2013 South Carolina Code of Laws
Title 28 - Eminent Domain
CHAPTER 2 - THE EMINENT DOMAIN PROCEDURE ACT
SECTION 28-2-310. Application of Article 3; demand for nonjury trial; precedence of action; minimum time between notice and trial.
(A) Upon the filing of the affidavit described in Section 28-2-240(A) or the filing of a Notice of Appeal under Section 28-2-260(B) or (C), the action must be tried as provided in this article.
(B) If the condemnor and the landowner have demanded trial by the court without a jury, the clerk shall place the action on the nonjury trial roster. Otherwise, the action must be placed on the jury trial roster.
(C) If either the condemnor or the landowner so demands, the action must be given precedence over other civil cases for trial.
(D) The case may not, in any event, be called for trial until at least sixty days after the date of service upon the landowner of the Condemnation Notice, in cases brought under Section 28-2-240, or the Notice of Appeal, in cases brought under Section 28-2-250, unless both the condemnee and the landowner agree to a shorter period.
HISTORY: 1987 Act No. 173, Section 1.
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