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Indicates Matter Stricken
Indicates New Matter
S. 983
STATUS INFORMATION
General Bill
Sponsors: Senators Moore and Ford
Document Path: l:\s-jud\bills\moore\jud0027.tlm.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Eminent domain and zoning
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 THE CHAPTER 5, TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7, SO AS TO PROVIDE THAT IF A PUBLIC ENTITY EXCEEDS THE AUTHORITY GRANTED TO IT UNDER THE CONSTITUTION AND STATUTORY LAW OF SOUTH CAROLINA TO CONDEMN PROPERTY BY EMINENT DOMAIN, OR IF AN APPOINTED OFFICIAL, LOCAL GOVERNING BODY, PLANNING OR ZONING ENTITY, OR PROFESSIONAL EMPLOYEE EXCEEDS THE AUTHORITY GRANTED TO IT UNDER THE PROVISIONS OF CHAPTER 29 OF TITLE 6, THEN THE OFFICIAL OR ENTITY THAT EXCEEDS ITS AUTHORITY COMMITS AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO AN ACTION FOR DAMAGES AS PROVIDED BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 39 of the 1976 Code is amended by adding:
Section 39-5-710. For the purposes of this article:
(1) 'Appointed official' means a planning commissioner, board of zoning appeals member, or board of architectural review member.
(2) 'Local governing body' means the legislative governing body of a county or municipality.
(3) 'Planning or zoning entity' means a planning commission, board of zoning appeals, or board of architectural review.
(4) 'Professional employee' means a planning professional, zoning administrator, zoning official, or a deputy or assistant of a planning professional, zoning administrator, or zoning official.
(5) 'Public entity' means the state, a county, a municipality, a local governing authority, a public service district, a special purpose district, a political subdivision, or any other state agency that has the authority to condemn property through eminent domain proceedings.
Section 39-5-720. (A) If a public entity exceeds the authority granted to it under the constitution and statutory law of South Carolina to condemn property by eminent domain, the extent to which the public entity exceeds its constitutional and statutory authority is an unfair trade practice and may be subject to an action for damages as provided in subsection (C).
(B) If an appointed official, local governing body, planning or zoning entity, or professional employee exceeds the authority granted to it under the provisions of Chapter 29 of Title 6, the extent to which the appointed official, local governing body, planning or zoning entity, or professional employee exceeds its statutory authority is an unfair trade practice and may be subject to an action for damages as provided in subsection (C).
(C)(1) Any person who suffers any ascertainable loss of the use or value of real property as a result of a violation of subsections (A) or (B) may bring an action individually, but not in a representative capacity, to recover actual damages. If the court finds that the violation of subsection (A) or (B) was a willful or knowing violation, the court must award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation of this article, the court must award to the person bringing such action under this section reasonable attorney's fees and costs in addition to the damages awarded.
(2) Upon commencement of any action brought under subsection (A) or (B) of this section, the clerk of court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.
(3) Any permanent injunction, judgment, or order of the court made under Section 39-5-50 is prima facie evidence in an action brought under this section that the respondent used or employed an unfair trade practice in violation of this section.
(4) For the purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of this section.
Section 39-5-730. The remedy created by this article is in addition to any other remedy under the South Carolina or United States Constitutions, or the statutory law of South Carolina, and is not intended to modify or replace any other remedy."
SECTION 2. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor.
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