The power of eminent domain shall not be exercised by a limited dividend housing corporation except with specific authorization of such action by the director and for such purpose the director shall specify that the acquisition of the property and the construction of the particular housing accommodations in connection with which the power is required has been determined by the director, after public hearing, to be in the public interest and necessary for the public use. The hearing shall be held at a time and place appointed by the director and notice of such hearing shall be given by the corporation by one publication in a newspaper, designated by the director, published or circulated in the city or county wherein the property is located at least ten days prior to such hearing. The owner, as shown upon the county auditor's current tax duplicate, of such property as is proposed to be acquired shall also be notified at least ten days prior to such hearing by registered mail addressed to the last known address of such owner.
The director may expressly except from its certificate hereunder, as unnecessary to the plan, any part of the property proposed to be acquired. The approval by the director of the project shall be deemed in any proceeding to acquire land by appropriation as sufficient evidence of the necessity of the appropriation and a duly certified copy of the certificate of the director shall be conclusive evidence as to the matters lawfully certified therein in any appropriation proceeding.
HISTORY: 1962 Code Section 36-36; 1952 Code Section 36-36; 1942 Code Section 5271-16; 1933 (38) 176; 1993 Act No. 181, Section 500.
Structure South Carolina Code of Laws
Title 31 - Housing and Redevelopment
Section 31-1-20. Declaration of legislative finding.
Section 31-1-30. General duties of Secretary of Commerce with respect to housing.
Section 31-1-40. Electrical power permits.
Section 31-1-50. Penalties for violating Section 31-1-40.
Section 31-1-110. Incorporation of limited dividend housing corporations.
Section 31-1-120. Purposes of limited dividend housing corporations.
Section 31-1-130. Par value shares.
Section 31-1-140. Declaration required in articles.
Section 31-1-150. Income debentures.
Section 31-1-160. Consideration for issuance of stocks, bonds, and income debentures.
Section 31-1-170. Limited return on stock.
Section 31-1-180. Limitations on actions by companies.
Section 31-1-190. Conveyances, leases, or subleases in violation of Section 31-1-180 shall be void.
Section 31-1-200. Regulation of limited dividend housing companies.
Section 31-1-210. Investigation of limited dividend housing companies.
Section 31-1-230. Provisions of general corporation law applicable.
Section 31-1-410. Approval of projects.
Section 31-1-420. Action by city council on plans, adoptions, or rejections by director.
Section 31-1-430. Charges included in term "cost".
Section 31-1-440. Receipt and disbursement of funds by trustee.
Section 31-1-450. Acquisition of required land.
Section 31-1-460. Prerequisites to condemnation.
Section 31-1-470. Sale or purchase of lands to or from municipality.
Section 31-1-480. Purchases by one limited dividend housing corporation of property of another.
Section 31-1-490. Consolidated and extended projects; operation of more than one project.
Section 31-1-610. Control of rentals.
Section 31-1-620. Payments covered by rentals.
Section 31-1-630. Reduction of rentals.
Section 31-1-640. Surplus; maximum payments on dissolution.
Section 31-1-660. Procedure in actions against limited dividend housing corporations.
Section 31-1-670. Mortgages and mortgage bonds.
Section 31-1-680. Foreclosure.
Section 31-1-690. Foreclosures free of restrictions of Section 31-1-680.
Section 31-1-700. Enforcement of judgments not relating to mortgage indebtedness.
Section 31-1-710. Reorganization of limited dividend housing corporations.
Section 31-1-810. Standards of Federal Department of Housing and Urban Development adopted.