South Carolina Eminent Domain Lawyer

What is eminent domain?

Eminent domain is the government's power to take private property for public use, such as a road, school, sewer line or power line. The legal process for taking it is called condemnation, and the property owner is called the landowner or condemnee.

The U.S. Constitution and the South Carolina Constitution both require the government to pay just compensation for what it takes. South Carolina also limits takings for private economic development. A 2006 amendment to the state constitution bars condemnation "for the purpose or benefit of economic development, unless the condemnation is for public use."

Who can take property in South Carolina?

Common condemning authorities include: The South Carolina Department of Transportation (SCDOT), Counties and cities, including road projects funded by local transportation sales taxes, School districts, Water, sewer and public service districts, Electric utilities and electric cooperatives, and Natural gas and pipeline companies

What is a "taking"?

A taking can be the whole property or only part of it. Most road projects take a partial piece, such as a strip of front yard, a driveway, parking spaces or trees. They may also take an easement, which is the right to use part of your land for a utility line or temporary construction access.

Sometimes the government damages or uses property without filing a condemnation case at all. Flooding from a new drainage project is one example. The owner may be able to bring an inverse condemnation claim to be paid for that loss.

What are my rights as a property owner?

If your property is being taken in South Carolina, you have the right to:

• Be paid just compensation. That includes the value of the land taken and any loss in value to the land you keep.
• See the government's appraisal. The condemning authority must have your property appraised and make that appraisal available to you.
• Negotiate. The authority must make reasonable and diligent efforts to reach an agreement with you before going to court.
• Reject the offer. You do not have to accept the first number. If you do not respond to the offer in the Condemnation Notice within 30 days, the law treats it as rejected.
• Challenge the taking itself. If you believe the authority has no right to take your property, you must file that challenge within 30 days after the Condemnation Notice is served.
• Have a jury decide what your property is worth. If you and the authority cannot agree, a court can decide just compensation.
• Recover some legal costs in certain cases. When a landowner wins at trial, or the authority abandons the project, South Carolina law allows the court to order the authority to pay reasonable litigation expenses.

What is my property worth?

Just compensation is based on the property's value on the date the Condemnation Notice is filed. In a partial taking, it includes two parts:

1. The value of the land or easement taken.
2. Any drop in value to the property you keep, sometimes called damage to the remainder.

The government's appraisal can miss things that affect value. Common examples include:

• Lost road frontage, access or visibility for a business
• Lost parking, landscaping, trees, fences or signs
• A new road moving closer to your house
• Changes to drainage or the shape of a lot that limit future use
• Development potential the appraiser did not consider

South Carolina law also lets the authority argue that the project benefits your remaining property and reduce what it pays you. A careful valuation addresses that argument too.

What should I do if I get a letter or offer?

1. Do not sign anything yet. Right-of-way agents are often friendly and helpful, but they work for the condemning authority.
2. Write down every date. Note when you received each letter, offer or notice. Several deadlines are only 30 days.
3. Keep every document. That includes the offer letter, appraisal, project plans and any Condemnation Notice.
4. Take photos. Photograph the property as it is now, especially the areas the project will affect.
5. Talk to a lawyer before the deadlines run. A short call can tell you whether the offer is fair and what your options are.

How the Law Offices of Joshua E. Slavin can help

When you hire us, you work directly with attorney Josh Slavin, not a call center or case manager. We will:

• Review the offer, the government's appraisal and the project plans
• Hire an independent appraiser and, when needed, engineers or land planners to show the full impact on your property
• Handle all contact with the condemning authority and its right-of-way agents
• Negotiate for a higher payment
• Protect your deadlines and file court papers when needed
• Take your case to trial if the authority will not pay fair value

How do your fees work?

We want every landowner to be able to afford good representation, so our fee is tied to results:

• No fee up front. You pay nothing to hire us.
• We advance the costs. We pay for the appraisal, experts and court costs while the case is open.
• Our fee comes only from the increase. We are paid a percentage of the amount we recover above the government's initial offer, not of the whole payment. The offer you already have stays yours.
• If we do not increase your offer, you owe no fee. You also owe nothing for the costs we advanced.

How the case ends, and our fee:

• If the case settles before trial, our fee is one-third (33.3%) of the increase over the initial offer
• If the case goes to trial, oir fee is 40% of the increase over the initial offer

Case costs we advance are reimbursed from the recovery after our fee is calculated. We explain every number in writing before you sign anything.

Example: The government offers $60,000 for a strip of your land. We negotiate a settlement of $90,000. The increase is $30,000, so our fee is $10,000. You keep the original $60,000 plus the rest of the increase, less any case costs. This example is for illustration only and does not predict the result in any case.