The bill S. 892 aims to amend the South Carolina Code of Laws by adding Section 6-29-1230, which allows courts to award reasonable attorney's fees and costs to applicants and property owners who successfully defend their decisions in appellate proceedings. Specifically, if an appeal is dismissed or the decision is not reversed, the applicant or property owner is presumptively entitled to recover these fees from the appellant. However, the bill stipulates that applicants and property owners cannot recover fees in appeals related to decisions granting special exceptions.

Additionally, the bill sets a cap on the amount awarded for attorney's fees, ensuring it does not exceed what the applicant or property owner contracted to pay their counsel for the appeal. It also outlines factors to consider when determining a reasonable rate for attorney's fees, including the complexity of the case, time spent, the professional standing of the attorney, the results achieved, and customary fees for similar legal services. The act will take effect upon approval by the Governor.

Statutes affected:
02/04/2026: 6-29-1230
Latest Version: 6-29-1230