If for any reason the Department of Environmental Services is unable to secure any rights of way and spoil disposal area upon, across, or through any such land, including submerged lands, property, or rights, by voluntary agreement with the owner, the Department of Environmental Services, acting for and in behalf of the State may condemn it.
Condemnation of lands needed from private persons or public service companies by Department of Health and Environmental Control
S.C. Code Ann. § 3-5-50, under Title 3, Chapter 5.
S.C. Code Ann. § 3-5-50