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S.C. Code Ann. § 28-2-70

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

Known as the The South Carolina Eminent Domain Procedure Act

The act spans §§ 28–28 (39 sections).

Applied in 4 court decisions — leading case South Carolina State Ports Authority v. Jasper County (2006)

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

20062010201810
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) Before initiating a condemnation action, the condemnor shall cause the property to be appraised to determine the amount that would constitute just compensation for its taking and shall make the appraisal available to the landowner.

(B) The condemnor and landowner shall make reasonable and diligent efforts to negotiate an agreement upon the amount of compensation to be paid. The condemnor shall certify to the court that a negotiated resolution of the conflict was attempted prior to the institution of the condemnation action. A failure of any party to comply with this subsection is not a defense to a condemnation action.

(C) The condemnor shall have the authority, after reasonable notice to the landowner, to enter upon the real property in which an interest is proposed to be acquired for the purpose of making a survey, determining the location of proposed improvements, or making an appraisal. In the event a landowner refuses to allow entry, the circuit court may issue an ex parte order enforcing this section. A landowner shall have no cause of action for trespass arising out of the exercise of authority pursuant to this section.

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