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SC S0892

Bill

Status

Introduced

2/4/2026

Primary Sponsor

Russell Ott

Click for details

Origin

Senate

126th General Assembly

AI Summary

  • Allows courts to award attorney's fees and costs to property owners/applicants who successfully defend approved zoning decisions (from planning commissions, boards of zoning appeals, or architectural review boards) when appeals are dismissed or decisions are upheld

  • Creates a presumption that applicants/property owners are entitled to recover fees from appellants when they prevail in defending their approved applications

  • Excludes special exception decisions from fee recovery eligibility

  • Caps recoverable fees at the actual amount contracted to pay counsel, limited to reasonable time at a reasonable rate

  • Establishes five factors for determining reasonable attorney's fees: case difficulty, time devoted, counsel's professional standing, beneficial results obtained, and customary fees for similar services

Legislative Description

Civil Appeal Bonds

Last Action

Referred to Committee on Judiciary

2/4/2026

Committee Referrals

Judiciary2/4/2026

Full Bill Text

No bill text available