South Carolina § 48-39-305 - Judicial determination of ownership and whether construction prohibition applies or requires compensation; burden of proof.
Full text of South Carolina South Carolina Code of Laws § 48-39-305 — Judicial determination of ownership and whether construction prohibition applies or requires compensation; burden of proof., with citation guidance and answers to common questions.
§ 48-39-305. Judicial determination of ownership and whether construction prohibition applies or requires compensation; burden of proof.
(A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power.
(B) The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision.
HISTORY: 1990 Act No. 607, SECTION 3; 1993 Act No. 181, SECTION 1235.
Editor's Note
Note: The Supreme Court, 1991 leading cases: Lucas v. South Carolina Coastal Council. 106 Harv L Rev 269 (Nov 1992).
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 48-39-305
What does South Carolina Code of Laws § 48-39-305 cover?
Section 48-39-305 ("Judicial determination of ownership and whether construction prohibition applies or requires compensation; burden of proof.") 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 § 48-39-305?
A common citation format is "South Carolina Code of Laws § 48-39-305" (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 § 48-39-305 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.