(A) If either the condemnor or any landowner appeals from the determination of the appraisal panel, this party shall file a copy of the notice thereof with the clerk of court within the time required for giving the notice to the other party and shall certify on the filed copy the date the notice was served.
(B) If both condemnor and landowner accept the determination of the appraisal panel, the condemnor shall file with the clerk of court an affidavit that the time for appeal has expired and no notice of appeal has been given by either party. Thereupon, the clerk of court shall note upon a copy of the Condemnation Notice the amount of the determination and the payment thereof by the condemnor and shall cause the copy so annotated to be recorded and indexed in the same manner as is provided by law for recording and indexing of deeds. If there is no register of mesne conveyance, the clerk shall so record and index this copy of the Condemnation Notice.
(C) If neither the condemnor nor the landowner appeals from the determination of the appraisal panel, and the amount of the determination is less than the amount already deposited by the condemnor, if any, then upon the filing of the affidavit described in the preceding subsection, the clerk of court shall remit to the condemnor the amount of excess deposited funds together with a pro rata portion of the interest earned on the deposited funds.
(D) The time allowed for the appraisal panel to make and report its determination may be extended by written consent by both condemnor and landowner.
(E) If the appraisal panel fails to make a determination of just compensation within the time allowed or an extension thereof, if any, the panel chairman shall certify this fact in writing to the condemnor, a copy of which the condemnor shall serve upon the landowner and file with the clerk of court which shall have the same effect as appeal by both the condemnor and the landowner from a determination of the appraisal panel.
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.