South Carolina § 3-5-40 - Acquisition of land needed from private persons or public service companies.
Full text of South Carolina South Carolina Code of Laws § 3-5-40 — Acquisition of land needed from private persons or public service companies., with citation guidance and answers to common questions.
§ 3-5-40. Acquisition of land needed from private persons or public service companies.
If the title to any part of the lands, including submerged lands, property or property rights, required by the United States Government for the construction and maintenance of the aforesaid intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof, and the Ashley River and Shipyard River projects shall be in any private person, firm or corporation, telephone or telegraph company or other public service corporation or shall have been donated or condemned for public or public service purposes by any political subdivision of this State or any public service corporation, the South Carolina Department of Health and Environmental Control may, acting for and in behalf of the State, secure the above described rights of way and spoil disposal areas for such intracoastal waterway and all its tributaries and for the Ashley River and Shipyard River projects upon, across and through such lands, including submerged lands, or any part thereof, including oyster beds, telephone and telegraph lines, railroad lines, property of other public service corporations and other property and property rights, by purchase, donation or otherwise, through agreement with the owner when possible. And when any such easement or property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States.
HISTORY: 1962 Code SECTION 70-254; 1952 Code SECTION 70-254; 1942 Code SECTION 6031-1; 1934 (38) 1314; 1935 (39) 120; 1938 (40) 1902; 1945 (44) 156; 1954 (48) 1745; 1962 Code SECTION 70-254; 1952 Code SECTION 70-254; 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; 1993 Act No. 181, SECTION 37, eff July 1, 1994.
Effect of Amendment
The 1993 amendment substituted "South Carolina Department of Health and Environmental Control" for "South Carolina Coastal Council."
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 3-5-40
What does South Carolina Code of Laws § 3-5-40 cover?
Section 3-5-40 ("Acquisition of land needed from private persons or public service companies.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 3-5-40?
A common citation format is "South Carolina Code of Laws § 3-5-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 3-5-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.