{"data":{"id":"us-sc/s.c.-code-ann.-57-5-1330--2","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 57-5-1330","heading":"General powers of Department; feasibility studies; highway construction projects; acquisition of land and property; other powers granted by law; contracts.","body":"(A) The department may designate, establish, plan, improve, construct, maintain, operate, and regulate choice lane facilities as a part of the state highway system or any federal aid system whenever the department determines the traffic conditions, present or future, justify the facilities, except that the department may not designate as a choice lane facility any highway, road, bridge, or other transportation facility funded in whole or in part by a then imposed local option sales and use tax imposed pursuant to Chapter 37 of Title 4, unless by agreement with the applicable county government. The department may utilize choice lane facilities revenues and funds available for the maintenance of the state highway system for the maintenance and operation of any choice lane facility. The authority to designate choice lane facilities under this section shall at all times be subject to the provisions of Section 57-3-615, and such designation shall not be effective until ratified or approved by the State Fiscal Accountability Authority.\n(B) If the department determines it is feasible to make all or part of any construction project a choice lane facility, then it may engage in the preliminary estimates and studies incident to the determination of the feasibility or practicability of constructing any choice lane facility as it from time to time considers necessary and the cost of the preliminary estimates and studies must be paid from the general highway fund and must be reimbursed from funds provided under this authority only if the studies and estimates lead to the construction of a choice lane facility.\n(C) The department may acquire such lands and property including rights of access as may be needed for choice lane facilities by gift, devise, purchase, or condemnation by easement or in fee simple in the same manner as now or hereafter authorized by law for acquiring property or property rights in connection with other state highways.\n(D) In designating, establishing, planning, abandoning, improving, constructing, maintaining and regulating choice lane facilities the department may exercise authorizations granted to the department by the provisions of other statute law applicable to the state highway system, except as they may be inconsistent with the provisions included herein.\n(E)(1) The department may contract with any person, partnership, association or corporation desiring the use of any part of the choice lane facility, including the right of way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels and restaurants or for any other purpose, except tracks for railroad or railway use and to fix the terms, conditions, rents and rates of charges for such use provided that a sufficient number of the aforementioned facilities shall be authorized to be established in each service area along any such choice lane project to permit reasonable competition by private business in the public interest. Revenues from these contracts would be included in choice lane facility revenues.\n(2) The department may contract with any political subdivision desiring to assist the department, whether financially, in kind, or otherwise, in any of the designating, establishing, planning, abandoning, financing, improving, constructing, maintaining, and regulating choice lane facilities as may be set forth in a short-term or long-term intergovernmental agreement between the department and the political subdivision. Revenues from these contracts may be pledged for the term thereof and may be included in choice lane facility revenues should the contract so provide. The right to receive any payments under such an intergovernmental agreement may be maintained by the department or assigned to the trustee for the bonds, as may be provided or authorized in the bond resolution. The authority to enter into such an intergovernmental agreement is concurrent and supplementary to those general powers granted political subdivisions and the department in the South Carolina Code of Laws including, without limitation, Title 57.","path":["Title 57 - HIGHWAYS, BRIDGES AND FERRIES","CHAPTER 5 State Highway System","ARTICLE 9 Turnpike Projects"],"source_url":"https://www.scstatehouse.gov/code/t57c005.php","current_through":"2026 Session of the General Assembly","vintage":"","retrieved_at":"2026-10-25T04:27:40Z","sha256":"a1175fd3d8302e3c64e3ddeff8359e483002d208fb31348dc65f225ff63d5bfd","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-57-5-1330","next":"us-sc/s.c.-code-ann.-57-5-1335"},"notice":"GroundRules: Original legal text. Not legal advice."}