S 188 Session 109 (1991-1992)
S 0188 General Bill, By M.T. Rose
A Bill to enact the "South Carolina Private Property Protection Act".
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-73
01/08/91 Senate Referred to Committee on Judiciary SJ-73
A BILL
TO ENACT THE "SOUTH CAROLINA PRIVATE PROPERTY
PROTECTION ACT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "South
Carolina Private Property Protection Act".
SECTION 2. (A) Whenever implementation by the State or any
of its political subdivisions of any regulatory program or law operates
to reduce the fair market value of real property to less than fifty percent
of its fair market value for the uses permitted at the time the owner
acquired the title, or January 1, 1992, whichever is later, the property is
deemed to have been taken for the use of the public. These regulatory
programs include, but are not limited to, land use planning or zoning
programs.
(B) The owner or user has the right to require condemnation by
and just compensation from the governmental unit, or units, when more
than one governmental unit is involved, imposing the regulation or law
resulting in decreased value, or to receive compensation for the
reduction in value caused by government action, and in either case to
have the just compensation determined by a jury. When more than one
governmental unit is involved, the court shall determine the proportion
each unit is required to contribute to the compensation.
(C) The compensation must be for the full value of the interest
taken or for the full amount of the decrease in fair market value and may
not be limited to the amount by which the decrease in fair market value
exceeds fifty percent.
(D) Governmental units subject to the provisions of this act may
not make waiver of the provisions of this act a condition for approval of
the use of real property or the issuance of any permit or other
entitlement. Plaintiffs may accept an approval of use, permit, or other
entitlement granted by the governmental unit without compromising
their rights under this act if:
(1) a written reservation of rights is made at the time of
acceptance of the authorization, permit, or other entitlement; or
(2) an oral statement is made before the governmental unit
granting the authorization, permit, or other entitlement at a public
meeting at which the governmental unit renders its decision.
(E) The owner may make his reservation in either or both forms.
SECTION 3. No compensation is required by virtue of this act if the
regulatory program or law is an exercise of the police power to prevent
uses noxious in fact, or to prevent demonstrable harm, to the health and
safety of the public. A use is deemed a noxious use if, and only if, it
amounts to a public nuisance in fact. Determination by the
governmental unit or units involved that a use is a noxious use or poses
a demonstrable harm to public health and safety is not binding upon the
court. Review of the governmental unit's, or units', determination is de
novo.
SECTION 4. (A) The statute of limitations for actions brought
pursuant to this act is the statute of limitations for ordinary actions
brought for injuries to real property. The statute of limitations begins to
run upon the final administrative decision implementing the regulatory
program affecting a plaintiff's property. This statute of limitations
applies to any claim which may be brought pursuant to any other
provision of law.
(B) A law or program is implemented with respect to an owner's
property when actually applied to that property unless the enactment of
the law or program by itself operates to reduce the fair market value of
the real property, or any legally recognized interest in the real property,
to less than fifty percent of its fair market value for the uses permitted
at the time the owner acquired title, or January 1, 1992, whichever is
later, without further governmental action and the program contains no
provision allowing for relief from the program's operation.
(C) This act applies not only to new regulatory programs but also
to the application of regulatory programs in effect on the effective date
of this act, including, but not limited to, land use laws or zoning laws
and regulations regarding the owner's property.
SECTION 5. (A) If the governmental unit which is found to have
inversely condemned the property is unwilling or unable to pay the costs
awarded, it may instead relax the land use planning, zoning, or other
regulatory program as it affects the plaintiff's land and all similarly
situated land in the jurisdiction in which the regulatory program is in
effect, to the level of regulation in place as of the time the owner
acquired title or January 1, 1992, whichever is later. In that event, the
governmental unit is liable to the plaintiff landowner for the reasonable
and necessary costs of the inverse condemnation action, plus any actual
and demonstrable economic losses caused the plaintiff by the regulation
during the period in which it was in effect.
(B) This section does not affect any remedy which is
constitutionally required.
(C) Notwithstanding any other provision of law, the governmental
unit or units subject to an award of compensation under this act may
elect to relax the land use planning, zoning, or other regulatory program
without further public hearing or proceedings or environmental review.
If the governmental unit or units elect to so relax the affected regulatory
program, the previously effective program is automatically in effect.
(D) Any permit, authorization, or other entitlement granted under
a program rolled back pursuant to this section continues to be valid,
notwithstanding any provision of law in the program reinstated by the
rollback.
SECTION 6. Nothing in this act may be construed to preclude
property owners from bringing legal challenges to regulatory programs
affected by this act in instances where the diminution in value of the
property or the use of the property caused by the regulatory programs
does not exceed fifty percent of fair market value for the uses permitted
at the time the owner acquired title, or January 1, 1992, whichever is
later. This act also may not be construed to preclude property owners
from bringing legal challenges to regulatory programs affected by this
act based on other provisions of law.
SECTION 7. This act takes effect January 1, 1992.
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