South Carolina § 49-17-570 Agreement with railroad; determination if unable to agree; assessment of damages and benefits.

South Carolina Statutes

§ 49-17-570 — Agreement with railroad; determination if unable to agree; assessment of damages and benefits.

South Carolina § 49-17-570

Title 49WATERS, WATER RESOURCES AND DRAINAGE

Ch. 17DRAINAGE OR LEVEE DISTRICTS UNDER 1911 ACT

This text of South Carolina § 49-17-570 (Agreement with railroad; determination if unable to agree; assessment of damages and benefits.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 49-17-570 (2026).

Text

When the time shall arrive, fixed for such conference, unless for good cause more time is agreed upon, the viewers in charge and the railroad company shall agree, if possible, upon the place where and the manner and method by which such improvement shall cross such right of way. If the viewers in charge and the railroad company cannot agree or if the railroad company shall fail, neglect or refuse to confer with the viewers they shall determine the place and manner of crossing the right of way of the railroad company and shall specify the number and the size of openings required and the damages, if any, to the railroad company and so specify in their report. The fact that the railroad company is required by the construction of the improvement to build a new bridge or culvert or to enlarge o

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When the time shall arrive, fixed for such conference, unless for good cause more time is agreed upon, the viewers in charge and the railroad company shall agree, if possible, upon the place where and the manner and method by which such improvement shall cross such right of way. If the viewers in charge and the railroad company cannot agree or if the railroad company shall fail, neglect or refuse to confer with the viewers they shall determine the place and manner of crossing the right of way of the railroad company and shall specify the number and the size of openings required and the damages, if any, to the railroad company and so specify in their report. The fact that the railroad company is required by the construction of the improvement to build a new bridge or culvert or to enlarge or strengthen an old one shall not be considered as damages to the railroad company. The engineer and viewers shall also assess the benefits that will accrue to the right of way, roadbed and other property of the railroad company by affording better drainage or a better outlet for drainage, but no benefits shall be assessed because of the increase of business that may come to the road because of the construction of the improvement. The benefits shall be assessed at a fixed sum, determined solely by the physical benefit that the property will receive by the construction of the improvement and it shall be reported by the viewers as a special assessment, due personally from the railroad company as a special assessment. It may be collected in the manner of an ordinary debt in any court having jurisdiction.

Legislative History

HISTORY: 1962 Code SECTION 18-238; 1952 Code SECTION 18-238; 1942 Code SECTION 6121; 1932 Code SECTION 6121; Civ. C. '22 SECTION 3175; Civ. C. '12 SECTION 2221; 1911 (27) 92.