G. Tenant's Rights

• Library: Practical Guide to Commercial Real Estate in South Carolina (SCBar) (2012 Ed.)

G. Tenant's Rights

1. Condemnation

Condemnation is the exercise of the power of eminent domain. The entire leased property need not be condemned for the rights and obligations of the parties to a commercial lease to terminate; the condemnation of a major portion of the leased premises will also terminate the lease. South Carolina's eminent domain statute differentiates between the rights of "landowners," who have a record fee simple interest in the condemned property, and those of "condemnees," who have a record interest in or hold actual possession of the condemned property.¹⁰¹ Commercial leases may provide that a total taking will terminate the lease and that the tenant waives any right to receive compensation for his leasehold interest. If no such provision is included in the lease, the landowners and condemnees must sign a written agreement dictating how the compensation from the condemning authority shall be paid. Absent such an...