(A) If the condemnor elects to proceed under this section and if the amount tendered in the Condemnation Notice is rejected, an appraisal panel must be established which shall determine an amount as just compensation for the property taken, as provided in this section. The condemnor shall bear the cost of the appraisal panel which must be a fee of not more than one hundred dollars for each member plus the actual expenses, if any, of the panel incurred in performing its duties.
(B) The appraisal panel shall consist of one member appointed by the condemnor, one member other than a condemnee in that action appointed by the landowner, and one member who must, as a minimum qualification, possess a South Carolina real estate broker's license, appointed by the first two so appointed.
(C) The condemnor shall appoint one member in the Condemnation Notice. The condemnor's appointee must not be an employee or former employee of the condemnor. The landowner, acting jointly if there are more than one, shall have until the thirtieth day following service of the Condemnation Notice to appoint one member other than a condemnee in that action by written notice served upon the condemnor. Within five days of the appointment of the landowner's member, the two so appointed shall appoint a disinterested third member who as a minimum qualification must hold a South Carolina real estate broker's license. The third member appointed must be the chairman of the appraisal panel and is responsible for convening the panel and reporting its determination to the condemnor. The chairman of the appraisal panel shall receive additional compensation of fifty dollars for services as chairman.
(D) If the landowner fails to appoint a member within the times provided above, the clerk of court, upon written request by the condemnor, shall appoint the member. If the first two fail to appoint a qualified third member within the times provided above, the clerk of court, upon written request by the condemnor or the landowner, shall appoint the member.
HISTORY: 1987 Act No. 173, Section 1.
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.