If for any reason the South Carolina Department of Health and Environmental Control is unable to secure any rights-of-way and spoil disposal area upon, across, or through any such land, including submerged lands, property, or rights, by voluntary agreement with the owner, the South Carolina Department of Health and Environmental Control, acting for and in behalf of the State may condemn it.
HISTORY: 1962 Code Section 70-255; 1952 Code Section 70-255; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-255; 1952 Code Section 70-255; 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; 1987 Act No. 173 Section 3, eff nine months from approval by Governor (approved by Governor on June 30, 1987); 1993 Act No. 181, Section 38, 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 "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.