Eminent Domain and Condemnation Cases

The United States government, the State of South Carolina, its agencies, such as the South Carolina Department of Transportation and the South Carolina State Ports Authority, as well as local governments, can take private property for public use, but they are required by law to pay the private property owner “just compensation.”

From the standpoint of the private property owner, the government very rarely offers enough money to justly compensate the private property owner, and this often gives rise to a legal dispute. A case in which a private property owner seeks just compensation for the taking of private property is called an eminent domain or condemnation case.

Property in South Carolina can be acquired through eminent domain if it is for a public use like a park, a school or a road, or anything of that nature – only if the landowner receives just compensation.

South Carolina voters approved a constitutional amendment in 2006 preventing governments from taking property for the purpose of economic development, to turn around and deed it to a private developer.

Most of the fight in eminent domain or condemnation cases comes down to the value of the property, not really a fight about whether the condemning entity has the right to take it.

Offers of compensation are based upon appraisals, and determining property values is not an exact science. Mason Law Firm has strong experience in understanding how to prove highest and best use of property thereby bolstering appraised value. This requires creative insight over multiple legal disciplines. Let Mark’s multi- faceted legal experience in eminent domain, civil litigation and property development be your guide. As experienced eminent domain lawyers, Mason Law Firm knows what arguments are more likely to be successful, and what experts will help prove your case in a dispute with the government over valuation.