Landowner Rights to Compensation in Cases of Eminent Domain
When the government or a utility company takes private property through the power of eminent domain, the property owner has a constitutional right to “just compensation”. Whether the taking is for a road, power lines, or any other public project, the owner is entitled to receive fair market value for their property. South Carolina law requires payment for (1) the value of the land taken and (2) often just as important, decrease in the value of the remaining property based on changes to access or other negative impacts.
The Belser Firm has significant experience representing not only landowners but also governmental entities in condemnation cases. This provides the firm a broad perspective on the specialized appraisal and engineering issues that can arise in these cases; and productive relationships with expert witnesses who can explain those issues to a jury.
The firm does not take cases against the South Carolina Department of Transportation (due to a conflict of interest) but does represent property owners against other condemning authorities. Property owners affected by a threatened or actual condemnation should contact William C. Dillard, Jr. or call 803.929.0096.