Upon the filing with the clerk of court of any such award there shall be added thereto as a part thereof the costs of the survey held to determine the damage resulting in such award. Such costs shall be repaid to the Department of Health and Environmental Control by the person against whom the award is given. If it shall be finally determined that no damage has been done the cost of the survey shall be paid by the person requesting the survey.
HISTORY: 1962 Code Section 70-265; 1952 Code Section 70-265; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-265; 1952 Code Section 70-265; 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 45, eff July 1, 1994.
Effect of Amendment
The 1993 amendment rewrote this section.
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.