reglab/housing_qa huggingface dataset:
SC Code § 28-2-290 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-290. Form and content of notice of report of appraisal panel.

 (A) The notice of the determination of the appraisal panel required to be given by the condemnor to the landowner under Sections 28-2-260(B) and (C) must be captioned NOTICE OF DETERMINATION OF APPRAISAL PANEL AND (NOTICE OF APPEAL) or (NOTICE TO ELECT).  (B) The notice must at least:  (1) designate the parties to the action in the same manner as the Condemnation Notice;  (2) state in words and numbers the amount determined by the appraisal panel to be just compensation;  (3) contain one of the following statements: "THE CONDEMNOR REJECTS AND APPEALS FROM THE DETERMINATION OF THE APPRAISAL PANEL AND DEMANDS A TRIAL DE NOVO;  (or)  THE CONDEMNOR ACCEPTS THE DETERMINATION OF THE APPRAISAL PANEL. WITHIN THIRTY DAYS OF RECEIPT OF THIS NOTICE, THE LANDOWNER MUST NOTIFY THE CONDEMNOR IN WRITING, DELIVERED IN PERSON OR BY CERTIFIED MAIL, WITH RETURN RECEIPT REQUESTED, TO CONDEMNOR AT (insert the condemnor's address) THAT THE LANDOWNER ELECTS EITHER TO ACCEPT THE DETERMINATION OF THE APPRAISAL PANEL OR TO APPEAL THEREFROM AND DEMAND A TRIAL DE NOVO. A NOTICE OF APPEAL MUST ALSO BE FILED WITH THE CLERK OF COURT WITH THE DATE OF SERVICE NOTED THEREON.  A FAILURE TO GIVE NOTICE OF ELECTION WITHIN THE THIRTY-DAY PERIOD WILL CONSTITUTE AN ACCEPTANCE OF THE APPRAISAL PANEL'S DETERMINATION AND A WAIVER OF THE RIGHT TO APPEAL.  (and in either case)  A trial to determine just compensation will be by jury unless both parties request trial by the court without a jury. The case may not be called for trial before sixty days after the service of the Notice of Appeal but it may thereafter be given priority for trial over other civil cases. The clerk of court shall give the landowner notice by mail of the call of the case for trial.  THEREFORE, IF THE DETERMINATION OF THE APPRAISAL PANEL IS REJECTED, THE LANDOWNER IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED."  (4) if notice of depositing funds with the clerk has not already been given or possession has not already been taken, contain the following statement:  "The amount of the determination has been deposited with the clerk of court. The condemnor now has the right to take possession of the property interests and exercise the rights described in the Condemnation Notice.";  (5) contain the following statement:  "If the landowner accepts the determination of the appraisal panel, payment of that amount will be made by the clerk of court."  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-310 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-310. Application of Article 3; demand for nonjury trial; precedence of action; minimum time between notice and trial.

 (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.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-320 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-320. Proceedings on appeal.

 The appellant must be the movant on appeal from the determination of the appraisal panel, shall have the burden of proof, and shall have the right to open and close, except that notwithstanding which party is appellant, the condemnor shall first offer one witness to describe the property being taken and the purpose thereof. In the event both the landowner and the condemnor appeal from the determination of the appraisal panel, the landowner is deemed to be the appellant.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-330 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-330. Rules of evidence.

 Actions under this act are governed by the rules of evidence applicable in civil actions.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-340 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-340. Evidence which may be admitted in trials of condemnation actions; inspection of property.

 (A) For the purpose of determining the value of the land sought to be condemned and fixing just compensation in a hearing before a judge or in a trial before a jury, the following evidence (in addition to other evidence which is relevant, material, and competent) is relevant, material, and competent and may be admitted as evidence and considered by the judge or the jury:  (1) evidence that a building or improvement is unsafe, unsanitary, or a public nuisance or is in a state of disrepair and evidence of the cost to correct the condition, even if no action has been taken by local authorities to remedy the condition;  (2) evidence that any state public body charged with the duty of abating or requiring the correction of nuisances or like conditions or demolishing unsafe or unsanitary structures issued an order directing the abatement or correction of any conditions existing with respect to the building or improvement or demolition of the building or improvement and of the cost of compliance with an order;  (3) evidence of the last assessed valuation of the property for purposes of taxation and of any affidavits or tax returns made by the owner in connection with the assessment which state the value of the property and of any income tax returns of the owner showing sums deducted because of obsolescence or depreciation of the property;  (4) evidence that the property or improvement is being used for illegal purposes or is being so overcrowded as to be dangerous or injurious to the health, safety, morals, or welfare of the occupants and the extent to which the rentals therefrom are enhanced by reason of the use;  (5) evidence of the price and other terms upon any sale or the rent reserved and other terms of any lease or tenancy relating to the property or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.  (B) Upon motion of either party, the court shall permit the jury to inspect the property which is the subject of the action, and if the trial is without a jury, the court shall make the inspection.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-350 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-350. Increase in value of property by reason of public works project not to be considered.

 The award of compensation may not be increased by reason of any increases in the value of the property resulting from the placement of a public works project on it.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-360 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-360. Benefits of public works project to landowner to be considered.

 In any condemnation action, benefits to be derived from the proposed project including the value of any property or rights relinquished or reverting to the landowner as a part or result thereof, must be taken into consideration in determining the amount of compensation and due allowance made for them.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-370 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-370. Just compensation to include only value of property taken, damage to remaining land, and benefits to landowner.

 In determining just compensation, only the value of the property to be taken, any diminution in the value of the landowner's remaining property, and any benefits as provided in Section 28-2-360 may be considered.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-410 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-410. Interest on and investment of monies deposited with clerk of court.

 All monies deposited pursuant to this act must be held at interest by the clerk of court after thirty days of receipt. The clerk shall invest the monies for the benefit of the parties as their interests are determined.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-420 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-420. Interest on amount found to be just compensation; return of excess funds deposited with clerk of court.

 (A) A condemnor shall pay interest at the rate of eight percent a year upon sums found to be just compensation by the appraisal panel or judgment of a court to the condemnee. This interest shall accrue from the date of filing of the Condemnation Notice through the date of verdict or judgment by the court. Interest accruing on funds on deposit with the clerk of court must be offset against the interest computed pursuant to this section. Interest shall not accrue during the twenty-day period commencing upon the date of verdict or order of judgment. If the judgment is not paid within the twenty-day period, interest at the rate provided by law for interest on judgments must be added to the judgment. Thereafter, the entire judgment shall earn interest at the rate provided by law for interest on judgments.  (B) In the event the court determines that just compensation is due the landowner in an amount less than the funds held by the clerk of court, the clerk of court shall refund to the condemnor the balance of the excess deposit with accrued interest.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-430 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-430. Appointment of guardian ad litem.

 If an infant, person in military service, or other person under a legal disability has not appeared in the proceedings by his duly authorized legal representative, the court shall appoint an attorney as guardian ad litem to represent those persons' interests.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-440 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-440. Date of valuation; risk of loss.

 In all condemnation actions, the date of valuation is the date of the filing of the Condemnation Notice. The risk of loss by reason of damage to or destruction of the property subject to condemnation must be borne by the condemnee until the date of possession by, or the date of vesting of title in, the condemnor, whichever is earlier.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-450 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-450. Extent of municipality's right of condemnation.

 The right of condemnation by a municipality is not limited to the county in which the municipality is located.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-460 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-460. Parties to whom just compensation must be made and paid.

 Unless the persons served with the Condemnation Notice agree in writing as to whom just compensation must be made and paid, the appraisal panel determination, verdict, or judgment must be made jointly to all the parties and may be paid to the clerk of court. Upon making the payment, the condemnor's obligation to pay interest upon the funds shall terminate. The payment of the funds so awarded must be held by the clerk of court pending the final order of the court of common pleas in an equity proceeding to which all persons served with the Condemnation Notice must be necessary parties. From the order of the court of common pleas there may be an appeal as provided for appeals from the court in equity cases.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-470 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-470. Proceedings to challenge condemnor's right to condemn.

 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.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-480 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-480. Condemnees' right to portion of funds on deposit with clerk of court after condemnor has taken possession.

 Upon written application, in form satisfactory to the clerk of court, by all named condemnees at any time after which the condemnor has taken possession, when the right to take is not contested, the clerk of court shall pay to them the amount applied for up to fifty percent of the funds deposited with the clerk of court by the condemnor in that action.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-490 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-490. Waiver of objections and defenses to taking upon withdrawing portion of funds on deposit with clerk of court.

 Each condemnee who withdraws money under Section 28-2-480 waives all objections and defenses to the action and to the taking of his property, except for any claim to greater compensation.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-500 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-500. Amount deposited with or withdrawn from clerk of court not relevant evidence.

 The amount deposited, or withdrawn under Section 28-2-480, is not admissible in evidence and may not be referred to at the trial.  HISTORY: 1987 Act No. 173, Section 1.
SC Code § 28-2-510 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 2 - The Eminent Domain Procedure Act|Section 28-2-510. Award of costs and litigation expenses; procedures; prevailing landowner defined.

 (A) If, in the action challenging the condemnor's right to take, the court determines that the condemnor has no right to take all or part of any landowner's property, the landowner's reasonable costs and litigation expenses incurred therein must be awarded to the landowner. If the court determines the right to take issue was not raised and litigated in good faith by the landowner, the court must award the condemnor the reasonable costs and litigation expenses incurred therein.  (B)(1) A landowner who prevails in the trial of a condemnation action, in addition to his compensation for the property, may recover his reasonable litigation expenses by serving on the condemnor and filing with the clerk of court an application therefor within fifteen days after the entry of the judgment. The application shall show that the landowner has prevailed, state the amount sought, and include an itemized statement from an attorney or expert witness representing or appearing at trial in behalf of the landowner stating the fee charged, the basis therefor, the actual time expended, and all actual expenses for which recovery is sought. If requested by any party or on its own motion, the court shall hear the parties with respect to the matters raised by the application and shall determine the amount of litigation expenses to be awarded, which must be set forth in a written order to be filed with the clerk of court which becomes part of the judgment. The court, in its discretion, may reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the landowner, during the course of the action, engaged in conduct which unduly and unreasonably protracted the final resolution of the action or to the extent the court finds that the position of the condemnor was substantially justified or that special circumstances make an award unjust.  (2) For the purpose of this section, "prevails" means that the compensation awarded (other than by settlement) for the property, exclusive of interest, is at least as close to the highest valuation of the property that is attested to at trial on behalf of the landowner as it is to the highest valuation of the property that is attested to at trial on behalf of the condemnor.  (C) If the condemnor abandons or withdraws the condemnation action in the manner authorized by this chapter, the condemnee is entitled to reasonable attorney fees, litigation expenses, and costs as determined by the court.  HISTORY: 1987 Act No. 173, Section 1; 1990 Act No. 575, Section 2.
SC Code § 28-3-20 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 3 - State Authorities Eminent Domain Act|Section 28-3-20. Right of eminent domain conferred on certain state authorities.

 All state authorities, commissions, boards, or governing bodies established by the State of South Carolina, (hereinafter referred to as "state authority") which have been, or may be created in the future, to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary, have the right of eminent domain.  HISTORY: 1962 Code Section 25-52; 1952 Code Section 25-52; 1942 Code Section 9112; 1939 (41) 265; 1987 Act No. 173, Section 18.
SC Code § 28-3-30 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 3 - State Authorities Eminent Domain Act|Section 28-3-30. Estates and area which may be acquired; acquisition of water and flowage rights in lands in vicinity of project.

 Any public body exercising the power of eminent domain for purposes set forth in Section 28-3-20 shall, in the area determined by the maximum high-water mark resulting from its activity and a line not exceeding one hundred lineal feet beyond such high-water mark, arrange to permit the previous owner of the one hundred foot strip, and his heirs and assigns, to pass over and across the strip which may be acquired under this section, and any and all lands of the state authority which are not actually covered with water at convenient places for purposes of ingress and egress to the reservoirs of the state authority, which right must be exercised so that it shall not interfere with any dams, dikes, structures, and buildings of the state authority or the application and use of the state authority of proper health and sanitation measures, and the strip and all of the lands acquired by the authority may be controlled by the authority for health and sanitation measures to the extent of exclusion of the public from the strip and lands at all times as may be necessary. The public bodies may also acquire by condemnation all water and flowage rights in land in the vicinity of the projects specified in Section 28-3-20 which it may determine to be necessary, useful, or convenient, or which might be damaged by reason of the construction or operation of the projects, and on those lands the public bodies may establish health control measures as may be necessary.  HISTORY: 1962 Code Section 25-53; 1952 Code Section 25-53; 1942 Code Section 9113; 1939 (41) 265; 1987 Act No. 173, Section 19.
SC Code § 28-3-140 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 3 - State Authorities Eminent Domain Act|Section 28-3-140. Public property not exempt from condemnation; exception for public electric utility property.

 No lands, rights-of-way, easements, or any interests in real or personal property which have been, or may be acquired for schools, churches, graveyards, municipal corporations, or subdivisions of them, or for the construction or use of any highway, railroad, railway, canal, telegraph, power line, telephone, or other public service use are exempt from condemnation. In any condemnation actions affecting properties of railroad, canal, telephone, telegraph, electric power, and other public service companies, where the companies have placed their structures across navigable streams, or canals and waterways built or to be built for purposes of navigation and hydroelectric purposes, the question of compensation and special damages, including the costs of removing, rebuilding, or relocating structures of any kind belonging to the companies on the properties, must be determined in accordance with principles of law now prevailing. No public electric utility property may be condemned unless it is located within the proposed area of any reservoir, or is needed in connection therewith for flowage purposes, or essential for the construction of any dam or reservoir or tail race or navigation channel.  HISTORY: 1962 Code Section 25-64; 1952 Code Section 25-64; 1942 Code Section 9124; 1939 (41) 265; 1987 Act No. 173, Section 20.
SC Code § 28-11-10 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 11 - Relocation Assistance|Section 28-11-10. Payments and assistance to displaced persons or other entities.

 To the extent that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) makes relocation payments and assistance to displaced persons or other legal entities by states a prerequisite to Federal aid to such states in programs or projects involving the acquisition of real property for public uses, as such terms are defined in such Federal law, State agencies and instrumentalities and political subdivisions and local government agencies and instrumentalities involved in such programs or projects are empowered to expend available public funds for such purposes and are required to make such payments to such displaced persons or other legal entities, whether the program or project is federally aided or not, and such expenditures shall be deemed part of the cost of such program or project.  HISTORY: 1962 Code Section 25-181; 1972 (57) 2522.
SC Code § 28-11-20 (2021)
2021 South Carolina Code of Laws|Title 28 - Eminent Domain|Chapter 11 - Relocation Assistance|Section 28-11-20. Costs incurred before July 1, 1972.

 Where Federal funds are available for payment of such relocation costs, such costs may be paid by such State and local government agencies and instrumentalities and political subdivisions even though they occurred prior to July 1, 1972.  HISTORY: 1962 Code Section 25-182; 1972 (57) 2522.