An action challenging a condemnor's right to condemn must be commenced in separate proceedings filed in the court of common pleas in the county in which the property or a portion thereof is located. The action must be commenced within thirty days after service of the Condemnation Notice upon the landowner. All proceedings under the Condemnation Notice are automatically stayed until the disposition of the action, if any, unless the landowner and the condemnor consent otherwise. No issues involving the condemnor's right to condemn may be heard in the trial upon the issue of just compensation.
S.C. Code Ann. § 28-2-470
Proceedings to challenge condemnor's right to condemn
Known as the The South Carolina Eminent Domain Procedure Act
The act spans §§ 28–28 (39 sections).
Applied in 4 court decisions — leading case Kiriakides v. SCH. DIST. OF GREENVILLE (2009)
Most recently applied in Oien Family Invs., LLC v. Piedmont Mun. Power Agency (July 2018)
1987 Act No. 173, SECTION 1.
How often courts cite this section
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.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.