Any abutting property owner or lessee may file an application within thirty days from a decision of the department in the administration of §§ 57-5-1080 to 57-5-1110 for a hearing in the matter before a circuit judge at chambers or in open court in the judicial circuit in which the property is located, and such court or judge is hereby vested with jurisdiction to set the matter for a hearing upon ten days’ written notice to the department of such hearing and thereupon to determine whether the action of the department is in accordance with the provisions of law. The decision of the circuit judge may be appealed in the manner provided by the South Carolina Appellate Court Rules.

Provided, however, that the above procedure shall be an alternative method of relief and shall not abrogate or deny any property owners’ rights as to relief under any existing law relating to the condemnation of property.

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Terms Used In South Carolina Code 57-5-1120

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Chambers: A judge's office.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.