summary
Introduced
04/01/2025
04/01/2025
In Committee
05/08/2025
05/08/2025
Crossed Over
05/07/2025
05/07/2025
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Amending Section 48-39-280, Relating To Beach Preservation Appeals Policies And Procedures, So As To Stay Any Enforcement Action During The Pendency Of The Appeal And To Provide That The Agency Will Be Responsible For Attorney's Fees And Costs To The Appellant If The Administrative Law Judge Reverses The Decision Of The Agency.
AI Summary
This bill amends South Carolina's beach preservation laws to provide additional protections and appeal rights for landowners challenging baseline or setback line determinations. The bill establishes a detailed review process where landowners can request a review conference with the department board within one year of a baseline or setback line establishment, paying a $100 review fee. If unsatisfied with the department's decision, landowners can request a contested case hearing before the Administrative Law Court within 30 days. Importantly, the bill introduces a new provision that allows a prevailing party to recover reasonable attorney's fees from the department if the Administrative Law Court finds that the department's initial determination was without substantial justification. The bill also ensures that during the appeal process, any enforcement actions will be stayed, giving landowners more time and protection to challenge decisions about their coastal property. These changes aim to provide greater fairness and transparency in how the state manages coastal property boundaries and preservation efforts.
Committee Categories
Agriculture and Natural Resources, Justice
Sponsors (1)
Last Action
Referred to Committee on Judiciary (on 05/08/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=0526&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/526_20250506.htm |
| Fiscal Note - S0526 2025-04-01 Introduced | https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/S0526%202025-04-01%20introduced.pdf |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/526_20250418.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/526_20250415.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/526_20250402.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/526_20250401.htm |
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