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BURNETT v. S.C. STATE HIGHWAY DEPT.

18915

252 S.C. 568 (1969)

167 S.E.2d 571

Betty Lewis BURNETT, Respondent, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

May 5, 1969.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and Ben T. DeBerry, Assistant Attorney General, of Columbia, and William M. Wilson, of Camden, for Appellant.

Messrs. Frank E. Rector, and West, Holland & Furman, of Camden, for Respondent.

May 5, 1969.

LEWIS, Justice.

The question to be decided is whether the lower court had the authority to permit a landowner, against whom the State Highway Department had instituted condemnation proceedings, to file an appeal to the Court of Common Pleas from a decision of the Board of Condemnation after the statutory time limit for appeal had expired.

The statutes grant to the State Highway Department the authority to condemn lands for highway purposes...

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