The department shall neither lease nor sell any part of the state highway primary system, rights-of-way or any of the controlled-access highway facilities for commercial enterprise activities, except public utilities, which were acquired by easement. This shall not serve to prevent the sale of surplus property as authorized by Section 57-5-340, nor shall it prevent the sale of any of the properties referred to in this section which were acquired by fee simple deed.
S.C. Code Ann. § 57-5-350
Certain easements shall not be sold or leased for commercial use
Applied in 2 court decisions — leading case Bancohio National Bank v. Neville ex rel. Estate of McCurry (1993)
Most recently applied in Bancohio National Bank v. Neville ex rel. Estate of McCurry (February 1993)
1962 Code SECTION 33-124.1; 1958 (50) 1692; 1993 Act No. 181, SECTION 1510.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.