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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 3-5-100: Areas leased for cultivation and gathering of oysters; rights of lessees.

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Where this section sits in the code
  1. Title 3 - UNITED STATES GOVERNMENT, AGREEMENTS AND RELATIONS WITH
  2. CHAPTER 5 Grants of Perpetual Rights and Easements to United States for Development of Waterways
  3. ARTICLE 1 Winyah Bay to South, Ashley and Shipyard Rivers

If any of the lands or property, the use of which is acquired for the rights-of-way and spoil disposal areas has been leased by the South Carolina Department of Natural Resources to any person for the cultivation and gathering of oysters, the Department of Natural Resources shall substitute for the leased areas lying within the rights-of-way and spoil disposal areas other equal areas lying without the rights-of-way and spoil disposal areas that also are suitable for the cultivation and gathering of oysters. The Department of Health and Environmental Control may reimburse the person for any direct actual losses resulting from the transfer of leased oyster beds. If for any reason the Department of Natural Resources is unable to reach an agreement with the owner of the leased oyster beds, the Department of Health and Environmental Control, acting for the State, may condemn the rights and property of the lessees in the leased areas.

Collected 2026-09-02T06:19:59Z. Source file · JSON

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