If the title to any part of the lands, including submerged lands, property or property rights, required by the United States Government for the construction and maintenance of the aforesaid intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof, and the Ashley River and Shipyard River projects shall be in any private person, firm or corporation, telephone or telegraph company or other public service corporation or shall have been donated or condemned for public or public service purposes by any political subdivision of this State or any public service corporation, the South Carolina Department of Health and Environmental Control may, acting for and in behalf of the State, secure the above described rights of way and spoil disposal areas for such intracoastal waterway and all its tributaries and for the Ashley River and Shipyard River projects upon, across and through such lands, including submerged lands, or any part thereof, including oyster beds, telephone and telegraph lines, railroad lines, property of other public service corporations and other property and property rights, by purchase, donation or otherwise, through agreement with the owner when possible. And when any such easement or property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States.
HISTORY: 1962 Code Section 70-254; 1952 Code Section 70-254; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-254; 1952 Code Section 70-254; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40), 1902; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181, Section 37, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal 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.