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.
Mt. Pleasant Must Pay Millions for Land on Shem Creek
SC State Port Authority must return land taken 20 years ago
Mason Law Firm has successfully handled high stakes cases against the Town of Mount Pleasant, the South Carolina State Ports Authority and the South Carolina Department of Transportation. Notably, one case involved the docks on Shem Creek where the Shem Creek Park is now located. Another case involved deep-water property on Daniel Island, which the South Carolina State Ports Authority was required to return to the former landowners after it took their private property but did not use it for a public purpose.
Contact Mason Law Firm for a free consultation on your eminent domain / condemnation case.