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Sponsors: Reps. Barfield, Clark, Bailey, Altman, Vaughn, Loftis, Taylor, M.A. Pitts, Littlejohn, Sandifer, E.H. Pitts, Bowers, Clemmons, Kirsh, Bales, Hamilton, Mahaffey, McCraw, Witherspoon, Leach, Miller, Battle, Chalk, Ceips, Scarborough, Brady, Rice, Dantzler, Viers, Vick and Funderburk
Document Path: l:\council\bills\bbm\9002mm06.doc
Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary
Summary: Eminent domain
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/16/2005 House Prefiled 11/16/2005 House Referred to Committee on Judiciary 1/10/2006 House Introduced and read first time HJ-19 1/10/2006 House Referred to Committee on Judiciary HJ-19
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VERSIONS OF THIS BILL
TO AMEND SECTIONS 28-2-20, 28-2-30, AND 28-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO "PUBLIC PURPOSE" IN CONNECTION WITH THE EXERCISE OF EMINENT DOMAIN, SO AS TO EXPRESS THE GENERAL ASSEMBLY'S INTENT AS TO DETERMINATION OF A PUBLIC NEED JUSTIFYING THE EXERCISE OF EMINENT DOMAIN, TO DEFINE "PUBLIC PURPOSE" AND "PUBLIC USE", AND TO CONFORM A REFERENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 28-2-20 of the 1976 Code is amended to read:
"Section 28-2-20. (A) This act amends the law of this State relating to procedures for acquisitions of property and to the exercise of the power of eminent domain. It is the intention of the General Assembly that this act
is designed to create a uniform procedure for all exercise of eminent domain power in this State. It is not intended by the creation of this act to alter the substantive law of condemnation, and any uncertainty as to construction which might arise arises must be resolved in a manner consistent with this declaration. In the event of conflict betweenIf this act and conflicts with any other law with respect to any subject governed by this act, this act shall prevailprevails.
(B) It is the further intent of the General Assembly that, in defining 'public purpose' and 'public use' in this chapter, this State establish its basis for the determination of a public need justifying its exercise of eminent domain."
SECTION 2. Section 28-2-30(19) of the 1976 Code is amended to read:
"(19) 'Public purpose' or 'public use' means a purpose or use that results in a significant and direct benefit to the public. It does not mean a secondary benefit to the public which is merely incidental, indirect, or pretextual when the primary benefit inures to a private person or entity.
(20) 'Public works project' means any work or undertaking which is financed in whole or in part by a federal agency or a public body, or is administered or supervised or regulated by a federal agency or a public body."
SECTION 3. 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 for any public purpose or public use. The provisions of this chapter shall constitute the exclusive procedure whereby condemnation may be undertaken in this State."
SECTION 4. This act takes effect upon approval by the Governor.
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