South Carolina Code of Laws
Chapter 2 - The Eminent Domain Procedure Act
Section 28-2-110. Reimbursement for penalty costs for prepayment of secured debt; payment of taxes on property for year in which taking occurs; payment of interest.

(A) As soon as practicable after payment of the purchase price or payment of or deposit in court of funds to satisfy the judgment in a condemnation action, whichever is earlier, the condemnor shall pay or reimburse the owner for any penalty costs for prepayment of any debt secured by a preexisting lien, entered into or created in good faith, encumbering the property, except where preempted by federal law. No prepayment penalty may be imposed on any debt secured by a lien on real property which is subject to condemnation if the lien was recorded subsequent to the effective date of this act.
(B) The condemnor is allowed a credit against the amount owed the landowner for the tax year in which the compensation is paid allocable to a period between the first day of that year and the date of vesting of title in, or the effective date of possession of the property by the condemnor, whichever is earlier. The condemnor shall pay the taxes on the property taken for that year. This applies only when fee simple title to the property is condemned. If the condemnor is the State or any of its agencies or political subdivisions, taxes on the property must be abated by the county treasurer effective upon the date of possession by, or the date of vesting of title in, the condemnor, whichever is earlier.
(C) The condemnor shall pay interest as provided in Section 28-2-420.
HISTORY: 1987 Act No. 173, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 28 - Eminent Domain

Chapter 2 - The Eminent Domain Procedure Act

Section 28-2-10. Short title.

Section 28-2-20. Intent of General Assembly.

Section 28-2-30. Definitions.

Section 28-2-40. Compromise or settlement permitted.

Section 28-2-50. Compliance with federal requirements permitted.

Section 28-2-60. Application of act.

Section 28-2-70. Appraisal of property; necessity of negotiation; condemnor's right to enter upon land for limited purposes.

Section 28-2-80. Service of process.

Section 28-2-90. When condemnor may take possession of property.

Section 28-2-100. Acquisition of uneconomic remnant or remaining property.

Section 28-2-110. Reimbursement for penalty costs for prepayment of secured debt; payment of taxes on property for year in which taking occurs; payment of interest.

Section 28-2-120. Eminent Domain Procedure Act to prevail over Rules of Civil Procedure.

Section 28-2-210. Right to institute action; exclusive procedures.

Section 28-2-220. Election between trial and appraisal panel; condemnation notice; acceptance or rejection of offer tendered in notice.

Section 28-2-230. Filing of condemnation notice; deposit of amount of compensation; filing fees; notice of filing; right to take possession; abandonment of action.

Section 28-2-240. Election to proceed with condemnation by way of trial after rejection of amount tendered.

Section 28-2-250. Election to proceed with condemnation by way of appraisal panel after rejection of amount tendered, appointment of panel; time for making appointments; failure to appoint.

Section 28-2-260. Determination by appraisal panel of just compensation; filing of appraisal panel's report; notice requirements; acceptance of or appeal from determination.

Section 28-2-270. Filing requirements upon acceptance of or appeal from report of appraisal panel; recording of acceptance of report; disposition of funds on deposit with clerk of court; extension of time allowed for making report; failure of panel t...

Section 28-2-280. Form and content of condemnation notice.

Section 28-2-290. Form and content of notice of report of appraisal panel.

Section 28-2-310. Application of Article 3; demand for nonjury trial; precedence of action; minimum time between notice and trial.

Section 28-2-320. Proceedings on appeal.

Section 28-2-330. Rules of evidence.

Section 28-2-340. Evidence which may be admitted in trials of condemnation actions; inspection of property.

Section 28-2-350. Increase in value of property by reason of public works project not to be considered.

Section 28-2-360. Benefits of public works project to landowner to be considered.

Section 28-2-370. Just compensation to include only value of property taken, damage to remaining land, and benefits to landowner.

Section 28-2-410. Interest on and investment of monies deposited with clerk of court.

Section 28-2-420. Interest on amount found to be just compensation; return of excess funds deposited with clerk of court.

Section 28-2-430. Appointment of guardian ad litem.

Section 28-2-440. Date of valuation; risk of loss.

Section 28-2-450. Extent of municipality's right of condemnation.

Section 28-2-460. Parties to whom just compensation must be made and paid.

Section 28-2-470. Proceedings to challenge condemnor's right to condemn.

Section 28-2-480. Condemnees' right to portion of funds on deposit with clerk of court after condemnor has taken possession.

Section 28-2-490. Waiver of objections and defenses to taking upon withdrawing portion of funds on deposit with clerk of court.

Section 28-2-500. Amount deposited with or withdrawn from clerk of court not relevant evidence.

Section 28-2-510. Award of costs and litigation expenses; procedures; prevailing landowner defined.