(A) Within twenty days of the appointment of the third member, the appraisal panel shall determine an amount as just compensation for the property taken and shall report the determination in writing to the condemnor. In making this determination, the appraisal panel shall conduct an informal proceeding and shall consider all relevant evidence and information as may be offered by the condemnor or the landowner.
(B) Within ten days of receipt of the appraisal panel's report:
(1) if the Condemnation Notice has not already been filed with the clerk of court and the amount tendered therein deposited with the clerk, the condemnor shall file the Condemnation Notice and a copy of the appraisal panel's report and deposit the amount determined by the appraisal panel with the clerk; or
(2) if the Condemnation Notice has already been filed and the amount tendered therein deposited with the clerk of court, the condemnor shall file a copy of the appraisal panel's report with the clerk and, if the amount determined by the panel exceeds the amount already deposited, excluding any interest thereon, shall deposit the amount of the excess with the clerk; and
(3) the condemnor must serve upon the landowner written notice of the amount determined by the appraisal panel and of the filing of the Condemnation Notice and deposit of the amount determined. The notice shall also state whether the condemnor accepts the determination of the appraisal panel or appeals therefrom and must be in the form prescribed by Section 28-2-290.
(C) If the notice required by this section states that the condemnor accepts the determination of the appraisal panel, then within thirty days of receipt of the notice, the landowner must elect in writing served upon the condemnor either to accept the amount determined by the appraisal panel or to appeal from the determination. A failure to elect constitutes an acceptance of the amount so determined.
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.