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Chapter 2 - The Eminent Domain Procedure Act
Section 28-2-10. Short title. - This chapter may be cited as "The South Carolina Eminent...
Section 28-2-20. Intent of General Assembly. - This act amends the law of this State relating to...
Section 28-2-30. Definitions. - As used in this act: (1) "Action" means condemnation action....
Section 28-2-40. Compromise or settlement permitted. - At any time before or after commencement of an action,...
Section 28-2-50. Compliance with federal requirements permitted. - A condemnor may comply with any federal statute, regulation, or...
Section 28-2-60. Application of act. - A condemnor may commence an action under this chapter for...
Section 28-2-70. Appraisal of property; necessity of negotiation; condemnor's right to enter upon land for limited purposes. - (A) Before initiating a condemnation action, the condemnor shall cause...
Section 28-2-80. Service of process. - Any service required under this chapter may be made by...
Section 28-2-90. When condemnor may take possession of property. - A condemnor may take possession of property: (1) at any...
Section 28-2-100. Acquisition of uneconomic remnant or remaining property. - (A) If the acquisition of only part of a property...
Section 28-2-110. Reimbursement for penalty costs for prepayment of secured debt; payment of taxes on property for year in which taking occurs; payment of interest. - (A) As soon as practicable after payment of the purchase...
Section 28-2-120. Eminent Domain Procedure Act to prevail over Rules of Civil Procedure. - In the event of conflict between this act and the...
Section 28-2-210. Right to institute action; exclusive procedures. - Any condemnor may institute an action under this chapter for...
Section 28-2-220. Election between trial and appraisal panel; condemnation notice; acceptance or rejection of offer tendered in notice. - (A) Prior to commencing a condemnation action, a condemnor must...
Section 28-2-230. Filing of condemnation notice; deposit of amount of compensation; filing fees; notice of filing; right to take possession; abandonment of action. - (A) If the landowner rejects or does not accept the...
Section 28-2-240. Election to proceed with condemnation by way of trial after rejection of amount tendered. - (A) If the condemnor elects to proceed under this section,...
Section 28-2-250. Election to proceed with condemnation by way of appraisal panel after rejection of amount tendered, appointment of panel; time for making appointments; failure to appoint. - (A) If the condemnor elects to proceed under this section...
Section 28-2-260. Determination by appraisal panel of just compensation; filing of appraisal panel's report; notice requirements; acceptance of or appeal from determination. - (A) Within twenty days of the appointment of the third...
Section 28-2-270. Filing requirements upon acceptance of or appeal from report of appraisal panel; recording of acceptance of report; disposition of funds on deposit with clerk of court; extension of time allowed for making report; failure of panel t... - (A) If either the condemnor or any landowner appeals from...
Section 28-2-280. Form and content of condemnation notice. - (A) The Condemnation Notice must contain the information and allegations...
Section 28-2-290. Form and content of notice of report of appraisal panel. - (A) The notice of the determination of the appraisal panel...
Section 28-2-310. Application of Article 3; demand for nonjury trial; precedence of action; minimum time between notice and trial. - (A) Upon the filing of the affidavit described in Section...
Section 28-2-320. Proceedings on appeal. - The appellant must be the movant on appeal from the...
Section 28-2-330. Rules of evidence. - Actions under this act are governed by the rules of...
Section 28-2-340. Evidence which may be admitted in trials of condemnation actions; inspection of property. - (A) For the purpose of determining the value of the...
Section 28-2-350. Increase in value of property by reason of public works project not to be considered. - The award of compensation may not be increased by reason...
Section 28-2-360. Benefits of public works project to landowner to be considered. - In any condemnation action, benefits to be derived from the...
Section 28-2-370. Just compensation to include only value of property taken, damage to remaining land, and benefits to landowner. - In determining just compensation, only the value of the property...
Section 28-2-410. Interest on and investment of monies deposited with clerk of court. - All monies deposited pursuant to this act must be held...
Section 28-2-420. Interest on amount found to be just compensation; return of excess funds deposited with clerk of court. - (A) A condemnor shall pay interest at the rate of...
Section 28-2-430. Appointment of guardian ad litem. - If an infant, person in military service, or other person...
Section 28-2-440. Date of valuation; risk of loss. - In all condemnation actions, the date of valuation is the...
Section 28-2-450. Extent of municipality's right of condemnation. - The right of condemnation by a municipality is not limited...
Section 28-2-460. Parties to whom just compensation must be made and paid. - Unless the persons served with the Condemnation Notice agree in...
Section 28-2-470. Proceedings to challenge condemnor's right to condemn. - An action challenging a condemnor's right to condemn must be...
Section 28-2-480. Condemnees' right to portion of funds on deposit with clerk of court after condemnor has taken possession. - Upon written application, in form satisfactory to the clerk of...
Section 28-2-490. Waiver of objections and defenses to taking upon withdrawing portion of funds on deposit with clerk of court. - Each condemnee who withdraws money under Section 28-2-480 waives all...
Section 28-2-500. Amount deposited with or withdrawn from clerk of court not relevant evidence. - The amount deposited, or withdrawn under Section 28-2-480, is not...
Section 28-2-510. Award of costs and litigation expenses; procedures; prevailing landowner defined. - (A) If, in the action challenging the condemnor's right to...
Chapter 3 - State Authorities Eminent Domain Act
Section 28-3-20. Right of eminent domain conferred on certain state authorities. - All state authorities, commissions, boards, or governing bodies established by...
Section 28-3-30. Estates and area which may be acquired; acquisition of water and flowage rights in lands in vicinity of project. - Any public body exercising the power of eminent domain for...
Section 28-3-140. Public property not exempt from condemnation; exception for public electric utility property. - No lands, rights-of-way, easements, or any interests in real or...
Chapter 11 - Relocation Assistance
Section 28-11-10. Payments and assistance to displaced persons or other entities. - To the extent that the Uniform Relocation Assistance and Real...
Section 28-11-20. Costs incurred before July 1, 1972. - Where Federal funds are available for payment of such relocation...
Section 28-11-30. Reimbursement of property owners for certain expenses. - To the extent that Title III of the Uniform Relocation...
Section 28-11-40. Contracts between governmental agencies. - Any such State or local government agency or instrumentality or...
Section 28-11-50. Promulgation of rules and regulations. - Each State or local government agency or instrumentality or political...
Section 28-11-60. Impact for purposes of income tax or public assistance eligibility. - No payment received by a person or other legal entity...
Section 28-11-70. Chapter does not create element of damage in eminent domain. - Nothing in this chapter shall be construed as creating an...