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South Carolina

Code of Laws of South Carolina 1976 Annotated. Title 50. Fish, Game and Watercraft. Chapter 1. General Provisions. 50-1-270. Liability for gross destruction or injury to wildlife, aquatic life, endangered or threatened species, or state lands or waters.

Statute Details
Printable Version
Citation: Code 1976 50-1-270

Citation: SC ST 50-1-270


Last Checked by Web Center Staff: 12/2013

Summary:  

This South Carolina statute provides that any person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. This section does not apply to ordinary agricultural practices.



Statute in Full:

(A) A person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. Monies paid in satisfaction of these claims must be used to restore, replenish, or enhance wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For purposes of this section, the injury or damages must be caused by other than pollution.

(B) The department is the agency primarily responsible for the enforcement and implementation of this section. Other state agencies and governmental entities shall cooperate with the department in an effort to investigate the causes of the destruction or injury and shall assist in collecting the appropriate damages.

(C) This section does not apply to ordinary agricultural practices.

CREDIT(S)

HISTORY: 1992 Act No. 397, § 1; 1993 Act No. 181, § 1257.

 



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