South Carolina Code
S.C. Code Ann. § 28-2-30 (2026)
Definitions
✓ current as of May 2026
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As used in this act:
(1) "Action" means condemnation action.
(2) "Appraisal" means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property.
(3) "Clerk of court" or "clerk" means the clerk of court of common pleas of the county in which the real property sought for acquisition by a condemnor, or the major portion of the property, is located.
(4) "Condemn" means to take property under the power of eminent domain.
(5) "Condemnation action" includes all acts incident to the process of condemning property after the service of a Condemnation Notice.
(6) "Condemnee" means a person or other entity who has a record interest in or holds actual possession of property that is the subject of a condemnation action.
(7) "Condemnor" means a person or other entity empowered to condemn.
(8) "Court" means a circuit court of this State and includes, when the context requires, any judge of the court.
(9) "Crops" means any form of vegetation intended to be removed and used or sold for commercial purposes, including without limitation grass, flowers, fruits, vegetables, trees, vines, and nursery stock.
(10) "Federal agency" means the United States or any agency or instrumentality, corporate, or otherwise of the United States.
(11) "Improvement" includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial economic loss.
(12) "Landowner" means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are more than one, the term means the condemnees collectively, unless expressly provided otherwise.
(13) "Lien" means a security interest in property arising from contract, mortgage, deed of trust, statute, common law, equity, or creditor action.
(14) "Litigation expenses" means the reasonable fees, charges, disbursements, and expenses necessarily incurred from and after service of the Condemnation Notice, including, but not limited to, reasonable attorney's fees, appraisal fees, engineering fees, deposition costs, and other expert witness fees necessary for preparation or participation in condemnation actions and the actual cost of transporting the court and jury to view the premises.
(15) "Local public entity" means a public entity other than the State.
(16) "Person" includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity.
(17) "Property", "real property", or "land" means all lands, including improvements and fixtures thereon, lands under water, easements and hereditaments, corporeal or incorporeal, every estate, interest and right, legal or equitable, in lands or water and all rights, interests, privileges, easements, encumbrances, and franchises relating thereto, including terms for years and liens by way of judgment, mortgage, or otherwise.
(18) "Public body" means this State or any county, city, town, municipal corporation, municipality, authority or other subdivision, agency or body or instrumentality, corporate or otherwise, authorized by law to exercise the power of eminent domain.
(19) "Public works project" means any work or undertaking which is financed in whole or in part by a federal agency or a public body, or is administered or supervised or regulated by a federal agency or a public body.
HISTORY: 1987 Act No. 173, SECTION 1.
(1) "Action" means condemnation action.
(2) "Appraisal" means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property.
(3) "Clerk of court" or "clerk" means the clerk of court of common pleas of the county in which the real property sought for acquisition by a condemnor, or the major portion of the property, is located.
(4) "Condemn" means to take property under the power of eminent domain.
(5) "Condemnation action" includes all acts incident to the process of condemning property after the service of a Condemnation Notice.
(6) "Condemnee" means a person or other entity who has a record interest in or holds actual possession of property that is the subject of a condemnation action.
(7) "Condemnor" means a person or other entity empowered to condemn.
(8) "Court" means a circuit court of this State and includes, when the context requires, any judge of the court.
(9) "Crops" means any form of vegetation intended to be removed and used or sold for commercial purposes, including without limitation grass, flowers, fruits, vegetables, trees, vines, and nursery stock.
(10) "Federal agency" means the United States or any agency or instrumentality, corporate, or otherwise of the United States.
(11) "Improvement" includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial economic loss.
(12) "Landowner" means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are more than one, the term means the condemnees collectively, unless expressly provided otherwise.
(13) "Lien" means a security interest in property arising from contract, mortgage, deed of trust, statute, common law, equity, or creditor action.
(14) "Litigation expenses" means the reasonable fees, charges, disbursements, and expenses necessarily incurred from and after service of the Condemnation Notice, including, but not limited to, reasonable attorney's fees, appraisal fees, engineering fees, deposition costs, and other expert witness fees necessary for preparation or participation in condemnation actions and the actual cost of transporting the court and jury to view the premises.
(15) "Local public entity" means a public entity other than the State.
(16) "Person" includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity.
(17) "Property", "real property", or "land" means all lands, including improvements and fixtures thereon, lands under water, easements and hereditaments, corporeal or incorporeal, every estate, interest and right, legal or equitable, in lands or water and all rights, interests, privileges, easements, encumbrances, and franchises relating thereto, including terms for years and liens by way of judgment, mortgage, or otherwise.
(18) "Public body" means this State or any county, city, town, municipal corporation, municipality, authority or other subdivision, agency or body or instrumentality, corporate or otherwise, authorized by law to exercise the power of eminent domain.
(19) "Public works project" means any work or undertaking which is financed in whole or in part by a federal agency or a public body, or is administered or supervised or regulated by a federal agency or a public body.
HISTORY: 1987 Act No. 173, SECTION 1.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1993–2026 · leading case: Kiriakides v. Sch. Dist. of Greenville, 675 S.E.2d 439 (S.C. 2009).
Kiriakides v. Sch. Dist. of Greenville, 675 S.E.2d 439 (S.C. 2009). “” S.C.Code Ann. § 28-2-30(14) (emphasis added).”
Georgetown Cnty. v. Davis & Floyd, Inc., 824 S.E.2d 471 (S.C. Ct. App. 2019). “See S.C. Code Ann. § 28-2-30 (6), (16) (2007).”
City of North Charleston v. Claxton, 431 S.E.2d 610 (S.C. Ct. App. 1993). “section 28-2-30(11) (1976) which provides: “Improvement” includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial…”
South Carolina Dep't of Transp. v. Revels, 766 S.E.2d 700 (S.C. 2014). “” S.C.Code Ann. § 28-2-30(14) (2007) (defining “litigation expenses” for prevailing landowner).”
Normandy Corp. v. South Carolina Dep't of Transp., 688 S.E.2d 136 (S.C. Ct. App. 2009). “§ 15-53-20 (2005) (“Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed.”
Ingram v. Kasey's Assocs., 493 S.E.2d 856 (S.C. Ct. App. 1997). “Thus, the landowner alone is [ordinarily] served with the condemnation notice and accepts or rejects the tender or challenges the right to condemn, is served with the condemnor's election to proceed with trial, and consents to abandonment of the action.”
South Carolina Dep't of Transp. v. Revels, 731 S.E.2d 897 (S.C. Ct. App. 2012). “S.C.Code Ann. § 28-2-30(14) (2007). In any application for attorney’s fees under the Act, the landowner shall show that [he] has prevailed, state the amount sought, and include an itemized statement from an attorney or expert witness representing or appearing at trial in behalf…”
SCD of Com. v. Clemson Univ. (S.C. Ct. App. 2020). “" S.C. Code Ann. § 28-2-30 (6) (2007). "Landowner" means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are…”
SCE&G v. Pitch Landing, LLC (S.C. Ct. App. 2023). “" (emphasis added)); S.C. Code Ann. § 28-2-30 (6) (2007) (defining "condemnee" as "a person or other entity who has a record interest in or holds actual possession of property that is the subject of a condemnation action"); 18 S.”
Sunset Lodge, LLC v. Town of Pawleys Island (S.C. Ct. App. 2026). “S.C. Code Ann. § 28-2-30 (14) (2007). In interpreting section 28-2-510, our supreme court has concluded that the General Assembly intended for attorneys' fees to be awarded based on a "constellation of factors.”
Sunset Lodge, LLC v. Town of Pawleys Island (S.C. Ct. App. 2026). “S.C. Code Ann. § 28-2-30 (14) (2007). In interpreting section 28-2-510, our supreme court has concluded that the General Assembly intended for attorneys' fees to be awarded based on a "constellation of factors.”
— S.C. Code Ann. § 28-2-30(11) — 1 case
City of North Charleston v. Claxton, 431 S.E.2d 610 (S.C. Ct. App. 1993). “section 28-2-30(11) (1976) which provides: “Improvement” includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial…”
— S.C. Code Ann. § 28-2-30(12) — 1 case
SCD of Com. v. Clemson Univ. (S.C. Ct. App. 2020). “" S.C. Code Ann. § 28-2-30 (6) (2007). "Landowner" means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are…”
— S.C. Code Ann. § 28-2-30(14) — 3 cases
Kiriakides v. Sch. Dist. of Greenville, 675 S.E.2d 439 (S.C. 2009). “” S.C.Code Ann. § 28-2-30(14) (emphasis added).”
South Carolina Dep't of Transp. v. Revels, 766 S.E.2d 700 (S.C. 2014). “” S.C.Code Ann. § 28-2-30(14) (2007) (defining “litigation expenses” for prevailing landowner).”
South Carolina Dep't of Transp. v. Revels, 731 S.E.2d 897 (S.C. Ct. App. 2012). “S.C.Code Ann. § 28-2-30(14) (2007). In any application for attorney’s fees under the Act, the landowner shall show that [he] has prevailed, state the amount sought, and include an itemized statement from an attorney or expert witness representing or appearing at trial in behalf…”
— S.C. Code Ann. § 28-2-30(5) — 1 case
Kiriakides v. Sch. Dist. of Greenville, 675 S.E.2d 439 (S.C. 2009). “” S.C.Code Ann. § 28-2-30(14) (emphasis added).”
— S.C. Code Ann. § 28-2-30(6) — 1 case
Ingram v. Kasey's Assocs., 493 S.E.2d 856 (S.C. Ct. App. 1997). “Thus, the landowner alone is [ordinarily] served with the condemnation notice and accepts or rejects the tender or challenges the right to condemn, is served with the condemnor's election to proceed with trial, and consents to abandonment of the action.”
— S.C. Code Ann. § 28-2-30(8) — 1 case
Normandy Corp. v. South Carolina Dep't of Transp., 688 S.E.2d 136 (S.C. Ct. App. 2009). “§ 15-53-20 (2005) (“Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed.”
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