Judicial review of Department's decisions involving private driveways or side-road entrances or exits.

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Any abutting property owner or lessee may file an application within thirty days from a decision of the department in the administration of Sections 57-5-1080 to 57-5-1110 for a hearing in the matter before a circuit judge at chambers or in open court in the judicial circuit in which the property is located, and such court or judge is hereby vested with jurisdiction to set the matter for a hearing upon ten days' written notice to the department of such hearing and thereupon to determine whether the action of the department is in accordance with the provisions of law. The decision of the circuit judge may be appealed in the manner provided by the South Carolina Appellate Court Rules.

Provided, however, that the above procedure shall be an alternative method of relief and shall not abrogate or deny any property owners' rights as to relief under any existing law relating to the condemnation of property.

HISTORY: 1962 Code Section 33-219.3; 1956 (49) 1594; 1999 Act No. 55, Section 49.


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