South Carolina S 1123: Property Rights Protection Act

Bill Text

2025-2026 Bill 1123 Text of Previous Version (Apr. 15, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 1123

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 AMENDING SECTION 28-2-70, RELATING TO THE APPRAISAL OF 
PROPERTY AND CONDEMNOR'S RIGHT TO ENTER UPON LAND FOR LIMITED PURPOSES, SO AS 
TO PROVIDE THAT IT IS UNLAWFUL FOR ANY CONDEMNOR TO KNOWINGLY MAKE CERTAIN 
FALSE, FRAUDULENT, OR DECEPTIVE STATEMENTS TO A CONDEMNEE; BY ADDING SECTION 
28-2-65 SO AS TO PROVIDE FOR CERTAIN NOTICES BEFORE INITIATING AN APPRAISAL; BY 
ADDING SECTION 28-2-130 SO AS TO PROVIDE FOR A CIVIL PENALTY FOR KNOWINGLY 
MAKING CERTAIN FALSE, FRAUDULENT, OR DECEPTIVE STATEMENTS TO A CONDEMNEE; AND 
BY AMENDING SECTION 58-37-120, RELATING TO APPLICATIONS FOR PERMITS FOR ENERGY 
INFRASTRUCTURE PROJECTS, SO AS TO PROVIDE THAT A PERSON WHO INTENDS TO FILE 
CERTAIN APPLICATIONS MUST PROVIDE WRITTEN NOTICE.

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

SECTION 1. Section 28-2-70 of the S.C. Code is amended by adding:

 (D)(1) 
It is unlawful for any condemnor or person representing a condemnor to 
knowingly make a false, fraudulent, or deceptive statement to a condemnee 
regarding:

 (a) 
the public use of the proposed project; or

 (b) 
the condemnation process including, but not limited to, the legal authority or 
process timeline.

 (2) 
This includes, but is not limited to, the written notice as described in 
Section 28-2-65.

SECTION 2. Article 1, Chapter 2, Title 28 of the S.C. Code is 
amended by adding:

 Section 
28-2-65. (A) Before initiating an 
appraisal pursuant to Section 28-2-70, the condemned must receive a written 
notice that must contain, at a minimum, the following information:

 (1) 
identity and contact information of the condemnor;

 (2) 
the proposed project for which the condemnor may pursue a condemnation action 
and a description of the condemnee's property for which the condemnor is 
interested;

 (3) 
the condemnee's right to just compensation;

 (4) 
the condemnee's right to an independent appraisal of the property;

 (5) 
a description of the legal process for the Eminent Domain Procedure Act 
including, but not limited to, the statutory citation for this chapter; and

 (6) 
the condemnee's right to seek independent legal counsel.

 (B) 
This written notice must be provided to the condemned by certified mail with 
return receipt requested or by personal service.

SECTION 3. Article 1, Chapter 2, Title 28 of the S.C. Code is 
amended by adding:

 Section 
28-2-130. (A) A condemnor or any 
person representing a condemnor who violates the provisions of Section 
28-2-70(D) is subject to a civil penalty of not less than five thousand dollars 
nor more than twenty-five thousand dollars. Each false, fraudulent, or 
deceptive statement constitutes a separate violation.

 (B) If 
a property interest was obtained through the use of eminent domain but the 
condemnor or any person representing the condemnor has been found liable for a 
violation of Section 28-2-70(D) during the process of obtaining the property 
interest, the condemned may void the property interest transfer.

 (C) A 
condemnor who violates the provisions of Section 28-2-70(D) is liable for the condemner's 
litigation costs including, but not limited to, costs to transfer the property 
interest back to the condemned.

SECTION 4. Section 58-37-120(A) of the S.C. Code is amended to 
read:

 (A)(1)A person who intends to file an application with an agency for 
a permit for an energy infrastructure project that may result in the use of 
eminent domain must provide written notice via certified mail to any property 
owner whose property may be acquired. This written notice must be postmarked at 
least sixty days prior to the filing of the application and must clearly state 
the:

 (a) intended use for the project and 
its preferred and alternative routes;

 (b) contact information for the person 
who intends to file the application with the Office of Regulatory Staff; and

 (c) information listed in Section 
28-2-65.

 (2) Any agency presented with 
an application for a permit for an energy infrastructure project shall promptly 
provide a public comment period if required by regulation and shall hold a public meeting to solicit feedback from 
members in the affected communities. Public notice of this meeting must be 
provided in a newspaper of general circulation in each county where the energy 
infrastructure project is proposed to be located, written notice provided to 
local and state elected officials representing the affected districts, and on 
the applicant's and agency's respective websites.

 (3) The agency and shall review and issue a decision on the application 
no later than six months after the date the applicati