S 0121 General Bill, By M.T. Rose and Rankin

Similar(S 374)
 A BILL TO ENACT THE "SOUTH CAROLINA PRIVATE PROPERTY PROTECTION ACT".

   10/03/94  Senate Prefiled
   10/03/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-46
   01/10/95  Senate Referred to Committee on Judiciary SJ-46

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, 1996, 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, 1996, 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, 1996, 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, 1996, 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, 1996.