South Carolina Code of Laws
Chapter 2 - The Eminent Domain Procedure Act
Section 28-2-20. Intent of General Assembly.

This act amends the law of this State relating to procedures for acquisitions of property and to the exercise of the power of eminent domain. It is the intention of the General Assembly that this act is designed to create a uniform procedure for all exercise of eminent domain power in this State. It is not intended by the creation of this act to alter the substantive law of condemnation, and any uncertainty as to construction which might arise must be resolved in a manner consistent with this declaration. In the event of conflict between this act and any other law with respect to any subject governed by this act, this act shall prevail.
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.