S.C. Code Ann. § 28-2-310

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

Known as the The South Carolina Eminent Domain Procedure Act

The act spans §§ 28–28 (39 sections).

Applied in 3 court decisions — leading case Cobb v. South Carolina Department of Transportation (2005)

Most recently applied in S.C. Dep't of Transp. v. Powell (August 2018)

1987 Act No. 173, SECTION 1.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) Upon the filing of the affidavit described in SECTION 28-2-240(A) or the filing of a Notice of Appeal under SECTION 28-2-260(B) or (C), the action must be tried as provided in this article.

(B) If the condemnor and the landowner have demanded trial by the court without a jury, the clerk shall place the action on the nonjury trial roster. Otherwise, the action must be placed on the jury trial roster.

(C) If either the condemnor or the landowner so demands, the action must be given precedence over other civil cases for trial.

(D) The case may not, in any event, be called for trial until at least sixty days after the date of service upon the landowner of the Condemnation Notice, in cases brought under SECTION 28-2-240, or the Notice of Appeal, in cases brought under SECTION 28-2-250, unless both the condemnee and the landowner agree to a shorter period.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.