South Carolina Code 6-29-1550. Vested right attaches to real property; applicability of laws relating to public health, safety and welfare
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 6-29-1550
- Landowner: means an owner of a legal or equitable interest in real property including the heirs, devisees, successors, assigns, and personal representatives of the owner. See South Carolina Code 6-29-1520
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Vested right: means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan or a phased development plan as provided in this article and in the local land development ordinances or regulations adopted pursuant to this chapter. See South Carolina Code 6-29-1520
A vested right pursuant to this section is not a personal right, but attaches to and runs with the applicable real property. The landowner and all successors to the landowner who secure a vested right pursuant to this article may rely upon and exercise the vested right for its duration subject to applicable federal, state, and local laws adopted to protect public health, safety, and welfare including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. This article does not preclude judicial determination that a vested right exists pursuant to other statutory provisions. This article does not affect the provisions of a development agreement executed pursuant to the South Carolina Local Government Development Agreement Act in Chapter 31 of Title 6.