South Carolina Code of Laws
Chapter 2 - The Eminent Domain Procedure Act
Section 28-2-30. Definitions.

As used in this act:
(1) "Action" means condemnation action.
(2) "Appraisal" means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property.
(3) "Clerk of court" or "clerk" means the clerk of court of common pleas of the county in which the real property sought for acquisition by a condemnor, or the major portion of the property, is located.
(4) "Condemn" means to take property under the power of eminent domain.
(5) "Condemnation action" includes all acts incident to the process of condemning property after the service of a Condemnation Notice.
(6) "Condemnee" means a person or other entity who has a record interest in or holds actual possession of property that is the subject of a condemnation action.
(7) "Condemnor" means a person or other entity empowered to condemn.
(8) "Court" means a circuit court of this State and includes, when the context requires, any judge of the court.
(9) "Crops" means any form of vegetation intended to be removed and used or sold for commercial purposes, including without limitation grass, flowers, fruits, vegetables, trees, vines, and nursery stock.
(10) "Federal agency" means the United States or any agency or instrumentality, corporate, or otherwise of the United States.
(11) "Improvement" includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial economic loss.
(12) "Landowner" means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are more than one, the term means the condemnees collectively, unless expressly provided otherwise.
(13) "Lien" means a security interest in property arising from contract, mortgage, deed of trust, statute, common law, equity, or creditor action.
(14) "Litigation expenses" means the reasonable fees, charges, disbursements, and expenses necessarily incurred from and after service of the Condemnation Notice, including, but not limited to, reasonable attorney's fees, appraisal fees, engineering fees, deposition costs, and other expert witness fees necessary for preparation or participation in condemnation actions and the actual cost of transporting the court and jury to view the premises.
(15) "Local public entity" means a public entity other than the State.
(16) "Person" includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity.
(17) "Property", "real property", or "land" means all lands, including improvements and fixtures thereon, lands under water, easements and hereditaments, corporeal or incorporeal, every estate, interest and right, legal or equitable, in lands or water and all rights, interests, privileges, easements, encumbrances, and franchises relating thereto, including terms for years and liens by way of judgment, mortgage, or otherwise.
(18) "Public body" means this State or any county, city, town, municipal corporation, municipality, authority or other subdivision, agency or body or instrumentality, corporate or otherwise, authorized by law to exercise the power of eminent domain.
(19) "Public works project" means any work or undertaking which is financed in whole or in part by a federal agency or a public body, or is administered or supervised or regulated by a federal agency or a public body.
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.