South Carolina Conveyance and Assignment of Compensation Agreement, Plant Site Agreement, and Road Use Agreement are essential legal documents that play a crucial role in various real estate and infrastructure projects within the state. These agreements outline the terms and conditions for the transfer of property rights, compensation arrangements, usage rights, and other related aspects. Here is a detailed description of each agreement, along with some different types that may exist: 1. South Carolina Conveyance and Assignment of Compensation Agreement: This agreement is commonly used in eminent domain cases or when the government or any other authorized entity condemns private property for public use. It establishes the transfer of property rights from the owner to the acquiring party, ensuring fair compensation to the property owner for the taken land or any other associated damages. Variations of this agreement may include agreements specifically for residential properties, commercial properties, or agricultural properties. 2. South Carolina Plant Site Agreement: The Plant Site Agreement is typically used in industrial projects where a company intends to establish a manufacturing facility, power plant, or any industrial facility in South Carolina. It outlines the terms for leasing or purchasing the land required for the project. This agreement defines the responsibilities of both the site owner and the industrial company, such as maintenance, environmental obligations, and any other terms related to the operation of the facility. Variations of this agreement may include agreements for different types of industries or facility sizes. 3. South Carolina Road Use Agreement: A Road Use Agreement is essential when a construction project requires access to a public road or right-of-way in South Carolina. It sets out the terms and conditions regarding the usage of the road during the construction phase, including permits, traffic control measures, safety requirements, and any additional compensations or restoration responsibilities. Variations of this agreement may include agreements for temporary road use during specific construction projects, long-term agreements relating to access for facilities, or agreements related to the maintenance and repair of existing roads. These agreements are legally binding and should be carefully drafted and reviewed by all parties involved, typically with the assistance of experienced attorneys specializing in real estate and infrastructure law in South Carolina. It is essential to ensure that all relevant keywords are included in these agreements to make them comprehensive, enforceable, and specific to the particular project or situation at hand.
South Carolina Conveyance and Assignment of Compensation Agreement, Plant Site Agreement, and Road Use Agreement
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21 Thus, assignment in South Carolina is permissible, but only after the third-party plaintiff has obtained an excess judgment.
Preference for resident design service; definitions; exceptions. (A) As used in this section: (1) "Design services" means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910 and awarded pursuant to Section 11-35-3220.
SECTION 58-27-265. Identification of regulatory challenges and opportunities associated with electrification of transportation sector.
Generally speaking, contracts can be freely assigned to third parties. Non-assignment provisions are designed so that contracts cannot be as freely assigned to third parties; or at least, not without first obtaining the contracting counterparty's consent.
Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value ...
The initial contract must provide for the possibility of assignment by one of the initial contracting parties. The assignor must agree to assign their rights and duties under the contract to the assignee. The assignee must agree to accept, or "assume," those contractual rights and duties.
However, certain contracts cannot be assigned, for example, contracts with personal rights, such as an agreement between an author and a publisher or a sportsperson and their agent. You must obtain consent from all parties to the original contract and the third party agreeing if you want to novate a contract.
SC Code § 11-35-3030 requires governmental bodies to obtain labor and material payment bonds on any contract to improve real property if the contract is valued in excess of $50,000.