Current Status Bill Number:81 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Giese, Elliott, Rose Drafted Document Number:PFM\7004BDW.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Eminent domain
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTIONS 28-2-60 AND 28-2-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTION UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE FOR THE CONDEMNOR TO HAVE THE BURDEN OF PROOF TO SHOW THE CONDEMNATION IS REASONABLE FOR THE PUBLIC PURPOSE TO BE SERVED AND THE PRIVATE PROPERTY TO BE ALTERED OR DESTROYED; AND TO AMEND SECTION 28-2-320, RELATING TO APPEALS FROM DETERMINATIONS BY THE APPRAISAL PANEL UNDER THE ACT, SO AS TO REQUIRE THE CONDEMNOR TO HAVE THE BURDEN OF PROOF IF THE LANDOWNER AND THE CONDEMNOR APPEAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. A condemnor may commence an action under this chapter for the acquisition of an interest in any real property necessary and reasonable for any the public purpose to be served and the private property to be altered or destroyed. The condemnor has the burden of proof. The provisions of This chapter shall constitute constitutes the exclusive procedure whereby under which condemnation may be undertaken in this State."
SECTION 2. Section 28-2-210 of the 1976 Code is amended to read:
"Section 28-2-210. Any A condemnor may institute an action under this chapter for the acquisition of an interest in any real property necessary and reasonable for any the public purpose to be served and the private property to be altered or destroyed. The condemnor has the burden of proof. The provisions of This act constitute chapter constitutes the exclusive procedure whereby under which condemnation may be undertaken in this State."
SECTION 3. Section 28-2-320 of the 1976 Code is amended to read:
"Section 28-2-320. The appellant must be the movant on appeal from the determination of the appraisal panel, shall have has the burden of proof, and shall have has the right to open and close, except that. However, notwithstanding which party is the appellant, the condemnor shall first shall offer one witness to describe the property being taken and the its purpose thereof. In the event If both the landowner and the condemnor appeal from the determination of the appraisal panel, the landowner is deemed to be the appellant, except the condemnor has the burden of proof."
SECTION 4. This act takes effect upon approval by the Governor.