Eminent Domain Lawyers Myrtle Beach
“Eminent domain” is the term used by courts to describe the process by which the government is permitted to take private property. In a normal transaction, property purchasers pay a negotiated, agreed amount of money to become the owners of property willingly sold by the prior owner. In eminent domain, or “condemnation” matters, the government may take private property regardless whether the property owner is interested in selling or willing to part with the property. The government is authorized to take private property in this manner by the Fifth Amendment to the United States Constitution, and similar sections of individual State Constitutions. Under this authority, private property may be taken for a public purpose without the permission of the landowner as long as the government pays the landowner “just compensation” for the land taken and for any negative impacts to the Landowner’s remaining property. In South Carolina, the State legislature has established a detailed process by which private property may be taken at Section 28-2-10, et seq. of the South Carolina Code of Laws, the “Eminent Domain Procedure Act.”The founder of the Bellamy Law Firm, Howell V. “Skeets” Bellamy, Jr., and his partner Robert S. Shelton, have represented many South Carolina property owners in the defense of eminent domain or condemnation actions filed against them by the government. When the South Carolina Department of Transportation (“SCDOT”), for instance, takes private property to build highways, the attorneys who represent the government have access to the engineering staff and legal staff at the SCDOT headquarters in Columbia. They will also have access to an appraisal review staff and independent appraisers hired by the SCDOT. The statute requires the government to provide the landowner a copy of the highway plans and the SCDOT appraisal so the landowner can make and informed decision as to whether to accept the amount of money offered by the government for their property. In order for the government to start eminent domain proceedings, a lawsuit must be filed against the landowner and the amount of money the government determines to be just compensation must be deposited with the Clerk of Court for the County where the property lies.
Once a condemnation action has been filed, the landowner may either challenge the government’s authority to condemn, or challenge the government’s determination of the amount of money deposited as just compensation. In either event, it is important for landowner’s to speak with an attorney who understands the details of the appraisal process and the eminent domain litigation process prior to making any decisions, or signing any documents, from a government representative.
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