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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Rankin
Document Path: l:\s-res\lar\005comp.hm.lar.docx
Companion/Similar bill(s): 3894
Introduced in the Senate on April 25, 2013
Currently residing in the Senate Committee on Judiciary
Summary: Eminent domain
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/25/2013 Senate Introduced and read first time (Senate Journal-page 4) 4/25/2013 Senate Referred to Committee on Judiciary (Senate Journal-page 4)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 28-2-370 OF THE 1976 CODE, RELATING TO FACTORS THAT MAY BE CONSIDERED WHEN DETERMINING JUST COMPENSATION IN CONDEMNATION ACTIONS REGARDING EMINENT DOMAIN, TO INCLUDE DIMINUTION IN VALUE OF THE LANDOWNER'S REMAINING PROPERTY CAUSED BY RECONFIGURATION OF ROADWAYS AND CIRCUITOUS ACCESS.
Whereas, the General Assembly has intended since the passage of the Eminent Domain Procedure Act that just compensation would include all the effects that an exercise of the state's eminent domain authority has on the value and usefulness of the landowner's property; and
Whereas, roadway reconfiguration and circuitous access caused by an exercise of the State's eminent domain authority may in some instances cause a diminution in value to the landowner's remaining property; and
Whereas, the General Assembly desires to make clear that its intent is that any such diminution in value to a landowner's remaining property is an essential consideration in determining just compensation. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 28-2-370 of the 1976 Code is amended to read:
"Section 28-2-370. In determining just compensation, only the value of the property to be taken, any diminution in the value of the landowner's remaining property, including, but not limited to, diminution caused by reconfiguration of roadways and circuitous access, and any benefits as provided in Section 28-2-360 may be considered."
SECTION 2. This act takes effect upon approval by the Governor and applies to all matters currently pending before a court of competent jurisdiction whether in that court's original or appellate jurisdiction.
This web page was last updated on April 29, 2013 at 9:55 AM