Current Status Bill Number:1046 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980218 Primary Sponsor:Russell All Sponsors:Russell Drafted Document Number:kgh\15449mm.98 Companion Bill Number:4575 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Property, condemnation of regulated public utility, appraisal defined, replacement costs; Eminent domain
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980218 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PUBLIC UTILITY TO INCLUDE IN THE VALUATION FOR COMPENSATION AN OPINION AS TO THE REPLACEMENT COST, LESS DEPRECIATION; TO AMEND SECTION 28-2-340, RELATING TO EVIDENCE ADMISSIBLE AS TO THE VALUE OF LAND IN CONDEMNATION PROCEEDINGS, SO AS TO REQUIRE EVIDENCE OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY; AND TO AMEND SECTION 28-3-140, RELATING TO CONDEMNATION OF PUBLIC OR PUBLIC SERVICE PROPERTY, SO AS TO REQUIRE CONSIDERATION OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY COMPANY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 28-2-30(2) of the 1976 Code is amended to read:
"(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. If the appraised property includes all or a substantial portion of the property of a regulated public utility, the opinion as to the value of compensation payable for the property must include, with other methods of valuation, an opinion as to the replacement cost, less depreciation."
SECTION 2. Section 28-2-340(A) of the 1976 Code is amended by adding a new item to read:
"(6) evidence of the replacement cost of the property, less depreciation, in proceedings involving the condemnation of all or a substantial portion of the property of a regulated public utility."
SECTION 3. Section 28-3-140 of the 1976 Code is amended to read:
"Section 28-3-140. (A) 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 a highway, railroad, railway, canal, telegraph, power line, telephone, or any other public service use are not exempt from condemnation.
(B) In any a condemnation actions action affecting properties property of a railroad, canal, telephone, telegraph, electric power, and or any other public service companies company,:
(1) where the companies have company has placed their its 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 company on the properties property, must be determined in accordance with principles of law now prevailing;
(2) where the rate of return of a public utility company is set by a regulating commission, agency, or similar public entity, the question of valuation of compensation payable for property must include consideration of the replacement cost of the property, less depreciation, when the condemnation involves all or a substantial portion of the property of the regulated public utility company.
(C) No A public electric utility property may not be condemned unless it is located within the proposed area of any a reservoir, or is needed in that connection therewith for flowage purposes, or is essential for the construction of any a dam, or reservoir, or tail race, or navigation channel."
SECTION 4. This act takes effect upon approval by the Governor.