South Carolina Eminent Domain Attorneys

We provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain Attorneys & Lawyers In South Carolina

Landowners going through eminent domain in South Carolina often feel powerless and overwhelmed. But the eminent domain attorneys at Sever Walker Padgitt are here to offer guidance and support. As experts in eminent domain and condemnation, we hold all levels of government and private entities accountable as they exercise the right to eminent domain. Your interests as the property owner are our first and only priority.

Sever Walker Padgitt serves all areas of South Carolina, including:

  • Charleston
  • Columbia
  • Mount Pleasant
  • Myrtle Beach

What Is Eminent Domain Law In South Carolina?

Eminent domain law in South Carolina gives certain government and private groups the right to take privately owned land for public purposes. Land can be taken to build roads, highways, pipelines, government buildings, and more. When the group exercising eminent domain actually takes the land, the act is known as condemnation.

Several eminent domain cases recently in South Carolina—involving the South Carolina Department of Transportation, the state government, and South Carolina Electric & Gas Company—demonstrate the importance of following correct procedures and establishing just compensation that is fair to the landowner.

In South Carolina, any government or private party that seeks to issue a condemnation order must notify the owner through proper channels and offer appropriate compensation for the land and property. A property owner is allowed to contest the real-world implications and necessity of the proposed “public use” and to ask for an adjustment to their compensation before the project can proceed.

South Carolina also holds inverse condemnation regulations that can restrict the use of private property prior to, or without, formal condemnation and trigger property seizure without initiating the eminent domain process. If you are facing government restrictions without your consent, it is vital that you consult a South Carolina eminent domain attorney as soon as possible.

What Should Landowners Do After Receiving an Eminent Domain Notice in South Carolina?

Landowners who have received an eminent domain notice in South Carolina should act with urgency. You have the legal right to have your voice heard in condemnation cases. But remember that the condemnor may have spent months or even years planning the taking of the land, and every minute of delay could influence how the case plays out in court. That is why it is so important to act quickly and get professional help from a seasoned eminent domain lawyer to ensure you follow the correct procedures in a timely fashion and receive fair compensation.

Here are a few steps you should take as a landowner.

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

Frequently Asked Questions

Unfortunately, the definition of “just compensation” in South Carolina is frequently up for debate, which often results in naive landowners settling for lowball offers from their condemnors. So what classifies as just compensation?

According to South Carolina law, every landowner is entitled to compensation that equals or exceeds the current market value of their property. A South Carolina condemnation and eminent domain attorney can help landowners get the compensation they deserve.

Many South Carolina landowners are subject to a total taking, meaning their home or business must be moved to a new location. Of course, this requires money, and the condemnor is obligated to compensate the landowner for these relocation costs.

Condemnors often underestimate these costs, but the right eminent domain attorney can ensure landowners receive the full amount required to cover their needs.

Landowners may be intimidated by their condemnor, but according to South Carolina law, there are certainly limits to a condemnor’s power. The government or private entity taking the land must adhere to the following conditions:

  • Provide adequate eminent domain notice.
  • Offer just compensation in exchange for the land.
  • Deliver a copy of the appraisal to the landowner.
  • Give notice of eminent domain proceedings.

The exact timeline for eminent domain cases in South Carolina may vary depending on whether the case requires litigation. Some cases may be resolved in just a few months, while others may last for eight months or more.

Some types of land are exempt from eminent domain in South Carolina, but in general, it is unlikely that a given eminent domain case in the state will be completely stopped. In order for this to happen, an attorney would need to prove that the condemnor has done something illegal in the eminent domain process.

The more likely result is that an attorney helps the landowner obtain more favorable compensation and relocation benefits.

There are certain situations in which a landowner in South Carolina may be able to recover reasonable attorney fees associated with challenging an eminent domain order and just compensation calculations. Your attorney will be able to help you understand any and all items that should be included in your compensation proposal.

Yes. Just as every property and home is assessed on its unique concerns, businesses require a more in-depth appraisal to account for lost income, relocation fees, and other associated costs. Of course, these are in addition to the fair market value of the property itself.

In most cases, the government is legally allowed to condemn your property even if you do not respond or negotiate with them. There are very few exceptions. The best course of action is to meet with a qualified eminent domain attorney to ensure your voice is heard and your right to just compensation is honored correctly.

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we take pride in our expertise and dedication. With over 50 years of combined experience, our entire firm is built around serving youthe landowner who is facing eminent domain or condemnation.

Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You

At Sever Walker Padgitt, we’re committed to ensuring landowners receive the fair treatment and compensation they are entitled to when facing eminent domain. With more than 50 years of experience in eminent domain and condemnation law, we will fight for your rights and balance the scales of justice. We’ve helped countless landowners just like you all across the country.

Our mission is to hold condemnors, whether they be state, federal, local, utility, or university, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.

Contact us for a free consultation as soon as you receive a condemnation notice. We’ll go over your options and give you honest answers to your questions.

Contact Us

Let us share our expertise before you take on Connecticut by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.

Contact us online or call 888-318-3761 to speak to a Connecticut eminent domain attorney.

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