South Carolina § 28-2-240 Election to proceed with condemnation by way of trial after rejection of amount tendered.

South Carolina Statutes

§ 28-2-240 — Election to proceed with condemnation by way of trial after rejection of amount tendered.

South Carolina § 28-2-240

Title 28EMINENT DOMAIN

Ch. 2THE EMINENT DOMAIN PROCEDURE ACT

This text of South Carolina § 28-2-240 (Election to proceed with condemnation by way of trial after rejection of amount tendered.) 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. § 28-2-240 (2026).

Text

(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 th

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(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.