Eminent Domain/Condemnation Process for Governmental Entities

It sometimes becomes necessary for South Carolina governmental entities to use the power of eminent domain to obtain rights-of-way and other land needed for important public projects. This power is subject to important constitutional and statutory constraints. When employing the power, governmental entities must:

  • Offer “just compensation” 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
  • Consider whether a project constitutes a “public use” under South Carolina law
  • Identify proper legal authority for exercise of the power
  • Follow proper procedural steps.

The Belser Law Firm has significant experience representing state and local governmental entities in condemnation cases. The firm has a broad perspective on the specialized appraisal and engineering issues that can arise in these cases, and we work with expert witnesses who can explain those issues to a jury. The firm also offers services for pre-project planning where it appears that condemnation may be necessary.

If you represent a governmental entity considering the use of eminent domain, we encourage you to contact us or call 803.929.0096.

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