(A) Prior to commencing a condemnation action, a condemnor must elect to proceed either under Section 28-2-240, in which case the form of Condemnation Notice prescribed by Section 28-2-280(C)(8) must be used, or under Section 28-2-250, in which case the form of Condemnation Notice prescribed by Section 28-2-280(C)(9) must be used.
(B) In the Condemnation Notice, the condemnor shall set forth the amount it has determined to be just compensation pursuant to Section 28-2-70(A) which shall constitute a tender of that amount.
(C) The landowner has thirty days after service of the Condemnation Notice to give the condemnor written notice either that he rejects the amount tendered, or that he accepts the amount tendered and agrees to execute those instruments as may be necessary to convey to the condemnor the property or interest therein described in the Condemnation Notice. A failure to respond to the tender constitutes a rejection.
HISTORY: 1987 Act No. 173, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner in 2016, in (B), "n" was changed to "In", and in (C) "he landowner" was changed to "The landowner", to correct a typographical error.
Structure South Carolina Code of Laws
Chapter 2 - The Eminent Domain Procedure Act
Section 28-2-20. Intent of General Assembly.
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 28-2-80. 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 28-2-120. Eminent Domain Procedure Act to prevail over Rules of Civil Procedure.
Section 28-2-210. Right to institute action; exclusive procedures.
Section 28-2-280. Form and content of condemnation notice.
Section 28-2-290. Form and content of notice of report of appraisal panel.
Section 28-2-320. Proceedings on appeal.
Section 28-2-330. Rules of evidence.
Section 28-2-360. Benefits of public works project to landowner to be considered.
Section 28-2-410. Interest on and investment of monies 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 28-2-500. 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.