South Carolina S 892: Voting System

Bill Text

2025-2026 Bill 892 Text of Previous Version (Feb. 04, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 892

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 ADDING SECTION 
6-29-1230 SO AS TO PERMIT THE COURT TO AWARD ATTORNEY'S FEES AND COSTS INCURRED 
BY AN APPLICANT AND/OR PROPERTY OWNER TO DEFEND AN APPELLATE PROCEEDING WHERE 
THE COURT DISMISSES THE APPEAL OR THE DECISION IS NOT REVERSED; SO AS TO 
ESTABLISH AN APPLICANT AND/OR PROPERTY OWNER IS NOT ENTITLED TO RECOVER IN AN 
APPEAL WHERE THE DECISION WAS GRANTED FOR A SPECIAL EXCEPTION; SO AS TO PROVIDE 
THAT THE AMOUNT AWARDED SHALL NOT EXCEED REASONABLE ATTORNEY'S FEES THAT THE 
APPLICANT AND/OR THE PROPERTY OWNER INCUR; AND SO AS TO INCLUDE THE FACTORS TO 
CONSIDER IN DETERMINING A REASONABLE RATE FOR ATTORNEY'S FEES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 29, Title 6 of the S.C. Code is amended by 
adding:

 Section 
6-29-1230. (A) The court may award 
the applicant and/or property owner whose application was approved by the 
planning commission, board of zoning appeals, board of architectural review, or 
a similar body the reasonable attorney's fees and costs incurred to defend the 
decision in appellate proceedings brought pursuant to this chapter. The 
applicant and/or property owner is presumptively entitled to recover his fees 
and costs from an appellant or appellants if the court dismisses such appeal or 
if the decision is not reversed on appeal.

 (B) 
An applicant and/or property owner is not entitled to recover under this 
Section in any appeal of a decision granting an application for a special 
exception.

 (C) 
In no event shall the amount awarded exceed the fees that the applicant and/or 
property owner contracted to pay counsel for work relating to the appeal. 
Attorney's fees shall be limited to a reasonable time expended at a reasonable 
rate. Factors to be applied in determining a reasonable rate include:

 (1) 
the nature, extent, and difficulty of the case;

 (2) 
the time devoted;

 (3) 
the professional standing of counsel;

 (4) 
the beneficial results obtained; and

 (5) 
the customary legal fees for similar services.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 04, 2026 at 05:58 PM