City of Orangeburg v. Edwards

Lewis, Chief Justice:

This is a condemnation proceeding in which the appellant challenges the lower court judge’s denial of her motion to dismiss the respondent’s appeal to the court of common pleas. The crux of the appellant’s contention on appeal is that § 28-9-90 concerning the service of papers in a condemnation action requires personal service under the provisions of § 15-9-520. We agree.

In an effort to acquire an easement through the appellant’s land, the City of Orangeburg initiated this action by personal service. Thereafter, the Board of Condemnation awarded her $6,000.00 as…