The Eminent Domain Procedure Act

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  2. South Carolina Code of Laws
  3. Eminent Domain
  4. The Eminent Domain Procedure Act

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Section
28-2-10

Short title.

Section
28-2-20

Intent of General Assembly.

Section
28-2-30

Definitions.

Section
28-2-40

Compromise or settlement permitted.

Section
28-2-50

Compliance with federal requirements permitted.

Section
28-2-60

Application of act.

Section
28-2-70

Appraisal of property; necessity of negotiation; condemnor's right to enter upon land for limited purposes.

Section
28-2-80

Service of process.

Section
28-2-90

When condemnor may take possession of property.

Section
28-2-100

Acquisition of uneconomic remnant or remaining 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.

Section
28-2-120

Eminent Domain Procedure Act to prevail over Rules of Civil Procedure.

Section
28-2-210

Right to institute action; exclusive procedures.

Section
28-2-220

Election between trial and appraisal panel; condemnation notice; acceptance or rejection of offer tendered in notice.

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.

Section
28-2-240

Election to proceed with condemnation by way of trial after rejection of amount tendered.

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.

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.

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 to make determination.

Section
28-2-280

Form and content of condemnation notice.

Section
28-2-290

Form and content of notice of report of appraisal panel.

Section
28-2-310

Application of Article 3; demand for nonjury trial; precedence of action; minimum time between notice and trial.

Section
28-2-320

Proceedings on appeal.

Section
28-2-330

Rules of evidence.

Section
28-2-340

Evidence which may be admitted in trials of condemnation actions; inspection of property.

Section
28-2-350

Increase in value of property by reason of public works project not to be considered.

Section
28-2-360

Benefits of public works project to landowner to be considered.

Section
28-2-370

Just compensation to include only value of property taken, damage to remaining land, and benefits to landowner.

Section
28-2-410

Interest on and investment of monies deposited with clerk of court.

Section
28-2-420

Interest on amount found to be just compensation; return of excess funds deposited with clerk of court.

Section
28-2-430

Appointment of guardian ad litem.

Section
28-2-440

Date of valuation; risk of loss.

Section
28-2-450

Extent of municipality's right of condemnation.

Section
28-2-460

Parties to whom just compensation must be made and paid.

Section
28-2-470

Proceedings to challenge condemnor's right to condemn.

Section
28-2-480

Condemnees' right to portion of funds on deposit with clerk of court after condemnor has taken possession.

Section
28-2-490

Waiver of objections and defenses to taking upon withdrawing portion of funds on deposit with clerk of court.

Section
28-2-500

Amount deposited with or withdrawn from clerk of court not relevant evidence.

Section
28-2-510

Award of costs and litigation expenses; procedures; prevailing landowner defined.