S 892

South Carolina General Assembly
126th Session, 2025-2026
Bill 892
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
6-29-1230 SO AS TO PERMIT THE COURT TO AWARD ATTORNEY'S FEES AND COSTS INCURRED
BY AN APPLICANT AND/OR PROPERTY OWNER TO DEFEND AN APPELLATE PROCEEDING WHERE
THE COURT DISMISSES THE APPEAL OR THE DECISION IS NOT REVERSED; SO AS TO
ESTABLISH AN APPLICANT AND/OR PROPERTY OWNER IS NOT ENTITLED TO RECOVER IN AN
APPEAL WHERE THE DECISION WAS GRANTED FOR A SPECIAL EXCEPTION; SO AS TO PROVIDE
THAT THE AMOUNT AWARDED SHALL NOT EXCEED REASONABLE ATTORNEY'S FEES THAT THE
APPLICANT AND/OR THE PROPERTY OWNER INCUR; AND SO AS TO INCLUDE THE FACTORS TO
CONSIDER IN DETERMINING A REASONABLE RATE FOR ATTORNEY'S FEES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 29, Title 6 of the S.C. Code is amended by
adding:
    Section
6-29-1230. (A) The court may award
the applicant and/or property owner whose application was approved by the
planning commission, board of zoning appeals, board of architectural review, or
a similar body the reasonable attorney's fees and costs incurred to defend the
decision in appellate proceedings brought pursuant to this chapter. The
applicant and/or property owner is presumptively entitled to recover his fees
and costs from an appellant or appellants if the court dismisses such appeal or
if the decision is not reversed on appeal.
    (B)
An applicant and/or property owner is not entitled to recover under this
Section in any appeal of a decision granting an application for a special
exception.
    (C)
In no event shall the amount awarded exceed the fees that the applicant and/or
property owner contracted to pay counsel for work relating to the appeal.
Attorney's fees shall be limited to a reasonable time expended at a reasonable
rate. Factors to be applied in determining a reasonable rate include:
       (1)
the nature, extent, and difficulty of the case;
       (2)
the time devoted;
       (3)
the professional standing of counsel;
       (4)
the beneficial results obtained; and
       (5)
the customary legal fees for similar services.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on February 04, 2026 at 05:58 PM