Current Status Bill Number:5022 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980414 Primary Sponsor:Inabinett All Sponsors:Inabinett, M. Hines, Lloyd, Boan, J. Brown, Byrd, Canty, Davenport and Bowers Drafted Document Number:pt\1836dw.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Property appraisal, value determined by condemnor's appraiser or one hundred twenty-five percent by assessor, Taxation
Body Date Action Description Com Leg Involved
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House 19980414 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 28-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPRAISAL OF PROPERTY BEFORE A CONDEMNATION ACTION IS INSTITUTED UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE THAT IN CERTAIN CASES INVOLVING THE APPRAISAL OF OWNER-OCCUPIED RESIDENTIAL PROPERTY, THE APPRAISAL MUST BE THE VALUE DETERMINED BY THE CONDEMNOR'S APPRAISER OR ONE HUNDRED TWENTY-FIVE PERCENT OF THE APPRAISED VALUE OF THE PROPERTY AS DETERMINED BY THE LOCAL TAX ASSESSOR, WHICHEVER IS GREATER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 28-2-70(A) of the 1976 Code is amended to read:
"(A) Before initiating a condemnation action, the condemnor shall cause the property to be appraised to determine the amount that would constitute just compensation for its taking and shall make the appraisal available to the landowner. In cases involving the appraisal of owner-occupied residential property, the appraisal must be the value determined by the condemnor's appraiser or one hundred twenty-five percent of the appraised value of the property as determined by the local tax assessor, whichever is greater if a condemned residence is not inhabitable or a building in which a business is operated cannot conduct business."
SECTION 2. This act takes effect upon approval by the Governor.