South Carolina General Assembly
118th Session, 2009-2010

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Bill 1119


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 28-2-340 OF THE 1976 CODE, RELATING TO EVIDENCE WHICH MAY BE ADMITTED IN CONDEMNATION ACTIONS, TO PROVIDE THAT EVIDENCE OF THE MOST RECENT ASSESSED VALUATION OF THE PROPERTY PRIOR TO THE TAKING COMPARED TO THE ASSESSED VALUATION OF THE PROPERTY AFTER THE TAKING; AND TO AMEND ARTICLE 5, CHAPTER 29, TITLE 6, BY ADDING SECTION 6-29-845, TO PROVIDE THAT IN DETERMINING AN AWARD IN A TAKINGS LAWSUIT, THE JUDGE MAY CONSIDER EVIDENCE OF THE MOST RECENT ASSESSED VALUATION OF THE PROPERTY PRIOR TO THE TAKING COMPARED TO THE ASSESSED VALUATION OF THE PROPERTY AFTER THE TAKING.

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

SECTION    1.    Section 28-2-340(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )    evidence of the most recent assessed valuation of the property prior to the taking compared to the assessed valuation of the property after the taking."

SECTION    2.    Article 5, Chapter 29, Title 6 of the 1976 Code is amended by adding:

"Section 6-29-845.    In determining the amount of an award in any takings lawsuit, the judge or jury may consider evidence of the most recent assessed valuation of the property prior to the taking compared to the assessed valuation of the property after the taking."

SECTION    3.    This act takes effect upon approval by the Governor.

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