(A) Any person claiming an interest in tidelands which, for the purpose of this section, means all lands except beaches in the Coastal zone between the mean high-water mark and the mean low-water mark of navigable waters without regard to the degree of salinity of such waters, may institute an action against the State of South Carolina for the purpose of determining the existence of any right, title or interest of such person in and to such tidelands as against the State. Service of process shall be made upon the State Fiscal Accountability Authority.
(B) Any party may demand a trial by jury in any such action by serving upon the other party(s) a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party.
(C) Nothing contained in this chapter shall be construed to change the law of this State as it exists on July 1, 1977, relative to the right, title, or interest in and to such tidelands, except as set forth in this section.
(D) The Attorney General shall immediately notify the department upon receipt of any private suit made under this section, his response to that suit, and the final disposition of the suit. The department will publish all such notifications in the state register.
HISTORY: 1977 Act No. 123, Section 22; 1993 Act No. 181, Section 1235.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 39 - Coastal Tidelands And Wetlands
Section 48-39-10. Definitions.
Section 48-39-20. Legislative declaration of findings.
Section 48-39-30. Legislative declaration of state policy.
Section 48-39-35. Coastal Division created.
Section 48-39-45. Coastal Zone Management Advisory Council created; membership; duties.
Section 48-39-50. Powers and duties of department.
Section 48-39-60. Department of Natural Resources to provide additional personnel.
Section 48-39-70. Cooperation of other agencies and commissions; administration of oaths; subpoenas.
Section 48-39-80. Development of coastal management program.
Section 48-39-85. "Adopt-a-Beach" program.
Section 48-39-90. Public hearings on management plan.
Section 48-39-100. Plan developed in cooperation with local governments.
Section 48-39-110. Submission of plan by State Ports Authority.
Section 48-39-130. Permits required to utilize critical areas.
Section 48-39-135. Protection of certain golf courses seaward of the baseline.
Section 48-39-140. Submission of development plans; application for permits.
Section 48-39-150. Approval or denial of permits; appeal to council; exceptions.
Section 48-39-160. Violations; jurisdiction of courts.
Section 48-39-180. Judicial review of permit determinations.
Section 48-39-190. Lands not affected by chapter.
Section 48-39-220. Legal action to determine interest in tidelands.
Section 48-39-250. Legislative findings regarding the coastal beach/dune system.
Section 48-39-260. Policy statement.
Section 48-39-270. Definitions.
Section 48-39-280. Beach preservation policy established; notice requirements; appeals procedures.
Section 48-39-330. Disclosure statement.
Section 48-39-340. Distribution of funding.
Section 48-39-350. Local comprehensive beach management plan.