2013 South Carolina Code of Laws
Title 28 - Eminent Domain
CHAPTER 2 - THE EMINENT DOMAIN PROCEDURE ACT
SECTION 28-2-240. Election to proceed with condemnation by way of trial after rejection of amount tendered.
(A) If the condemnor elects to proceed under this section, and the amount tendered in the Condemnation Notice is rejected, the condemnor shall file the Condemnation Notice with the clerk of court, if not already filed, and shall serve upon the landowner and file with the clerk an affidavit stating:
(1) that the amount tendered in the Condemnation Notice has been rejected;
(2) that the condemnor demands a trial not earlier than sixty days after the date of service of the affidavit, which date must be certified on the copy filed with the clerk;
(3) whether the condemnor demands a trial by jury or by the court;
(4) whether the condemnor demands that the trial be given priority over other cases; and
(5) the name and known address of each landowner whom the clerk should notify of the call of the case for trial. The affidavit may be executed by the condemnor or by its attorney.
(B) After the filing of the affidavit, the case shall proceed as provided in Article 3.
HISTORY: 1987 Act No. 173, Section 1.
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