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S. 982
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: l:\s-jud\bills\elliott\jud0025.de.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Eminent Domain Procedure Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2005 Senate Prefiled
12/13/2005 Senate Referred to Committee on Judiciary
1/10/2006 Senate Introduced and read first time SJ-25
1/10/2006 Senate Referred to Committee on Judiciary SJ-25
1/11/2006 Senate Referred to Subcommittee: Gregory (ch), Ford, Elliott,
Rankin, Sheheen, Campsen
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 28-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENT OF THE GENERAL ASSEMBLY CONCERNING THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO CLARIFY THAT THE GENERAL ASSEMBLY INTENDS THAT THE EXERCISE OF EMINENT DOMAIN IS GOVERNED BY THE LAW AS INTERPRETED BY THE SOUTH CAROLINA SUPREME COURT PRIOR TO THE UNITED STATES SUPREME COURT'S DECISION IN KELO V. CITY OF NEW LONDON, CONNECTICUT AND TO ADD A DECLARATION BASED UPON THE RESTRICTIVE PRINCIPLES THAT HAVE GOVERNED THE SOUTH CAROLINA SUPREME COURT'S DECISIONS; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO ADD DEFINITIONS FOR THE POWER OF EMINENT DOMAIN AND PUBLIC USE; TO AMEND SECTION 28-2-60, RELATING TO THE APPLICATION OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO CHANGE THE TERMINOLOGY IN THAT SECTION FROM PUBLIC PURPOSE TO PUBLIC USE; AND TO AMEND SECTION 28-2-210, RELATING TO ACTIONS IN CONDEMNATION, SO AS TO CHANGE THE TERMINOLOGY IN THAT SECTION FROM PUBLIC PURPOSE TO PUBLIC USE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 28-2-20 of the 1976 Code is amended to read:
"Section 28-2-20. (A) This act amends chapter establishes the law of this State relating to procedures for acquisitions of property and to the exercise of the power of eminent domain.
(B) It is the intention of the General Assembly that this act chapter is designed to create a uniform procedure for all exercise of eminent domain power in this State.
(C) It is not intended by the creation of The General Assembly does not intend through this act chapter to alter the substantive law of condemnation as interpreted by the Supreme Court of this State prior to the decision by the United States Supreme Court in Kelo v. City of New London, Connecticut, 125 S.Ct. 2655 (No. 04-108, decided June 23, 2005), and any uncertainty as to construction which might arise must be resolved in a manner consistent with this declaration.
(D) The General Assembly intends that condemnors and courts take a restrictive view of the exercise of the power of eminent domain because it is in derogation of the right to acquire, possess, and defend property.
(E) The General Assembly intends that, notwithstanding any other provision of law, the involuntary taking of an individual's property by the government is not justified unless the property is taken through the proper exercise of the power of eminent domain for a public use as those terms are defined in this chapter.
(F) In the event of conflict between this act chapter and any other law with respect to any subject governed by this act chapter, this act shall chapter must prevail."
SECTION 2. Section 28-2-30 of the 1976 Code is amended to read:
"Section 28-2-30. As used in this act chapter:
(1) 'Action' means a condemnation action.
(2) 'Appraisal' means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property.
(3) 'Clerk of court' or 'clerk' means the clerk of court of common pleas of the county in which the real property sought for acquisition by a condemnor, or the major portion of the property, is located.
(4) 'Condemn' means to take property under the power of eminent domain.
(5) 'Condemnation action' includes all acts incident to the process of condemning property after the service of a Condemnation Notice.
(6) 'Condemnee' means a person or other entity who has a record interest in or holds actual possession of property that is the subject of a condemnation action.
(7) 'Condemnor' means a person or other entity empowered to condemn.
(8) 'Court' means a circuit court of this State and includes, when the context requires, any judge of the court.
(9) 'Crops' means any form of vegetation intended to be removed and used or sold for commercial purposes, including without limitation grass, flowers, fruits, vegetables, trees, vines, and nursery stock.
(10) 'Federal agency' means the United States or any agency or instrumentality, corporate, or otherwise of the United States.
(11) 'Improvement' includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial economic loss.
(12) 'Landowner' means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are more than one, the term means the condemnees collectively, unless expressly provided otherwise.
(13) 'Lien' means a security interest in property arising from contract, mortgage, deed of trust, statute, common law, equity, or creditor action.
(14) 'Litigation expenses' means the reasonable fees, charges, disbursements, and expenses necessarily incurred from and after service of the Condemnation Notice, including, but not limited to, reasonable attorney's fees, appraisal fees, engineering fees, deposition costs, and other expert witness fees necessary for preparation or participation in condemnation actions and the actual cost of transporting the court and jury to view the premises.
(15) 'Local public entity' means a public entity other than the State.
(16) 'Person' includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity.
(17) 'Power of eminent domain' means a condemnor's authority to acquire private property only for just compensation and public use as provided by Article I, Section 13 of the Constitution of this State and the provisions of this chapter. The exercise of the power of eminent domain by a condemnor requires that the condemnor maintain control over the condemned property so that it is available only for public use by the general public.
(18) 'Property', 'real property', or 'land' means all lands, including improvements and fixtures thereon, lands under water, easements and hereditaments, corporeal or incorporeal, every estate, interest and right, legal or equitable, in lands or water and all rights, interests, privileges, easements, encumbrances, and franchises relating thereto, including terms for years and liens by way of judgment, mortgage, or otherwise.
(18)(19) 'Public body' means this State or any county, city, town, municipal corporation, municipality, authority or other subdivision, agency or body or instrumentality, corporate or otherwise, authorized by law to exercise the power of eminent domain.
(19)(20) 'Public use' means a fixed, definite, and enforceable right of use by the general public.
(21) 'Public works project' means any work or undertaking which is financed in whole or in part by a federal agency or a public body, or is administered or supervised or regulated by a federal agency or a public body."
SECTION 3. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. (A) A condemnor may commence an action under this chapter for the acquisition of an interest in any real property necessary for any public purpose use.
(B) The provisions of this chapter shall constitute the exclusive procedure whereby condemnation may be is undertaken in this State."
SECTION 4. Section 28-2-210 of the 1976 Code is amended to read:
"Section 28-2-210. (A) Any condemnor may institute an action under this chapter for the acquisition of an interest in any real property necessary for any public purpose use.
(B) The provisions of this act chapter constitute the exclusive procedure whereby condemnation may be is undertaken in this State."
SECTION 5. This act takes effect upon approval by the Governor.
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