S 1254 General Bill, By R.C. Shealy
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 1
 to Title 28 so as to establish the Private Property Protection Act, to provide
 definitions, protection of private property from public taking, require
 administrative review by the Attorney General, and to provide for judicial
 review.

   02/04/92  Senate Introduced and read first time SJ-7
   02/04/92  Senate Referred to Committee on Judiciary SJ-7

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ESTABLISH THE PRIVATE PROPERTY PROTECTION ACT, TO PROVIDE DEFINITIONS, PROTECTION OF PRIVATE PROPERTY FROM PUBLIC TAKING, REQUIRE ADMINISTRATIVE REVIEW BY THE ATTORNEY GENERAL, AND TO PROVIDE FOR JUDICIAL REVIEW.

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

SECTION 1. Title 28 of the 1976 Code is amended by adding:

Section 28-1-10. This act may be cited as the `Private Property Protection Act of 1991'.

Section 28-1-20. As used in this chapter:

(1) `Agency' means all state, county, or local agencies, political subdivisions, special purpose districts, or other bodies politic which engage in activity with the potential for taking private property, including any military department of the State of South Carolina, any entity of state government, local governments or municipalities, their agencies, or political subdivisions, or other agency of the executive branch of the State of South Carolina.

(2) `Taking of private property' means an activity where the value of private property is decreased more than five percent or where the private property is taken to the extent that compensation to the owner of that property is required by Article 1, Section 13 of the Constitution of this State.

Section 28-1-30. No regulation promulgated after the effective date of this act by any agency becomes effective until the issuing agency is certified by the Attorney General to be in compliance with procedures to assess the potential for the taking of private property in the course of regulatory activity established by the Attorney General.

Section 28-1-40. The Attorney General shall establish procedures to assess the potential for taking of private property similar to those procedures established for the federal government by the United States Executive Order 12630.

Section 28-1-50. (A) Judicial review of actions taken pursuant to this chapter is limited to whether the Attorney General has certified the issuing agency as in compliance with its procedures. The judicial review is permitted in the same forum and at the same time as the issued regulations are subject to judicial review. Only persons adversely affected or grieved by agency action have standing to challenge that action as contrary to this chapter. In no event shall the review include any issue regarding claims against the State not arising out of torts for which the courts have jurisdiction.

(B) This section does not affect any other available judicial review of agency action."

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