reglab/housing_qa huggingface dataset:
SC Code § 15-51-60 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 51 - Death By Wrongful Act And Lynching|Section 15-51-60. Effect of action prior to death.

 The provisions of this article shall not apply to any case in which the person injured has, for such injury, brought action, which has proceeded to trial and final judgment before his or her death.  HISTORY: 1962 Code Section 10-1956; 1952 Code Section 10-1956; 1942 Code Section 414; 1932 Code Section 414; Civ. P. '22 Section 370; Civ. C. '12 Section 3958; Civ. C. '02 Section 2854; G. S. 2186; R. S. 2318; 1859 (12) 706.
SC Code § 15-51-210 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 51 - Death By Wrongful Act And Lynching|Section 15-51-210. When county is liable for damages for lynching.

 In all cases of lynching when death ensues the county in which such lynching takes place shall, without regard to the conduct of the officers, be liable in exemplary damages of not less than two thousand dollars, to be recovered by action instituted in any court of competent jurisdiction by the legal representatives of the person lynched, and they are hereby authorized to institute such action for the recovery of such exemplary damages. A county against which a judgment has been obtained for damages in any case of lynching shall have the right to recover in any court of competent jurisdiction the amount of such judgment from the parties engaged in such lynching and is hereby authorized to institute such action.  HISTORY: 1962 Code Section 10-1961; 1952 Code Section 10-1961; 1942 Code Section 3041; 1932 Code Section 3041; Civ. C. '22 Section 5601; Civ. C. '12 Section 3947; Civ. C. '02 Section 2844; 1896 (22) 214.
SC Code § 15-53-10 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-10. Short title.

 This chapter may be cited as the "Uniform Declaratory Judgments Act."  HISTORY: 1962 Code Section 10-2001; 1952 Code Section 10-2001; 1948 (45) 2014.
SC Code § 15-53-20 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-20. Courts of record may declare rights, status and other legal relations.

 Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect. Such declarations shall have the force and effect of a final judgment or decree.  HISTORY: 1962 Code Section 10-2002; 1952 Code Section 10-2002; 1948 (45) 2014.
SC Code § 15-53-30 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-30. Determination of questions under deed, will, written contract, statute, municipal ordinance, contract or franchise.

 Any person interested under a deed, will, written contract or other writings constituting a contract or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.  HISTORY: 1962 Code Section 10-2003; 1952 Code Section 10-2003; 1948 (45) 2014.
SC Code § 15-53-40 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-40. Construction of contract before or after breach.

 A contract may be construed either before or after there has been a breach thereof.  HISTORY: 1962 Code Section 10-2004; 1952 Code Section 10-2004; 1948 (45) 2014.
SC Code § 15-53-50 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-50. Rights under trust or estate of decedent, infant, lunatic or insolvent.

 Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust in the administration of a trust or of the estate of a decedent, infant, lunatic or insolvent may have a declaration of rights or legal relations in respect thereto:  (1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;  (2) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or  (3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.  HISTORY: 1962 Code Section 10-2005; 1952 Code Section 10-2005; 1948 (45) 2014.
SC Code § 15-53-60 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-60. Enumeration is no restriction on general powers.

 The enumeration in Sections 15-53-30 to 15-53-50 does not limit or restrict the exercise of the general powers conferred in Section 15-53-20 in any proceeding when declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an uncertainty.  HISTORY: 1962 Code Section 10-2006; 1952 Code Section 10-2006; 1948 (45) 2014.
SC Code § 15-53-70 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-70. Declaratory judgment may be refused.

 The court may refuse to render or enter a declaratory judgment or decree when such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.  HISTORY: 1962 Code Section 10-2007; 1952 Code Section 10-2007; 1948 (45) 2014.
SC Code § 15-53-80 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-80. Parties.

 When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise the municipality shall be made a party and shall be entitled to be heard. If the statute, ordinance or franchise is alleged to be unconstitutional the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.  HISTORY: 1962 Code Section 10-2008; 1952 Code Section 10-2008; 1948 (45) 2014.
SC Code § 15-53-90 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-90. Determination of facts; jury trials.

 When a proceeding under this chapter involves the determination of an issue of fact such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. All existing rights to jury trials are hereby preserved.  HISTORY: 1962 Code Section 10-2009; 1952 Code Section 10-2009; 1948 (45) 2014.
SC Code § 15-53-100 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-100. Costs.

 In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.  HISTORY: 1962 Code Section 10-2010; 1952 Code Section 10-2010; 1948 (45) 2014.
SC Code § 15-53-110 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-110. Review of declaratory judgments.

 All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.  HISTORY: 1962 Code Section 10-2011; 1952 Code Section 10-2011; 1948 (45) 2014.
SC Code § 15-53-120 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-120. Granting of further relief based on declaratory judgment.

 Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.  HISTORY: 1962 Code Section 10-2012; 1952 Code Section 10-2012; 1948 (45) 2014.
SC Code § 15-53-130 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-130. Chapter shall be construed liberally.

 This chapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations. It is to be liberally construed and administered.  HISTORY: 1962 Code Section 10-2013; 1952 Code Section 10-2013; 1948 (45) 2014.
SC Code § 15-53-140 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 53 - Declaratory Judgments|Section 15-53-140. Chapter intended to make uniform the laws of the states.

 This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact substantially identical legislation and to harmonize, as far as possible, with Federal laws and regulations on the subject of declaratory judgments and decrees.  HISTORY: 1962 Code Section 10-2014; 1952 Code Section 10-2014; 1948 (45) 2014.
SC Code § 15-61-10 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-10. Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property.

 (A) All joint tenants and tenants in common who hold, jointly or in common, for a term of life or years or of whom one has an estate for a term of life or years with the other that has an estate of inheritance or freehold in any lands, tenements or hereditaments shall be compellable to make severance and partition of all such lands, tenements and hereditaments.  (B) In an action to partition real property, upon motion of a party or from statements contained in the pleadings, a court shall determine, in a preliminary hearing held after the filing of the action, whether the property is heirs' property. If the court determines that the property is heirs' property, the property must be partitioned under Article 3, Chapter 61, Title 15, unless all of the cotenants otherwise agree in a record.  HISTORY: 1962 Code Section 10-2201; 1952 Code Section 10-2201; 1942 Code Section 8826; 1932 Code Section 8826; Civ. C. '22 Section 5292; Civ. C. '12 Section 3522; Civ. C. '02 Section 2436; G. S. 1829; R. S. 1948; 1712 (2) 471, 474; 2016 Act No. 153 (H.3325), Section 3, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."  Effect of Amendment  2016 Act No. 153, Section 3, added paragraph identifier (A), and added (B), relating to heirs' property.
SC Code § 15-61-11 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-11. Waiver of partition of land which is site of electric generating plant.

 Notwithstanding the provisions of Section 15-61-10, the right to compel judicial partition of lands may be waived by tenants-in-common owning land upon which is to be constructed or has been constructed an electric generating plant producing electric energy for sale or distribution within or without this State, provided the effective period of such waiver does not extend beyond the operating life of the generating plant. If notice is given by the recording of a deed or instrument of conveyance creating a tenancy-in-common and containing an expression of agreement to waive the right of judicial partition, then such agreement shall run with the land and shall be binding upon the heirs, successors and assigns of any tenant-in-common so bound. The power and right to enter into agreements to waive the right of judicial partition authorized by this section shall be in addition to any such powers and rights already authorized by the laws of South Carolina.  HISTORY: 1979 Act No. 176, Section 13.
SC Code § 15-61-20 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-20. Only parties to proceeding are affected by partition.

 No severance or partition shall be prejudicial or hurtful to any person or persons, their heirs or successors, other than such as are parties unto the partition, their executors and assigns.  HISTORY: 1962 Code Section 10-2202; 1952 Code Section 10-2202; 1942 Code Section 8826; 1932 Code Section 8826; Civ. C. '22 Section 5292; Civ. C. '12 Section 3522; Civ. C. '02 Section 2436; G. S. 1829; R. S. 1948; 1712 (2) 471, 474.
SC Code § 15-61-25 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-25. Right of first refusal of joint tenant or tenant in common to purchase property prior to partition; procedure.

 (A) For the purposes of this section, "joint tenants and tenants in common" include heirs or devisees. Upon the filing of a petition for partition of real property owned by joint tenants or tenants in common, the court shall provide for the nonpetitioning joint tenants or tenants in common who are interested in purchasing the property to notify the court of that interest no later than ten days prior to the date set for the trial of the case. The nonpetitioning joint tenants or tenants in common shall be allowed to purchase the interests in the property as provided in this section whether default has been entered against them or not.  (B) In the circumstances described in subsection (A) of this section, and in the event the parties cannot reach agreement as to the price, the value of the interest or interests to be sold shall be determined by one or more competent real estate appraisers, as the court shall approve, appointed for that purpose by the court. The appraisers appointed pursuant to this section shall make their report in writing to the court within thirty days after their appointment. The costs of the appraisers appointed pursuant to this section shall be taxed as a part of the cost of court to those seeking to purchase the interests of the joint tenants or tenants in common petitioning to sell their interest in the property described in the petition for partition.  (C) In the event that the petitioning joint tenants or tenants in common object to the value of the interests as determined by the appointed appraisers, those joint tenants or tenants in common shall have ten days from the date of filing of the report to file written notice of objection to the report and request a hearing before the court on the value. An evidentiary hearing limited to the proposed valuation of the interests of the petitioning joint tenants or tenants in common shall be conducted, and an order as to the valuation of the interests of the petitioning joint tenants or tenants in common shall be issued.  (D) After the valuation of the interest in property is completed as provided in subsection (B) or (C) of this section, the nonpetitioning joint tenants or tenants in common seeking to purchase the interests of those filing the petition shall have forty-five days to pay into the court the price set as the value of those interests to be purchased. Upon the payment and approval of it by the court, the court shall execute and deliver or cause to be executed and delivered the proper instruments transferring title to the purchasers.  (E) In the event that the nonpetitioning joint tenants or tenants in common fail to pay the purchase price as provided in subsection (D) of this section, the court shall proceed according to its traditional practices in partition sales.  HISTORY: 2006 Act No. 302, Section 1, eff May 25, 2006, applicable to all petitions for partition filed after that date.
SC Code § 15-61-30 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-30. State as owner of escheated interest is not necessary party.

 If one having a vested interest in real estate as tenant in common dies without a will and without known heirs partition proceedings may be maintained against unknown heirs without making the State a party to the action, and a sale and conveyance under a decree in the cause shall vest such interest as may be subject to escheat under the provisions of this chapter in the purchaser, provided that in such decree provisions be made for the payment of the divisible share of such deceased person in the proceeds of sale, if any, to the State Treasurer, to be paid into the State Treasury, subject to the right of the heir or heirs to recover such share by proper proceedings and on issue tried in the court of common pleas.  HISTORY: 1962 Code Section 10-2203; 1952 Code Section 10-2203; 1942 Code Section 8830; 1932 Code Section 8830; 1924 (33) 1090.
SC Code § 15-61-40 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-40. Validation of certain titles.

 All titles to real estate conveyed prior to March 18 1924 under order of the court in partition cases when one or more of the parties in interest had died without heirs or other disposition of the estate are hereby validated in so far as they may be affected by the provisions of this chapter.  HISTORY: 1962 Code Section 10-2204; 1952 Code Section 10-2204; 1942 Code Section 8830; 1932 Code Section 8830; 1924 (33) 1090.
SC Code § 15-61-50 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-50. Jurisdiction to partition in kind or by sale.

 The court of common pleas has jurisdiction in all cases of real and personal estates held in joint tenancy or in common to make partition in kind or by allotment to one or more of the parties upon their accounting to the other parties in interest for their respective shares or, in case partition in kind or by allotment cannot be fairly and impartially made and without injury to any of the parties in interest, by the sale of the property and the division of the proceeds according to the rights of the parties.  HISTORY: 1962 Code Section 10-2205; 1952 Code Section 10-2205; 1942 Code Section 8827; 1932 Code Section 8827; Civ. C. '22 Section 5293; Civ. C. '12 Section 3523; Civ. C. '02 Section 2437; G. S. 1830; R. S. 1949; 1882 (17) 982; 1885 (19) 314.
SC Code § 15-61-100 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-100. Sale may be ordered without writ upon testimony taken.

 Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action to dispense with the issuing of a writ of partition when, in the judgment of the court, it would involve unnecessary expense to issue such writ. And the court may in all proceedings in partition, without recourse to such writ, determine by means of testimony taken before the proper officer and reported to the court whether a partition in kind among the parties be practicable or expedient and, when such partition cannot be fairly and equally made, may order a sale of the property and a division of the proceeds according to the rights of the parties.  HISTORY: 1962 Code Section 10-2210; 1952 Code Section 10-2210; 1942 Code Section 8829; 1932 Code Section 8829; Civ. C. '22 Section 5295; Civ. C. '12 Section 3525; Civ. C. '02 Section 2439; R. S. 1951; 1886 (19) 506; 2016 Act No. 153 (H.3325), Section 4, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."  Effect of Amendment  2016 Act No. 153, Section 4, substituted "Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action" for "Nothing in Sections 15-61-60 to 15-61-90 shall be construed to affect the power of the court of common pleas" in the first sentence.
SC Code § 15-61-110 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-110. Attorneys' fees.

 The court of common pleas may fix attorneys' fees in all partition proceedings and, as may be equitable, assess such fees against any or all of the parties in interest.  HISTORY: 1962 Code Section 10-2211; 1952 Code Section 10-2211; 1949 (46) 123.
SC Code § 15-61-310 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-310. Short title.

 This article may be cited as the "Clementa C. Pinckney Uniform Partition of Heirs' Property Act".  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-61-330 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-330. Preliminary determination whether property is heirs' property; construction with Article 1.

 (A) In an action to partition real property under Article 1, upon motion of a party or from statements contained in the pleadings, the court shall determine, in a preliminary hearing held after the filing of the action, whether the property is heirs' property. If the court determines that the property is heirs' property, the partition of the heirs' property is governed by the provisions of this article, unless all cotenants otherwise agree in a record.  (B) This article supplements the provisions of Article 1 and if the provisions of this article differ from the provisions of Article 1, the provisions of this article control for partitions of heirs' property.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-61-340 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-340. Service of pleading; notice by publication.

 (A) This article does not limit or affect the method by which service of pleading in a partition action may be made.  (B) If the plaintiff in a partition action seeks notice by publication and the court determines that notice by publication is required and, pursuant to Section 15-61-330, that the property may be heirs' property, the plaintiff, not later than ten days after the determination of the court, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action in addition to compliance with the requirements for notice by publication. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require, through its order, the plaintiff to publish on the sign the name of the plaintiff and the known defendants.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."