reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 3 - Specific Grants Or Cessions Of Jurisdiction To United States › Section 3-3-270. Lot in Florence for erecting public buildings.

The right, title and interest of this State to, and the jurisdiction of this State over, the following described lot or parcel of land has been granted and ceded to the United States for the erection of a public building, to wit: That lot of land in the city of Florence, county of Florence, situate on the northwestern corner of Evans and Irby Streets, fronting on each street one hundred and fifty feet, and known on the plat of the city of Florence, made by J. W. Brunson, surveyor, May 5, 1896, as the eastern part of lot No. 21, in sectional block C, and bounded north by lot No. 20, east by Irby Street, south by Evans Street and west by part of lot No. 21.
There was reserved to this State a concurrent jurisdiction for the execution within said lot of all process, civil or criminal, lawfully issued by the courts of this State and not incompatible with such cession.
HISTORY: 1962 Code Section 39-126; 1952 Code Section 39-126; 1942 Code Section 2042; 1932 Code Section 2042; 1904 (24) 460.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 3 - Specific Grants Or Cessions Of Jurisdiction To United States › Section 3-3-280. Seven acres of land on North Island in Georgetown County.

Seven acres of land on North Island, in Georgetown County, abutting and bounding to the eastward on the sea, to the west and north by lands belonging to Paul Trapier and to the south by Winyah Bay, has been ceded to the United States but on condition that nothing contained in this cession shall be construed to exclude or prevent any process, criminal or civil, issuing from any of the courts of this State from being served or executed within the limits of said tract of seven acres of land.
HISTORY: 1962 Code Section 39-127; 1952 Code Section 39-127; 1942 Code Section 2042; 1932 Code Section 2042; 1797 (5) 309.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 3 - Specific Grants Or Cessions Of Jurisdiction To United States › Section 3-3-290. Lot on South Island in Georgetown County for lighthouse.

A lot on South Island in Georgetown County, on the southern edge of Winyah Entrance, has been ceded to the United States for a lighthouse. Such lot shall, during the continuance of such lighthouse, be exempt from any taxes to be paid to this State. But such lot and every person and officer residing or employed thereon, whether in the service of the United States or not, shall be subject and liable to the government of this State and the jurisdiction, laws and authority thereof in the same manner as if this cession had never been made and the United States shall exercise no more authority or power within the limits of said land than it might have done previous to the cession thereof or than may be necessary for the building, erection, repairing or internal government of the lighthouse and of the officers and persons by the United States to be employed in and about the same.
HISTORY: 1962 Code Section 39-128; 1952 Code Section 39-128; 1942 Code Section 2042; 1932 Code Section 2042; 1847 (11) 442.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 3 - Specific Grants Or Cessions Of Jurisdiction To United States › Section 3-3-300. Lands in City of Georgetown.

All of the land lying below high-water mark in the city of Georgetown at the foot of King Street on the Sampit River adjacent to certain lands conveyed by the city of Georgetown to the United States Government, or any department thereof, has been ceded to the United States Government or department thereof. The lands so ceded to the United States shall revert to the State when they cease to be used by the United States. There was reserved to this State in such cession the concurrent jurisdiction for the execution within such premises of all processes, civil and criminal, lawfully issued by the courts of this State and not incompatible with this cession.
HISTORY: 1962 Code Section 39-129; 1952 Code Section 39-129; 1942 Code Section 2042; 1932 Code Section 2042; 1930 (36) 1394.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 3 - Specific Grants Or Cessions Of Jurisdiction To United States › Section 3-3-320. Shaw Air Force Base in Sumter County.

The State hereby consents to acquisition by the United States of America of those certain pieces, parcels or tracts of land known as Shaw Air Force Base in Sumter County, containing twenty-eight hundred acres, more or less, together with the radio range used in conjunction therewith, containing eleven acres, more or less, and all other lands owned by the United States of America adjacent to said Shaw Air Force Base which were being used for military purposes by the United States of America on February 9, 1950. The State waives any right to compensation which it may have by reason of the taking and use of such lands by the United States of America and the State cedes to the United States of America, without compensation, all the right, title, interest and estate which the State had in said tracts of land so acquired by the United States of America. Exclusive jurisdiction in and over said Shaw Air Force Base and the above-described lands adjacent thereto so acquired by the United States of America shall be and is hereby ceded to the United States of America for all purposes except the service upon such sites of all civil and criminal process of the courts of this State. But the jurisdiction so ceded shall continue no longer than the United States of America shall own such lands and continue to use them for military purposes.
HISTORY: 1962 Code Section 39-132; 1952 Code Section 39-132; 1950 (46) 1829.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 3 - Specific Grants Or Cessions Of Jurisdiction To United States › Section 3-3-330. Lot in City of Sumter for public building.

The right, title and interest of this State to, and the jurisdiction of this State over, the following described lot or parcel of land has been granted and ceded to the United States for the erection of a public building, to wit: That lot of land in the city of Sumter, Sumter County, situate on the southeastern corner of Main and Caldwell Streets, of said city, fronting and measuring on Main Street one hundred and fifteen (115) feet and on Caldwell Street one hundred and thirty (130) feet and bounded on the north by Caldwell Street; on the east by land formerly of C. G. Rowland and others; on the south by land formerly of C. G. Rowland and others; and on the west by Main Street.
Service of process. There was reserved to the State concurrent jurisdiction for the execution within and upon the premises so granted of all process, civil or criminal, lawfully issued by the courts of this State, not incompatible with such cession.
HISTORY: 1962 Code Section 39-133; 1952 Code Section 39-133; 1942 Code Section 2042; 1932 Code Section 2042; 1907 (25) 638.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 3 - Specific Grants Or Cessions Of Jurisdiction To United States › Section 3-3-350. Concurrent jurisdiction; National Advocacy Center, the Inn at USC, and the Kirkland Apartment building.

(A) Notwithstanding any other provision of law, concurrent law enforcement jurisdiction is granted to the United States of America over that certain tract of land situate on the campus of the University of South Carolina in the City of Columbia in Richland County, bounded on the west by Pickens Street, on the north by Pendleton Street, on the east by Barnwell Street, and on the south by College Street and the northern boundary of the University of South Carolina College Street pedestrian walkway.
The State of South Carolina reserves concurrent jurisdiction to enforce the criminal and civil laws of this State within the area delineated in this subsection and further reserves the right to serve criminal or civil process within that area in prosecutions or suits for or on account of crimes committed, rights acquired, or obligations incurred in the State of South Carolina. The jurisdiction ceded by this subsection continues as long as the United States of America occupies any state-owned property within the area delineated in this subsection.
(B) Concurrent jurisdiction is also extended and reserved in the manner and for the duration provided in subsection (A) of this section to the properties commonly known as the Inn at USC, located at 1619 Pendleton Street, and the Kirkland Apartment Building, located at 1611 Pendleton Street, both in the City of Columbia, South Carolina.
HISTORY: 1998 Act No. 263, Section 1, eff February 20, 1998; 2011 Act No. 10, Section 1, eff April 12, 2011.
Effect of Amendment
The 2011 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-10. Governor and Secretary of State authorized to issue grants to United States for projects.

For the purpose of aiding in the construction and maintenance by the United States of the projects approved by Congress by the River and Harbor Act approved August 26, 1937 for the construction of the intracoastal waterway from the Cape Fear River, North Carolina, to the Savannah River, Georgia (Rivers and Harbors Committee Document No. 6, 75th Congress, first session), of the Ashley River, South Carolina, project (House Document No. 449, 74th Congress, second session) and of the Shipyard River, South Carolina, project (Rivers and Harbors Committee Document No. 38, 75th Congress, first session) and any changes, modifications or extensions thereto and any tributaries thereof, the Governor and the Secretary of State may issue to the United States of America a grant or grants of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land, including submerged lands, composing a part of the prism required for the channels, anchorage areas and turning basin, and their slopes and berms, as may be required at any time for construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for said Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away and converted into public navigable waters as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of said intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of the Ashley River and Shipyard River projects, in so far as such lands, including submerged lands, are subject to grant by the State, such grant to issue upon a certificate showing the location and description of such rights of way and spoil disposal areas furnished to the Governor by the Secretary of the Army, any authorized officer of the Corps of Engineers of the United States Army or any other authorized official exercising control over the construction or maintenance of such projects.
HISTORY: 1962 Code Section 70-251; 1952 Code Section 70-251; 1942 Code Section 6031; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-20. Right of United States to use previously submerged lands raised by projects.

Whenever in the construction or maintenance of such intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River, and its tributaries, or the Ashley River or Shipyard River projects, lands theretofore submerged shall be raised above the water by the deposit of excavated material, the United States of America shall have a perpetual right and easement to enter upon, excavate, cut away and remove any and all of such land, including submerged land, composing a part of the prism required for the channels, anchorage areas and turning basin, and their slopes and berms, as may be required at any time for construction and maintenance of such intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of said Ashley River or Shipyard River projects and to maintain the portion so excavated and the channels, anchorage areas and turning basin thereby created, as a part of the navigable waters of the United States, and a further perpetual right and easement to enter upon, occupy and use any portion of such land, including submerged lands, composing a part of the spoil disposal area not so cut away and converted into public navigable waters, as aforesaid, for the deposit of dredged material and for such other purposes as may be useful in the construction, maintenance and improvement of said intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of the Ashley River and Shipyard River projects, if within the limits of such rights of way or spoil disposal areas.
HISTORY: 1962 Code Section 70-252; 1952 Code Section 70-252; 1942 Code Section 6031; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-30. Governor and Secretary of State authorized to issue to United States grants of easements with respect to previously submerged lands raised by projects.

The Governor and Secretary of State may issue to the United States of America a grant or grants within such limits as above specified of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land raised above water as mentioned in Section 3-5-20, including submerged land, composing a part of the prism required for the channels, anchorage areas and turning basin, their slopes and berms, as may be required at any time for the construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for the Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of such land, including submerged land, composing a part of the spoil disposal areas not so cut away and converted into public navigable waters, as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of such intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and the Ashley River and Shipyard River projects, the grant or grants to issue upon a certificate furnished to the Governor by some authorized official of the United States as provided in Section 3-5-10.
HISTORY: 1962 Code Section 70-253; 1952 Code Section 70-253; 1942 Code Section 6031; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-40. Acquisition of land needed from private persons or public service companies.

If the title to any part of the lands, including submerged lands, property or property rights, required by the United States Government for the construction and maintenance of the aforesaid intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof, and the Ashley River and Shipyard River projects shall be in any private person, firm or corporation, telephone or telegraph company or other public service corporation or shall have been donated or condemned for public or public service purposes by any political subdivision of this State or any public service corporation, the South Carolina Department of Health and Environmental Control may, acting for and in behalf of the State, secure the above described rights of way and spoil disposal areas for such intracoastal waterway and all its tributaries and for the Ashley River and Shipyard River projects upon, across and through such lands, including submerged lands, or any part thereof, including oyster beds, telephone and telegraph lines, railroad lines, property of other public service corporations and other property and property rights, by purchase, donation or otherwise, through agreement with the owner when possible. And when any such easement or property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States.
HISTORY: 1962 Code Section 70-254; 1952 Code Section 70-254; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-254; 1952 Code Section 70-254; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40), 1902; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181, Section 37, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-50. Condemnation of lands needed from private persons or public service companies by Department of Health and Environmental Control.

If for any reason the South Carolina Department of Health and Environmental Control is unable to secure any rights-of-way and spoil disposal area upon, across, or through any such land, including submerged lands, property, or rights, by voluntary agreement with the owner, the South Carolina Department of Health and Environmental Control, acting for and in behalf of the State may condemn it.
HISTORY: 1962 Code Section 70-255; 1952 Code Section 70-255; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-255; 1952 Code Section 70-255; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1987 Act No. 173 Section 3, eff nine months from approval by Governor (approved by Governor on June 30, 1987); 1993 Act No. 181, Section 38, eff July 1, 1994.
Effect of Amendment
The 1987 Amendment rewrote this section, removing references to condemnation of land under the provisions of Article 3 of Chapter 17 of Title 57.
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council" and "Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-60. Condemnation by United States of lands needed from private persons or public service companies.

If the United States Government shall so determine, it may condemn and use all lands, including submerged lands, property and property rights which may be needed for the purposes set forth in Section 3-5-40 under the authority of the United States Government and according to the provisions existing in the Federal statutes for condemning lands and property for the use of the United States Government. In case the United States Government shall so condemn such lands, including submerged lands, property and property rights, the South Carolina Department of Health and Environmental Control may pay all expenses of such condemnation proceedings and any award that may be made thereunder out of any monies appropriated for such purposes.
HISTORY: 1962 Code Section 70-256; 1952 Code Section 70-256; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-256; 1952 Code Section 70-256; 1942 Code Section 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181, Section 39, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-70. Uses for which property is condemned declared to be for purposes paramount to other uses.

In such condemnation proceedings the uses for which such easements or property are condemned are hereby declared to be for a purpose paramount to all other public uses and the fact that any portion of it has previously been condemned by a railroad company, canal company, telephone or telegraph company or other public service corporation or by any political subdivision of the State for public uses or has been conveyed by any person for any such public uses shall in no way affect the right of the State or of the United States Government to condemn such lands, property and property rights as herein provided.
HISTORY: 1962 Code Section 70-257; 1952 Code Section 70-257; 1942 Code Section 6031-2; 1934 (38) 1314.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-80. Surveys for purpose of determining property uses.

For the purpose of determining the lands, easements and property necessary for the uses herein set out, the South Carolina Department of Health and Environmental Control or the United States Government, or the agents of either, may enter upon any lands along the general line of the rights of way for the purposes of locating definitely the specific lines of such rights of way and the land required for such purposes and there shall be no claim against the State or the United States for such acts as may be done in making such surveys.
HISTORY: 1962 Code Section 70-258; 1952 Code Section 70-258; 1942 Code Section 6031-6; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-258; 1952 Code Section 70-258; 1942 Code Section 6031-6; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181, Section 40, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-90. State shall retain jurisdiction over property granted.

Neither this article, nor any part thereof, nor any grant or deed made under the authority hereof shall operate to divest the State of jurisdiction over any lands and all civil or criminal process issued under the authority of any laws of this State may be executed in or on any part of the lands or premises devoted to the use of the intracoastal waterway or to any use incidental thereto to the same effect as if this article had not been enacted and as if such grant or deed had not been executed.
HISTORY: 1962 Code Section 70-259; 1952 Code Section 70-259; 1942 Code Section 6031-7; 1934 (38) 1314.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-100. Areas leased for cultivation and gathering of oysters; rights of lessees.

If any of the lands or property, the use of which is acquired for the rights-of-way and spoil disposal areas has been leased by the South Carolina Department of Natural Resources to any person for the cultivation and gathering of oysters, the Department of Natural Resources shall substitute for the leased areas lying within the rights-of-way and spoil disposal areas other equal areas lying without the rights-of-way and spoil disposal areas that also are suitable for the cultivation and gathering of oysters. The Department of Health and Environmental Control may reimburse the person for any direct actual losses resulting from the transfer of leased oyster beds. If for any reason the Department of Natural Resources is unable to reach an agreement with the owner of the leased oyster beds, the Department of Health and Environmental Control, acting for the State, may condemn the rights and property of the lessees in the leased areas.
HISTORY: 1962 Code Section 70-260; 1952 Code Section 70-260; 1942 Code Section 6031-3; 1934 (38) 1314; 1945 (44) 156; 1952 (47) 2890; 1954 (48) 1745; 1972 (57) 2431; 1962 Code Section 70-260; 1952 Code Section 70-260; 1942 Code Section 6031-3; 1934 (38) 1314; 1945 (44) 156; 1952 (47) 2890; 1954 (48) 1745; 1972 (57), 2431; 1978 Act No. 508 Section 1; 1987 Act No. 173 Section 4, eff nine months from approval by Governor (approved by Governor on June 30, 1987); 1993 Act No. 181 Section 41, eff July 1, 1994.
Effect of Amendment
The 1987 Amendment deleted a reference to section 3-3-50 prescribing the manner for condemning rights-of-way, and made grammatical changes.
The 1993 amendment substituted "Department of Health and Environmental Control" for "South Carolina Coastal Council", and "Department of Natural Resources" for "Wildlife and Marine Resources Commission."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-110. Damages to oysters and oyster beds beyond area of waterway.

All persons engaged in the cultivation of oysters on oyster beds held either in fee simple or in leasehold beyond the limits of the areas to be acquired for said waterway project from Winyah Bay to the State boundary line in the Savannah River shall be entitled to compensation for damages done to such oyster beds or the oysters therein by reason of dredging operations in the construction of said waterway, such compensation to be paid by the persons engaged in the dredging operations and not by the State.
HISTORY: 1962 Code Section 70-261; 1952 Code Section 70-261; 1942 Code Section 6031-4; 1934 (38) 1314.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-120. Survey and determination of damage to oyster beds or oysters.

If and when any such oyster beds or oysters growing therein shall have been damaged by muddy water or by other effects of such dredging operations any person holding such oyster beds in fee simple or in leasehold or owning the oysters growing therein or any person engaged in the prosecution of the work of constructing the waterway shall be privileged to apply to the South Carolina Department of Health and Environmental Control to survey such oyster beds and oysters and to determine the extent and amount of such damage. Upon any such application, the Department of Health and Environmental Control shall proceed promptly to survey the damage done to such oyster beds and oysters and to determine the identity of the person causing such damage and the identity of the owner in fee or in leasehold of such oyster beds and oysters suffering such damage. The South Carolina Department of Health and Environmental Control may subpoena witnesses to assist in the determination of such facts. The department of Health and Environmental Control must afford the owner of the alleged damaged oyster beds and oysters and the person alleged to have caused the damage an opportunity to be heard.
HISTORY: 1962 Code Section 70-262; 1952 Code Section 70-262; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-262; 1952 Code Section 70-262; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 42, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council" and "Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-130. Coastal Division to make determination of actual damages.

Staff of the Coastal Division of the Department of Health and Environmental Control shall make a determination of the amount of actual damage.
HISTORY: 1962 Code Section 70-263; 1952 Code Section 70-263; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-263; 1952 Code Section 70-263; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 43, eff July 1, 1994.
Effect of Amendment
The 1993 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-140. Review of and appeal of damage determinations; recording final award.

If the person in whose favor or the person against whom such determination is made shall be dissatisfied therewith, such person may apply to an Administrative Law Judge to review the determination. An appeal from the decision of the Administrative Law Judge may be taken to the Coastal Zone Management Appellate Panel. An appeal from the decision of the Panel may be taken to the court of common pleas for the county in which the oyster beds lie. The Court shall review the award in the same manner as reports of a master in equity are reviewed by the court and the determination of the amount of the award by the court of common pleas shall be final.
Before a review shall be granted to the person against whom the award is made, such person shall pay to the person in whose favor the award is made, one half of the amount of the said award, and shall file with the said clerk of court a bond conditioned for the payment of the remaining half of the award or so much thereof as may be finally awarded, such bond to be approved by the clerk of court of the county in which the oyster beds lie as to form, surety and amount.
The final award shall be entered on record in the office of the clerk of court of common pleas for the county in which the oyster beds lie and when so entered shall have the force and effect of a judgment. The amount of the award shall be limited to the direct actual damage suffered by the person owning in fee or in leasehold the oyster beds and the oysters growing therein.
HISTORY: 1962 Code Section 70-264; 1952 Code Section 70-264; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-264; 1952 Code Section 70-264; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 44, eff July 1, 1994.
Editor's Note
Section 48-39-40, which created the Coastal Zone Management Appellate Panel, was repealed by 2018 Act No. 167, Section 1, eff May 3, 2018.
Effect of Amendment
The 1993 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-150. Cost of survey to be repaid.

Upon the filing with the clerk of court of any such award there shall be added thereto as a part thereof the costs of the survey held to determine the damage resulting in such award. Such costs shall be repaid to the Department of Health and Environmental Control by the person against whom the award is given. If it shall be finally determined that no damage has been done the cost of the survey shall be paid by the person requesting the survey.
HISTORY: 1962 Code Section 70-265; 1952 Code Section 70-265; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-265; 1952 Code Section 70-265; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 45, eff July 1, 1994.
Effect of Amendment
The 1993 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-160. Accounting for moneys recovered.

The Department of Health and Environmental Control shall account for all monies recovered under the provisions of Sections 3-5-110 to 3-5-150 to the State Treasurer.
HISTORY: 1962 Code Section 70-265.1; 1952 Code Section 70-265.1; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-265.1; 1952 Code Section 70-265.1; 1942 Code Section 6031-4; 1934 (38) 1314; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 46, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-170. Removal of cultivated oysters which might be damaged to different leased area.

Should any person cultivating oysters upon an area leased from the State outside of the limits to be acquired for said waterway project from Winyah Bay to the state boundary line in the Savannah River elect, in lieu of claiming damages which might be done to such oysters by dredging operations, to transfer such cultivated oysters to a different leased area and the person whose dredging operations in the construction of said intracoastal waterway either shall have damaged or might damage such oysters agrees to pay the expenses of such removal, the South Carolina Department of Natural Resources may substitute for such leased areas other equal areas suitable for the cultivation and gathering of oysters in a location not subject to damage by dredging operation.
HISTORY: 1962 Code Section 70-266; 1952 Code Section 70-266; 1942 Code Section 6031-3; 1934 (38) 1314; 1952 (47) 2890; 1993 Act No. 181 Section 47, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Natural Resources" for "Wildlife and Marine Resources Commission."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-180. Remedies with respect to oysters beyond limits of acquired areas exclusive.

The remedies herein given with respect to oysters lying beyond the limits of the areas to be acquired for said waterway project such rights of way shall be exclusive.
HISTORY: 1962 Code Section 70-267; 1952 Code Section 70-267; 1942 Code Section 6031-4; 1934 (38) 1314.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-190. Compensation for damage to oysters precludes further claims for damage.

Any person, his heirs, executors, administrators, successors or assigns, who may be compensated for damage to oysters during the construction or maintenance of said intracoastal waterway and its tributaries and the Ashley River and Shipyard River projects, whether by the Department of Health and Environmental Control, the contractor engaged on the work or the United States, shall be estopped from making further claim for damage to oysters in or upon the same area on account of dredging operations during maintenance or further improvement of the waterway and its tributaries or Ashley River or Shipyard River.
HISTORY: 1962 Code Section 70-268; 1952 Code Section 70-268; 1942 Code Section 6031-5; 1934 (38) 1314; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-268; 1952 Code Section 70-268; 1942 Code Section 6031-5; 1934 (38) 1314; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 48, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-310. Right of way from Little River to Winyah Bay.

For the purpose of aiding in the construction of the proposed inland waterway by the United States from the North Carolina-South Carolina State line at Little River to Winyah Bay the Governor and the Secretary of State may issue to the United States of America a grant to the land located within said inland waterway right of way of a width of one thousand feet when the land does not exceed eight feet in elevation above mean low water, with increased widths approximately in proportion to the quantity of excavation required as the elevation of the land increases until a maximum of one thousand seven hundred and fifty feet is reached when the ground elevation is thirty feet or more above mean low water, in so far as such land is subject to grant by the State, such grant to issue upon a certificate showing the location and description of such right of way furnished to the Governor by the Secretary of the Army or by an authorized officer of the Corps of Engineers of the United States Army or by any other authorized official exercising control over the construction of said waterway. Whenever in the construction of such inland waterway within this State lands theretofore submerged shall be raised above the water by the deposit of excavated material, the lands so formed shall become the property of the United States if within the limits of such inland waterway right of way and the Governor and the Secretary of State may issue to the United States of America a grant to the land so formed within such limits as above specified, the grant to issue upon a certificate furnished to the Governor by some authorized official of the United States as above provided.
HISTORY: 1962 Code Section 70-281; 1952 Code Section 70-281; 1942 Code Section 6037; 1932 Code Section 6037; 1931 (37) 225.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-320. Acquisition of lands from private persons or public service companies.

If the title to any part of the lands required by the United States Government for the construction of the aforesaid inland waterway from the North Carolina-South Carolina State line at Little River to Winyah Bay shall be in any private person, company, firm or corporation, railroad company, canal company, telephone or telegraph company or other public service corporation or shall have been donated or condemned for any such use by any political subdivision of this State, the Department of Health and Environmental Control may, acting for and in behalf of the State, secure a right of way of the width aforesaid for such inland waterway upon, across and through such lands or any part thereof by purchase, donation or otherwise, through agreement with the owner when possible, and when any such property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States.
HISTORY: 1962 Code Section 70-282; 1952 Code Section 70-282; 1942 Code Section 6038; 1932 Code Section 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-282; 1952 Code Section 70-282; 1942 Code Section 6038; 1932 Code Section 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 49, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-330. Condemnation of lands needed from private persons or public service companies by Department of Health and Environmental Control.

If for any reason the Department of Health and Environmental Control is unable to secure the right-of-way upon, across, or through the property by voluntary agreement with the owner, the Department of Health and Environmental Control acting for the State, may condemn the right-of-way. The Governor and the Secretary of State shall promptly execute a deed for the condemned property to the United States.
HISTORY: 1962 Code Section 70-283; 1952 Code Section 70-283; 1942 Code Section 6038; 1932 Code Section 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-283; 1952 Code Section 70-283; 1942 Code Section 6038; 1932 Code 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1987 Act No. 173 Section 5, eff nine months from approval by Governor (approved by Governor on June 30, 1987); 1993 Act No. 181 Section 50, eff July 1, 1994.
Effect of Amendment
The 1987 Amendment rewrote this section, removing references to condemnation of land under the provisions of Article 3 of Chapter 17 of Title 57.
The 1993 amendment substituted "Department of Health and Environmental Control" for "South Carolina Coastal Council" and "Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-340. Condemnation by United States of lands needed from private persons or public service companies.

If the United States Government shall so determine, it may condemn and use all lands and property which may be needed for the purposes set forth in Section 3-5-310 under the authority of the United States Government and according to the provisions existing in the Federal statutes for condemning lands and property for the use of the United States Government. In case the United States Government shall so condemn such lands and property, the Department of Health and Environmental Control may pay all expenses of the condemnation proceedings and any award that may be made thereunder out of any moneys appropriated or which may be appropriated for such purposes.
HISTORY: 1962 Code Section 70-284; 1952 Code Section 70-284; 1942 Code Section 6038; 1932 Code Section 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-284; 1952 Code Section 70-284; 1942 Code Section 6038; 1932 Code Section 6038; 1931 (37) 226; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 51, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-350. Uses for which property is condemned declared to be for purposes paramount to other uses.

In such condemnation proceedings the uses for which such land or property is condemned are hereby declared to be for a purpose paramount to all other public uses and the fact that any portion thereof has theretofore been condemned by a railroad company, canal company, telephone or telegraph company or other public service corporation or by any political subdivision of the State for public uses or has been conveyed by any person for any such public uses shall in no way affect the right of the State or the United States Government to condemn such lands and property as herein provided.
HISTORY: 1962 Code Section 70-285; 1952 Code Section 70-285; 1942 Code Section 6039; 1932 Code Section 6039; 1931 (37) 228.
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-360. Surveys for purpose of determining property uses.

For the purpose of determining the lands and property necessary for the uses herein set out the Department of Health and Environmental Control or the United States Government, or the agents of either, may enter upon any lands along the general line of said right of way and make such surveys and do such other acts as in their judgment may be necessary for the purpose of definitely locating the specific lines of said right of way and the lands required for said purposes and there shall be no claim against the State or the United States for such acts as may be done in making such surveys.
HISTORY: 1962 Code Section 70-286; 1952 Code Section 70-286; 1942 Code Section 6041; 1932 Code Section 6041; 1931 (37) 228; 1945 (44) 156; 1954 (48) 1745; 1962 Code Section 70-286; 1952 Code Section 70-286; 1942 Code Section 6041; 1932 Code Section 6041; 1931 (37) 28; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 Section 1; 1993 Act No. 181 Section 52, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "Department of Health and Environmental Control" for "South Carolina Coastal Council."
2023 South Carolina Code of Laws › Title 3 - U.S. Government, Agreements and Relations With › Chapter 5 - Grants Of Perpetual Rights And Easements To United States For Development Of Waterways › Section 3-5-370. State shall retain concurrent jurisdiction over lands for purpose of civil and criminal process.

The State retains concurrent jurisdiction with the United States over any lands acquired and held in pursuance of the provisions of this article so far as that all civil and criminal process issued under authority of any laws of this State may be executed in any part of the premises so acquired for such inland waterway or for the buildings or constructions thereon erected for the purposes of such inland waterway.
HISTORY: 1962 Code Section 70-287; 1952 Code Section 70-287; 1942 Code Section 6042; 1932 Code Section 6042; 1931 (37) 229.