reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-100. Registration valid for one year.

Section effective January 1, 2024.
A person may apply with the Secretary for registration to do business in this State as a structured settlement purchase company. An application for an initial or renewed registration must be submitted on a form prescribed by the Secretary. An initial or renewed registration is valid for one year from the date it is issued and shall expire one year after the date it was issued. The registration may be renewed annually by the registrant on or before the expiration date. If a structured settlement purchase company fails to file with the Secretary a renewal application on or before the expiration date, then it will be required to file another initial application with the Secretary and pay the application fee for an initial application pursuant to this chapter.
HISTORY: 2023 Act No. 22 (S.259), Section 10, eff January 1, 2024.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-110. Registration applications; bond.

Section effective January 1, 2024.
(A) Each initial or renewal application must contain a sworn certification by an owner, officer, director, or manager of the applicant, if the applicant is not a natural person, or by the applicant, if the applicant is a natural person, certifying that:
(1) the applicant has secured a surety bond payable to the State or has posted a cash bond in the amount of fifty thousand dollars. The bond must be in a form satisfactory to the Secretary and must run to the State for the benefit of any payee claimant to secure the faithful performance of the obligation of the structured settlement purchase company under the law; and
(2) the applicant must comply with this chapter when acting as a structured settlement purchase company and filing structured settlement transfer proceedings.
(B) The surety bond or cash bond is payable to the State of South Carolina.
(C) The surety bond or cash bond is effective concurrently with the applicant's registration with the Secretary and remains in effect for not less than three years after expiration or termination of that registration. The bond must be renewed each year when the registration of the applicant is renewed.
(D) The applicant must submit to the Secretary a copy of the surety bond or cash bond with its initial or renewal application.
(E) The surety bond or cash bond is intended to ensure that the structured settlement purchase company will comply with the provisions of this chapter relative to the payee and perform its obligations to the payee under this chapter, and to provide a source for recovery for the payee should a payee recover a judgment against a structured settlement purchase company for a violation of this chapter.
(F) An applicant must remit to the Secretary a fee of one thousand two hundred and fifty dollars for an initial registration and two hundred dollars for a renewed registration. This fee must be retained by the Secretary to offset the costs of processing and maintaining the registration of structured settlement purchase companies required by the chapter.
HISTORY: 2023 Act No. 22 (S.259), Section 11, eff January 1, 2024.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-120. Notice of judgements required to be filed.

Section effective January 1, 2024.
Within ten days after a judgment is secured against a structured settlement purchase company by a payee, the structured settlement purchase company must file a notice with the Secretary and the surety providing a copy of the judgment and the name and address of the judgment creditor; and include the status of the matter, including whether the judgment will be appealed, or has been paid or satisfied.
HISTORY: 2023 Act No. 22 (S.259), Section 12, eff January 1, 2024.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-130. Exclusions for breaches or omissions.

Section effective January 1, 2024.
The liability of the surety under the bond is not affected by any breach of contract, breach of warranty, failure to pay a premium or other act or omission of the bonded structured settlement purchase company, or by any insolvency or bankruptcy of the structured settlement purchase company.
HISTORY: 2023 Act No. 22 (S.259), Section 13, eff January 1, 2024.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-140. Notice of modification or cancellation of bond.

Section effective January 1, 2024.
(A) Neither the bonded structured settlement purchase company nor the surety shall cancel or modify the bond during the term for which it is issued, except with written notice to the Secretary at least twenty days prior to the effective date of such cancellation or modification.
(B) In the event of a cancellation of the bond, the registration of the structured settlement purchase company automatically expires unless a new surety bond, or cash bond, which complies with this chapter, is filed with the Secretary. The cancellation or modification of a bond does not affect any liability of the bonded surety company incurred before the cancellation or modification of the bond.
HISTORY: 2023 Act No. 22 (S.259), Section 14, eff January 1, 2024.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-150. Assignees not required to register.

Section effective January 1, 2024.
(A) An assignee is not required to register as a structured settlement purchase company to acquire structured settlement payment rights or to take a security interest in structured settlement payment rights that were transferred by the payee to a structured settlement purchase company.
(B) An employee of a structured settlement purchase company, if acting on behalf of the structured settlement purchase company in connection with a transfer, is not required to register with the Secretary as provided under this chapter.
HISTORY: 2023 Act No. 22 (S.259), Section 15, eff January 1, 2024.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-160. Fines for failure to register before the deadline.

Section effective January 1, 2024.
(A) If a person fails to file with the Secretary an application for registration as a structured settlement purchase company as required by this chapter, the Secretary must notify the person of this delinquency by mailing a notice by certified mail, with return receipt requested, to the person's last known address. If the required registration application is not filed within fifteen days after the receipt of the notice, the Secretary may assess an administrative fine of ten thousand dollars against the person.
(B) If the person does not claim a notice sent by certified mail, or the notice is returned to the Secretary by the United States Postal Service as undeliverable, then the Secretary shall serve the notice upon the person as provided by law.
(C) A registration application required to be filed with the Secretary pursuant to this chapter which contains false or misleading statements, or which is incomplete, may be rejected by the Secretary and returned to the submitting party without being filed.
(D) A person who is assessed an administrative fine or who is denied registration has thirty days from receipt of certified notice or formal service of the notice from the Secretary to pay the fine or request an evidentiary hearing before the administrative law court. If a person fails to remit fines or request a hearing after the required notice is given and after thirty days from the date of receipt of certified notice or service of the notice has elapsed, then the Secretary may bring an action before the administrative law court to enjoin the person from engaging in further activities related to the purchase or transfer of structured settlements in this State. The decision of the Administrative Law Court may be appealed as provided in Section 1-23-610.
(E) Any administrative fine revenue received pursuant to this chapter in a fiscal year may be retained by the Secretary to offset the expenses of enforcing this chapter.
HISTORY: 2023 Act No. 22 (S.259), Section 16, eff January 1, 2024.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-170. Transfer orders; applicability to federal law.

Except as otherwise provided, a transfer order signed by a court of competent jurisdiction pursuant to this act constitutes a qualified order under 26 U.S.C. Section 5891. If a transferee to which the transfer order applies is not registered as a structured settlement purchase company pursuant to this act at the time the transfer order is signed, the transfer order does not constitute a qualified order under 26 U.S.C. Section 5891.
HISTORY: 2023 Act No. 22 (S.259), Section 17, eff July 1, 2023.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 51 - Death By Wrongful Act And Lynching › Section 15-51-10. Civil action for wrongful act causing death.

Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.
HISTORY: 1962 Code Section 10-1951; 1952 Code Section 10-1951; 1942 Code Section 411; 1932 Code Section 411; Civ. P. '22 Section 367; Civ. C. '12 Section 3955; Civ. C. '02 Section 2851; G. S. 2183; R. S. 2315; 1859 (12) 706; 1949 (46) 270.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 51 - Death By Wrongful Act And Lynching › Section 15-51-20. Beneficiaries of action for wrongful death; by whom brought.

Every such action shall be for the benefit of the wife or husband and child or children of the person whose death shall have been so caused, and, if there be no such wife, husband, child or children, then for the benefit of the parent or parents, and if there be none such, then for the benefit of the heirs of the person whose death shall have been so caused. Every such action shall be brought by or in the name of the executor or administrator of such person.
HISTORY: 1962 Code Section 10-1952; 1952 Code Section 10-1952; 1942 Code Section 412; 1932 Code Section 412; Civ. P. '22 Section 368; Civ. C. '12 Section 3956; Civ. C. '02 Section 2852; G. S. 2184; R. S. 2316; 1859 (12) 706; 1898 (22) 788; 1901 (23) 743; 1902 (23) 1071; 1990 Act No. 521, Section 97.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 51 - Death By Wrongful Act And Lynching › Section 15-51-30. Effect of illegitimacy.

In the event of the death of an illegitimate child or the mother of an illegitimate child by the wrongful or negligent act of another, such illegitimate child or the mother or father or the heirs at law or the distributees of such illegitimate child shall have the same rights and remedies in regard to such wrongful or negligent act as though such illegitimate child had been born in lawful wedlock.
HISTORY: 1962 Code Section 10-1953; 1952 Code Section 10-1953; 1942 Code Section 8913; 1932 Code Section 8913; Civ. C. '22 Section 5334; Civ. C. '12 Section 3562; 1906 (25) 156; 1920 (31) 1039; 1927 (35) 242; 1934 (38) 1419; 1986 Act No. 539, Section 3(1)(D).
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 51 - Death By Wrongful Act And Lynching › Section 15-51-40. Damages; amount and to whom payable.

In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 63-5-20 and did not otherwise provide for the needs of the decedent during his or her minority.
HISTORY: 1962 Code Section 10-1954; 1952 Code Section 10-1954; 1942 Code Section 412; 1932 Code Section 412; Civ. P. '22 Section 368; Civ. C. '12 Section 3956; Civ. C. '02 Section 2852; G. S. 2184; R. S. 2316; 1859 (12) 706; 1898 (22) 788; 1901 (23) 743; 1902 (23) 1071; 1994 Act No. 470, Section 2; 1996 Act No. 370, Section 3.
Code Commissioner's Note
At the direction of the Code Commissioner, the reference to Section 20-7-40 was changed to Section 63-5-20 in accordance with 2008 Act No. 361 (Children's Code).
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 51 - Death By Wrongful Act And Lynching › Section 15-51-41. Court approval required for settlement of wrongful death or survival action.

Any settlement of a wrongful death or survival action must be approved by either a probate court, circuit court, or United States District Court, as provided in Section 15-51-42.
HISTORY: 1992 Act No. 475, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 51 - Death By Wrongful Act And Lynching › Section 15-51-50. Liability for costs.

The executor or administrator, plaintiff in the action, shall be liable to costs in case there be a verdict for the defendant or nonsuit or discontinuance, out of the goods, chattels and lands of the testator or intestate, if any.
HISTORY: 1962 Code Section 10-1955; 1952 Code Section 10-1955; 1942 Code Section 413; 1932 Code Section 413; Civ. P. '22 Section 369; Civ. C. '12 Section 3957; Civ. C. '02 Section 2853; 1903 (24) 96.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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."
2023 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."
2023 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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 61 - Partition › Section 15-61-350. Sale may be ordered without writ upon testimony taken.

Pursuant to Rule 71, South Carolina Rules of Civil Procedure, this article does not affect a court's power, in partition proceedings, 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 a writ. A court may, in all partition proceedings, 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 or partition by allotment among the parties is practicable or expedient and, when such cannot be fairly and equally made, may order the sale of the property and a division of the proceeds according to the rights of the parties. If a court issues a writ of partition and appoints commissioners pursuant to Rule 71, South Carolina Rules of Civil Procedure, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Rule 71, must be disinterested and impartial and not a party to or a participant in the action.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 61 - Partition › Section 15-61-380. Partition in kind or by allotment.

(A) If all the interests of the cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 15-61-370 or if, after conclusion of the buyout pursuant to Section 15-61-370, a cotenant remains that has requested a partition in kind or a partition by allotment, the court shall order a partition in kind or a partition by allotment, unless the court, after consideration of the factors listed in Section 15-61-390, finds that partition in kind or partition by allotment may result in manifest prejudice or manifest injury to the cotenants as a group. In considering whether to order partition in kind or partition by allotment, the court shall approve a request by two or more parties to have their individual interests aggregated.
(B) If the court does not order partition in kind or partition by allotment under subsection (A), the court shall order partition by sale pursuant to Section 15-61-400 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(C) If the court orders partition in kind or partition by allotment pursuant to subsection (A), the court may require that one or more cotenants pay one or more of the other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind or the partition by allotment just and proportionate in value to the fractional interests held.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 61 - Partition › Section 15-61-390. Determination of manifest prejudice or injury to cotenants as a group.

(A) In determining pursuant to Section 15-61-380(A) whether partition in kind or partition by allotment would result in manifest prejudice or manifest injury to the cotenants as a group, the court shall consider the following:
(1) whether the heirs' property practicably can be divided among the cotenants;
(2) whether partition in kind or partition by allotment would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7) any other relevant factor.
(B) The court may not consider any one factor in subsection (A) to be dispositive without weighing the totality of all relevant factors and circumstances.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 61 - Partition › Section 15-61-400. Sale of heirs' property; open-market sale; sale by sealed bids.

(A) If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(B) If the court orders an open-market sale and the parties, not later than thirty days after the entry of the order, agree on a real estate broker licensed in this State to offer the property for sale, the court, upon consultation with the parties, shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this State to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(C) If a broker appointed under subsection (B) obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(1) the broker shall comply with the reporting requirements in Section 15-61-410;
(2) the sale may be completed in accordance with state law other than this article; and
(3) the commission of the real estate broker must be paid from the proceeds of the sale.
(D) If the broker appointed under subsection (B) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may:
(1) approve the highest outstanding offer, if any;
(2) redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3) order that the property be sold by sealed bids or at an auction.
(E) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted pursuant to procedures governing judicial sales and auctions.
(F) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
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."