If for any reason the Department of Health and Environmental Control is unable to secure the right-of-way upon, across, or through the property by voluntary agreement with the owner, the Department of Health and Environmental Control acting for the State, may condemn the right-of-way. The Governor and the Secretary of State shall promptly execute a deed for the condemned property to the United States.
HISTORY: 1962 Code Section 70-283; 1952 Code Section 70-283; 1942 Code Section 6038; 1932 Code Section 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-283; 1952 Code Section 70-283; 1942 Code Section 6038; 1932 Code 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1987 Act No. 173 Section 5, eff nine months from approval by Governor (approved by Governor on June 30, 1987); 1993 Act No. 181 Section 50, eff July 1, 1994.
Effect of Amendment
The 1987 Amendment rewrote this section, removing references to condemnation of land under the provisions of Article 3 of Chapter 17 of Title 57.
The 1993 amendment substituted "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.