Burnett v. South Carolina State Highway Department

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 and prescribe the procedure to be followed. Section 33-121 et seq., 1962 Code of Laws, as amended. The initial determination of the amount to be paid by the…