South Carolina Eminent Domain Attorneys: Investigating Eminent Domain Lawsuits
The South Carolina eminent domain attorneys at the Strom Law Firm, LLC fight for fair compensation on behalf of landowners in condemnation proceedings. If you have received notice that the government seeks to take your land by way of a condemnation proceeding, you should contact us today to discuss your legal rights. Although the government has the right to take your property for a public purpose or public necessity, you are legally entitled to receive fair market value for the affected property. Give us a call today for a free consultation. 803.252.4800
Taking Your Land For Public Use
The phrase eminent domain refers to the government’s ability to take private property for public use through a condemnation proceeding. Although the government may have the right to take private property for the public good, it may not do so without providing the landowner with fair compensation. A landowner’s rights to fair compensation are protected under the United States Constitution. The Fifth Amendment outlines, in pertinent part, that no person shall have their private property taken for public use without “just” or reasonable compensation. Just compensation may be considered the fair market value of the property the government seeks to obtain. The Government’s ability to take private property for public use is commonly referred to as “The Takings Clause”.
Analyzing Your Eminent Domain Case
When you hire our team, we will review the facts of your case to determine:
- whether your land has been “taken” for purposes of eminent domain?
- what constitutes a “public use”, and
- whether you have been offered “just compensation”?
Importantly, there are varying degrees of what is considered a taking. Depending upon the circumstances, there may be a complete taking, a partial taking, or even a temporary taking.
Recent Eminent Domain Court Decisions
There have been many Supreme Court cases over the legality of eminent domain and over what constitutes “public good.” In 1984, SCOTUS decided in Hawaii Housing Authority v. Midkiff that the State can use eminent domain to take land and redistribute it to rectify a public crisis. The Court further held that the land doesn’t have to be used by the public for the taking to be just and fair. More recently in Kelo v. City of New London the Supreme Court decided that the city or State can take land and give it to a private corporation when economic development will help the public good.
In South Carolina, the government has statutory authority to bring a condemnation action upon property necessary for any public purposes. S.C. Code § 28-2-110, et seq. However, government conduct may amount to a taking even where the government has failed to initiate such an action.
When Can’t Eminent Domain Be Used?
In 1987, The Supreme Court, found in Nollan v. California Coastal Commission (CCC) that there has to be an “essential nexus” between a legitimate State interest and the permit condition, and a “psychological barrier” cannot be used to justify the taking. If the State is to take the property, the taking must “substantially advance legitimate state interests.”
Call Today for a Free Eminent Domain Lawsuit Consultation
You have the right to challenge the State’s attempt to take your property. Our team will ensure that your rights are protected through the condemnation proceeding and fight to secure “just compensation.” 803.252.4800