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H. 4292
STATUS INFORMATION
General Bill
Sponsors: Reps. Vaughn, Altman, Loftis, Kirsh, Littlejohn, Mahaffey, Walker and Owens
Document Path: l:\council\bills\bbm\9007mm06.doc
Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary
Summary: Eminent domain
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/16/2005 House Prefiled 11/16/2005 House Referred to Committee on Judiciary 1/10/2006 House Introduced and read first time HJ-18 1/10/2006 House Referred to Committee on Judiciary HJ-18 1/11/2006 House Member(s) request name added as sponsor: Walker 1/25/2006 House Member(s) request name added as sponsor: Owens
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO GIVE THE FORMER OWNER OF REAL PROPERTY CONDEMNED PURSUANT TO THE EMINENT DOMAIN PROCEDURE ACT THE RIGHT TO REACQUIRE THE SUBJECT PROPERTY IF IT IS NOT USED FOR THE STATED PUBLIC PURPOSE OR PUBLIC USE WITHIN TEN YEARS OF THE CONDEMNATION OR IF THE CONDEMNOR DESIRES TO CONVEY IT TO ANOTHER PARTY, RESPECTIVELY, AND TO PROVIDE FOR THE AMOUNT OF PAYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 2, Title 28 of the 1976 Code is amended by adding:
"Section 28-2-65. If the real property, or a portion of it, condemned pursuant to the procedure prescribed in this chapter is not used for the public purpose or use for which it was condemned within ten years from the effective date of its condemnation, the former owner, his successors or assigns, have the right of first refusal to reacquire the subject real property upon payment of the amount of the original condemnation award or its current appraised value, whichever is less.
Section 28-2-67. Except as otherwise provided by law as to blighted areas, the condemnor of real property pursuant to this chapter may not sell, lease, exchange, transfer, or otherwise convey the property or a portion of it to a private or public person or entity unless the former owner of the property, his successors or assigns, have the right of first refusal to reacquire the subject property upon payment of the amount of the original condemnation award or its current appraised value, whichever is less."
SECTION 2. This act takes effect upon approval by the Governor.
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