(A) Upon the filing of the affidavit described in Section 28-2-240(A) or the filing of a Notice of Appeal under Section 28-2-260(B) or (C), the action must be tried as provided in this article.
(B) If the condemnor and the landowner have demanded trial by the court without a jury, the clerk shall place the action on the nonjury trial roster. Otherwise, the action must be placed on the jury trial roster.
(C) If either the condemnor or the landowner so demands, the action must be given precedence over other civil cases for trial.
(D) The case may not, in any event, be called for trial until at least sixty days after the date of service upon the landowner of the Condemnation Notice, in cases brought under Section 28-2-240, or the Notice of Appeal, in cases brought under Section 28-2-250, unless both the condemnee and the landowner agree to a shorter period.
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 Amount deposited with or withdrawn from clerk of court not relevant evidence.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.