If for any reason the Department of Environmental Services is unable to secure any rights of way and spoil disposal area upon, across, or through any such land, including submerged lands, property, or rights, by voluntary agreement with the owner, the Department of Environmental Services, acting for and in behalf of the State may condemn it.

HISTORY: 1962 Code SECTION 70-255; 1952 Code SECTION 70-255; 1942 Code SECTION 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code SECTION 70-255; 1952 Code SECTION 70-255; 1942 Code SECTION 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1978 Act No. 508 SECTION 1; 1987 Act No. 173 SECTION 3, eff nine months from approval by Governor (approved by Governor on June 30, 1987); 1993 Act No. 181, SECTION 38, eff July 1, 1994; 2026 Act No. 146 (H.4189), SECTION 7, eff May 15, 2026.

Effect of Amendment

2026 Act No. 146, SECTION 7, substituted "Department of Environmental Services" for "South Carolina Department of Health and Environmental Control" in two places and made nonsubstantive changes.

The 1987 Amendment rewrote this section, removing references to condemnation of land under the provisions of Article 3 of Chapter 17 of Title 57.

The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council" and "Council."