and Public
Transportation may acquire by purchase, gift, or condemnation, and shall pay just
compensation upon the removal of the following outdoor advertising signs,
displays, and devices:
(1) those lawfully in existence on October 22, 1965;
(2) those lawfully erected on or after June 11, 1969.
(b) Compensation may be paid only for the following:
(1) the taking from the owner of the sign, display, or device of all right,
title, leasehold, and interest in the sign, display, or device; and
(2) the taking from the owner of the real property on which the sign,
display, or device is located, of the right to erect and maintain signs,
displays, and devices."
Department may condemn to screen junkyards
SECTION 44. Section 57-27-70 of the 1976 Code is amended to read:
"Section 57-27-70. When the Department of Highways and Public
Transportation determines that the topography of the land adjoining the highway
does not permit adequate screening of a junkyard or the screening of the junkyard
would not be economically feasible, the Department may acquire by gift, purchase,
exchange, or condemnation, such interests in lands necessary to secure the
relocation, removal, or disposal of the junkyards, and to pay for the costs of
relocation, removal, or disposal. When the Department determines that it is in
the best interest of the State it may acquire lands, or interests in lands,
necessary to provide adequate screening of junkyards. The Department may
exercise the power of eminent domain whenever it is necessary, in the judgment
of the Department, to acquire lands, or interests therein, by condemnation."
Telegraph or telephone company may condemn
SECTION 45. Section 58-9-2030 of the 1976 Code is amended to read:
"Section 58-9-2030. Whenever any telegraph or telephone company desires
to construct its lines on, over, or under the lands of any person, including a
railroad or railway, and fails to agree with the owner of the lands upon the
compensation to be paid as damages for the right and use, the company may secure
the right and privilege by condemnation actions against the condemnees; provided,
however, in condemning railroad or railway property, the telegraph or telephone
company agrees to remove at its own expense, any of its poles, wires, structures,
or appurtenances if at any time their existence interferes with the right of the
defendant railroad or railway company to construct additional tracks, switches,
crossings, warehouses, depots, turntables, water tanks, or any other structures
for the use of such railroad or railway company upon reasonable notice given it,
at its expense, to such other points or places upon such right-of-way as may be
agreed by such companies and agreeing not to interfere or come in contact with
any other telegraph or telephone lines already constructed on such
right-of-way."
Canal company may condemn
SECTION 46. Section 58-15-410 of the 1976 Code is amended to read:
"Section 58-15-410. When a canal company is organized under this chapter
it has all the powers and privileges of electric light and power companies under
the laws of this State and may own, build, maintain, purchase, lease, and operate
the canal or canals specified in its charter and may build, maintain, purchase,
lease, own, and operate all dams, locks, reservoirs, feeders, basins, wharves,
appurtenances, ways, means, and appliances necessary to a canal. Any canal
company may acquire by lease or purchase the lands necessary for the above
purposes and when the canal is to be kept open for the use of the public for
navigation, the company may condemn lands necessary to perform its purpose."
Railroad company may condemn
SECTION 47. Section 58-17-1200 of the 1976 Code is amended to read:
"Section 58-17-1200. For the purposes mentioned
in Section 58-17-1190 any railroad company may acquire by purchase or gift and
hold real estate necessary, and if the real estate is not acquired by purchase
or gift, the railroad company may acquire it by condemnation."
Commission may condemn
SECTION 48. Section 58-19-30(5) of the 1976 Code is amended to read:
"(5) To exercise the power of eminent domain by and in the name of the
Commission. The Commission also may acquire the rights-of-way of abandoned
railroads by gift or purchase;".
Telephone companies may condemn; conditions
SECTION 49. Section 58-27-130 of the 1976 Code is amended to read:
"Section 58-27-130. Subject to the same duties and liabilities, all the
rights, powers, and privileges conferred upon telegraph and telephone companies
to acquire rights-of-way for the construction, maintenance, and operation of
lines under Sections 58-9-2020 to 58-9-2030 are granted unto electric lighting
and power companies incorporated under the laws of this State, or to those
companies incorporated under the laws of any other state which have complied with
the laws of this State regulating foreign corporations doing business in this
State, and to state authorities and rural electric cooperatives, and the right
is also granted to those companies and authorities and rural electric
cooperatives to acquire fee simple title or an easement in land by a condemnation
action, for the construction of electric generating plants, substations,
switching stations, and impounding of waters to be used in conjunction with
electric generating plants. No property or rights used for the generation or
transmission of electricity, or devoted to public use for such purposes, shall
be condemned hereunder."
Authority may condemn; conditions
SECTION 50. Section 58-31-50 of the 1976 Code is amended to read:
"Section 58-31-50. The Public Service Authority
may acquire by purchase, gift, condemnation, or in any other manner, any lands,
waters, water rights, riparian rights, flowage rights, easements, licenses,
franchises, engineering data, construction plans, or estimates prepared for the
development of the Cooper River and Santee River or any other real or personal
property necessary or useful in carrying out any of its purposes or exercising
any of its powers; but before the board of directors may acquire and pay for,
without condemnation any plans, specifications, franchises, or any kind of
property, belonging to or to belong to any private corporation previously
chartered by this State or any other state for the purpose of developing the
Santee-Cooper project, a full report of the proposed purchase must be submitted
in writing to the advisory board, which shall order a public hearing on the
proposed purchase and due notice of the hearing must be given by advertisement
to be published in at least three daily papers published in the State twice each
week for two consecutive weeks. The advisory board shall carefully investigate
the proposed purchase, and shall file its report in writing with the Secretary
of State and the board of directors of the Public Service Authority. If the
report recommends a price for the proposed purchase, the board of directors may
enter into a contract for the purchase; if the report disapproves the proposed
purchase, the board of directors may submit any amended proposed agreement, which
must be heard by the advisory board in the same manner, or shall proceed with
condemnation; the price to be paid to any private corporation for any of its
property is subject to the approval of the original purchaser of the first notes,
bonds, or other evidence of indebtedness issued under this chapter. The Public
Service Authority shall have the right of eminent domain to carry out the
purposes of this chapter."
Power to condemn
SECTION 51. Section 59-19-200 of the 1976 Code is amended to read:
"Section 59-19-200. In case any owner of any lot or parcel of land
refuses to sell it or demands what may be considered by the authorities an
unreasonable price, the authorities may proceed to condemn the land pursuant to
the Eminent Domain Procedure Act (Chapter 2 of Title 28)."
Condemnation for court purposes
SECTION 52. Section 59-105-40(7) of the 1976 Code is amended to read:
"(7) To condemn land for corporate purposes."
Trustees of university may condemn
SECTION 53. Section 59-117-70 of the 1976 Code is amended to read:
"Section 59-117-70. The trustees of the University of South Carolina may,
in their discretion, make use of the provisions of the Eminent Domain Procedure
Act (Chapter 2 of Title 28) to acquire land for which funds are provided by the
General Assembly."
Trustees of Medical University may condemn
SECTION 54. Section 59-123-90 of the 1976 Code is amended to read:
"Section 59-123-90. The board of trustees of The Medical University of
South Carolina is vested with the power of eminent domain. The authority granted
in this section applies only to private lands. The lands condemned must be used
by The Medical University in the performance of its functions in the acquisition,
construction, and operation of facilities for the University. Any new
construction undertaken by The Medical University within the corporate limits of
the City of Charleston must be done in compliance with the parking regulations
and ordinances of that city to the degree that the number of parking spaces
required by the regulations and ordinances must be provided on Medical University
property."
Repeal
SECTION 55. Sections 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50,
28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10,
28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100,
28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180,
28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260,
28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340,
28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30,
28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80,
28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70,
48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30,
49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100,
55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180,
57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450,
57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530,
57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370,
57-17-380, 57-17-390, 58-9-2040, 58-9-2050, 58-9-2060, 58-9-2070, 58-9-2080,
58-9-2090, 58-9-2110, 58-9-2120, 58-9-2130, 58-9-2140, 58-15-1210, 58-15-1220,
58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280,
58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340,
58-15-1350, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, and
59-19-240 of the 1976 Code are repealed.
Acquisitions of highway department exempt
SECTION 56. Acquisitions by the South Carolina Department of Highways and
Public Transportation under the "C" Fund program are exempt from the
requirements of all appraisal provisions of this act, including Section 28-2-70
of the 1976 Code.
Act 431 of 1984 provisions not affected
SECTION 57. Nothing in this act shall modify, abridge, or repeal Act 431 of
1984.
Time effective
SECTION 58. This act takes effect nine months from approval by the Governor. |
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