A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 28-2-70, RELATING TO THE APPRAISAL OF PROPERTY AND CONDEMNOR'S RIGHT TO ENTER UPON LAND FOR LIMITED PURPOSES SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY CONDEMNOR TO KNOWINGLY MAKE CERTAIN FALSE, FRAUDULENT, OR DECEPTIVE STATEMENTS TO A CONDEMNEE; BY ADDING SECTION 28-2-65 SO AS TO PROVIDE FOR CERTAIN NOTICES BEFORE INITIATING AN APPRAISAL; BY ADDING SECTION 28-2-130 SO AS TO PROVIDE FOR A CIVIL PENALTY FOR KNOWINGLY MAKING CERTAIN FALSE, FRAUDULENT, OR DECEPTIVE STATEMENTS TO A CONDEMNEE; AND BY AMENDING SECTION 58-37-120, RELATING TO APPLICATIONS FOR PERMITS FOR ENERGY INFRASTRUCTURE PROJECTS, SO AS TO PROVIDE THAT A PERSON WHO INTENDS TO FILE CERTAIN APPLICATIONS MUST PROVIDE WRITTEN NOTICE.

 

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

 

SECTION 1.  Section 28-2-70 of the S.C. Code is amended by adding:

 

    (D)(1) It is unlawful for any condemnor or person representing a condemnor to knowingly make a false, fraudulent, or deceptive statement to a condemned regarding:

           (a) the public use of the proposed project; or

           (b) the condemnation process including, but not limited to, the legal authority or process timeline.

       (2) This includes, but is not limited to, the written notice as described in Section 28-2-65.

 

SECTION 2.  Article 1, Chapter 2, Title 28 of the S.C. Code is amended by adding:

 

    Section 28-2-65. (A) Before initiating an appraisal pursuant to Section 28-2-70, the condemned must receive a written notice that must contain, at a minimum, the following information:

       (1) identity and contact information of the condemnor;

       (2) the proposed project for which the condemnor may pursue a condemnation action and a description of the condemnee's property for which the condemnor is interested;

       (3) the condemnee's right to just compensation;

       (4) the condemnee's right to an independent appraisal of the property;

       (5) a description of the legal process for the Eminent Domain Procedure Act including, but not limited to, the statutory citation for this chapter; and

       (6) the condemnee's right to seek independent legal counsel.

    (B) This written notice must be provided to the condemned by certified mail with return receipt requested or by personal service.

 

SECTION 3.  Article 1, Chapter 2, Title 28 of the S.C. Code is amended by adding:

 

    Section 28-2-130.  (A) A condemnor or any person representing a condemnor who violates the provisions of Section 28-2-70(D) is subject to a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars. Each false, fraudulent, or deceptive statement constitutes a separate violation.

    (B) If a property interest was obtained through the use of eminent domain but the condemnor or any person representing the condemnor has been found liable for a violation of Section 28-2-70(D) during the process of obtaining the property interest, the condemned may void the property interest transfer.

    (C) A condemnor who violates the provisions of Section 28-2-70(D) is liable for the condemner's litigation costs including, but not limited to, costs to transfer the property interest back to the condemned.

 

SECTION 4.  Section 58-37-120(A) of the S.C. Code is amended to read:

 

    (A)(1) A person who intends to file an application with an agency for a permit for an energy infrastructure project that may result in the use of eminent domain must provide written notice via certified mail to any property owner whose property may be acquired. This written notice must be postmarked at least sixty days prior to the filing of the application and must clearly state the:

           (a) intended use for the project and its preferred and alternative routes;

           (b) contact information for the person who intends to file the application and the Office of Regulatory Staff; and

           (c) information listed in Section 28-2-65.

       (2) Any agency presented with an application for a permit for an energy infrastructure project shall promptly provide a public comment period if required by regulation and shall hold a public meeting to solicit feedback from members in the affected communities. Public notice of this meeting must be provided in a newspaper of general circulation in each county where the energy infrastructure project is proposed to be located, written notice provided to local and state elected officials representing the affected districts, and on the applicant's and agency's respective websites.

       (3) The agency and shall review and issue a decision on the application no later than six months after the date the application is received by the agency. If the agency fails to undertake review of and take final action upon the application within the six-month review period, as defined in subsection (A)(3)(5), the application shall be deemed approved, and the agency shall promptly issue documentation of such approval.

       (2)(4) Within thirty days of receipt of an application, the agency shall determine if the application is complete. If the agency determines the application is incomplete, the agency will notify the applicant, and the applicant will have fifteen days to complete the application. The applicant and the agency may mutually agree in writing to extend the time period for completion of the application. After the fifteen days, or the mutually agreed upon date for completion, if the agency determines the application is incomplete, then the agency may deny the application.

       (3)(5) The six-month review period shall commence upon the date of filing unless the application is deemed incomplete pursuant to subsection (A)(2)(4). In the event the application as submitted is determined by the agency to be incomplete, the six-month review period shall commence upon the date such application is determined by the agency to be complete, provided that such completion occurs within the period provided for in subsection (A)(2)(4).

 

SECTION 5.  This act takes effect upon approval by the Governor.

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