Property Rights Protection Act

2025-2026 Bill 5445: Property Rights Protection Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
H. 5445
STATUS INFORMATION
General Bill
Sponsors: Reps. Haddon and Reese
Companion/Similar bill(s): 1123
Document Path: LC-0574SA26.docx
Introduced in the House on March 26, 2026
Currently residing in the House
Summary: Property Rights Protection Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/26/2026

House

Introduced and read first time (
House Journal-page 23
)

3/26/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 23
)

4/1/2026

House

Member(s) request name added as sponsor: Reese

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/26/2026

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
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 condemned
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
.

S
ECTION 2.
A
rticle 1, Chapter 2, Title 28 of the S.C. Code is
amended by adding:

S
ection
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.

S
ECTION 3.
A
rticle 1, Chapter 2, Title 28 of the S.C. Code is
amended by adding:

S
ection
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.

S
ECTION 4.
S
ection
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 and 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 application is received by the
agency. If the agency fails to undertake review of and take final action upon
the application within the six-month review period, as defined in subsection
(A)
(3)
(5)
, the
application shall be deemed approved, and the agency shall promptly issue
documentation of such approval.

(2)
(
4)
Within thirty days of receipt of an application, the
agency shall determine if the application is complete. If the agency determines
the application is incomplete, the agency will notify the applicant, and the
applicant will have fifteen days to complete the application. The applicant and
the agency may mutually agree in writing to extend the time period for
completion of the application. After the fifteen days, or the mutually agreed
upon date for completion, if the agency determines the application is
incomplete, then the agency may deny the application.

(3)
(
5)
The six-month review period shall commence upon the
date of filing unless the application is deemed incomplete pursuant to
subsection (A)
(2)
(4)
.
In the event the application as submitted is determined by the agency to be
incomplete, the six-month review period shall commence upon the date such
application is determined by the agency to be complete, provided that such
completion occurs within the period provided for in subsection (A)
(2)
(4)
.

S
ECTION 5. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on March 26, 2026 at 12:06 PM