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H. 4371

STATUS INFORMATION

General Bill
Sponsors: Rep. Bingham
Document Path: l:\council\bills\agm\19589ab10.docx
Companion/Similar bill(s): 1187

Introduced in the House on January 20, 2010
Currently residing in the House Committee on Ways and Means

Summary: Land

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/20/2010  House   Introduced and read first time HJ-5
   1/20/2010  House   Referred to Committee on Ways and Means HJ-5

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/20/2010

TO AMEND SECTION 28-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENT OF PROPERTY OWNERS FOR CERTAIN EXPENSES RELATED TO THE TAKING OF LAND FOR PUBLIC USE, SO AS TO PROVIDE REIMBURSEMENT FOR REESTABLISHMENT EXPENSES PAYABLE PURSUANT TO FEDERAL GUIDELINES AND REGULATIONS TO MOVE A SMALL BUSINESS, FARM, OR NONPROFIT ORGANIZATION MAY BE PAID IN AN AMOUNT UP TO FIFTY THOUSAND DOLLARS NOTWITHSTANDING A LOWER LIMITATION IMPOSED BY FEDERAL REGULATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 28-11-30 of the 1976 Code is amended to read:

"Section 28-11-30.    To the extent that Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) makes certain requirements pertaining to the acquisition of real property by states prerequisites to Federal aid to such states in programs or projects involving the acquisition of real property for public uses, State agencies and instrumentalities and political subdivisions and local government agencies and instrumentalities involved in such these programs or projects are empowered to may expend available public funds as provided hereafter in this section, whether or not the program or project is federally aided.

(1)    Any A person, agency or other entity acquiring real property for public use in any a project or program shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses he necessarily incurred for:

(a)    recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State;

(b)    penalty costs for prepayment for preexisting recorded mortgage entered into in good faith encumbering such real property; and

(c)    the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency concerned, or the effective date of possession of such real property by such agency, whichever is the earlier.

(2)    Where a condemnation proceeding is instituted by the agency to acquire real property for such use and:

(ia)    the final judgment is that the real property cannot be acquired by condemnation; or

(iib)    the proceeding is abandoned, the owner of any right, title or interest in such real property shall be paid such sum as will, in the opinion of the agency, reimburse such owner for his reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings. The award of such these sums will be paid by the person, agency or other entity which sought to condemn the property.

(3)    Where an inverse condemnation proceeding is instituted by the owner of any a right, title or interest in real property because of use of his property in any a program or project, the court, rendering a judgment for the plaintiff in such the proceeding and awarding compensation for the taking of property, or the attorney effecting a settlement of any such a proceeding, shall determine and award or allow to such the plaintiff, as a part of such the judgment or settlement, such a sum as that will, in the opinion of the court or the agency's attorney, reimburse such the plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such the proceeding.

(4)    Reestablishment expenses payable pursuant to federal guidelines and regulations to move a small business, farm, or nonprofit organization may be paid in an amount up to fifty thousand dollars notwithstanding a lower limitation imposed by federal regulations."

SECTION    2.    This act takes effect upon approval by the Governor.

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