If and when any such oyster beds or oysters growing therein shall have been damaged by muddy water or by other effects of such dredging operations any person holding such oyster beds in fee simple or in leasehold or owning the oysters growing therein or any person engaged in the prosecution of the work of constructing the waterway shall be privileged to apply to the South Carolina Department of Health and Environmental Control to survey such oyster beds and oysters and to determine the extent and amount of such damage. Upon any such application, the Department of Health and Environmental Control shall proceed promptly to survey the damage done to such oyster beds and oysters and to determine the identity of the person causing such damage and the identity of the owner in fee or in leasehold of such oyster beds and oysters suffering such damage. The South Carolina Department of Health and Environmental Control may subpoena witnesses to assist in the determination of such facts. The department of Health and Environmental Control must afford the owner of the alleged damaged oyster beds and oysters and the person alleged to have caused the damage an opportunity to be heard.
HISTORY: 1962 Code Section 70-262; 1952 Code Section 70-262; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-262; 1952 Code Section 70-262; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 42, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council" and "Council."
Structure South Carolina Code of Laws
Title 3 - U.S. Government, Agreements and Relations With
Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways
Section 3-5-20. Right of United States to use previously submerged lands raised by projects.
Section 3-5-40. Acquisition of land needed from private persons or public service companies.
Section 3-5-80. Surveys for purpose of determining property uses.
Section 3-5-90. State shall retain jurisdiction over property granted.
Section 3-5-100. Areas leased for cultivation and gathering of oysters; rights of lessees.
Section 3-5-110. Damages to oysters and oyster beds beyond area of waterway.
Section 3-5-120. Survey and determination of damage to oyster beds or oysters.
Section 3-5-130. Coastal Division to make determination of actual damages.
Section 3-5-140. Review of and appeal of damage determinations; recording final award.
Section 3-5-150. Cost of survey to be repaid.
Section 3-5-160. Accounting for moneys recovered.
Section 3-5-170. Removal of cultivated oysters which might be damaged to different leased area.
Section 3-5-180. Remedies with respect to oysters beyond limits of acquired areas exclusive.
Section 3-5-190. Compensation for damage to oysters precludes further claims for damage.
Section 3-5-310. Right of way from Little River to Winyah Bay.
Section 3-5-320. Acquisition of lands from private persons or public service companies.
Section 3-5-360. Surveys for purpose of determining property uses.