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COMMITTEE REPORT
May 17, 2006
S. 1030
Introduced by Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Elliott
S. Printed 5/17/06--S.
Read the first time January 10, 2006.
To whom was referred a Bill (S. 1030) to amend the Code of Laws of South Carolina, 1976, by adding Chapter 1 to Title 28 so as to enact the South Carolina Private Property Rights Protection Act; to amend, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Title 28 of the 1976 Code is amended by adding:
Section 28-1-10. This chapter may be cited as 'The South Carolina Private Property Rights Protection Act'.
Section 28-1-20. As used in this title:
(1) 'Condemnation date' means either (a) the date the condemnation action is filed, or (b) the date the document transferring ownership is recorded, whichever occurs first.
(2) 'Condemnor' means a person or other entity empowered by the General Assembly or federal government to condemn property by eminent domain.
(3) 'Date of taking' means the date the when the condemnor files the formal condemnation notice with the clerk of court.
(4) 'Immediate family member' means a condemnee's spouse, children, grandchildren, parents, or siblings.
(5) 'Public use' means the standard in the State Constitution by which private property may be condemned by eminent domain.
Section 28-1-30. Notwithstanding any other provision of law to the contrary, a condemnor's acquisition of property by eminent domain must comply with the following requirements:
(1) Except as provided in the State Constitution, private property shall not be taken for private use without the consent of the owner, or for public use without just compensation being first made for the property. Private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.
(2) Only a condemnor shall exercise the power of eminent domain in this State, and a condemnor must not delegate his authority to a person or other entity that has not been empowered by the General Assembly or federal government to condemn private property by eminent domain.
(3) The condemnor must:
(a) no later than the date of taking, provide written notice to the condemnee by letter or other document in substantially the following form: BECAUSE CONDEMNATION IS A LEGAL PROCESS AND INVOLVES VALUATION OF YOUR PROPERTY, YOU MAY NEED TO RETAIN AN ATTORNEY AND/OR A REAL ESTATE PROFESSIONAL IN ORDER TO PROTECT YOUR LEGAL RIGHTS;
(b) maintain a publicly available document that states the public use for property that has been condemned; and
(c) if requested by a home or business owner whose residence or place of business is being condemned in fee simple, hold a public hearing in advance of the institution of condemnation proceedings to receive and provide information concerning the effects of the condemnation on the community. The provisions of this item are not applicable to the extent that they conflict with the requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) and the provisions of Chapter 11 of Title 28.
Section 28-1-40. (A) This section does not apply:
(1) if its provisions are otherwise contrary to the State Constitution or federal law;
(2) when condemned property is sold, leased, exchanged, transferred, or otherwise conveyed by one condemnor to another condemnor who may exercise eminent domain authority for the same or similar public use;
(3) to an uneconomic remainder acquired pursuant to Section 28-2-100;
(4) to the lease of property by the condemnor for additional uses not in conflict with a planned or ongoing public use of the property; or
(5) if the condemnee expressly waives a right of first refusal in the conveyance document.
(B) When a fee simple interest in property is condemned after the effective date of this section, a condemnor must inform a condemnee that he may choose to exercise or to decline a right of first refusal to repurchase the condemned property as provided in this section if the condemned property is sold less than twenty years after the condemnation date.
(C) Except as provided in subsection (A) or unless a failure to receive the current appraised value would result in a loss of federal funding for a project, if the condemned property is sold by the condemnor less than twenty years after the condemnation date, the condemnor must offer the condemnee the right of first refusal to purchase the condemned property as follows:
(1) if the sale occurs up to five years after the condemnation date, the purchase price is no more than the price paid as just compensation for the condemnation;
(2) if the sale occurs more than five years after and up to six years after the condemnation date, then the purchase price is no more than sixty percent of the fair market value of the property or the condemnation price, whichever is greater;
(3) if the sale occurs more than six years after and up to seven years after the condemnation date, then the purchase price is no more than seventy percent of the fair market value of the property or the condemnation price, whichever is greater;
(4) if the sale occurs more than seven years after and up to eight years after the condemnation date, then the purchase price is no more than eighty percent of the fair market value of the property or the condemnation price, whichever is greater;
(5) if the sale occurs more than eight years after and up to nine years after the condemnation date, then the purchase price is no more than ninety percent of the fair market value of the property or the condemnation price, whichever is greater;
(6) if the sale occurs more than nine years after the condemnation date, then the purchase price is no more than one hundred percent of the fair market value of the property.
(D) If the condemnee declines the right of first refusal at the time the property is condemned, then the conveyance document transferring the condemned property from the condemnee to the condemnor shall explicitly state that such right of first refusal has been declined and does not exist.
(E) If the condemnee does not decline the right of first refusal at the time the property is condemned, the conveyance document transferring the property from the condemnee to the condemnor must contain provisions that:
(1) grant the condemnee the right of first refusal if the condemned property is sold by the condemnor less than twenty years after the condemnation date;
(2) provide that the right of first refusal is transferable by way of gift, bequest, or devise to an immediate family member, only if:
(a) the condemnor is notified of the gift, bequest, or devise as provided in subsection (F); and
(b) the gift, bequest, or devise vests as provided by the law of this State; and
(3) provide for service of notice to the condemnee, his agent, or an immediate family member to whom the right of first refusal has been transferred if the property is sold pursuant to the requirements of subsection (G).
(F) The condemnee, his agent, or an immediate family member to whom the right of first refusal has been transferred:
(1) must provide to the condemnor a permanent address for service of notice if the property is sold;
(2) must inform the condemnor of any change in the permanent address for service of notice; and
(3) is considered to have declined the right of first refusal if a permanent address or change of permanent address for service of notice is not provided to the condemnor.
(G) If the condemnor provides notice by certified letter to the permanent address for service of notice to the condemnee, his agent, or an immediate family member to whom the right of first refusal has been transferred and the condemnor receives no reply within sixty days of the postmarked date, then the right of first refusal is considered declined and the condemnor may sell the property as provided by law.
(H) Where the property interest condemned is an easement or other property interest less than fee simple, an offer of first refusal to acquire the condemned property that is no longer needed for a public use shall be made to the current owner of the parent tract.
(I) Prior to the sale, lease, or transfer of the property acquired as an uneconomic remainder, the condemnor must notify owners of land contiguous to the economic remainder and offer an opportunity to bid to purchase or lease the property."
SECTION 2. 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, and any uncertainty as to construction which might arise must be resolved in a manner consistent with this declaration.
(D) 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 3. Section 28-2-30(7) of the 1976 Code is amended to read:
"(7) 'Condemnor' means a person or other entity empowered by the General Assembly or federal government to condemn private property by eminent domain."
SECTION 4. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. A condemnor may commence an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this chapter shall constitute title are the exclusive procedure whereby by which condemnation may be undertaken in this State."
SECTION 5. Section 28-2-210 of the 1976 Code is amended to read:
"Section 28-2-210. Any A condemnor may institute an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this act title constitute the exclusive procedure whereby by which condemnation may be undertaken in this State."
SECTION 6. Section 28-11-30 of the 1976 Code is amended to read:
"Section 28-11-30. To the extent that Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) makes certain requirements pertaining to the acquisition of real property by states prerequisites to Federal aid to such states in programs or projects involving the acquisition of real property for public uses, state agencies and instrumentalities and political subdivisions and local government agencies and instrumentalities involved in such programs or projects are empowered to expend available public funds as provided hereafter, whether or not the program or project is federally aided.
(1) Any person, agency or other entity condemnor acquiring real property for public use in any project or program shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses he necessarily incurred for (a) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State; (b) penalty costs for prepayment for preexisting recorded mortgage entered into in good faith encumbering such real property; and (c) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency concerned, or the effective date of possession of such real property by such agency, whichever is the earlier.
(2) Where a condemnation proceeding is instituted by the agency to acquire real property for such use and (i) the final judgment is that the real property cannot be acquired by condemnation or (ii) the proceeding is abandoned, the owner of any right, title, or interest in such real property shall be paid such sum as will, in the opinion of the agency, reimburse such owner for his reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings. The award of such sums will be paid by the person, agency or other entity which sought to condemn the property condemnor.
(3) Where an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of use of his property in any program or project, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the agency's attorney, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding."
SECTION 7. (A) A South Carolina Eminent Domain Study Committee is created to review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State. The study committee shall evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements concerning eminent domain in this State and make a report of its findings to the General Assembly. In addition, the study committee shall consider the provisions of the State Constitution concerning use of eminent domain for slum clearance and redevelopment and recommend to the General Assembly if these provisions need to be deleted or amended. The report may include recommendations, if appropriate, for legislative changes to conform or restrict the condemnation authority the entities exercise. In preparing its report, the study committee must request, receive, and consider (1) testimony and written materials submitted by the entities that possess the power of eminent domain, and (2) information solicited from or provided by experts and interested persons in the fields of property rights and eminent domain.
(B) The study committee must be composed of nine members: the chairman of the Senate Judiciary Committee shall appoint three members, two of whom must be Senators; the chairman of the House Judiciary Committee shall appoint three members, two of whom must be members of the House of Representatives; and the Governor shall appoint three members.
(C) The study committee shall render its report and recommendations to the chairman of the Senate Judiciary Committee, the chairman of the House Judiciary Committee, and the Governor no later than February 20, 2007, at which time the study committee must be dissolved.
(D) Members of the study committee shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term in the manner of original appointment.
(E) The study committee must be co-chaired by the senior member of the Senate and the senior member of the House of Representatives serving on the study committee. Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this study committee.
(F) The chairman of the Senate Judiciary Committee and the chairman of the House Judiciary Committee shall provide staffing for the study committee.
(G) Members of the study committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
(H) Upon the filing of its report, the study committee is dissolved.
SECTION 8. 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 9. All provisions contained in this act take effect July 1, 2006, and apply to any exercise of eminent domain in this State where the date of taking is on or after July 1, 2006. For purposes of this SECTION, "date of taking" means the date when the condemnor files the formal condemnation notice with the clerk of court. /
Renumber sections to conform.
Amend title to conform.
CHAUNCY K. GREGORY for Committee.
EXPLANATION OF IMPACT:
The Senate and the House of Representatives
The legislature indicates there will be an additional cost for the proposed bill. The Eminent Domain Study Committee created by this bill will consist of 9 members with a mix of 4 legislators and 5 non-legislators. The cost per legislator per one-day meeting is $225 per person, and the cost per non-legislator per one-day meeting is $190. The total cost would be $1,850 per meeting.
Department of Transportation
The department indicates costs associated with enactment would be minimal. Staff would have to be trained on new right-of-way procedures and there would be some additional staff time devoted to administering the right of first refusal.
Ports Authority and Public Service Authority (Santee-Cooper)
Enactment would have no impact on the agency or on the state general fund or on federal or other funds.
LOCAL GOVERNMENT IMPACT:
One locality indicated enactment would have a minimal impact on expenditures which could be absorbed. Another indicated a cost that could not be determined.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT; TO AMEND SECTIONS 28-2-60, AND 28-2-210, RELATING TO EMINENT DOMAIN BY SUBSTITUTING "PUBLIC USE" FOR "PUBLIC PURPOSE"; TO AMEND SECTION 28-11-30, RELATING TO ACQUISITIONS OF REAL PROPERTY BY STATES AND POLITICAL SUBDIVISIONS, SO AS TO SUBSTITUTE "PUBLIC BODY" FOR "ENTITY"; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO A COUNTY'S POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO REQUIRE A COUNTY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING THE USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY; AND TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S POWER OF EMINENT DOMAIN, SO AS TO REQUIRE A MUNICIPALITY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 28 of the 1976 Code is amended by adding:
Section 28-1-10. This chapter may be cited as 'The South Carolina Private Property Rights Protection Act.'
Section 28-1-20. As used in this title:
(1) 'Public body' means this State or any county, city, town, municipal corporation, municipality, authority, other political subdivision, agency, body, or instrumentality, corporate or otherwise, authorized by law to exercise the power of eminent domain in South Carolina.
(2) 'Public use' means the standard by which private property may be condemned by a public body and requires that:
(a) the property must not be condemned for a private use; (b) the public body must own, operate, and retain control over the condemned property for the performance of a public function, or the public-at-large must have a fixed, definite, and enforceable right to possess, occupy, and enjoy the condemned property;
(c) the public use for which property may be condemned must be more than a speculative or incidental public use; and
(d) a mere public purpose or public benefit including, but not limited to the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain.
Section 28-1-30. Notwithstanding any other provision of law to the contrary, a public body's acquisition of private property through the exercise of eminent domain must comply with the following requirements:
(1) the public body must own, operate, and retain control over the condemned property for the performance of a public function;
(2) the public body may not delegate to another public or private entity its authority to exercise eminent domain or condemn private property;
(3) the public body must prove by a preponderance of the evidence that a proposed condemnation is for a public use, and that the entity will own, operate, and retain control over the condemned property;
(4) the public use must be described at least six months in advance of the institution of condemnation proceedings:
(a) in a certified planning document or published report prepared by the entity and available or accessible for public viewing; and
(b) at a public hearing held specifically to address the proposed condemnation; and
(5) if the condemned property is not put to the public use for which it was condemned within ten years of the date of condemnation, the public body must offer the condemned property for sale to the person who owned it before condemnation or his heirs or assigns at the condemnation price, and if the offer is not accepted within ninety days from the date the offer is made, the property may be sold to any other person or persons but only at public sale after legal notice is given."
SECTION 2. Section 28-2-60 of the 1976 Code is amended to read:
"Section 28-2-60. A condemnor may commence an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this chapter shall constitute title are the exclusive procedure whereby by which condemnation may be undertaken in this State."
SECTION 3. Section 28-2-210 of the 1976 Code is amended to read:
"Section 28-2-210. Any A condemnor may institute an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this act title constitute the exclusive procedure whereby by which condemnation may be undertaken in this State."
SECTION 4. Section 28-11-30 of the 1976 Code is amended to read:
"Section 28-11-30. To the extent that Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) makes certain requirements pertaining to the acquisition of real property by states prerequisites to Federal aid to such states in programs or projects involving the acquisition of real property for public uses, state agencies and instrumentalities and political subdivisions and local government agencies and instrumentalities involved in such programs or projects are empowered to expend available public funds as provided hereafter, whether or not the program or project is federally aided.
(1) Any person, agency, or other entity public body acquiring real property for public use in any project or program shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses he necessarily incurred for (a) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State; (b) penalty costs for prepayment for preexisting recorded mortgage entered into in good faith encumbering such real property; and (c) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency concerned, or the effective date of possession of such real property by such agency, whichever is the earlier.
(2) Where a condemnation proceeding is instituted by the agency to acquire real property for such use and (i) the final judgment is that the real property cannot be acquired by condemnation or (ii) the proceeding is abandoned, the owner of any right, title, or interest in such real property shall be paid such sum as will, in the opinion of the agency, reimburse such owner for his reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings. The award of such sums will be paid by the person, agency, or other entity public body which sought to condemn the property.
(3) Where an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of use of his property in any program or project, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the agency's attorney, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding."
SECTION 5. Section 4-9-30(4) and (15) of the 1976 Code is amended to read:
"(4) to exercise powers of eminent domain for county purposes except where the land concerned is devoted to a public use as provided in Article I, Section 13 of the State Constitution and Chapter 1 of Title 28; except that this authority does not apply to property devoted to public use, and further provided, however, the property of corporations not for profit organized under pursuant to the provisions of Chapter 35 of Title 33 shall is not be subject to condemnation unless the county in which their the service area of the corporation is located intends to make comparable water service available in such the service area and such the condemnation is for that purpose. After any such the condemnation, the county shall assume all obligations of the corporation related to the property and the facilities thereon which on it that were condemned;"
"(15) to undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly delegates to any county the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any county may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition or real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired for public use by lease, mortgage, sale, or otherwise. Air rights shall mean estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof Reserved;"
SECTION 6. Section 5-7-50 of the 1976 Code of Laws is amended to read:
"Section 5-7-50. Any A municipality desiring to become the owner of any land or to acquire any an easement or right-of-way therein in land for any an authorized corporate or public purpose shall have the right to may condemn such the land or right-of-way or easement, subject to the general law of this State and as provided in Article II, Section 13, Chapter 1 of Title 28, within and without the corporate limits in the county in which it is situated and in any adjoining county or counties. This authority shall does not apply to any property devoted to public use; provided, however, the property of corporations not for profit organized under pursuant to the provisions of Chapter 35 of Title 33, shall is not be subject to condemnation unless the municipality in which their the corporation's service area is located intends to make comparable water service available in such that service area and such the condemnation is for that purpose. After any such the condemnation, the municipality shall assume all obligations of the corporation related to the property and the facilities thereon which on it that were condemned. Provided, however, that any incorporated municipality, or any housing or redevelopment authority now existing or hereafter established to function, may undertake and carry out slum clearance and redevelopment work in areas which are predominately slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise or to public bodies for public uses and to that end the General Assembly delegates to any incorporated municipality, or such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any incorporated municipality, political subdivision or authority may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of who or for what purpose acquired for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-ways including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support and other appurtenant rights required for the utilization thereof."
SECTION 7. If any section, subsection, 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, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. This act takes effect upon approval by the Governor and is binding upon entities that exercise the power of eminent domain in this State before ratification of an amendment to the Constitution of this State authorizing the act's provisions.
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