S 1123

South Carolina General Assembly
126th Session, 2025-2026
Bill 1123
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 AMENDING SECTION 28-2-70, RELATING TO THE APPRAISAL OF
PROPERTY AND CONDEMNOR'S RIGHT TO ENTER UPON LAND FOR LIMITED PURPOSES, SO AS
TO PROVIDE THAT IT IS UNLAWFUL FOR ANY CONDEMNOR TO KNOWINGLY MAKE CERTAIN
FALSE, FRAUDULENT, OR DECEPTIVE STATEMENTS TO A CONDEMNEE; BY ADDING SECTION
28-2-65 SO AS TO PROVIDE FOR CERTAIN NOTICES BEFORE INITIATING AN APPRAISAL; BY
ADDING SECTION 28-2-130 SO AS TO PROVIDE FOR A CIVIL PENALTY FOR KNOWINGLY
MAKING CERTAIN FALSE, FRAUDULENT, OR DECEPTIVE STATEMENTS TO A CONDEMNEE; AND
BY AMENDING SECTION 58-37-120, RELATING TO APPLICATIONS FOR PERMITS FOR ENERGY
INFRASTRUCTURE PROJECTS, SO AS TO PROVIDE THAT A PERSON WHO INTENDS TO FILE
CERTAIN APPLICATIONS MUST PROVIDE WRITTEN NOTICE.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 28-2-70 of the S.C. Code is amended by adding:
    (D)(1)
It is unlawful for any condemnor or person representing a condemnor to
knowingly make a false, fraudulent, or deceptive statement to a condemnee
regarding:
  (a)
the public use of the proposed project; or
  (b)
the condemnation process including, but not limited to, the legal authority or
process timeline.
       (2)
This includes, but is not limited to, the written notice as described in
Section 28-2-65.
SECTION 2.  Article 1, Chapter 2, Title 28 of the S.C. Code is
amended by adding:
    Section
28-2-65. (A) Before initiating an
appraisal pursuant to Section 28-2-70, the condemned must receive a written
notice that must contain, at a minimum, the following information:
       (1)
identity and contact information of the condemnor;
       (2)
the proposed project for which the condemnor may pursue a condemnation action
and a description of the condemnee's property for which the condemnor is
interested;
       (3)
the condemnee's right to just compensation;
       (4)
the condemnee's right to an independent appraisal of the property;
       (5)
a description of the legal process for the Eminent Domain Procedure Act
including, but not limited to, the statutory citation for this chapter; and
       (6)
the condemnee's right to seek independent legal counsel.
    (B)
This written notice must be provided to the condemned by certified mail with
return receipt requested or by personal service.
SECTION 3.  Article 1, Chapter 2, Title 28 of the S.C. Code is
amended by adding:
    Section
28-2-130.  (A) A condemnor or any
person representing a condemnor who violates the provisions of Section
28-2-70(D) is subject to a civil penalty of not less than five thousand dollars
nor more than twenty-five thousand dollars. Each false, fraudulent, or
deceptive statement constitutes a separate violation.
    (B) If
a property interest was obtained through the use of eminent domain but the
condemnor or any person representing the condemnor has been found liable for a
violation of Section 28-2-70(D) during the process of obtaining the property
interest, the condemned may void the property interest transfer.
    (C) A
condemnor who violates the provisions of Section 28-2-70(D) is liable for the condemner's
litigation costs including, but not limited to, costs to transfer the property
interest back to the condemned.
SECTION 4.  Section 58-37-120(A) of the S.C. Code is amended to
read:
    (A)(1)A person who intends to file an application with an agency for
a permit for an energy infrastructure project that may result in the use of
eminent domain must provide written notice via certified mail to any property
owner whose property may be acquired. This written notice must be postmarked at
least sixty days prior to the filing of the application and must clearly state
the:
  (a) intended use for the project and
its preferred and alternative routes;
  (b) contact information for the person
who intends to file the application with the Office of Regulatory Staff; and
  (c) information listed in Section
28-2-65.
       (2) Any agency presented with
an application for a permit for an energy infrastructure project shall promptly
provide a public comment period if required by regulation and shall hold a public meeting to solicit feedback from
members in the affected communities. Public notice of this meeting must be
provided in a newspaper of general circulation in each county where the energy
infrastructure project is proposed to be located, written notice provided to
local and state elected officials representing the affected districts, and on
the applicant's and agency's respective websites.
       (3) The agency and shall review and issue a decision on the application
no later than six months after the date the application is received by the
agency. If the agency fails to undertake review of and take final action upon
the application within the six-month review period, as defined in subsection
(A)(3)(5), the
application shall be deemed approved, and the agency shall promptly issue
documentation of such approval.
       (2)(4) Within thirty days of receipt of an application, the
agency shall determine if the application is complete. If the agency determines
the application is incomplete, the agency will notify the applicant, and the
applicant will have fifteen days to complete the application. The applicant and
the agency may mutually agree in writing to extend the time period for
completion of the application. After the fifteen days, or the mutually agreed
upon date for completion, if the agency determines the application is
incomplete, then the agency may deny the application.
       (3)(5) The six-month review period shall commence upon the
date of filing unless the application is deemed incomplete pursuant to
subsection (A)(2)(4).
In the event the application as submitted is determined by the agency to be
incomplete, the six-month review period shall commence upon the date such
application is determined by the agency to be complete, provided that such
completion occurs within the period provided for in subsection (A)(2)(4).
SECTION 5.  This act takes effect upon approval
by the Governor.
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This web page was last updated on April 15, 2026 at 03:07 PM