A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-29-1230 SO AS TO PERMIT THE COURT TO AWARD ATTORNEY'S FEES AND COSTS INCURRED BY AN APPLICANT AND/OR PROPERTY OWNER TO DEFEND AN APPELLATE PROCEEDING WHERE THE COURT DISMISSES THE APPEAL OR THE DECISION IS NOT REVERSED; SO AS TO ESTABLISH AN APPLICANT AND/OR PROPERTY OWNER IS NOT ENTITLED TO RECOVER IN AN APPEAL WHERE THE DECISION WAS GRANTED FOR A SPECIAL EXCEPTION; SO AS TO PROVIDE THAT THE AMOUNT AWARDED SHALL NOT EXCEED REASONABLE ATTORNEY'S FEES THAT THE APPLICANT AND/OR THE PROPERTY OWNER INCUR; AND SO AS TO INCLUDE THE FACTORS TO CONSIDER IN DETERMINING A REASONABLE RATE FOR ATTORNEY'S FEES.

 

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

 

SECTION 1.  Chapter 29, Title 6 of the S.C. Code is amended by adding:

 

    Section 6-29-1230. (A) The court may award the applicant and/or property owner whose application was approved by the planning commission, board of zoning appeals, board of architectural review, or a similar body the reasonable attorney's fees and costs incurred to defend the decision in appellate proceedings brought pursuant to this chapter. The applicant and/or property owner is presumptively entitled to recover his fees and costs from an appellant or appellants if the court dismisses such appeal or if the decision is not reversed on appeal.

    (B) An applicant and/or property owner is not entitled to recover under this Section in any appeal of a decision granting an application for a special exception.

    (C) In no event shall the amount awarded exceed the fees that the applicant and/or property owner contracted to pay counsel for work relating to the appeal. Attorney's fees shall be limited to a reasonable time expended at a reasonable rate. Factors to be applied in determining a reasonable rate include:

       (1) the nature, extent, and difficulty of the case;

       (2) the time devoted;

       (3) the professional standing of counsel;

       (4) the beneficial results obtained; and

       (5) the customary legal fees for similar services.

 

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

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